Oklahoma 2022 2022 Regular Session

Oklahoma House Bill HB3315 Engrossed / Bill

Filed 04/20/2022

                     
 
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ENGROSSED SENATE AMENDMENT 
TO 
ENGROSSED HOUSE 
BILL NO. 3315 	By: Roe and Provenzano of the 
House 
 
  and 
 
  Allen of the Senate 
 
 
 
[ tobacco products - underage tobacco use - effective 
date ] 
 
 
 
 
AMENDMENT NO. 1. Page 1, restore the title to read 
 
"An Act relating to tobacco products; amend ing 10A 
O.S. 2021, Section 2-8-224, which relates to underage 
tobacco use; modifying penalty; and pro viding an 
effective date." 
 
 
Passed the Senate the 19th day of April, 2022. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the ____ day of __________, 
2022. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives   
 
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ENGROSSED HOUSE 
BILL NO. 3315 	By: Roe and Provenzano of the 
House   
 
  and 
 
  Allen of the Senate  
 
 
 
 
 
[ tobacco products - underage tobacco use - effective 
date ] 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA: 
SECTION 1.    AMENDATORY     10A O.S. 2021, Section 2-8-224, is 
amended to read as follows: 
Section 2-8-224.  A.  It is unlawful for a person who is under 
twenty-one (21) years of age to purchase, receive, or have in his or 
her possession a tobacco product, nicotine product or vapor product, 
or to present or offer to any person any purported proof of age 
which is false or fraudulent, for the purpose of purchasing or 
receiving any tobacco product , nicotine product or vapor product.  
It shall not be unlawful for an employe e under twenty-one (21) years 
of age to handle tobacco products, nicotine products or vapor 
products when required in the performance o f the employee's duties.   
 
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B.  When a person violates subsection A of this section, the 
Alcoholic Beverage Laws Enforcement (ABLE) Commission shall impose 
an administrative fine: 
1.  Not to exceed One Hundred Dollars ($100.00) for a first 
offense; and 
2.  Not to exceed Two Hundred Dollars ($200.00) for a second or 
subsequent offense within a one-year period following the first 
offense. 
Upon failure of the individu al to pay the administrative fine 
within ninety (90) days of the day of the fine, the ABLE Commis sion 
shall notify the Department of Public Safety, and the Department 
shall suspend or not issue a driver license to the individual until 
proof of payment has been furnished to the Department of Public 
Safety require the violator to complete an education o r tobacco use 
cessation program approved by the State Department of Health. 
C.  The ABLE Commission shall establish rules to provide for 
notification to a parent or guardian of any minor cited for a 
violation of this section. 
D.  Cities and towns may enac t and municipal police o fficers may 
enforce ordinances prohibiting and penalizing conduct under 
provisions of this section , but the provisions of such ordinances 
shall be the same as provided for in this section, and the 
enforcement provisions under such o rdinances shall not be m ore 
stringent than those of this section.   
 
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E. For the purposes of this section, the term "vapor products" 
shall have the same meaning as provided in th e Prevention of Youth 
Access to Tobacco Act. 
SECTION 2.  This act shall become effective November 1, 2022. 
Passed the House of Representatives the 22nd day of March, 2022. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
Passed the Senate the ___ day of __________, 2022. 
 
 
 
  
 	Presiding Officer of the Senate