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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2165 By: Roe
COMMITTEE SUBSTITUTE
An Act relating to children; amending 10A O.S. 2021,
Section 2-8-224, as amended by Section 1, Chapter
261, O.S.L. 2022 (10A O.S. Supp. 2022, Section 2 -8-
224), which relates to tobacco products; setting fine
amounts; requiring violator to attend program or
class; permitting cities and towns to enact
ordinances; authorizing police officers to enforce
ordinances; and providing an 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, as
amended by Section 1, Chapter 261, O. S.L. 2022 (10A O.S. Supp. 2022,
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 purchasi ng or
receiving any tobacco product , nicotine product or vapor product.
It shall not be unlawful for an empl oyee under twenty-one (21) years
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of age to handle tobacco products, nicotine products or vapor
products when required in the performance of the emp loyee's duties.
B. When a person violates subsec tion A of this section, the
Alcoholic Beverage Laws Enforcem ent (ABLE) Commission shall require
the violator to shall complete an education or tobacco use cessation
program approved by the State Department of Health court. If the
violator fails to complete the tobacco use cessation program or dered
by the court, a fine may be imposed that shall not exceed Fifty
Dollars ($50.00) for a first offense or One Hundred Dollars
($100.00) for subsequent offenses. The violator may also be
required to complete a community service program or other
appropriate programs or services as ordered by the court. The court
shall have jurisdiction over the violator for twelve (12) months
following sentencing to ensure all programs and orders of the court
are followed.
C. The ABLE Commission shall establish r ules to provide for
notification to a parent or guardian of any minor cited for a
violation of this section.
D. Cities and towns may enact and m unicipal police officers may
enforce ordinances prohibiting and penalizing conduct in violation
of this section.
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.
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SECTION 2. This act shall become effective November 1, 2023.
59-1-7776 CMA 02/23/23