SENATE FLOOR VERSION - SB215 SFLR Page 1
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SENATE FLOOR VERSION
February 23, 2023
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 215 By: Garvin
An Act relating to the Oklahoma Juvenile Code ;
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
purchase, receipt, or possession of tobacco or vapor
products by those under 21 ; broadening entities who
may conduct certain program; authorizing enactment
and enforcement of certain municipal ordinan ces;
limiting amount of certain fine; requiring offender
to complete certain educational program; granting
certain powers to municipal judge; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 2 -8-224, as
amended by Section 1, Chapter 26 1, 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.
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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 of the emp loyee’s duties.
B. When a person violates subsection A of this section, the
Alcoholic Beverage Laws Enforcement (ABLE) Commission shall require
the violator to shall complete an education or tobacco use cessation
program conducted by:
1. The Alcoholic Beverage Law s Enforcement (ABLE) Commission
and approved by the State Department of Health ; or
2. A municipality.
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 ordinances prohibiting and
penalizing conduct in violation of subsection A of this section.
Any fine imposed for a violation of subsection A of this section
shall not exceed Fifty Dollars ($50.00) for a first offense or One
Hundred Dollars ($100.00) for a subsequent offense. An offender
found to be in violation of subsection A of this section shall
complete an educational program designed to deter the unlawful
conduct. The municipal judge may order the offender to complete
community service or to undergo services as determined by the judge.
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E. For the purposes of this section, the term “vapor products”
shall have the same meanin g as provided in the Prevention of Youth
Access to Tobacco Act.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT
February 23, 2023 - DO PASS AS AMENDED BY CS