SENATE FLOOR VERSION - SB936 SFLR Page 1
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SENATE FLOOR VERSION
February 24, 2025
AS AMENDED
SENATE BILL NO. 936 By: Dossett
[ tobacco and vapor products - fines - effective
date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S . 2021, Section 1-229.13, as
amended by Section 34, Chapter 310, O.S.L. 2023 (63 O.S. Supp. 202 4,
Section 1-229.13), is amended to read as follows:
Section 1-229.13. A. It is unlawful for any person to sell,
give or furnish in any manner any tobacco prod uct, nicotine product
or vapor product to another person who is under twenty -one (21)
years of age, or to purchase in any manner a tobacco prod uct,
nicotine product or vapor product on behalf of any such person. It
shall not be unlawful for an employee un der twenty-one (21) years of
age to handle tobacco products, nicotine products or vapor products
when required in the performance of the employee ’s duties.
B. A person engaged in the sale or distribution of tobacco
products, nicotine products or vapor pro ducts shall demand proof of
age from a prospective purchaser or recipient if an ordinary person
SENATE FLOOR VERSION - SB936 SFLR Page 2
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
would conclude on the basis of appearance that the prospective
purchaser may be under twenty -one (21) years of age.
If an individual engaged in the sale or dist ribution of tobacco
products, nicotine products or vapor products has demanded proof of
age from a prospective purchaser or recipient who is not under
twenty-one (21) years of age, the failure to subsequently require
proof of age shall not constitute a vio lation of this subsection.
C. 1. When a person violates subsection A or B of this
section, the Alcoholic Beverage Laws Enforcement (ABLE) Com mission
shall impose an administrative fine of:
a. not more than One Hundred Dollars ($100.00) for the
first offense,
b. not more than Two Hundred Dollars ($200.00) for the
second offense within a two -year period following the
first offense,
c. not more than Three Hundred Dollars ($300.00) to the
employee and not more than One Thousand Dollars
($1,000.00) to the store owner for a third offense
within a two-year period following the first offense.
In addition to any other penalty, the store ’s license
to sell tobacco products or nicotine products or the
store’s sales tax permit for a store that is
predominantly engaged in the sale of vapor products in
which the sale of other products is merely incidental
SENATE FLOOR VERSION - SB936 SFLR Page 3
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
may be suspended for a period not exceeding thirty
(30) days, or
d. not more than Three Hundred Dollars ($300.00) to the
employee and not more than One Thousand Five Hu ndred
Dollars ($1,500.00) for a fourth or subsequent offense
within a two-year period following the first offense.
In addition to any other pe nalty, the store’s license
to sell tobacco products or nicotine products or the
store’s sales tax permit for a st ore that is
predominantly engaged in the sale of vapor products in
which the sale of other products is merely incidental
may be suspended for a period not exceeding sixty (60)
days.
2. When it has been determined that a penalty shall include a
license or permit suspension, the ABLE Commission shall notify the
Oklahoma Tax Commission, and the Tax Commission shall suspend the
store’s license to sell tobacco products or nicotine products or the
store’s sales tax permit for a store that is predominantly engage d
in the sale of vapor products in which the sale of other products is
merely incidental at the location where the offense occurred for the
period of time prescribed by the ABLE Commission.
3. Proof that the defendant demanded, was shown, and reasonably
relied upon proof of age shall be a defense to any action brought
pursuant to this section. A person cited for violating this section
SENATE FLOOR VERSION - SB936 SFLR Page 4
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
shall be deemed to have reasonably relied upon proof of age, and
such person shall not be found guilty of the violation if such
person proves that:
a. the individual who purchased or received the tobacco
product, nicotine product or vapor product presented a
driver license or other government -issued photo
identification purporting to establish that such
individual was twenty -one (21) years of age or older,
or
b. the person cited for the violation confirmed the
validity of the driver license or other government -
issued photo identification presented by such
individual by performing a transaction scan by means
of a transaction scan device.
Provided, that this defense shall not relieve from liability any
person cited for a violation of this section if the person failed to
exercise reasonable diligence to determine whether the physical
description and picture appearing on the driver license or other
government-issued photo identification was that of the individual
who presented it. The availability of the defense describe d in this
subsection does not affect the availability of any other defense
under any other provision of law.
D. If the sale is made by an employee of the owner of a store
at which tobacco products, nicotine products or vapor products are
SENATE FLOOR VERSION - SB936 SFLR Page 5
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
sold at retail, the employee shall be guilty of the violation and
both the employee and the store owner shall be subject to the fi ne.
Each violation by any employee of an owner of a store licensed to
sell tobacco products or nicotine products or permitted to sell
vapor products shall be deemed a violation against the owner for
purposes of a license suspension pursuant to subsection C of this
section. Each violation by an employee of a store predominantly
engaged in the sale of vapor products in which the sale of other
products is merely incidental shall be deemed a violation against
the owner for purposes of a sales tax permit suspe nsion pursuant to
the provisions of subsection C of this section. An owner of a store
licensed to sell tobacco products or nicotine products o r permitted
to sell vapor products shall not be deemed in violation of the
provisions of the Prevention of Youth Access to Tobacco Act for any
acts constituting a violation by any person, when the violation
occurs prior to actual employment of the person by the storeowner
store owner or the violation occurs at a location other than the
owner’s retail store. For purp oses of determining the liability of
a person controlling franchises or business operations in multiple
locations, for any violations of subsec tion A or B of this section,
each individual franchise or business location shall be deemed a
separate entity.
E. On or before December 15, 1997, the ABLE Commission shall
adopt rules establishing a method of notification of storeowners
SENATE FLOOR VERSION - SB936 SFLR Page 6
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
store owners when an employee of such storeowner store owner has
been determined to be in violation of this section by the ABLE
Commission or convicted of a violation by a municipality.
F. 1. Upon failure of the employee to pay the administrative
fine within ninety (90) d ays of the day of the assessment of such
fine, the ABLE Commission shall notify Service Oklahoma, and Service
Oklahoma shall suspend or not issue a driver license to the employee
until proof of payment has been furnished to Service Oklahoma.
2. Upon failure of a storeowner store owner to pay the
administrative fine within ninety (90) days of the assessment of the
fine, the ABLE Commission shall notify the Tax Commission, and the
Tax Commission shall suspend the store ’s license to sell tobacco
products or nicotine products or the store ’s sales tax permit for a
store that is predominantly engaged in the sale of vapor p roducts in
which the sale of other products is merely incidental until proof of
payment has been furnished to the Oklahoma Tax Commission.
G. Cities and towns may enact and municipal police officers may
enforce ordinances prohibiting and penalizing conduc t under
provisions of this section, but the provisions of municipal
ordinances shall be the same as provided for in this section, and
the penalty provisions under such ordinances shall not be more
stringent than those of this section.
H. County sheriffs m ay enforce the provisions of the Prevention
of Youth Access to Tobacco Act.
SENATE FLOOR VERSION - SB936 SFLR Page 7
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 2. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
February 24, 2025 - DO PASS AS AMENDED