2013 -- S 0622 SUBSTITUTE A

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LC01993/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO CRIMINAL OFFENSES - CHILDREN

     Introduced By: Senators Ruggerio, Ciccone, Lombardi, Jabour, and Ottiano

     Date Introduced: March 06, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 11-9-13, 11-9-13.4, 11-9-13.13, and 11-9-14 of the General Laws

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in Chapter 11-9 entitled "Children" are hereby amended to read as follows:

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     11-9-13. Purchase, sale or delivery of tobacco products to persons under eighteen --

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Posting notice of law Purchase, sale or delivery of tobacco products or vapor products to

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persons under eighteen -- Posting notice of law. – (a) No person under eighteen (18) years of

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age shall purchase, nor shall any person sell, give or deliver to any person under eighteen (18)

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years of age, any tobacco in the form of cigarettes, bidi cigarettes, cigars, little cigars, flavored

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cigars known as "blunts" unflavored "blunts", flavored and unflavored blunt wraps, cigarette

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rolling papers of any size or composition, cigarillos, and tiparillos, pipe tobacco, chewing

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tobacco, or snuff. Any person, firm, or corporation that owns, manages, or operates a place of

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business in which tobacco products are sold, including sales through cigarette vending machines,

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shall post notice of this law conspicuously in the place of business in letters at least three-eighths

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of an inch (3/8") high.

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     (b) No person under the age of eighteen (18) years of age shall purchase, nor shall any

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person sell, give, or deliver to any person under eighteen (18) years of age any vapor product.

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     11-9-13.4. Definitions. -- As used in this chapter:

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      (1) "Bidi cigarette" means any product that (i) contains tobacco that is wrapped in

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temburni or tender leaf or that is wrapped in any other material identified by rules of the

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Department of Health that is similar in appearance or characteristics to the temburni or tender leaf

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and (ii) does not contain a smoke filtering device.

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      (2) "Court" means any appropriate district court of the state of Rhode Island.

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      (3) "Dealer" is synonymous with the term "retail tobacco products dealer".

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      (4) "Department of mental health, retardation and hospitals" means the state of Rhode

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Island mental health, retardation and hospitals department, its employees, agents or assigns.

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      (5) "Department of taxation" means the state of Rhode Island taxation division, its

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employees, agents, or assigns.

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      (6) "License" is synonymous with the term "retail tobacco products dealer license."

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      (7) "License holder" is synonymous with the term "retail tobacco products dealer."

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      (8) "Person" means any individual person, firm, association, or corporation licensed as a

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retail dealer to sell tobacco products within the state.

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      (9) "Retail tobacco products dealer" means the holder of a license to sell tobacco

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products at retail.

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      (10) "Retail tobacco products dealer license" means a license to sell tobacco products at

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retail as issued by the department of taxation.

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      (11) "Spitting tobacco" also means snuff, powdered tobacco, chewing tobacco, dipping

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tobacco, pouch tobacco or smokeless tobacco.

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      (12) "Tobacco product(s)" means any product containing tobacco, including bidi

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cigarettes, as defined in subdivision (1) of this section, which can be used for, but whose use is

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not limited to, smoking, sniffing, chewing or spitting of the product.

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      (13) "Underage individual" or "underage individuals" means any child under the age of

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eighteen (18) years of age.

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      (14) "Little cigars" means and includes any roll, made wholly or in part of tobacco,

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irrespective of size or shape and irrespective of whether the tobacco is flavored, adulterated or

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mixed with any other ingredient, where such roll has a wrapper or cover made of tobacco

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wrapped in leaf tobacco or any substance containing tobacco paper or any other material, except

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where such wrapper is wholly or in greater part made of tobacco and such roll weighs over three

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(3) pounds per thousand (1,000).

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     (15) "Vapor product" means any non-combustible product containing nicotine, such as an

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electronic cigarette, that employs a mechanical heating element, battery or electronic circuit,

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regardless of shape or size, that can be used to heat a liquid nicotine solution contained in a vapor

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cartridge as well as any vapor cartridge containing liquid nicotine solution that can be used with

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or in a vapor product. Vapor product does not include any cessation product approved by the U.S.

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food and drug administration and being marketed and sold solely for that approved purpose.

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     11-9-13.13. Nature and size of penalties. -- (a) Any person or individual that violates a

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requirement of section 11-9-13.6(2), display of specific signage, shall be subject to a fine in court

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of not less than thirty-five dollars ($35.00) nor more than five hundred dollars ($500) per civil

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violation.

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      (b) The license holder is responsible for all violations of this section that occur at the

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location for which the license is issued. Any license holder that violates the prohibition of section

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11-9-13.8(1) and/or (2) shall be subject to civil fines as follows:

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      (1) A fine of two hundred fifty dollars ($250) for the first violation within any thirty-six

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(36) month period;

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      (2) A fine of five hundred dollars ($500) for the second violation within any thirty-six

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(36) month period;

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      (3) A fine of one thousand dollars ($1,000) and a fourteen (14) day suspension of the

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license to sell tobacco products for the third violation within any thirty-six (36) month period;

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      (4) A fine of one thousand five hundred dollars ($1,500) and a ninety (90) day

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suspension of the license to sell tobacco products for each violation in excess of three (3).

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      (c) Any person that violates a prohibition of section 11-9-13.8(3), sale of single

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cigarettes; section 11-9-13.8(2), regarding factory-wrapped packs; shall be subject to a penalty of

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five hundred dollars ($500) for each violation.

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      (d) The department of taxation shall not issue a license to any individual, business, firm,

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association, or corporation the license of which has been revoked or suspended, to any

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corporation an officer of which has had his or her license revoked or suspended, or to any

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individual who is or has been an officer of a corporation the license of which has been revoked or

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suspended so long as such revocations or suspensions are in effect.

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      (e) The court shall suspend the imposition of a license suspension of the license secured

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from the Rhode Island tax administrator for violation of subdivisions (b)(3) and (b)(4) of this

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section if the court finds that the license holder has taken measures to prevent the sale of tobacco

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to minors and the license holder can demonstrate to the court that those measures have been taken

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and that employees have received training. No person shall sell tobacco products, at retail,

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without first being trained in the legal sale of tobacco products. Training shall teach employees

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what constitutes a tobacco product, legal age of purchase, acceptable identification, how to refuse

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a direct sale to a minor or secondary sale to an adult, and all applicable laws on tobacco sales and

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distribution. Dealers shall maintain records indicating that the provisions of this section were

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reviewed with all employees who conduct or will conduct tobacco sales. Each employee who

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sells or will sell tobacco products shall sign an acknowledgement form attesting that the

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provisions of this section were reviewed with him/her. Each form shall be maintained by the

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retailer for as long as the employee is so employed and for no less than one year after termination

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of employment. The measures to prevent the sale of tobacco to minors shall be defined by the

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department of mental health, retardation and hospitals in rules and regulations.

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     (f) Any person that violates the provisions of subsection 11-9-13(b) relating to the

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purchase, sale, or delivery of vapor products to persons under eighteen (18) years of age shall be

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subject to a penalty of five hundred dollars ($500) for each violation.

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     11-9-14. Use of tobacco by minors Use of tobacco or vapor products by minors. – (a)

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No person under eighteen (18) years of age shall smoke or chew or possess when such possession

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is clearly visible tobacco in any public street, place or resort, any tobacco in any form

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whatsoever. Any person under eighteen (18) years of age violating the provisions of this section

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shall be required to perform up to thirty (30) hours of community service or shall be required to

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enter into a tobacco treatment program approved by any local substance abuse prevention task

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force, at the option of a minor charged with a violation of this section.

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     (b) No person under eighteen (18) years of age shall use or possess when such possession

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is clearly visible in any public street, place or resort, any vapor product. Any person under

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eighteen (18) years of age violating the provisions of this section shall be required to perform up

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to thirty (30) hours of community service or shall be required to enter into a tobacco treatment

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program approved by any local substance abuse prevention task force, at the option of a minor

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charged with a violation of this section.

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     SECTION 2. This act shall take effect upon passage.

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LC01993/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES - CHILDREN

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     This act would amend the criminal law relating to cigarettes and tobacco to include all

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vapor products as among those items that are prohibited to persons under the age of eighteen (18).

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     This act would take effect upon passage.

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LC01993/SUB A

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