2016 -- H 7427 SUBSTITUTE A

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LC003992/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- CHILDREN

     Introduced By: Representatives Melo, Craven, Shekarchi, McNamara, and Solomon

     Date Introduced: January 29, 2016

     Referred To: House Health, Education & Welfare

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by

adding thereto the following section:

     11-9-13.20. Packaging of electronic delivery system liquid. -- (a) No liquid, whether or

not such liquid contains nicotine, that is intended for human consumption and use in an electronic

nicotine-delivery system, as defined in §11-9-13.4, shall be sold unless the liquid is contained in

child-resistant packaging.

     (b) All licensees under §23-1-56 shall ensure that any liquid intended for human

consumption and use in an electronic nicotine-delivery system, as defined in §11-9-13.4, is sold

in child-resistant packaging.

     (c)(l) For the purposes of this section, "child-resistant packaging" means packaging that

is designed or constructed to be significantly difficult for children under five (5) years of age to

open or obtain a toxic or harmful amount of the substance contained therein within a reasonable

time and not difficult for normal adults to use properly, but does not mean packaging which all

such children cannot open or obtain a toxic or harmful amount within a reasonable time. A liquid,

as referred to in subsection (a) of this section, enclosed in a package, cartridge, or other container

that is prefilled and sealed by the manufacturer and not intended to be opened by the consumer

shall qualify as child-resistant packaging.

     (2) For purposes of this section, all regulations prescribing standards for "special

packaging'' of household substances per chapter 24.1 of title 23 now or hereafter adopted under

the authority of the federal poison prevention packaging act are the regulatory standards in this

state for "child-resistant packaging" as defined in subsection (c)(l) of this section. Provided,

however, that if any federal statute or federal regulation and/or rule is promulgated prescribing

standards specifically for child safety packaging for liquid nicotine containers, that federal statute

or federal regulation and/or rule shall be the regulatory standard under this section as of the

effective date of any such enacted legislation or final regulation and/or rule.

     (d) Any licensee or any person required to be licensed under §23-1-56 that fails to

comply with this section shall be subject to the penalties provided in §11-9-13.13.

     (e) The licensee is responsible for all violations of this section that occur at the location

for which the license is issued.

     (f) No licensee or person shall be found in violation of this section if the licensee or

person relied in good faith on documentation provided by or attributed to the manufacturer of the

packaging of the aforementioned liquid that such packaging meets the requirements of this

section.

     SECTION 2. Sections 11-9-13.10, 11-9-13.13, 11-9-13.16 and 11-9-13.17 of the General

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

     11-9-13.10. Prohibition on the distribution of free tobacco products. -- The

distribution of free tobacco products and electronic nicotine-delivery systems or coupons or

vouchers redeemable for free tobacco or electronic nicotine-delivery system products to any

person under eighteen (18) years of age shall be prohibited. Further, the distribution of free

tobacco products or electronic nicotine-delivery systems or coupons or vouchers redeemable for

free tobacco or electronic nicotine-delivery systems products shall be prohibited, regardless of the

age of the person to whom the products, coupons, or vouchers are distributed, within five hundred

(500) feet of any school. The attorney general, any local or state of Rhode Island police

department, their officers or agents shall bring an action for any violation of this section. Every

separate, free tobacco product or electronic nicotine-delivery system or coupon or voucher

redeemable for a free tobacco or electronic nicotine-delivery system or product in violation of this

section shall constitute a separate offense subject to a fine of five hundred dollars ($500). The

penalty shall be assessed against the business or individual responsible for initiating the Rhode

Island distribution of the free tobacco products or electronic nicotine-delivery systems or coupons

or vouchers redeemable for free tobacco products or electronic nicotine-delivery systems.

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

requirement of § 11-9-13.6(2), display of specific signage, shall be subject to a fine in court of not

less than thirty-five dollars ($35.00), nor more than five hundred dollars ($500), per civil

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violation.

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

location for which the license is issued. Any license holder that violates the prohibition of §§11-

9-13.8(1), and/or (2) 11-9-13.8(2) or 11-9-13.20 shall be subject to civil fines as follows:

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

month (36) period;

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

month (36) period;

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

license to sell tobacco products or electronic nicotine-delivery systems for the third violation

within any thirty-six-month (36) period;

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

suspension of the license to sell tobacco products or electronic nicotine-delivery systems for each

violation in excess of three (3).

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

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

dollars ($500) for each violation.

      (d) The department of taxation and/or the department of health shall not issue a license to

any individual, business, firm, association, or corporation the license of which has been revoked

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

suspended, or to any individual who is, or has been, an officer of a corporation the license of

which has been revoked or suspended so long as such revocations or suspensions are in effect.

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

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

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

and/or electronic nicotine-delivery systems to minors and the license holder can demonstrate to

the court that those measures have been taken and that employees have received training. No

person shall sell tobacco products and/or electronic nicotine-delivery system products at retail

without first being trained in the legal sale of tobacco and/or electronic nicotine-delivery system

products. Training shall teach employees what constitutes a tobacco and/or electronic nicotine-

delivery system product; legal age of purchase; acceptable identification; how to refuse a direct

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

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

reviewed with all employees who conduct, or will conduct, tobacco and/or electronic nicotine-

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delivery systems sales. Each employee who sells or will sell tobacco and/or electronic nicotine-

delivery system products shall sign an acknowledgement form attesting that the provisions of this

section were reviewed with him or her. Each form shall be maintained by the retailer for as long

as the employee is so employed and for no less than one year after termination of employment.

The measures to prevent the sale of tobacco and/or electronic nicotine-delivery systems to minors

shall be defined by the department of behavioral healthcare, developmental disabilities and

hospitals in rules and regulations.

     11-9-13.16. Rules and regulations. -- The department of mental health, retardation

behavioral healthcare, developmental disabilities and hospitals shall promulgate the rules and

regulations necessary to fulfill the intent of §§ 11-9-13.2 -- 11-9-13.19 11-9-13.20.

     11-9-13.17. Fines collected. -- (a) One-half (1/2) of all the fines collected pursuant to §§

11-9-13.2 -- 11-9-13.19 11-9-13.20 shall be transferred to the municipalities in which the citation

originated.

      (b) One-half (1/2) of all the fines collected pursuant to §§ 11-9-13.2 -- 11-9-13.19 11-9-

13.20 shall be transferred to the general fund.

     SECTION 3. Sections 23-20.9-4 and 23-20.9-5 of the General Laws in Chapter 23-20.9

entitled "Smoking in Schools" are hereby amended to read as follows:

     23-20.9-4. Definitions. -- As used in this chapter:

      (1) "Person" means any person or persons including but not limited to contract or other

workers on school property, school students, school administrators, school employees, school

faculty, and school visitors.

      (2) "School or schools" means any non-residential school building, public or private, of

any city or town or community educational system regulated, directly or secondarily, by the board

of regents for elementary and secondary education or the department of elementary and

secondary education or any other state education board or local city or town school board or

school committee or other legal educational subdivision acting under it. As used in this chapter,

the term "school or schools" includes but is not limited to school playgrounds, school

administration buildings, indoor school athletic facilities, school gymnasiums, school locker

rooms, school buses, other school vehicles, other school buildings whose use is not primarily

residential, and outside areas within twenty-five (25) feet of any school building.

      (3) "Governing body" means the body, board, committee or individual, or its designated

agent(s) or designee(s), responsible for, or which has control over, the administration of any

elementary or secondary school, public or private, in the state.

      (4) "Tobacco product usage" means the smoking or use of any substance or item which

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contains tobacco, including but not limited to cigarettes, cigars, pipes, or other smoking tobacco,

or the use of snuff or smokeless tobacco, or having in one's possession a lighted cigarette, cigar,

pipe, or other substance or item containing tobacco.

     (5) "Electronic nicotine-delivery system usage'' means any vaping, inhaling, or use of any

device defined in §11-9-13.4.

     23-20.9-5. Regulation of smoking in schools. -- (a) The governing body of each school

in Rhode Island shall be responsible for the development of enforcement procedures to prohibit

tobacco product usage and electronic nicotine-delivery system usage by any person utilizing

school facilities. All facilities used by a school, whether owned, leased or rented, shall be subject

to the provisions of this chapter. Enforcement procedures shall be promulgated and conspicuously

posted in each building.

      (b) This chapter shall not modify, or be used as a basis for modifying school policies or

regulations in effect prior to the passage of this chapter if the existing policies or regulations

prohibit tobacco product usage and electronic nicotine-delivery system usage in the school.

      (c) All school areas where tobacco product usage is prohibited shall be clearly marked

with "nonsmoking area" signs with bold block lettering at least three inches (3") high stating

"Tobacco-Free School -- Tobacco Use Prohibited". All school areas where electronic nicotine-

delivery system usage is prohibited shall be clearly marked with "nonsmoking area" signs with

bold block lettering at least three inches (3") high stating "E-Cigarettes and Vapor Devices

Prohibited". There shall be at least one "nonsmoking area" sign, in conformance with the above,

at every building entrance and in other areas as designated by the governing body. Signs shall

also be posted in every school bus and every school vehicle. Signs as detailed above shall be

provided, without charge, by the department of health.

     SECTION 4. This act shall take effect on January 1, 2017.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- CHILDREN

***

     This act would prohibit the sale of liquid that is intended for human consumption and/or

use in an electronic nicotine-delivery system that is not contained in child-resistant packaging.

This act would also prohibit the use of electronic nicotine-delivery systems in schools and

establish penalties for any violations by the users and/or sellers.

     This act would take effect on January 1, 2017.

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