2015 -- H 5493

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LC001013

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- CHILDREN

     

     Introduced By: Representatives Melo, Johnston, Winfield, Ucci, and Hull

     Date Introduced: February 12, 2015

     Referred To: House Health, Education & Welfare

     (Attorney General)

It is enacted by the General Assembly as follows:

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

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adding thereto the following section:

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     11-9-22. Electronic delivery system liquid – Child-resistant packaging required. --

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(a) No liquid, whether or not such liquid contains nicotine, that is intended for human

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consumption and/or use in an electronic nicotine-delivery system, as defined in § 11-9-13.4, shall

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be sold unless the liquid is contained in child-resistant packaging.

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

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

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sold in child-resistant packaging.

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     (c) For the purposes of this section, “child-resistant packaging” means packaging that is

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

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

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

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

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     (d) A licensee that fails to comply with this section shall be subject to the following

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penalties:

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     (1) For a first violation, a penalty of five hundred ($500) shall be imposed.

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     (2) For a second violation, a penalty of one thousand dollars ($1,000) shall be imposed.

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     (3) A third or subsequent violation will result in suspension of the licensee’s license by

 

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the department of health for not less than fourteen (14) days. The suspension will take effect on

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the date of the director’s written notice of the suspension to the licensee. In the written notice of

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license suspension, the director shall inform the licensee that a written request for a hearing on

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the alleged violation may be filed with the director within ten (10) days after service of notice of

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license suspension. The notice will be deemed properly served upon a licensee if a copy of the

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notice is personally served upon the entity or persons, or sent by registered or certified mail to the

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last known address of that entity or persons, or if that entity or persons is served with notice by

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any other method of service now or later authorized in a civil action under the laws of this state.

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If no written request for a hearing is made to the director within ten (10) days of the service of

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notice, the notice shall automatically become a compliance order. All hearings shall be governed

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by § 23-1-22.

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     SECTION 2. Sections 23-20.9-4 and 23-20.9-5 of the General Laws in Chapter 23-20.9

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

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

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

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

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faculty, and school visitors.

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

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

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

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

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

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

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

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

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

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

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

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

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      (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,

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

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pipe, or other substance or item containing tobacco.

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

 

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electronic nicotine-delivery device defined in § 11-9-13.4.

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

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

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

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

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

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posted in each building.

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

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

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

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

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

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

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

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

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

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

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

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provided, without charge, by the department of health.

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     SECTION 3. This act shall take effect on January 1, 2016.

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

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

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would prohibit the use of electronic nicotine delivery systems in schools.

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     This act would take effect January 1, 2016.

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