law17426

Chapter 426

2017 -- H 5876 SUBSTITUTE A
Enacted 10/05/2017

A N A C T

RELATING TO CRIMINAL OFFENSES - CHILDREN

Introduced By: Representatives Tanzi, Donovan, Ajello, Ruggiero, and Nunes

Date Introduced: March 08, 2017

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 nicotine-delivery system liquid.

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

consumption and used 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) Any liquid nicotine container that is sold at retail in this state must satisfy the child-

resistant effectiveness standards set forth in 16 C.F.R. §1700.15(b), when tested in accordance

with the method described in 16 C.F.R. §1700.20. All licensees under §23-1-56 shall ensure that

any liquid sold by the licensee intended for human consumption and used in an electronic-

nicotine delivery system, as defined in §11-9-13.4, is sold in a liquid nicotine container that meets

the requirements described and referenced in this subsection.

container of a liquid or other substance where the liquid or substance is sold, marketed, or

intended for use in a vapor product. A "liquid nicotine container" does not include a liquid or

other substance in a cartridge that is sold, marketed, or intended for use in a vapor product,

provided that such cartridge is prefilled and sealed by the manufacturer, and not intended to be

opened by the consumer.

(d) Any licensee or any person required to be licensed under §23-1-56 who or 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, or any local or state of Rhode Island police

department, or 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 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 who or that violates the prohibition of

§ 11-9-13.8(1) and/or (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).

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 subsections (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-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 and hospitals 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)(3) "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)(4) "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 council on 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)(2) "Governing body" means the body, board, committee or individual, or its

designated agent(s) or designee(s), responsible for, or which who or that has control over, the

administration of any elementary or secondary school, public or private, in the state.

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

which that 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)(1) "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.

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, 2018.

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LC000725/SUB A

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