PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 22 MRSA §1551, sub-§2, as enacted by PL 1995, c. 470, §9 and affected by §19, is amended to read:
 
2. Juvenile.   "Juvenile" means any individuala person who is younger than 1819 years of age.
Sec. 2. 22 MRSA §1553-A, sub-§1, ¶¶B and C, as enacted by PL 1995, c. 470, §9 and affected by §19, are amended to read:
 
B. A sign must be affixed conspicuously to the front of the machine. The sign must:
 
(1) Contain lettering that is at least 3/8 inches in height; and
 
(2) State the following: "WARNING. It is unlawful for any person under the age of 1819 to purchase cigarettes in this State."
 
C. At all times during the hours the vending machine is accessible, it must be located within the unobstructed line of sight and under the direct supervision of an adult. That adult is responsible for preventing persons under 1819 years of age from purchasing cigarettes or any other tobacco product from that vending machine.
Sec. 3. 22 MRSA §1555-B, sub-§1, as amended by PL 2009, c. 398, §2 and affected by §6, is further amended to read:
 
1. Retail sales.   Tobacco products may be sold at retail only in a direct, face-to-face exchange in which the purchaser may be clearly identified. For direct, face-to-face sales, employees who sell tobacco products must be at least 1718 years of age. An employee who is at least 1718 years of age but less than 21 years of age may sell tobacco products only in the presence of an employee who is at least 21 years of age and is in a supervisory capacity.
Sec. 4. 22 MRSA §1555-B, sub-§2, as enacted by PL 1997, c. 305, §5, is amended to read:
 
2. Sales to juveniles prohibited.   A person may not sell, furnish, give away or offer to sell, furnish or give away a tobacco product to any person under 1819 years of age. Tobacco products may not be sold at retail to any person under 27 years of age unless the seller first verifies that person's age by means of reliable photographic identification containing the person's date of birth.
Sec. 5. 22 MRSA §1555-B, sub-§4, as enacted by PL 1997, c. 305, §5 and amended by c. 526, §14, is further amended to read:
 
4. Wholesale sales.   Tobacco products may be distributed at wholesale without a face-to-face exchange only in the normal course of trade and under procedures approved by the Bureau of Revenue Services to ensure that tobacco products are not provided to any person under 1819 years of age.
Sec. 6. 22 MRSA §1555-B, sub-§5-A, as enacted by PL 2003, c. 452, Pt. K, §8 and affected by Pt. X, §2, is repealed and the following enacted in its place:
 
5-A.  Possession and use of cigarettes, cigarette papers or tobacco products by juveniles prohibited.     Except as provided in subsection 5-B, a person under 19 years of age may not purchase, possess or use cigarettes, cigarette papers or any tobacco product.
Sec. 7. 22 MRSA §1555-B, sub-§5-B, as enacted by PL 2003, c. 452, Pt. K, §8 and affected by Pt. X, §2, is amended to read:
 
5-B. Exception to possession by juvenile.   A person under 1819 years of age may transport or permit to be transported in a motor vehicle cigarettes, cigarette papers or tobacco products in the original sealed package in which they were placed by the manufacturer if the transportation is in the scope of that person's employment.
Sec. 8. 22 MRSA §1555-B, sub-§5-C, as enacted by PL 2003, c. 452, Pt. K, §8 and affected by Pt. X, §2, is repealed and the following enacted in its place:
 
5-C.  Use of false identification by juveniles prohibited.     A person under 19 years of age may not offer false identification in an attempt to purchase a tobacco product or to purchase, possess or use cigarettes, cigarette papers or any other tobacco product.
Sec. 9. 22 MRSA §1555-B, sub-§§6 and 10, as enacted by PL 1997, c. 305, §5, are amended to read:
 
6. Display of prohibition of sales to juveniles.   A dealer or distributor of tobacco products shall post notice of this section prohibiting tobacco and cigarette paper sales to persons under 18 19 years of age. Notices must be publicly and conspicuously displayed in the dealer's or distributor's place of business in letters at least 3/8 inches in height. Signs required by this section may be provided at cost by the department.
 
10. Affirmative defense.   It is an affirmative defense to prosecution for a violation of subsection 1, 2 or 4 that the defendant sold, furnished, gave away or offered to sell, furnish or give away a tobacco product to a person under 1819 years of age in reasonable reliance upon a fraudulent proof of age presented by the purchaser.’
 
SUMMARY
This amendment, which is the minority report of the committee, replaces the bill and raises the legal age to purchase or use tobacco products from 18 years of age to 19 years of age and allows a person 18 to 20 years of age to sell tobacco products at retail if supervised by an employee who is at least 21 years of age.