SP0391, LD 1170, item 3, Document Text

Amend the bill in section 4 in subsection 2 in the first line (page 1, line 22 in L.D.) by striking out the following: "under" and inserting the following: 'who have not attained'

Amend the bill in section 4 in subsection 2 in the 2nd and 3rd lines (page 1, line 23 and 24 in L.D.) by striking out the following: " under 21 years of age" and inserting the following: ' who have not attained 21 years of age, unless the person was 18 years old as of October 15, 2017'

Amend the bill in section 5 in subsection 1 in paragraph B in subparagraph (2) in the last line (page 1, line 37 in L.D.) by striking out the following: "under the age of 18 to purchase cigarettes 21 in this State" and inserting the following: ' under the age of 18 to purchase cigarettes who has not attained 21 years of age in this State , unless the person was 18 years old as of October 15, 2017'

Amend the bill in section 5 in subsection 1 in the last 2 lines (page 2, lines 5 and 6 in L.D.) by striking out the following: " over 21 years of age" and inserting the following: ' who are 21 years of age or older'

Amend the bill in section 6 in §1555-B by striking out all of subsections 1 and 2 (page 2, lines 10 to 21 in L.D.) and inserting the following:

‘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 17 years of age. An employee who is at least 17 years of age but less than or older and under 21 years of age may sell tobacco products only in the presence of an employee who is at least 21 years of age or older and is in a supervisory capacity.

2. Sales to persons who have not attained 21 years of age prohibited. A person may not sell, furnish, give away or offer to sell, furnish or give away a tobacco product to any person under 18 who has not attained 21 years of age , unless the person was 18 years old as of October 18, 2017. Tobacco products may not be sold at retail to any person under 27 who has not attained 30 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. That a person appeared to be 30 years of age or older does not constitute a defense to a violation of this section.’

Amend the bill in section 6 in §1555-B in subsection 4 in the last line (page 2, line 27 in L.D.) by striking out the following: "under 18 21" and inserting the following: ' under 18 who has not attained 21'

Amend the bill in section 6 in §1555-B by striking out all of subsection 5-A (page 2, lines 28 to 34 in L.D.) and inserting in the following:

‘5-A. Purchase of tobacco products by persons who have attained 21 years of age prohibited. Except as provided in subsection 5-B, a person under 18 who has not attained 21 years of age may not:

A. Purchase , possess or use cigarettes, cigarette papers or any attempt to purchase a tobacco product ; .

B. Violate paragraph A after having previously violated this subsection; or

C. Violate paragraph A after having previously violated this subsection 2 or more times.

This subsection does not apply to a person who was 18 years old as of October 15, 2017.’

Amend the bill in section 6 in §1555-B in subsection 5-A in the first line (page 2, line 28 in L.D.) by striking out the following: "under" and inserting the following: 'who have not attained'

Amend the bill in section 6 in §1555-B in subsection 5-A in the 2nd line (page 2, line 29 in L.D.) by striking out the following: "under 18" and inserting the following: ' under 18 who has not attained'

Amend the bill in section 6 in §1555-B in subsection 5-B in the first and 2nd lines (page 2, lines 35 and 36 in L.D.) by striking out the following: "under 21 years of age. A person under 18 21" and inserting the following: 'who have not attained 21 years of age. A person under 18 who has not attained 21'

Amend the bill in section 6 in §1555-B in subsection 5-C in the first line (page 3, line 1 in L.D.) by striking out the following: "under" and inserting the following: 'who have not attained'

Amend the bill in section 6 in §1555-B in subsection 5-C in the 2nd line (page 3, line 2 in L.D.) by striking out the following: "under 18 21" and inserting the following: ' under 18 who has not attained 21'

Amend the bill in section 6 in §1555-B in subsection 6 in the first line (page 3, line 8 in L.D.) by striking out the following: "under" and inserting the following: 'who have not attained'

Amend the bill in section 6 in §1555-B in subsection 6 in the 3rd line (page 3, line 10 in L.D.) by striking out the following: "under 18 21 years of age" and inserting the following: ' under 18 who have not attained 21 years of age , unless the person was 18 years old as of October 15, 2017'

Amend the bill in section 6 in §1555-B in subsection 10 in the 3rd line (page 4, line 32 in L.D.) by striking out the following: "to a person under 18 21 years of age" and inserting the following: ' to a person under 18 years of age in violation of subsection 5-A'

summary

This amendment allows persons who were 18 years old as of October 15, 2017 to purchase tobacco products and changes references to ages to conform to drafting standards.

SP0391 LD 1170	Session - 128th Maine Legislature C "B", Filing Number S-147, Sponsored by		LR 1204 Item 3
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