Senator Sutton proposes the following amendment (SJ-751.MB0003S):
Amend the bill, as and if amended, SECTION 1, by striking Section 44-53-2510(4) and inserting:
(4) "Nitrous oxide" means nitrogen dinitrogen monoxide (N2O) and any compound, liquid, gas, or chemical that contains nitrous oxide whether compressed, liquified, or contained in a cartridge, cylinder, tank, canister, or other vessel.Amend the bill further, SECTION 1, by striking Section 44-53-2520(A), (B), and (C) and inserting:
(A) Except as provided in subsection (E), it is unlawful for an individual or a retailer to sell, furnish, give, distribute, or provide nitrous oxide or nitrous oxide products in this State.(B) Except as provided in subsection (E), it is unlawful for a person to possess nitrous oxide or a nitrous oxide product with the intent to sell or distribute in this State.
(C) A person may not possess, sell, market, or represent nitrous oxide for recreational inhalation.
Amend the bill further, SECTION 1, by striking Section 44-53-2520(G)(2) and inserting:
(2) A retailer must only An automotive business operating with a business license and with an authorized dealer or distributor agreement may only sell containers of nitrous oxide that contain 580 grams or more when mixed with not less than one hundred parts per million of sulfur dioxide as a fuel additive for combustion engines to exempt entities individuals as described in subsection (E). Retailers may only sell to exempt entities and either delivery must be to a business address or invoiced to an exempted entity either by delivery to a business address or by invoice to an exempted entity.(3) A tobacco retail establishment with the primary purpose of selling tobacco products, as defined in Section 16-17-501, is prohibited from selling nitrous oxide or nitrous oxide products.
Amend the bill further, SECTION 1, Section 44-53-2540, by adding a subsection to read:
(B) In addition to criminal penalties, a business entity convicted of a violation of this article is subject to administrative action by the state or local authority that issued the business license, permit, or registration, including suspension or revocation, consistent with law.Renumber sections to conform.
Amend title to conform.