REPORT TITLE:
Tobacco use


DESCRIPTION:
Prohibits the possession and use of tobacco products by minors
under eighteen years of age.  Makes the penalty for such
possession and use $500 for the first offense and not less than
$500 nor more than $2,000 for subsequent offenses.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1922
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO TOBACCO.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 709-908, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§709-908  Tobacco; minors.(1)  It shall be unlawful to
 
 4 sell or furnish tobacco in any shape or form, including chewing
 
 5 tobacco and snuff, to a minor under eighteen years of age.
 
 6      (2)  Signs using the statement, "The sale of tobacco
 
 7 products to persons under eighteen is prohibited", shall be
 
 8 posted on or near any vending machine in letters at least one-
 
 9 half inch high and at or near the point of sale of any other
 
10 location where tobacco products are sold in letters at least one-
 
11 half inch high.
 
12      (3)  It shall be unlawful for a minor under eighteen years
 
13 of age to purchase any tobacco product, as described under
 
14 subsection (1).  This provision does not apply if a person under
 
15 the age of eighteen, with parental authorization, is
 
16 participating in a controlled purchase as part of a law
 
17 enforcement activity or a study authorized by the department of
 
18 health under the supervision of law enforcement to determine the
 
19 level of incidence of tobacco sales to minors.
 

 
Page 2                                                     1922
                                     H.B. NO.           
                                                        
                                                        

 
 1      (4)  It shall be unlawful for a minor under eighteen years
 
 2 of age to possess or use any tobacco product, as described under
 
 3 subsection (1). 
 
 4      [(4)] (5)  Any person who violates subsection (1) [or], (2),
 
 5 or [both,] (4) shall be fined $500 for the first offense.  Any
 
 6 subsequent offenses shall subject the person to a fine not less
 
 7 than $500 nor more than $2,000.  Any minor under eighteen years
 
 8 of age who violates subsection (3) shall be fined $10 for the
 
 9 first offense.  Any subsequent offense shall subject the violator
 
10 to a fine of $50, no part of which shall be suspended, or the
 
11 person shall be required to perform not less than forty-eight
 
12 hours nor more than seventy-two hours of community service during
 
13 hours when the person is not employed and is not attending
 
14 school."
 
15      SECTION 2.  Statutory material to be repealed is bracketed.
 
16 New statutory material is underscored.
 
17      SECTION 3.  This Act shall take effect upon its approval.
 
18 
 
19                           INTRODUCED BY:  _______________________