REPORT TITLE:
Sample Tobacco


DESCRIPTION:
Prohibits the distribution of sample tobacco products on or in
any public street, sidewalk, or park, or within 1,000 feet of
any school attended by minors during school hours.  Also
prohibits the distribution of tobacco promotional materials
within 1,000 feet of any school attended by minors during school
hours.  (SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        166
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE DISTRIBUTION OF SAMPLE TOBACCO PRODUCTS AND
   TOBACCO PROMOTIONAL MATERIALS.



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


 1      SECTION 1.  The purpose of this Act is to prohibit the
 
 2 distribution of:
 
 3      (1)  Sample tobacco products and tobacco promotional
 
 4           materials within a buffer zone around schools attended
 
 5           by minors during regular school hours; and
 
 6      (2)  Sample tobacco products in or on any public street,
 
 7           sidewalk, or park during regular school hours.
 
 8      SECTION 2.  Chapter 328K, Hawaii Revised Statutes, is
 
 9 amended by adding one new section to be appropriately designated
 
10 and to read as follows:
 
11      "§328K-    Distribution of sample tobacco products and
 
12 tobacco promotional materials.  (a)  It is unlawful for any
 
13 person to distribute samples of cigarette or tobacco products in
 
14 or on any public street, sidewalk, or park, or within one
 
15 thousand feet of any elementary, intermediate, or high school
 
16 during regular school hours.
 
17      (b)  It is unlawful for any person to distribute cigarette
 
18 or tobacco promotional materials within one thousand feet of any
 
19 elementary, intermediate, or high school during regular school
 

 
Page 2                                                     166
                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 1 hours; provided that distribution shall not be prohibited in any
 
 2 permanent commercial building.
 
 3      (c)  As used in this section, "to distribute" means to pass
 
 4 out to members of the general public free of charge for the
 
 5 exclusive purpose of promoting a product.
 
 6      (d)  Any person convicted of violating any provision of this
 
 7 section shall be punished by a fine not exceeding $1,000."
 
 8      SECTION 3.  New statutory material is underscored.
 
 9      SECTION 4.  This Act shall take effect upon its approval.