Report Title:
Tobacco; Minors; Possession and Use Illegal
Description:
Prohibits minors (persons under age 18), from possessing or using tobacco products. Exempts minors when lawfully delivering tobacco products or participating in a law enforcement activity. Requires minor to take smoking cessation program on 1st offense and repeat the program on subsequent offenses.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1174 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to minors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 709-908, Hawaii Revised Statutes, is amended to read as follows:
"§709-908 Tobacco; minors. (1) It shall be unlawful to sell or furnish tobacco in any shape or form, including chewing tobacco and snuff, to a minor [under eighteen years of age].
(2) Signs using the statement, "The sale of tobacco products to persons under eighteen is prohibited", shall be posted on or near any vending machine in letters at least one-half inch high and at or near the point of sale of any other location where tobacco products are sold in letters at least one-half inch high.
(3) It shall be unlawful for a minor [under eighteen years of age] to purchase, possess, or use any tobacco product, as described under subsection (1). This provision [does] shall not apply [if a person under the age of eighteen,] to:
(a) Any minor, with parental authorization, who is participating in a controlled purchase as part of a law enforcement activity or a study authorized by the department of health under the supervision of law enforcement to determine the level of incidence of tobacco sales to minors[.]; or
(b) Possession or custody of tobacco by a minor in the course of delivery, pursuant to the direction of the minor's employer lawfully engaged in business necessitating the delivery.
(4) Any person who violates subsection (1) or (2), or both, shall be fined $500 for the first offense. Any subsequent [offenses] offense shall subject the person to a fine not less than $500 nor more than $2,000.
Any minor [under eighteen years of age] who violates subsection (3) shall be [fined $10 for the first offense.] mandated to participate in a smoking cessation program pursuant to section 328L-5(c). Any subsequent offense shall subject the [violator to a fine of $50, no part of which shall be suspended, or the person] minor to repeat participation in the smoking cessation program. Furthermore, the minor shall be required to perform not less than forty-eight hours nor more than seventy-two hours of community service during hours when the [person] minor is not employed and is not attending school.
(5) For purposes of this section, "minor" means any person under eighteen years of age."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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