Requires common carriers by motor vehicle to verify the age of the person who takes delivery of the tobacco product.

A BILL FOR AN ACT

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 any tobacco product, as described under subsection (1). This provision does not apply if a person under the age of eighteen, with parental authorization, 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.

(4) A common carrier by motor vehicle shall verify the age of the person who accepts the delivery of a tobacco product. If the person accepting the delivery is a minor, the delivery shall not be made. As used in this subsection, "common carrier by motor vehicle" means any person or business which holds itself out to the general public to engage in the transportation by motor vehicle of passengers or property for compensation.

[(4)] (5) Any person who violates subsection (1) or (2), or both, or subsection (4) shall be fined $500 for the first offense. Any subsequent offenses 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. Any subsequent offense shall subject the violator to a fine of $50, no part of which shall be suspended, or the person 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 is not employed and is not attending school."

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 Statutory material to be repealed is bracketed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.