Report Title:
Tobacco; Minors
Description:
Clarifies that it is unlawful for minors, defined as persons under age 18, to possess or use tobacco products. Exempts minors when lawfully delivering tobacco products or participating in a law enforcement activity. Makes community service optional and not mandatory for subsequent offenses.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
608 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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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:
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] section
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 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]
and the [person shall] minor may 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. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon approval.
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INTRODUCED BY: |
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