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THE SENATE |
S.B. NO. |
1168 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO TOBACCO PRODUCTS.
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 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) It shall be unlawful for a minor under eighteen years of age to use tobacco in any shape or form, including chewing tobacco and snuff. The penalty for violation of this subsection shall be confiscation by a law enforcement officer of any tobacco products found in the possession of the minor.
[(4)] (5) 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.
(6) 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.
(7) For the purposes of this section:
"Tobacco" and "tobacco products" shall include electronic cigarettes.
"Electronic cigarette" means any device using a mechanical heating element, battery, or electronic circuit, and any cartridge or component of the device, that is intended to deliver a vapor of nicotine or any other substance, the use or inhalation of which simulates smoking, regardless of whether the device is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, or e-pipe or under any other product name."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on January 1, 2050.
Report Title:
Tobacco Products; Minors; Use; Prohibition; Confiscation
Description:
Prohibits use of tobacco products by minors. Authorizes law enforcement officer to confiscate tobacco products used by minors. Effective January 1, 2050. (SB1168 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.