THE SENATE

S.B. NO.

148

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to Tobacco Products.

 

 

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

 

     SECTION 1.  The purpose of this Act is to:

     (1)  Prohibit the sale or furnishing of a tobacco product or electronic smoking device to a person born on or after January 1, 2003;

     (2)  Prohibit the possession or consumption of a tobacco product in a public place by a person born on or after January 1, 2003; and

     (3)  Prohibit the purchase or possession of any tobacco product or electronic smoking device by a person born on or after January 1, 2003.

     SECTION 2.  Section 245-16, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  This section shall not apply to the shipment of cigarettes if any of the following conditions are met:

     (1)  The cigarettes are exempt from taxes as provided by section 245-3(b) or are otherwise exempt from the applicability of this chapter as provided by section 245-62;

     (2)  All applicable Hawaii taxes on the cigarettes are paid in accordance with the requirements of this chapter; or

     (3)  The person or entity engaged in the business of selling, advertising, or offering cigarettes for sale and transfer or shipment:

          (A)  Has fully complied with all of the requirements of chapter 10A (commencing with section 375) of title 15 of the United States Code, otherwise known as the Jenkins Act; and

          (B)  Includes on the outside of the shipping container an externally visible and easily legible notice located on the same side of the shipping container as the address to which the shipping container is delivered stating as follows:

              "CIGARETTES:  HAWAII LAW PROHIBITS THE SALE OF CIGARETTES TO INDIVIDUALS [UNDER TWENTY-ONE YEARS OF AGE] BORN ON OR AFTER JANUARY 1, 2003, AND REQUIRES THE PAYMENT OF ALL APPLICABLE TAXES.  YOU ARE LEGALLY RESPONSIBLE FOR ALL APPLICABLE UNPAID TAXES ON THESE CIGARETTES.""

     SECTION 3.  Section 245-17, Hawaii Revised Statutes, is amended by amending subsections (a) through (d) to read as follows:

     "(a)  No person shall conduct a delivery sale or otherwise ship or transport, or cause to be shipped or transported, any electronic smoking device in connection with a delivery sale to any person [under the age of twenty-one.] born on or after January 1, 2003.

     (b)  A person who makes delivery sales shall not accept a purchase or order from any person without first obtaining the full name, birth date, and address of that person and verifying the purchaser's [age] date of birth by:

     (1)  An independently operated third-party database or aggregate of databases that are regularly used by government and businesses for the purpose of age, date of birth, and identity verification and authentication;

     (2)  Receiving a copy of a government issued identification card from the purchaser; or

     (3)  Requiring [age] date of birth and signature verification in the shipment process and upon and before actual delivery.

     (c)  The purchaser shall certify their [age] date of birth before completing the purchaser's order.

     (d)  Any person who violates this section shall be fined $500 for the first offense.  Any subsequent offenses shall subject the person to a fine of [no] not less than $500 but [no] not more than $2,000.  Any person [under twenty-one years of age] born on or after January 1, 2003, who violates this section shall be fined $10 for the first offense; provided that any subsequent offense shall subject the person to a fine of $50, no part of which shall be suspended, or the person shall be required to perform [no] not less than forty-eight hours but [no] not more than seventy-two hours of community service during hours when the person is not employed or attending school."

     SECTION 4.  Section 321-212, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§321-212[]]  Tobacco products; possession or consumption prohibited.  Possession or consumption of a tobacco product by a person [under twenty-one years of age] born on or after January 1, 2003, in a public place shall be prohibited."

     SECTION 5.  Section 321-213, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§321-213[]]  Exemptions.  This part shall not apply to:

     (1)  Any person [under twenty-one years of age, with parental authorization,] born on or after January 1, 2003, 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 persons [under twenty-one years of age;] born on or after January 1, 2003; provided that if the person is under eighteen years of age, the person shall have parental authorization to participate in the law enforcement activity or study; or

     (2)  Possession of tobacco products by a person [under twenty-one years of age] born on or after January 1, 2003, in the course of delivery, pursuant to the direction of the person's employer lawfully engaged in business necessitating the delivery."

     SECTION 6.  Section 712-1258, Hawaii Revised Statutes, is amended to read as follows:

     "§712-1258  Tobacco products and electronic smoking devices; persons [under twenty-one years of age.] born on or after January 1, 2003.  (1)  It shall be unlawful to sell or furnish a tobacco product in any shape or form or an electronic smoking device to a person [under twenty-one years of age.] born on or after January 1, 2003.

     (2)  All persons engaged in the retail sale of tobacco products or electronic smoking devices shall check the identification of tobacco product or electronic smoking device purchasers to establish the [age] date of birth of the purchaser if the purchaser reasonably appears to be [under twenty-one years of age.] born on or after January 1, 2003.

     (3)  It shall be an affirmative defense that the seller of a tobacco product or an electronic smoking device to a person [under twenty-one years of age] born on or after January 1, 2003 in violation of this section had requested, examined, and reasonably relied upon a photographic identification from the person establishing that person's [age as at least twenty-one years of age prior to] date of birth as before January 1, 2003, before selling the person a tobacco product or an electronic smoking device.  The failure of a seller to request and examine photographic identification from a person [under twenty-one years of age prior to] born on or after January 1, 2003, before the sale of a tobacco product or an electronic smoking device to the person shall be construed against the seller and form a conclusive basis for the seller's violation of this section.

     (4)  Signs using the statement, "The sale of tobacco products or electronic smoking devices to persons [under twenty-one] born on or after January 1, 2003, 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 or electronic smoking devices are sold in letters at least one-half inch high.

     (5)  It shall be unlawful for a person [under twenty-one years of age] born on or after January 1, 2003, to purchase or possess any tobacco product or electronic smoking device, as those terms are defined in subsection (7).  This provision does not apply if a person [under the age of twenty-one, with parental authorization,] born on or after January 1, 2003, 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 or electronic smoking devices sales to persons [under twenty-one years of age.] born on or after January 1, 2003; provided that if the person is under eighteen years of age, the person shall have parental authorization to participate in the law enforcement activity or study.

     (6)  Any person who violates subsection (1) or (4), 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 person [under twenty-one years of age] born on or after January 1, 2003, who violates subsection (5) 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.  Any tobacco product or electronic smoking device, as those terms are defined in subsection (7), in the person's possession at the time of violation of subsection (5) shall be seized, summarily forfeited to the State, and destroyed by law enforcement following the conclusion of an administrative or judicial proceeding finding that a violation of subsection (5) has been committed.  The procedures set forth in chapter 712A shall not apply to this subsection.

     (7)  For the purposes of this section:

     "Electronic smoking device" means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe, and any cartridge or other component of the device or related product.

     "Tobacco product" means any product made or derived from tobacco that contains nicotine or other substances and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by other means.  "Tobacco product" includes but is not limited to a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device.  "Tobacco product" does not include drugs, devices, or combination products approved for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act."

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on January 1, 2024.

 

INTRODUCED BY:

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Report Title:

Tobacco Products; Electronic Smoking Device; Prohibition; Date of Birth

 

Description:

Prohibits the sale or furnishing of a tobacco product or electronic smoking device to a person born on or after January 1, 2003.  Prohibits the possession or consumption of a tobacco product in a public place by a person born on or after January 1, 2003, with certain exemptions.  Prohibits the purchase or possession of any tobacco product or electronic smoking device by a person born on or after January 1, 2003, with certain exemptions.  Effective 1/1/2024.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.