Bill Text: HI HB98 | 2011 | Regular Session | Amended
Bill Title: Tobacco; Minors
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-01 - (H) The committee(s) recommends that the measure be deferred. [HB98 Detail]
Download: Hawaii-2011-HB98-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
98 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 1 |
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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.
(5) 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] minor
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.
(6) As used in 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 on July 1, 2112.
Report Title:
Tobacco; Minors
Description:
Makes it unlawful for minors, defined as persons under age eighteen, to possess or use tobacco products. Exempts minors when lawfully delivering tobacco products under the direction of an employer or participating in a law enforcement activity. Amends consequences for a minor for subsequent offenses. Effective July 1, 2112. (HB98 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
