REPORT TITLE:
Minors; Possessing Tobacco


DESCRIPTION:
Makes it unlawful for a minor to possess tobacco products.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1345       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO POSSESSION OF TOBACCO BY MINORS.



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

 1      SECTION 1.  Section 709-908, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "709-908  Tobacco; minors.(1)  It shall be unlawful to
 
 4 sell or furnish tobacco in any shape or form, including chewing
 
 5 tobacco and snuff, to a minor under eighteen years of age.
 
 6      (2)  Signs using the statement, "The sale of tobacco
 
 7 products to persons under eighteen is prohibited", shall be
 
 8 posted on or near any vending machine in letters at least one-
 
 9 half inch high and at or near the point of sale of any other
 
10 location where tobacco products are sold in letters at least one-
 
11 half inch high.
 
12      (3)  It shall be unlawful for a minor under eighteen years
 
13 of age to purchase any tobacco product, as described under
 
14 subsection (1).  This provision does not apply if a person under
 
15 the age of eighteen, with parental authorization, is
 
16 participating in a controlled purchase as part of a law
 
17 enforcement activity or a study authorized by the department of
 
18 health under the supervision of law enforcement to determine the
 
19 level of incidence of tobacco sales to minors.
 

 
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 1      (4)  It shall be unlawful for a minor to possess any tobacco
 
 2 product.  This provision does not apply if a person under the age
 
 3 of eighteen, with parental authorization, is participating in a
 
 4 controlled purchase as part of a law enforcement activity or a
 
 5 study authorized by the department of health under the
 
 6 supervision of law enforcement to determine the level of
 
 7 incidence of tobacco sales to minors.
 
 8      [(4)] (5)  Any person who violates subsection (1) or (2), or
 
 9 both, shall be fined $500 for the first offense.  Any subsequent
 
10 offenses shall subject the person to a fine not less than $500
 
11 nor more than $2,000.  Any minor [under eighteen years of age]
 
12 who violates subsection (3) or (4) shall be fined $10 for the
 
13 first offense.  Any subsequent offense shall subject the violator
 
14 to a fine of $50, no part of which shall be suspended, or the
 
15 person shall be required to perform not less than forty-eight
 
16 hours nor more than seventy-two hours of community service during
 
17 hours when the person is not employed and is not attending
 
18 school."
 
19      SECTION 2.  This Act does not affect rights and duties that
 
20 matured, penalties that were incurred, and proceedings that were
 
21 begun, before its effective date.
 
22      SECTION 3.  Statutory material to be repealed is bracketed.
 
23 New statutory material is underscored.
 

 
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 1      SECTION 4.  This Act shall take effect upon its approval.
 
 2 
 
 3                              INTRODUCED BY:______________________