REPORT TITLE:
Minors; Tobacco; Driv. Lic.


DESCRIPTION:
Prohibits possession of any amount of tobacco by a minor.
Requires the court to revoke the minor's driving privileges for
violation.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            296         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO 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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                                     H.B. NO.           
                                                        
                                                        

 
 1      (4)  Any person who violates subsection (1) or (2), or both,
 
 2 shall be fined not more than $500 for the first offense.  Any
 
 3 subsequent offenses shall subject the person to a fine not less
 
 4 than $500 nor more than $2,000.  Any minor under eighteen years
 
 5 of age who violates subsection (3) shall be fined $10 for the
 
 6 first offense.  Any subsequent offense shall subject the violator
 
 7 to a fine of $50, no part of which shall be suspended, or the
 
 8 person shall be required to perform not less than forty-eight
 
 9 hours nor more than seventy-two hours of community service during
 
10 hours when the person is not employed and is not attending
 
11 school.
 
12      (5)  Except as provided in subsection (3), no minor shall
 
13 possess any amount of tobacco.  If any minor is found by a court
 
14 of competent jurisdiction to have violated this subsection, the
 
15 court immediately shall revoke the minor's driving privileges as
 
16 follows:
 
17      (A)  If the minor is under eighteen years of age, but
 
18           fifteen or over, for two years; or
 
19      (B)  If the minor is under fifteen years of age, for a
 
20           period until the minor reaches age seventeen.
 
21 The court shall impose this penalty in addition to any other
 
22 authorized by law and regardless of whether the minor was
 
23 operating a motor vehicle at the time of the offense.  The court
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 shall notify the examiner of drivers, within twenty-four hours
 
 2 after the entry of judgment, that the minor's driving privileges
 
 3 are revoked, and the notice shall indicate the revocation period
 
 4 imposed.  No minor shall be allowed to obtain a license or
 
 5 special license during the period in which the minor's driving
 
 6 privilege is revoked.  If the minor already has a license or a
 
 7 special license, the court shall require the minor to surrender
 
 8 the license or special license to the court for the period of
 
 9 revocation.  After the expiration of the revocation period, the
 
10 examiner of drivers may restore the minor's driving privilege
 
11 upon application by the minor."
 
12      SECTION 2.  This Act does not affect rights and duties that
 
13 matured, penalties that were incurred, and proceedings that were
 
14 begun, before its effective date.
 
15      SECTION 3.  New statutory material is underscored.
 
16      SECTION 4.  This Act shall take effect upon its approval.
 
17 
 
18                           INTRODUCED BY:_________________________