Report Title:

Relating to Underage Smoking

Description:

Makes it unlawful for minors to use, consume, possess or accept tobacco products.

THE SENATE

S.B. NO.

3119

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAI‘I

 


 

A BILL FOR AN ACT

 

RELATING TO UNDERAGE SMOKING.

 

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

SECTION 1. It is widely known that tobacco use is the leading cause of preventable death in the United States. Nearly 90 percent of all tobacco users become addicted before they turn eighteen. Research shows that underage smokers are three times more likely than nonsmokers to use alcohol, fourteen times more likely to use marijuana, and 22 times more likely to use cocaine. This pattern does not imply that tobacco use causes other drug use, but rather that other drug use rarely occurs before the use of tobacco. Still, there are a number of biological, behavioral, and social mechanisms by which the use of one drug may facilitate the use of other drugs, and adolescent tobacco users are substantially more likely to use alcohol and illegal drugs than are nonusers. Underage cigarette smokers are also more likely to get into fights, carry weapons, attempt suicide, and engage in high-risk sexual behaviors. These problem behaviors can be considered a syndrome, since involvement in one behavior increases the risk for involvement in others. Delaying or preventing the use of tobacco may have implications for delaying or preventing these other behaviors as well. This bill aims to protect the health of Hawai‘i's youth from the effects of tobacco use by forcing them to think twice about the consequences of consuming tobacco. The purpose of this bill is to make it unlawful for minors to use, consume, possess or accept tobacco products.

SECTION 2. Section 709-908, Hawai‘i Revised Statutes, is amended 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, use, consume, possess or accept any tobacco product, as described under subsection (1), in any public place, public gathering, or in any motor vehicle on a public highway, or at any public beach or public park. Not withstanding any law to the contrary, this [This] provision does not apply [if] to:

(a) a person under the age of eighteen, 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[.];

(b) a person under the age of eighteen, with parental authorization, who is participating in an inspection or test of compliance with this subsection;

(c) a person under the age of eighteen, who possesses or who is in custody or receipt of tobacco products in the course and performance of employment, pursuant to the direction of the minor's employer.

(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. Any minor under eighteen years of age who violates subsection (3) shall be fined $10 for the first offense issued a citation and subjected to the jurisdiction of the family court. 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."

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, 2004.

INTRODUCED BY:

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