THE SENATE

S.B. NO.

550

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to health.

 

 

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

 


SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    . TOBACCO PRODUCTS; MINORS

321-A Definitions. As used in this part:

"Electronic smoking device" means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling the device, electronic cigar, electronic cigarillo, or electronic pipe, and any cartridge or other component of the device or related product.

"Minor" means any person under the age of eighteen years.

"Possession" means knowingly having direct physical control at a given time or knowingly having the power and the intention, at a given time, to exercise dominion or control, including the actual use of the tobacco product.

"Tobacco product" means tobacco in any form, including an electronic smoking device, cigarettes, cigars, snuff, and chewing tobacco, that is prepared or intended for consumption by, or the personal use of, humans.

321-B Tobacco products; minors; possession or consumption prohibited. Possession or consumption of a tobacco product by a minor in a public place shall be prohibited.

321-C Exemptions. This part shall not apply to:

(1) 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

(2) Possession of tobacco products by a minor in the course of delivery, pursuant to the direction of the minor's employer lawfully engaged in business necessitating the delivery.

321-D Enforcement; rules. (a) An agent or employee of the department of health or a law enforcement officer who witnesses a minor in the act of violating section 321-B shall issue a citation to the minor; provided that the family court shall be informed as provided in section 571-21(a) for appropriate proceedings under chapter 571.

(b) The department shall adopt rules under chapter 91 to effectuate this part, including the establishment of the amount of any administrative fine, community service requirements, and attendance at youth smoking education programs; provided that the parents or legal guardians of a minor child shall be jointly and severally liable for any administrative fine imposed under this part."

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. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

 

 


 


 

Report Title:

Tobacco Products; Prohibition of Possession or Consumption; Minors

 

Description:

Prohibits possession or consumption of tobacco products, including electronic smoking devices, by any person under eighteen years of age in public places.

 

 

 

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