Report Title:

Minors; Tobacco; Driver's License

 

Description:

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

 

HOUSE OF REPRESENTATIVES

H.B. NO.

131

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO minors.

 

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 any tobacco product, as described under subsection (1). This provision does not apply if a person under the age of eighteen, with parental authorization, 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.

(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. 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.

(5) Except as provided in subsection (3), no minor shall possess any amount of tobacco. If any minor is found by a court of competent jurisdiction to have violated this subsection, the court immediately shall revoke the minor's driving privileges as follows:

(a) If the minor has reached sixteen years of age but is under eighteen years of age, for two years; or

(b) If the minor is under sixteen years of age, for a period until the minor reaches age eighteen.

The court shall impose this penalty in addition to any other authorized by law and regardless of whether the minor was operating a motor vehicle at the time of the offense. The court shall notify the examiner of drivers, within twenty-four hours after the entry of judgment, that the minor's driving privileges are revoked, and the notice shall indicate the revocation period imposed. No minor shall be allowed to obtain a license or special license during the period in which the minor's driving privilege is revoked. If the minor already has a license or a special license, the court shall require the minor to surrender the license or special license to the court for the period of revocation. After the expiration of the revocation period, the examiner of drivers may restore the minor's driving privilege upon application by the minor."

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. New statutory material is underscored.

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

INTRODUCED BY:

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