HOUSE OF REPRESENTATIVES

H.B. NO.

2133

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to health.

 

 

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] persons under twenty-one years of age.

(1)(a)  From July 1, 2015 to June 30, 2018, it shall be unlawful to sell or furnish tobacco in any shape or form, including chewing tobacco and snuff, to a person born after June 30, 1997; and

    (b)   After June 30, 2018, it shall be unlawful to sell or furnish tobacco in any shape or form, including chewing tobacco and snuff, to a [minor] person under [eighteen] twenty-one years of age.

(2)(a)  From July 1, 2015, to June 30, 2018, signs using the statement, "The sale of tobacco products to persons born after June 30, 1997, is prohibited"; and

    (b)   After June 30, 2018, signs using the statement, "The sale of tobacco products to persons under [eighteen] twenty-one 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] person under [eighteen] twenty-one years of age to purchase any tobacco product, as described under subsection (1).  This provision does not apply if a person [under]:

     (a)  Under the age of [eighteen,] twenty-one, 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[.]; or

     (b)  Was eighteen years of age or older on or before June 30, 2015.

     (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] person 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."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2015.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Tobacco; Cigarettes; Minors

 

Description:

Increases age to purchase tobacco products to twenty-one years of age.  Creates exceptions for those currently eighteen to twenty years of age.

 

 

 

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