Report Title:

Tobacco Sales to Minors; Fines

 

Description:

Substitutes "entity" for "person" relating to a negligent violation of selling a tobacco product to a minor. Defines "entity." Clarifies fine of $500 for first offense is a mandatory minimum. Increases fine on minors from $10 to $50 for first offense and from $50 to $100 for subsequent offenses.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1890

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO tobacco sales 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) For purposes of this section, "entity" means one or more individuals, a company, a corporation, a partnership, an association, or any other type of legal entity.

[(4)] (5) Any [person] entity who negligently violates subsection (1) or (2), or both, shall be fined a mandatory minimum of $500 for the first offense. Any subsequent offenses shall subject the [person] entity 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] $50 for the first offense. Any subsequent offense shall subject the violator to a fine of [$50,] $100, 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 upon its approval.

INTRODUCED BY:

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