Report Title:

Minors; Tobacco

Description:

Increases the age of persons from under age 18 to under age 21 who are prohibited from possessing or purchasing tobacco products.

THE SENATE

S.B. NO.

985

TWENTY-SECOND LEGISLATURE, 2003

 

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] 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 [under eighteen years of age] to purchase or possess any tobacco product, as described under subsection (1). This provision [does] shall not apply [if a] to:

(a) Any person [under the age of eighteen, with parental authorization,] at least eighteen years of age 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

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

(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] violator 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) For the purposes of this section, "minor" means any person below the age of twenty-one years."

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 Statutory material to be repealed is bracketed and stricken.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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