Bill Text: AZ HB2034 | 2012 | Fiftieth Legislature 2nd Regular | Chaptered
Bill Title: Hookah use; minors; prohibition
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-03-27 - Governor Signed [HB2034 Detail]
Download: Arizona-2012-HB2034-Chaptered.html
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House Engrossed |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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CHAPTER 89
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HOUSE BILL 2034 |
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AN ACT
amending section 13-3622, Arizona Revised Statutes; relating to family offenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3622, Arizona Revised Statutes, is amended to read:
13-3622. Furnishing of tobacco or tobacco or shisha instruments or paraphernalia to minor; minor accepting or receiving tobacco or tobacco or shisha instruments or paraphernalia; illegally obtaining tobacco or tobacco or shisha instruments or paraphernalia by underage person; classification; definition
A. A person who knowingly sells, gives or furnishes cigars, cigarettes or cigarette papers or, smoking or chewing tobacco or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, to a minor, and is guilty of a petty offense.
B. A minor who buys, or has in his possession or knowingly accepts or receives from any person, cigars, cigarettes or cigarette papers or, smoking or chewing tobacco of any kind, or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, is guilty of a petty offense, and if the offense involves any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, shall pay a fine of not less than one hundred dollars or perform not less than thirty hours of community restitution.
B. C. A person who is under eighteen years of age and who misrepresents the person's age to any person by means of a written instrument of identification with the intent to induce the person to sell, give or furnish cigars, cigarettes or cigarette papers or, smoking or chewing tobacco or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, in violation of subsection A or b of this section is guilty of a petty offense and, notwithstanding section 13‑802, shall pay a fine of not more than five hundred dollars.
D. This section does not apply to any of the following:
1. Cigars, cigarettes or cigarette papers, smoking or chewing tobacco or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, if it is used or intended to be used in connection with a bona fide practice of a religious belief and as an integral part of a religious or ceremonial exercise.
2. Any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, that is given to or possessed by a minor if the instrument or paraphernalia was a gift or souvenir and is not used or intended to be used by the minor to smoke or ingest tobacco or shisha.
E. For the purposes of this section, "shisha" includes any mixture of tobacco leaf and honey, molasses or dried fruit or any other sweetener.
APPROVED BY THE GOVERNOR MARCH 27, 2012.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 27, 2012.
