Bill Text: HI HB2133 | 2014 | Regular Session | Amended
Bill Title: Tobacco; Cigarettes; Minors
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2014-02-19 - The committee(s) on CPC/JUD recommend(s) that the measure be deferred. [HB2133 Detail]
Download: Hawaii-2014-HB2133-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2133 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
H.D. 1 |
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STATE OF HAWAII |
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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 and electronic
smoking devices [prohibited; minors.]; persons under
twenty-one years of age. (1) 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, or an electronic smoking device to a person born
after June 30, 1997.
[(1) It] (2) After June 30, 2018,
it shall be unlawful to sell or furnish tobacco in any shape or form,
including chewing tobacco and snuff, or an electronic smoking device to a [minor]
person under [eighteen] twenty-one years of age.
(3) 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", 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 or electronic smoking devices are sold in letters at least one-half inch high.
[(2) Signs] (4) After June 30,
2018, signs using the statement, "The sale of tobacco products or
electronic smoking devices 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 or electronic smoking devices are sold in
letters at least one-half inch high.
[(3)] (5) 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),]
(2), or an electronic smoking device, as described under subsection [(5).]
(7). 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 or electronic smoking devices sales
to minors[.]; or
(b) Was eighteen years of age or older on or before June 30, 2015.
[(4)] (6) Any person who
violates subsection (1) [or], (2), [or both,] (3), or
(4) 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)] (5) 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)] (7) For the purposes of
this section:
"Electronic smoking device" means any
electronic product that can be used to [simulate smoking in the delivery of]
vaporize and deliver nicotine or other substances to the person inhaling
from the device[,] including, but not limited to, an
electronic cigarette, electronic cigar, electronic cigarillo, or electronic
pipe, and any cartridge or other component of the device or related
product."
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, 2050.
Report Title:
Tobacco; Cigarettes; Minors
Description:
Increases the age in which one can purchase tobacco or electronic smoking devices from 18 to 21 years of age. Prohibits the sale or furnishing of tobacco or electronic smoking devices to persons under 21 years of age. Provides exceptions for those currently 18 to 21 years of age. Effective July 1, 2050. (HB2133 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
