Bill Text: HI SB1030 | 2015 | Regular Session | Amended
Bill Title: Tobacco Products; Electronic Smoking Devices; Possession; Consumption; Sale or Furnishing of; Prohibitions
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2015-06-23 - Act 122, 06/19/2015 (Gov. Msg. No. 1222). [SB1030 Detail]
Download: Hawaii-2015-SB1030-Amended.html
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THE SENATE |
S.B. NO. |
1030 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.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. The legislature finds that the use of e‑cigarettes is prevalent among adolescents in Hawaii. According to recent figures from six Hawaii high schools, among the ninth and tenth grade students, twenty-nine percent have used e-cigarettes at least once and eighteen percent use them regularly. This sample's rate of e-cigarette use by adolescents is considerably higher than rates in current studies of adolescents in other areas of the United States.
The legislature further finds that e-cigarettes are popular among adolescents and the majority regard e-cigarettes as healthier than cigarettes. However, using e-cigarettes in most instances exposes adolescents to nicotine, which is a highly addictive substance. Therefore, in addition to preventing e‑cigarette use by adolescents, more research is needed to test why e-cigarettes appeal to adolescents and whether using e‑cigarettes carries more benefits than risks.
SECTION 2. Section 709-908, Hawaii Revised Statutes, is amended to read as follows:
"§709-908 Tobacco products and
electronic smoking devices [prohibited; minors.]; persons under
twenty-one years of age.
(1) [It] After July 1, 2015, it
shall be unlawful to sell or furnish a tobacco product in any
shape or form[, including chewing tobacco and snuff,] or an electronic
smoking device to a [minor under eighteen] person under twenty-one
years of age.
(2) [Signs] After July 1, 2015, 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) It shall be unlawful for a [minor under
eighteen] person under twenty-one years of age to purchase any
tobacco product[, as described under subsection (1),] or [an]
electronic smoking device, as [described under] those terms are
defined in subsection (5). This provision does not apply if a person 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.
(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] person under twenty-one 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 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:
"Electronic smoking device" means any
electronic product that can be used to [simulate smoking in the delivery of]
aerosolize 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.
"Tobacco product" means any product made or derived from tobacco that contains nicotine or other substances and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by other means. "Tobacco product" includes but is not limited to a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device. "Tobacco product" does not include drugs, devices, or combination products approved for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Tobacco; Electronic; Cigarettes; Minors; Tobacco Sales
Description:
Increases the minimum age for persons who may purchase tobacco products or electronic smoking devices from eighteen to twenty-one years of age. Amends the definition of "electronic smoking device" as used in section 709-908, Hawaii Revised Statutes. Defines "tobacco products". Effective 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
