Bill Text: HI SB2904 | 2020 | Regular Session | Amended
Bill Title: Relating To The Sale Of Tobacco Products.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-02-13 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM. [SB2904 Detail]
Download: Hawaii-2020-SB2904-Amended.html
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THE SENATE |
S.B. NO. |
2904 |
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THIRTIETH LEGISLATURE, 2020 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE SALE OF TOBACCO PRODUCTS.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 712-1258, Hawaii Revised Statutes, is amended by amending subsections (6) and (7) to read as follows:
"(6) Any [person] employee of a retailer,
permittee, or registrant who violates subsection (1) or (4), or both,
shall be fined [$500] $100 for the first offense[. Any subsequent offenses shall subject the
person to a fine], and not less than [$500] $100 nor
more than [$2,000.] $500 for any subsequent offense within five years
of a previous offense. Any retailer, permittee,
or registrant who violates or whose employee violates subsection (1) or (4), or
both, shall:
(a) Be fined $500 for
the first offense;
(b) Be fined not less
than $500 nor more than $5,000 for a second offense within five years of a previous
offense; and
(c) Have the retailer's,
permittee's, or registrant's license suspended for a third or any subsequent offense
within five years of the last offense.
Any person under twenty-one years of age who violates subsection (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. Any tobacco product or electronic smoking device, as those terms are defined in subsection (7), in the person's possession at the time of violation of subsection (5) shall be seized, summarily forfeited to the State, and destroyed by law enforcement following the conclusion of an administrative or judicial proceeding finding that a violation of subsection (5) has been committed. The procedures set forth in chapter 712A shall not apply to this subsection.
(7) For the purposes of this section:
"Electronic smoking device" means any electronic product that can be used to 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.
"Permittee" means the holder of
a retail tobacco permit in accordance with chapter 245.
"Registrant" means an entity registered
with the electronic smoking device retailer registration unit pursuant to section
28-164.
"Retailer" means an entity that
engages in the practice of selling cigarettes or tobacco products to consumers and
includes the owner of a cigarette or tobacco product vending machine.
"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 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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, 2020.
Report Title:
Electronic Smoking Devices; Tobacco Products; Underage Sales of Tobacco Products; Penalties
Description:
Establishes a schedule of penalties for employees and holders of retail tobacco permits or persons registered to sell electronic cigarette smoking devices who illegally sell tobacco products and electronic smoking devices to persons under twenty-one years of age. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
