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106TH CONGRESS

1ST SESSION H. R. 144

To encourage States to enact laws to prohibit the sale of tobacco products

to individuals under the age of 18.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 6, 1999

Mr. GREEN of Texas introduced the following bill; which was referred to the

Committee on Commerce

A BILL

To encourage States to enact laws to prohibit the sale of

tobacco products to individuals under the age of 18.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Youth Tobacco Posses5 sion Prevention Act’’.

6 SEC. 2. STATE LAW.

7 (a) GENERAL RULE.—A State shall be awarded

8 points under section 3 for each application to the Depart9 ment of Health and Human Services it has made for a

10 competitive health-related grant if, before the expiration
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1 of the year 2005, it enacts, and begins affirmative imple2 mentation of, a law to prohibit the sale of tobacco products

3 to individuals under the age of 18 which conforms to the

4 requirements of this section:

5 (b) PENALTIES.—The State law shall prescribe the

6 following penalties:

7 (1) POSSESSION.—For the possession of a to8 bacco product by an individual under the age of 18:

9 (A) For the first offense, the individual

10 shall pay a fine of not less than $25 and shall

11 complete a tobacco education program or 10

12 hours of tobacco related community service as

13 defined by the Secretary of Health and Human

14 Services by regulation.

15 (B) For the second offense, the individual

16 shall pay a fine of not less than $50, shall com17 plete a tobacco cessation program, and shall

18 complete not less than 30 hours of tobacco re19 lated community service.

20 (C) For the third offense, the individual

21 shall pay a fine of not less than $100, the indi22 vidual’s driver’s license shall be suspended for

23 not less than 3 months, and the individual shall

24 complete not less than 60 hours of tobacco re25 lated community service.
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1 (D) For any subsequent offense, the indi2 vidual shall pay a fine of not less than $250

3 and the individual’s driver’s license shall be sus4 pended for not less than 6 months.

5 (2) SALE OR DISTRIBUTION.—For the sale or

6 distribution of a tobacco product to an individual

7 under the age of 18 by a an individual over the age

8 of 18 or an employee:

9 (A) For the first offense, such person shall

10 pay a fine of not less than $100 and shall com11 plete a tobacco education program.

12 (B) For the second offense, such person

13 shall pay a fine of not less than $250 and shall

14 complete not less than 60 hours of tobacco re15 lated community service.

16 (C) For any subsequent offense, such per17 son shall pay a fine of not less than $500.

18 (c) SPECIAL PROVISIONS.—The State law shall pro19 vide as follows:

20 (1) EDUCATION AND CESSATION PROGRAMS

21 AND COMMUNITY SERVICE.—Within 90 days of the

22 conviction of an offense, the convicted individual

23 shall present documentation to the court to prove

24 the completion of an applicable education or ces-
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1 sation program or of an applicable community serv2 ice requirement.

3 (2) RURAL RESIDENTS.—An individual who re4 sides in a rural area which is more than 90 miles

5 from the site of an applicable education or cessation

6 program shall in lieu of completion of such program

7 perform a 15 hours of community service.

8 (3) TRANSACTIONS IN HOME.—No individual

9 shall be liable under the State law described in sub10 section (a) for the distribution of a tobacco product

11 within the home of such individual.

12 (4) RECORD EXPUNGED.—In the case of an in13 dividual under the age of 18 who is convicted of the

14 possession of a tobacco product, the court may, in

15 its discretion, expunge the record of such conviction

16 after the completion of the penalty requirements.

17 (5) EXISTING FEDERAL OR STATE LAW.—Noth18 ing in this Act shall be construed to preempt or oth19 erwise change any existing Federal or State law or

20 regulation as it relates to the sale of tobacco prod21 ucts by an establishment.

22 (6) NOTICE.—Law enforcement authorities

23 shall notify the parents or legal guardians of an in24 dividual under the age of 18 within 48 hours of the

25 time such individual is taken into custody for posses-
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1 sion of a tobacco product under a provision of law

2 described in section 2(a)(1).

3 SEC. 3. AWARD.

4 A State which enacts and implements a law described

5 in section 2 before the expiration of the year 2005 shall

6 receive 5 additional points on the score placed on each

7 application it has made to the Department of Health and

8 Human Services for a competitive public health service

9 grant.

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