I
105TH CONGRESS
2D SESSION
H. R. 3655
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
APRIL 1, 1998
Mr. GREEN 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Youth Tobacco Posses-
sion Prevention Act’’.
SEC. 2. STATE LAW.
(a) GENERAL RULE.—A State shall be awarded
points under section 3 for each application to the Depart-
ment of Health and Human Services it has made for a
competitive health-related grant if, before the expiration
of the year 2005, it enacts, and begins affirmative imple-
mentation of, a law to prohibit the sale of tobacco products
to individuals under the age of 18 which conforms to the
requirements of this section:
(b) PENALTIES.—The State law shall prescribe the
following penalties:
(1) POSSESSION.—For the possession of a to-
bacco product by an individual under the age of 18:
(A) For the first offense, the individual
shall pay a fine of not less than $25 and shall
complete a tobacco education program or 10
hours of tobacco related community service as
defined by the Secretary of Health and Human
Services by regulation.
(B) For the second offense, the individual
shall pay a fine of not less than $50, shall com-
plete a tobacco cessation program, and shall
complete not less than 30 hours of tobacco re-
lated community service.
(C) For the third offense, the individual
shall pay a fine of not less than $100, the indi-
vidual’s driver’s license shall be suspended for
not less than 3 months, and the individual shall
complete not less than 60 hours of tobacco re-
lated community service.
(D) For any subsequent offense, the indi-
vidual shall pay a fine of not less than $250
and the individual’s driver’s license shall be sus-
pended for not less than 6 months.
(2) SALE OR DISTRIBUTION.—For the sale or
distribution of a tobacco product to an individual
under the age of 18 by a an individual over the age
of 18 or an employee:
(A) For the first offense, such person shall
pay a fine of not less than $100 and shall com-
plete a tobacco education program.
(B) For the second offense, such person
shall pay a fine of not less than $250 and shall
complete not less than 60 hours of tobacco re-
lated community service.
(C) For any subsequent offense, such per-
son shall pay a fine of not less than $500.
(c) SPECIAL PROVISIONS.—The State law shall pro-
vide as follows:
(1) EDUCATION
AND
CESSATION
PROGRAMS
AND COMMUNITY SERVICE.—Within 90 days of the
conviction of an offense, the convicted individual
shall present documentation to the court to prove
the completion of an applicable education or ces-
sation program or of an applicable community serv-
ice requirement.
(2) RURAL RESIDENTS.—An individual who re-
sides in a rural area which is more than 90 miles
from the site of an applicable education or cessation
program shall in lieu of completion of such program
perform a 15 hours of community service.
(3) TRANSACTIONS
IN
HOME.—No individual
shall be liable under the State law described in sub-
section (a) for the distribution of a tobacco product
within the home of such individual.
(4) RECORD EXPUNGED.—In the case of an in-
dividual under the age of 18 who is convicted of the
possession of a tobacco product, the court may, in
its discretion, expunge the record of such conviction
after the completion of the penalty requirements.
(5) EXISTING FEDERAL OR STATE LAW.—Noth-
ing in this Act shall be construed to preempt or oth-
erwise change any existing Federal or State law or
regulation as it relates to the sale of tobacco prod-
ucts by an establishment.
(6) NOTICE.—Law enforcement authorities
shall notify the parents or legal guardians of an in-
dividual under the age of 18 within 48 hours of the
time such individual is taken into custody for posses-
sion of a tobacco product under a provision of law
described in section 2(a)(1).
SEC. 3. AWARD.
A State which enacts and implements a law described
in section 2 before the expiration of the year 2005 shall
receive 5 additional points on the score placed on each
application it has made to the Department of Health and
Human Services for a competitive public health service
grant.
Æ