[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3655 Introduced in House (IH)]







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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Youth Tobacco Possession Prevention 
Act''.

SEC. 2. STATE LAW.

    (a) General Rule.--A State shall be awarded points under section 3 
for each application to the Department 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 
implementation 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 tobacco 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 complete a 
                tobacco cessation program, and shall complete not less 
                than 30 hours of tobacco related community service.
                    (C) For the third offense, the individual shall pay 
                a fine of not less than $100, the individual'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 related community service.
                    (D) For any subsequent offense, the individual 
                shall pay a fine of not less than $250 and the 
                individual's driver's license shall be suspended 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 complete 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 related community service.
                    (C) For any subsequent offense, such person shall 
                pay a fine of not less than $500.
    (c) Special Provisions.--The State law shall provide 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 cessation 
        program or of an applicable community service requirement.
            (2) Rural residents.--An individual who resides 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 subsection (a) for the 
        distribution of a tobacco product within the home of such 
        individual.
            (4) Record expunged.--In the case of an individual 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.--Nothing in this Act 
        shall be construed to preempt or otherwise change any existing 
        Federal or State law or regulation as it relates to the sale of 
        tobacco products by an establishment.
            (6) Notice.--Law enforcement authorities shall notify the 
        parents or legal guardians of an individual under the age of 18 
        within 48 hours of the time such individual is taken into 
        custody for possession 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.
                                 <all>