STAND. COM. REP. NO. 31

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 294
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Health, to which was referred H.B. No. 294
entitled: 

     "A BILL FOR AN ACT RELATING TO THE DISTRIBUTION OF SAMPLE
     TOBACCO PRODUCTS AND TOBACCO PROMOTIONAL MATERIALS,"

begs leave to report as follows:

     The purpose of this bill is to reduce tobacco use among
Hawaii's children and youth by prohibiting the distribution of:

     (1)  Sample tobacco products on or in any public street,
          sidewalk, or park, or within 1000 feet of any school
          attended by minors; and

     (2)  Tobacco promotional materials within 1000 feet of any
          school attended by minors.

     The Department of Health, the Hawaii Medical Association,
the American Lung Association, the Coalition for a Tobacco-Free
Hawaii, the Hawaii Nurses' Association, the Honolulu Police
Department, and a member of the Kauai County Council submitted
testimony in support of this measure.  The Department of
Education submitted testimony in support of the intent of this
measure.  Legislative Information Services of Hawaii submitted
comments.

     Your Committee finds that over 80 percent of adults who
smoke started doing so prior to the age of eighteen, and believes
that preventing the distribution of tobacco samples or

 
 
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                                 Page 2

 
promotional materials within a school zone is a significant step
toward preventing tobacco companies from marketing their products
in areas frequented by adolescents.  To counteract marketing
practices of tobacco companies, your Committee believes that the
distribution of coupons redeemable for cigarettes or tobacco
products should also be prohibited.

     Your Committee is aware of the concern that first amendment
rights may be violated if, for example, unintended advertisements
for tobacco products appeared in newspapers of general
circulation that were distributed within the 1,000-foot buffer
zone around schools.  It is not the intent of this Committee to
prohibit the circulation of these types of publications within a
school zone.  Your Committee respectfully requests the Committee
on Finance to consider inserting clarifying language regarding
this first amendment rights issue.

     Your Committee has amended this measure by:

     (1)  Prohibiting the distribution of coupons redeemable for
          cigarettes or tobacco products within a buffer zone
          around schools attended by minors;

     (2)  Clarifying that the term "distribute" means the
          exclusive promotion of a product; and 

     (3)  Making technical, nonsubstantive amendments for
          purposes of clarity and style.

     As affirmed by the record of votes of the members of your
Committee on Health that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
294, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 294, H.D. 1, and
be referred to the Committee on Finance.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Health,



                                   ______________________________
                                   ALEXANDER C. SANTIAGO, Chair