STAND. COM. REP. NO. 1270
Honolulu, Hawaii
, 2005
RE: S.B. No. 682
S.D. 2
H.D. 2
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 682, S.D. 2, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO TOBACCO,"
begs leave to report as follows:
The purpose of this bill is to enhance the enforcement of tobacco regulation laws by:
(1) Requiring a business engaged in the sale of cigarettes and other tobacco products at the retail level to obtain a retail tobacco permit from the Department of Taxation (DOTAX);
(2) Providing criminal penalties for the retail sale of cigarettes or other tobacco products without a valid retail tobacco permit;
(3) Providing DOTAX with the authority to seize and require the forfeiture of cigarettes and other tobacco products sold, possessed, kept, acquired, distributed, or transported without a valid retail tobacco permit.
The Attorney General, Department of Health, DOTAX, American Cancer Society, American Lung Association, Coalition for a Tobacco Free Hawaii, and American Heart Association testified in support of this bill. The Hawaii Food Industry Association and Legislative Information Services of Hawaii testified in opposition to this measure. The Office of the Public Defender and Tax Foundation of Hawaii submitted comments.
Your Committee has amended this bill by clarifying that:
(1) A retail tobacco permit shall be displayed at all times in a conspicuous place at the place of business requiring the retail tobacco permit;
(2) An owner of a retail establishment required to obtain a retail tobacco permit is subject to penalties; and
(3) The commission of an offense requires the offending party to knowingly fail to obtain a valid retail tobacco permit.
Technical, nonsubstantive amendments were also made for clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 682, S.D. 2, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as S.B. No. 682, S.D. 2, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ SYLVIA LUKE, Chair |
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