STAND. COM. REP. NO. 1245

Honolulu, Hawaii

RE:    H.B. No. 527

       H.D. 2

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Health, to which was referred H.B. No. 527, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO TOBACCO,"

begs leave to report as follows:

     The purpose of this measure is to protect Hawaii's communities from the health risks posed by cigarettes by:

     (1)  Prohibiting the sale of cigarettes from self-service displays; and

     (2)  Changing the existing fine structure for illegal sales of tobacco made to minors through vending machines and mobile food vendors from up to $1,000 per day of violation to one that would change for subsequent offenses.

     Your Committee received testimony in support of this measure from the Department of the Attorney General and the Coalition for a Tobacco Free Hawaii.  Your Committee received testimony in opposition to this measure from the American Heart Association.

     Your Committee finds that this measure will pose an additional barrier to children gaining access to cigarettes.  Your Committee further finds that this measure should be extended to all tobacco products sold in self-service displays.

     Accordingly, your Committee amended this measure to include all tobacco products, not just cigarettes, in the definition of "self-service display".

     Your Committee further amended this measure by retaining the original fine structures as codified in chapter 328J-16, Hawaii Revised Statutes, which makes a violator subject to a fine of up to $1,000 per day for each violation.

     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. 527, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 527, H.D. 2, S.D. 1, and be referred to the Committee on Judiciary and Labor.

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

____________________________

DAVID Y. IGE, Chair