STAND. COM. REP. NO. 2463

Honolulu, Hawaii

RE:    S.B. No. 2859

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Health, to which was referred S.B. No. 2859 entitled:

"A BILL FOR AN ACT RELATING TO TOBACCO PRODUCTS,"

begs leave to report as follows:

     The purpose of this measure is to protect the health of Hawaii's youth by making the use of tobacco products by minors unlawful.

     Specifically, this measure makes it unlawful for a minor under eighteen years of age to use tobacco in any shape or form, including chewing tobacco and snuff and requires the minor to attend a tobacco cessation program and be subject to other penalties for first, second, and third offenses.

     Your Committee received testimony in support of this measure from the Department of the Attorney General, the Hawaii Food Industry Association, and six individuals.  Your Committee received testimony in opposition to this measure from the Department of Health, the Coalition for a Tobacco Free Hawaii, the American Heart Association, and one individual.

     Your Committee finds that this measure attempts to close a loophole in the current law that makes it unlawful for minors to purchase tobacco products by also making it unlawful for minors to use tobacco products.  Your Committee further finds that, though comprehensive measures need to be implemented to encourage youths to adopt healthy behaviors, data has shown that criminalizing tobacco use by minors does not necessarily deter them from its use.

     Your Committee has amended this measure by:

     (1)  Clarifying that "use" of any tobacco product purchased, possessed, or used by a minor shall be considered contraband;

     (2)  Inserting language that makes a tobacco product that is labeled or packaged as such, prima facie evidence that the person engaged in the conduct; and

     (3)  Inserting language that suspends a minor's ability to apply for a license or permit, who has not yet attained the age requirement to apply for a license or permit, for one year after attaining the required age;

     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 S.B. No. 2859, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2859, 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