STAND. COM. REP. NO.  1504-12

Honolulu, Hawaii

                , 2012

RE:   S.B. No. 1168

      S.D. 1

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 1168, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to prohibit the use of tobacco products by minors and authorize law enforcement officers to confiscate tobacco products used by minors.

Several individuals testified in support of this measure.  The Department of Health testified in support of this measure with amendments.  The Coalition for a Tobacco Free Hawaii testified in support of the intent of this measure.  The Honolulu Police Department and numerous individuals testified in opposition to this measure.

     Your Committee has amended this measure by:

     (1)  Expanding the authority of law enforcement officers by authorizing them to confiscate any tobacco or tobacco products found in the possession of minors, in addition to those used by minors;

     (2)  Defining the terms "tobacco" and "tobacco products" to include electronic cigarettes;

     (3)  Defining the term "electronic cigarette"; and

     (4)  Making technical, nonsubstantive amendments 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. 1168, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1168, S.D. 1, H.D. 1.

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

____________________________

GILBERT KEITH-AGARAN, Chair