STAND. COM. REP. NO. 400

Honolulu, Hawaii

RE:    S.B. No. 757

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Madam:

     Your Committee on Health, to which was referred S.B. No. 757 entitled:

"A BILL FOR AN ACT RELATING TO THE REGULATION OF ELECTRONIC SMOKING DEVICES,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Prohibit the use of electronic smoking devices in places where smoking is prohibited; and

     (2)  Update signage requirements.

     Your Committee received testimony in support of this measure from the Department of Health, University of Hawaii Cancer Center, American Cancer Society Cancer Action Network, Coalition for a Tobacco Free Hawaii, Hawaii Community Pharmacy Association, and one individual.  Your Committee received testimony in opposition to this measure from VOLCANO Fine Electronic Cigarettes, PC Gamerz, Hawaii Smokers Alliance, and sixteen individuals.  Your Committee received comments on this measure from Outrigger Hotels and one individual.

     Your Committee finds that the unregulated use of electronic smoking devices is potentially hazardous to health and is disruptive to an orderly and productive work environment.  Using a noncombustible electronic smoking device closely resembles and purposefully mimics the act of smoking by having a user inhale vaporized liquid nicotine created by heat through an electronic ignition system.  Prohibiting the use of electronic smoking devices in enclosed or partially enclosed places where smoking is prohibited will reduce the likelihood that employees and the public will associate the use of electronic smoking devices in enclosed or partially enclosed areas with healthful behavior, reduce the likelihood of nonuser exposure to exhaled toxicants of potential harm, reduce the likelihood of workplace disturbances, enhance employee productivity, and help ensure compliance with existing smoking regulations.

     Your Committee has amended this measure by inserting language that allows owners of establishments, facilities, or outdoor areas who exercised the right to prohibit smoking prior to September 15, 2015, and installed no smoking signs in those areas to retain previously installed signs and not have to install new signage that includes a symbol of an electronic smoking device.

     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. 757, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 757, S.D. 1, and be referred to the Committee on Commerce and Consumer Protection.

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

____________________________

JOSH GREEN, Chair