CONFERENCE COMMITTEE REP. NO. 187

Honolulu, Hawaii

, 2019

RE: S.B. No. 1405

S.D. 2

H.D. 2

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1405, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO ELECTRONIC SMOKING PRODUCTS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose and intent of this measure is to deter the sale and use of electronic smoking products.

Specifically, this measure:

(1) Establishes the offense of unlawful shipment of e-liquid products;

(2) Increases tobacco wholesaler or dealer license fees and retail permit fees; and

(3) Increases administrative fines and criminal penalties for electronic smoking devices by persons under the age of twenty-one years.

Your Committee finds that the State should take appropriate measures to prevent persons under the age of twenty-one years from engaging in the possession of electronic smoking products.

Your Committee has amended this measure by deleting its substantive provisions and inserting language to:

(1) Require public school teachers and educators to confiscate electronic cigarettes from students under twenty-one years of age;

(2) Require the Department of Health to establish a Safe Harbor Program by which persons under the age of twenty-one may dispose of electronic cigarettes in their possession;

(3) Increase the administrative fine to $100 for persons under the age of twenty-one for certain electronic smoking device infractions;

(4) Change the effective date to July 1, 2019; and

(5) Make technical nonsubstantive changes for purposes of clarity, consistency, and style.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1405, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1405, S.D. 2, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ JOHN M. MIZUNO Co-Chair	____________________________ ROSALYN H. BAKER Chair
____________________________ ROY M. TAKUMI Co-Chair	____________________________ KARL RHOADS Co-Chair
____________________________ CHRIS LEE Co-Chair	____________________________ GIL RIVIERE Co-Chair
____________________________ SCOTT Y. NISHIMOTO Co-Chair