STAND. COM. REP. NO. 508-20

Honolulu, Hawaii

, 2020

RE: H.B. No. 2348

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committees on Consumer Protection & Commerce and Judiciary, to which was referred H.B. No. 2348, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE SALE OF TOBACCO PRODUCTS,"

beg leave to report as follows:

The purpose of this measure is to establish a schedule of penalties for holders of retail tobacco permits and persons registered to sell electronic smoking devices, and their employees, who illegally sell tobacco products and electronic smoking devices to persons under twenty-one years of age.

Your Committees received testimony in support of this measure from Department of Health, Hawaii Primary Care Association, Hawaii Pacific Health, Hawaii Substance Abuse Coalition, Pearl City Neighborhood Board, Kahoomiki, Coalition for a Tobacco-Free Hawaii, Hawaii Petroleum Marketers Association, Hawaii Community Foundation, Blue Zones Project, Keiki Injury Prevention Coalition, and eight individuals. Your Committees received testimony in opposition to this measure from Irie Hawaii Waimea, Hawaii Smokers Alliance, and numerous individuals. Your Committees received comments on this measure from American Heart Association and Hawaii Food Industry Association.

Your Committees find that tobacco use is the leading cause of preventable disease and death in the United States. Use of electronic smoking devices, including electronic cigarettes, has become a national public health concern, with electronic cigarettes now the most popularly used tobacco product among youth and young adults. To address this staggering issue, your Committees find it necessary to establish clear legal responsibilities and strong deterrents for retailers, permittees, and registrants that sell tobacco products to persons under twenty-one years of age. The penalties proposed in this measure, which gradually increase to include the suspension of a license, provide meaningful deterrents for noncompliance by retailers, permittees, and registrants with tobacco and electronic smoking device sales laws and emphasize employee training and education to reduce youth access to tobacco products.

Your Committees have amended this measure by:

(1) Inserting a definition for "e-liquid"; and

(2) Making a technical, nonsubstantive amendment for the purposes of clarity, consistency, and style.

As affirmed by the records of votes of the members of your Committees on Consumer Protection & Commerce and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2348, H.D. 1, as amended herein, and recommend that it be referred to your Committee on Finance, in the form attached hereto as H.B. No. 2348, H.D. 2.

Respectfully submitted on behalf of the members of the Committees on Consumer Protection & Commerce and Judiciary,

____________________________ CHRIS LEE, Chair

____________________________ ROY M. TAKUMI, Chair