STAND. COM. REP. NO. 2607

Honolulu, Hawaii

RE: S.B. No. 2904

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 2904 entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to prohibit the sale or distribution of all flavored tobacco products, including products with menthol, in the State.

Your Committee received testimony in support of this measure from the Department of Health; Hawai‘i Primary Care Association; Tobacco King, LLC; Hawai‘i Public Health Institute; and seven individuals. Your Committee received testimony in opposition to this measure from the Hawaii Petroleum Marketers Association, Hawaii Smokers Alliance, VOLCANO Fine Electronic Cigarettes, and thirty-two individuals.

Your Committee finds that tobacco use remains the leading cause of preventable disease and death in the United States and in Hawaii, creating a serious public health problem in terms of the human suffering and loss of life it causes, as well as the financial burden it imposes on society and the healthcare system. Given the significant threat to public health posed by flavored tobacco products, this measure takes steps to regulate these products to reduce tobacco-related health disparities and address the sale of tobacco products.

Your Committee further finds that although the measure title, report title, and summary description of the measure contain the correct language that establishes a schedule of penalties for employees and holders of retail tobacco permits or persons registered to sell electronic smoking devices who illegally sell tobacco products and electronic smoking devices to persons under twenty-one years of age, the contents of the measure do not reflect those intentions.

Accordingly, your Committee has amended this measure by deleting its contents and inserting language that establishes a schedule of penalties for employees and holders of retail tobacco permits or persons registered to sell electronic smoking devices who illegally sell tobacco products and electronic smoking devices to persons under twenty-one years of age.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2904, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2904, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Health,

________________________________

ROSALYN H. BAKER, Chair