HOUSE OF REPRESENTATIVES

H.B. NO.

2442

THIRTY-SECOND LEGISLATURE, 2024

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HEALTH.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that tobacco use remains the leading cause of preventable disease and death in the United States and in Hawaii.  The legislature also finds that while there has been a significant decline in the use of combustible cigarettes over the last decade, there has been a dramatic increase in the use of electronic smoking devices nationwide, especially by Hawaii's youth.

     Vaping in Hawaii is at an epidemic level.  According to the 2011 and 2015 Hawaii Youth Tobacco Survey, during these four years, the proportion of youth experimenting with electronic smoking devices increased six-fold among middle school youth and four-fold among high school youth.  According to the 2017-2021 Hawaii Youth Risk Behavior Survey, twenty-four per cent of public middle school students and forty-one per cent of public high school students had tried electronic smoking devices.  The 2017-2021 Hawaii Youth Risk Behavior Survey also indicates that thirteen per cent of middle school students and twenty-three per cent of high school students currently vape.  The 2017-2021 Hawaii Youth Risk Behavior Survey also shows the prevalence is higher in the neighbor island counties with high school vaping exceeding twenty-seven per cent for Hawaii, Maui, and Kauai counties.  These statistics rank among the highest in the nation.  As most vaping products contain addictive levels of nicotine, the elevated use of electronic smoking devices has led to a significant rise in youth nicotine addiction.

     Historically, Hawaii has passed forward-thinking legislation to address the high usage of tobacco products, and many ordinances were first adopted at the county level to quickly address the counties' need to protect their communities from the relentless promotional targeting by tobacco companies.  Ordinances to raise the minimum age for the purchase of tobacco products to twenty-one years were first enacted in the county of Hawaii, followed by other counties.  Subsequently, the State enacted section 712-1258, Hawaii Revised Statutes, to establish a statewide uniform minimum age of twenty-one years.  Likewise, ordinances that prohibit smoking in certain locations, as well as in motor vehicles when keiki are present, were also initially adopted at the county level before the State took action.

     The enactment of Act 206, Session Laws of Hawaii 2018, codified as section 328J-11.5, Hawaii Revised Statutes, made the sale of cigarettes, tobacco products, and electronic smoking devices a matter of statewide concern, and preempted any existing or future local ordinances that restricted the sale of these products.  The tobacco industry has historically used preemption as a tactic to prevent local governments from adopting stronger tobacco control measures, thereby protecting its interests at the expense of public health.

     The legislature finds that a flexible regulation system is needed to address the multibillion-dollar marketing campaigns the tobacco companies have focused on our youth.  All levels of government, including counties, need to collaborate with youth, their parents, and educational institutions, to quickly address the tobacco companies' predatory practices through the implementation of reasonable restrictions on the sale of and access to these addictive products.

     Accordingly, the purposes of this Act are to:

     (1)  Repeal section 328J-11.5, Hawaii Revised Stuates, which provides that all local ordinances or regulations that regulate the sale of cigarettes, tobacco products, and electronic smoking devices are preempted and that existing local laws and regulations conflicting with chapter 328J, Hawaii Revised Statutes, are null and void; and

     (2)  Ensure that counties retain the authority to enact ordinances that regulate the sale of cigarettes, tobacco products, and electronic smoking devices, as long as the ordinances are more stringent than the provisions in chapter 328J, Hawaii Revised Statutes.

     SECTION 2.  Section 328J-11.5, Hawaii Revised Statutes, is repealed.

     ["[§328J-11.5]  Statewide concern.  (a)  Sales of cigarettes, tobacco products, and electronic smoking devices are a statewide concern.  It is the intent of the legislature to regulate the sale of cigarettes, tobacco products, and electronic smoking devices in a uniform and exclusive manner.

     (b)  All local ordinances or regulations that regulate the sale of cigarettes, tobacco products, and electronic smoking devices are preempted, and existing local laws and regulations conflicting with this chapter are null and void.

     (c)  Nothing in this chapter shall be construed to limit a county's authority under section 328J-15."]

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST

 

 

Report Title:

Cigarettes; Tobacco Products; Electronic Smoking Devices; Sales; County Preemption; Repeal

 

Description:

Repeals section 328J-11.5, HRS.

 

 

 

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