Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 294
                                        H.D. 1
                                        S.D. 2

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii


     Your Committee on Judiciary, to which was referred H.B. No.
294, H.D. 1, S.D. 1, entitled: 


begs leave to report as follows:

     The purpose of this bill is to prohibit the distribution of
samples and promotional material of tobacco products on any
public street, sidewalk, park, or within one thousand feet of any
elementary, intermediate, or high school.

     Your Committee finds that the distribution of brand-name
promotional items is a major component of the tobacco industry's
marketing strategy.  Studies show that tobacco advertising
promotes smoking by using images and messages that appeal to our
children, and that our children are particularly susceptible to
these images and messages.  

     Your Committee recognizes that First Amendment rights may be
implicated by the restrictions on the distribution of tobacco
promotional materials.  However, your Committee believes that the
State has a compelling interest in reducing illegal sales of
tobacco products to minors and in protecting the health of our
youths.  Three thousand children become regular smokers every
day, and over eighty percent of adult smokers started when they
were children or adolescents.  In addition, your Committee

                                   STAND. COM. REP. NO. 1577
                                   Page 2

believes that the First Amendment does not protect commercial
speech that proposes an illegal transaction.  Most smokers are
initiated into tobacco use as children, develop their tobacco
habits as children, and become addicted as children, even though
it is illegal to sell tobacco products to minors.  Because
promotional items are all too often used to deliver a selling
message to children, and because there is no way to limit the
distribution of these products to adults, such products should be
restricted without offending the First Amendment.

     Testimony in support of this measure was submitted by the
Department of Health, the Department of Education, the Honolulu
Police Department, the American Heart Association, and the Hawaii
Medical Association.

     Upon further consideration, your Committee has amended this
measure by:

     (1)  Adding a preamble that defines the State's compelling
          interests in protecting the health and safety of its
          minors by restricting the distribution of sample and
          promotional tobacco products;

     (2)  Providing that within the boundaries of private
          commercial establishments, such as stores or
          restaurants where tobacco products are sold, such
          distribution is permissible so long as it is not
          visible to the public from outside the establishment;

     (3)  Providing that such distribution is permissible for
          commercial establishments where access to the premises
          by minors is prohibited by law.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
294, H.D. 1, S.D. 1, as amended herein, and recommends that it
pass Third Reading in the form attached hereto as H.B. No. 294,
H.D. 1, S.D. 2.

                                   STAND. COM. REP. NO. 1577
                                   Page 3

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

                                   AVERY B. CHUMBLEY, Co-Chair

                                   MATTHEW M. MATSUNAGA, Co-Chair