STAND. COM. REP. NO. 427-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 1922
                                     




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Health, to which was referred H.B. No.
1922 entitled: 

     "A BILL FOR AN ACT RELATING TO TOBACCO,"

begs leave to report as follows:

     The purpose of this bill is to prevent teenage smoking by:

     (1)  Prohibiting the possession and use of tobacco products
          by minors under eighteen years of age; and

     (2)  Making the penalty for such possession and use $500 for
          the first offense and not less than $500 nor more than
          $2,000 for subsequent offenses.

     The Department of the Prosecuting Attorney of the City and
County of Honolulu, the Honolulu Police Department, the
Legislative Information Services of Hawaii, and numerous
individuals testified in support of this measure.  The Office of
Youth Services (OYS) testified in support of the intent of this
measure.  The American Cancer Society, the Department of Health,
the Coalition for a Tobacco Free Hawaii (Coalition), and the
Hawaii Nurses' Association opposed this measure.

     Your Committee believes that this measure is just one
component of a multi-faceted community approach to reduce youth
tobacco use, but is concerned about the penalties for possessing
or using tobacco products.  The American Cancer Society testified
that there are no reliable findings that support the contention
that penalizing minors will deter them from smoking.  The
Coalition testified that penalizing minors who possess tobacco

 
                                 STAND. COM. REP. NO. 427-00
                                 Page 2

 
products actually protects the tobacco industry by diverting
enforcement from the illegal sales by the retailers to the youths
themselves.  Additionally, OYS testified that criminal
consequences can introduce youths to the juvenile justice system,
which could inflict greater overall harm.

     Your Committee is concerned about the appropriateness of
youth possession laws and its penalties, but believes that these
issues fall under the purview of the Committee of Judiciary and
Hawaiian Affairs.

     As affirmed by the record of votes of the members of your
Committee on Health that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
1922 and recommends that it pass Second Reading and be referred
to the Committee on Judiciary and Hawaiian Affairs.

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



                                   ______________________________
                                   ALEXANDER C. SANTIAGO, Chair