STAND. COM. REP. NO. 1158

 

Honolulu, Hawaii

                  

 

RE:    S.C.R. No. 69

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committee on Commerce and Consumer Protection, to which was referred S.C.R. No. 69 entitled:

 

"SENATE CONCURRENT RESOLUTION REQUESTING THAT THE AUDITOR PERFORM A SUNRISE ANALYSIS ON THE LICENSING OF ATHLETIC TRAINERS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to request that the Auditor perform a sunrise analysis of the licensing of athletic trainers. 

 

     Prior to a hearing on this measure, your Committee circulated a proposed draft that deleted the title and contents of the measure as received by your Committee and inserted therefor provisions that encourage the United States Congress to enact legislation regulating the sale and marketing of tobacco products.  Although the original measure requesting a sunrise analysis of regulating the athletic trainer industry did have merit, that measure was duplicative of another measure, S.C.R. No. 35, which your Committee has advanced. 

 

     Your Committee received testimony in support of the proposed S.D. 1 of this measure from the American Cancer Society, the American Heart Association, the American Lung Association, and Coalition for a Tobacco-Free Hawaii.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

 

     Your Committee finds that as tobacco companies attempt to hold market share in the face of declining tobacco sales, some tobacco companies are targeting young people, especially young women, through marketing.  Your Committee finds that some of the marketing initiatives, especially "purse packs" of ultra-slim cigarettes in a pastel-colored, lipstick-shaped package, show contempt for young women and their health by putting a pink gloss on a product that causes heart disease and lung cancer which are two of the leading causes of death for women in this country.  Your Committee further finds that the Federal Cigarette Labeling and Advertising Act, 15 United States Code section 1334, preempts state action in regulating the marketing and packaging of tobacco products.  Your Committee finds that this measure expresses both the intent of the Legislature that cigarette marketing must be regulated and deference to the federal government's role in regulating commerce and setting national health policy.

 

     As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 69, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 69, S.D. 1.

 

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

 

 

 

____________________________

ROSALYN H. BAKER, Chair