Honolulu, Hawaii



RE:    S.B. No. 642




Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii




     Your Committee on Health, to which was referred S.B. No. 642 entitled:




begs leave to report as follows:


     The purpose and intent of this measure is to require cigarettes and tobacco products to be stored for sale behind a counter in certain establishments.


     Your Committee received testimony in support of this measure from fifteen individuals.  Your Committee received testimony in opposition to this measure from one individual.


     Your Committee finds that the tobacco industry spends more than $12,000,000,000 annually on advertising and marketing its products in the United States.  Each year, tobacco companies spend over $42,000,000 promoting their brands in stores throughout Hawaii.  The National Cancer Institute has reported that the total weight of evidence from multiple studies demonstrates a causal relationship between tobacco advertising and promotion and increased tobacco use.


     Your Committee further finds that retail stores are given incentives to place tobacco advertisements and products in strategic locations near the cash register, known as a point-of-sale, or in self-service displays.  Research indicates the presence of these products and advertisements may stimulate impulse purchases.  Furthermore, a 2009 study found that frequent visits to stores selling tobacco and a greater awareness of cigarettes sold in stores increased the likelihood of teenagers being susceptible to initiating smoking, experimenting with smoking, or becoming smokers.


     Your Committee has heard testimony expressing a concern that there are some remaining questions about the constitutionality of this measure.  Your Committee finds that this issue merits further consideration and requests that your Committee on Commerce and Consumer Protection further examine this issue if they choose to schedule this measure for a hearing.


     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 S.B. No. 642 and recommends that it pass Second Reading and be referred to the Committee on Commerce and Consumer Protection.


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