THE SENATE

S.B. NO.

2304

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

rELATING TO TOBACCO.

 

 

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

 


SECTION 1. The legislature finds that the density of tobacco retailers around schools has a significant impact on the prevalence of youth tobacco use. A 2008 study by L. Henriksen, et al., found that the incidence of smoking was significantly higher among students in schools with the highest density of surrounding tobacco retailers compared with students in schools without any tobacco retailers nearby.

The legislature further finds that electronic smoking devices are especially popular among youth, surpassing cigarettes as the most commonly used tobacco product. The 2015 Hawaii Youth Risk Behaviors Survey reports that twenty-five per cent of high school students and fifteen per cent of middle school students have used electronic vapor products in the past thirty days. The popularity of these devices is concerning, as electronic smoking devices are not safe alternatives to other tobacco products, as exposure to nicotine increases the risk of addiction and may disrupt critical brain development.

The legislature recognizes that tobacco advertising and retailers suggest smoking is acceptable, and youth and children are particularly susceptible to these cues. Tobacco and electronic smoking device manufacturers employ tactics that appeal to youth, such as child-friendly flavors, celebrity endorsements, and high-tech design. The tobacco industry spends $24,300,000 on marketing per year in Hawaii. In addition, the electronic smoking device industry spent an estimated $115,000,000 in 2014, a nearly 1,700 per cent increase from 2011. Youth who walk or take public transportation to school may be exposed to advertising of tobacco products and electronic smoking devices at locations such as convenience stores, grocery stores, and gas stations.

The legislature further finds that several cities in California and New York have implemented tobacco retail buffer zones, ranging from three to fifteen hundred feet, where sales of tobacco products and permits for tobacco retailers are prohibited within a certain proximity to schools, parks, libraries, and other youth-oriented areas. Tobacco retail buffer zones encourage responsible tobacco retailing, reduces tobacco-related health disparities, and most importantly, reduces youth tobacco use, especially electronic smoking device use.

The purpose of this Act is to reduce the use, access, and exposure of tobacco products by youth by prohibiting the issuance of retail tobacco permits and sale of a tobacco product or an electronic smoking device at a place of business within seven hundred fifty feet of schools, public parks, and public housing complexes.

SECTION 2. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"712-   Tobacco products and electronic smoking devices; prohibited locations. (a) It shall be unlawful to sell a tobacco product or an electronic smoking device at a place of business located within seven hundred fifty feet of a public or private school, public park, or public housing project or complex.

(b) Any person who violates this section shall be fined $500 for the first day of offense. Any subsequent days of offense shall subject the person to a fine not less than $500 nor more than $2,000.

(c) For purposes of this section:

"Electronic smoking device" shall have the same meaning as in section 712-1258.

"Tobacco product" shall have the same meaning as in section 712-1258.

"To sell" shall have the same meaning as in section 712-1257."

SECTION 3. Section 245-2.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The retail tobacco permit shall be issued by the department upon application by the retailer in the form and manner prescribed by the department, and the payment of a fee of $20[.]; provided that the place of business for which the permit is sought shall not be within seven hundred fifty feet of a public or private school, public park, or public housing project or complex. Permits shall be valid for one year, from December 1 to November 30, and renewable annually[.]; provided that the department shall not renew a permit for a place of business that is located within seven hundred fifty feet of a public or private school, public park, or public housing project or complex. Whenever a retail tobacco permit is defaced, destroyed, or lost, or the permittee relocates the permittee's business, the department may issue a duplicate retail tobacco permit to the permittee for a fee of $5 per copy."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2018; provided that section 2 shall take effect on January 1, 2019.

 

INTRODUCED BY:

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Report Title:

Tobacco; Electronic Smoking Devices; Keiki Caucus

 

Description:

Prohibits the issuance of retail tobacco permits and sale of tobacco products and electronic smoking devices by businesses that are located within seven hundred fifty feet of a school, public park, or public housing complex.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.