Bill Text: HI HB349 | 2015 | Regular Session | Introduced

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Bill Title: Electronic Smoking Devices; Cigarettes

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2015-02-09 - The committee(s) on CPC recommend(s) that the measure be deferred. [HB349 Detail]

Download: Hawaii-2015-HB349-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	349
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to electronic smoking devices.

 

 

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

 

     SECTION 1.  Section 132C-2, Hawaii Revised Statutes, is amended by amending the definition of "cigarette" to read as follows:

     ""Cigarette" means:

     (1)  Any roll for smoking, whether made wholly or in part of tobacco or any other substance, irrespective of size or shape, and whether or not the tobacco or substance is flavored, adulterated, or mixed with any other ingredient, with a wrapper or cover that is made of paper or any other substance or material, other than tobacco; [or]

     (2)  Any roll for smoking wrapped in any substance containing tobacco, which, due to its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette as described in paragraph (1)[.]; or

     (3)  Any electronic smoking device, as that term is defined in section 709-908."

     SECTION 2.  Section 245-1, Hawaii Revised Statutes, is amended by amending the definition of "cigarette" to read as follows:

     ""Cigarette" means any roll for smoking made wholly or in part of tobacco, irrespective of size and shape and whether or not the tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material except tobacco.  "Cigarette" shall also mean an electronic smoking device as that term is defined in section 709-908."

     SECTION 3.  Section 328J-1, Hawaii Revised Statutes, is amended by amending the definition of "smoke" or "smoking" to read as follows:

     "Smoke" or "smoking" means inhaling or exhaling the fumes of tobacco or any other plant material, or burning or carrying any lighted smoking equipment for tobacco or any other plant material.  "Smoke" or "smoking" includes the use of an electronic smoking device to simulate smoking in the delivery of nicotine or other substances to the person inhaling from the electronic smoking device."

     SECTION 4.  Section 328J-16, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  As used in this section:

     "Cigarette" includes an electronic smoking device as that term is defined in section 709-908.

     "Cigarette vending machine" means a self-service device that dispenses cigarettes, cigars, tobacco, or any other product containing tobacco.

     "Lunch wagon" means a mobile vehicle designed and constructed to transport food and from which food is sold to the general public and includes but is not limited to manapua trucks.

     "Sell" or "sale" means to solicit and receive an order for; to have, keep, offer, or expose for sale; to deliver for value or in any other manner than purely gratuitously; to peddle; to keep with intent to sell; or to traffic in."

     SECTION 5.  Section 328J-17, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  As used in this section:

     "Cigarette" includes an electronic smoking device as that term is defined in section 709-908.

     "Distribute" means to pass out to members of the general public free of charge for the exclusive purpose of promoting a product."

     SECTION 6.  Section 346-158, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§346-158[]]  No smoking in child care facilities.  (a)  Smoking shall be prohibited in all group child care homes, group child care centers, and family child care homes during their hours of operation.

     (b)  For the purposes of this section:

     "Smoking" includes the use of an electronic smoking device to simulate smoking in the delivery of nicotine or other substances to the person inhaling from the electronic smoking device."

     SECTION 7.  Section 356D-6.5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  For purposes of this section:

     "Common areas" means roofs, halls, sidewalks, corridors, lobbies, stairs, stairways, fire escapes, entrances and exits of the building or buildings, basements, yards, gardens, recreational facilities, parking areas, storage spaces, and other parts of the project or household normally in common use or other areas designated by the authority.

     "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated tobacco product or plant product intended for inhalation in any manner or in any form.  "Smoking" includes the use of an electronic smoking device to simulate smoking in the delivery of nicotine or other substances to the person inhaling from the electronic smoking device."

     SECTION 8.  Section 486P-1, Hawaii Revised Statutes, is amended by amending the definition of "cigarette" to read as follows:

     ""Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains:

     (1)  Any roll of tobacco wrapped in paper or in any substance not containing tobacco;

     (2)  Tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; [or]

     (3)  Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in [[]paragraph[]] (1) of this definition[.]; or

     (4)  Any electronic smoking device as that term is defined in section 709-908.

The term "cigarette" includes "roll-your-own" (i.e., any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes).  For purposes of this definition of "cigarette", 0.09 ounces of "roll-your-own" tobacco shall constitute one individual "cigarette"."

     SECTION 9.  Section 675-2, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "[[]§675-2[]]  Definitions.  [(a)]  As used in this chapter, the following terms shall mean as follows:

     "Adjusted for inflation" means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement.

     [(b)]  "Affiliate" means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person.  Solely for purposes of this definition, the terms "owns," "is owned" and "ownership" mean ownership of an equity interest, or the equivalent thereof, of ten percent or more, and the term "person" means an individual, partnership, committee, association, corporation or any other organization or group of persons.

     [(c)]  "Allocable share" means Allocable Share as that term is defined in the Master Settlement Agreement.

     [(d)]  "Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or (2) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (3) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in clause (1) of this definition.  The term "cigarette" includes an electronic smoking device, as that term is defined in section 709-908, and "roll-your-own" (i.e., any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes).  For purposes of this definition of "cigarette," 0.09 ounces of "roll-your-own" tobacco shall constitute one individual "cigarette.""

     [(e)]  "Master Settlement Agreement" means the settlement agreement (and related documents) entered into on November 23, 1998 by the State and leading United States tobacco product manufacturers.

     [(f)]  "Qualified escrow fund" means an escrow arrangement with a federally or State chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least $1,000,000,000 where such arrangement requires that such financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing or directing the use of the funds' principal except as consistent with section 3(b) of this Act.

     [(g)]  "Released claims" means Released Claims as that term is defined in the Master Settlement Agreement.

     [(h)]  "Releasing parties" means Releasing Parties as that term is defined in the Master Settlement Agreement.

     [(i)]  "Tobacco product manufacturer" means an entity that after the date of enactment of this Act directly (and not exclusively through any affiliate):

     (1)  manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as that term is defined in the Master Settlement Agreement) that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsection II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States);

     (2)  is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or

     (3)  becomes a successor of an entity described in paragraph (1) or (2).

     The term "Tobacco Product Manufacturer" shall not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within any of (1)-(3) above.

     [(j)]  "Units sold" means the number of individual cigarettes sold in the State by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the State on packs (or "roll-your-own" tobacco containers) bearing the excise tax stamp of the State.  The Department of the Attorney General shall promulgate such regulations as are necessary to ascertain the amount of State excise tax paid on the cigarettes of such tobacco product manufacturer for each year."

     SECTION 10.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 11.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 12.  This Act shall take effect on July 1, 2015.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Electronic Smoking Devices; Cigarettes

 

Description:

Regulates electronic smoking devices as cigarettes for purposes such as cigarette and tobacco taxes, smoking restrictions, tobacco products reporting, and tobacco liability.

 

 

 

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