Bill Text: HI SB18 | 2016 | Regular Session | Introduced

Hawaii Senate Bill 18 (Prior Session Legislation)

Introduced

Bill Title: Electronic Smoking Device; Smoking; Prohibition

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-01-21 - Re-Referred to CPH. [SB18 Detail]

Download: Hawaii-2016-SB18-Introduced.html

THE SENATE	S.B. NO.	18
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

relating to smoking.

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

SECTION 1. The legislature finds that nicotine is a highly addictive drug that acts in the brain and throughout the body. Furthermore, the dangers posed by nicotine are not limited to cigarettes, pipes, and other traditional forms of tobacco smoking. In recent years, the popularity of electronic smoking devices, also known as electronic cigarettes or e-cigarettes, has caused a major shift in the tobacco-control landscape. Electronic smoking devices are battery-powered devices, often resembling cigarettes, cigars, or pipes, designed to deliver nicotine or other substances to users in the form of a vapor smoke that is breathed in then exhaled.

The legislature further finds that because electronic smoking devices are relatively new products, little is known about their use, their characteristics, or their long-term health effects on individual users and public health. However, the United States Food and Drug Administration recently conducted a laboratory analysis on electronic smoking device samples that indicated these products contained detectable levels of known carcinogens and toxic chemicals, including nitrosamines and diethylene glycol, an ingredient used in antifreeze. The analysis also suggested that quality control processes used to manufacture these products were inconsistent or nonexistent.

The legislature additionally finds that in August 2014, the American Heart Association issued new policy recommendations on the use of electronic smoking devices and their impact on tobacco control efforts. The American Heart Association supports the inclusion of electronic smoking devices in smoke-free air laws. Although the toxic substances in electronic smoking devices are lower than those in cigarette smoke, non-smokers could be involuntarily exposed to nicotine in any confined space where electronic smoking devices are used. Furthermore, the use of electronic smoking devices, particularly in public places where smoking is prohibited, has the potential to recreate a social norm pertaining to using tobacco products in public places, thereby unraveling decades of work on comprehensive smoke-free air laws.

In 2006, the legislature passed sweeping legislation designed to protect the public from exposure to secondhand smoke. Codified as chapter 328J, Hawaii Revised Statutes, the law expanded the scope of smoke-free prohibitions in various enclosed and partially enclosed areas but does not currently cover electronic smoking devices. In October 2014, a new policy went into effect banning the use of electronic smoking devices in all state government buildings. A growing number of private entities have developed their own policies regarding use of electronic smoking devices, but there is a lack of statewide consistency regarding the use of these devices.

Accordingly, the purpose of this Act is to create consistency regarding the use of electronic smoking devices in public places and protect public health by amending Hawaii's anti-smoking statute to prohibit the use of electronic smoking devices in places open to the public and other specified locations.

SECTION 2. Section 328J, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read:

""Electronic smoking device" means any electronic product that can be used to simulate smoking in the delivery of nicotine or other substances to the person inhaling from the device including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe, and any cartridge or other component of the device or related product."

2. By amending the definition of "smoke" or "smoking" to read:

""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.~~] inhaling, exhaling, burning, or carrying any lighted smoking equipment used for tobacco; the personal habit commonly known as smoking. "Smoke" or "smoking" includes the use of an electronic smoking device."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Electronic Smoking Device; Smoking; Prohibition

Description:

Amends Hawaii's anti-smoking statute to prohibit the use of electronic smoking devices in places where the smoking of tobacco is currently banned.

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