Bill Text: HI SB2304 | 2018 | Regular Session | Amended
Bill Title: Relating To Tobacco.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2018-03-23 - Report adopted. referred to the committee(s) on JUD as amended in HD 2 with none voting aye with reservations; Representative(s) Tupola voting no (1) and Representative(s) C. Lee, Lowen, McDermott, Souki, Tokioka excused (5). [SB2304 Detail]
Download: Hawaii-2018-SB2304-Amended.html
|
THE SENATE |
S.B. NO. |
2304 |
|
TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 2 |
|
|
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 found that twenty-five per cent of high school students and fifteen per cent of middle school students reported using electronic vapor products in the thirty days preceding the survey. The popularity of these devices is concerning, as electronic smoking devices are not safe alternatives to other tobacco products, and exposure to nicotine increases the risk of addiction and may disrupt critical brain development.
The legislature recognizes that tobacco advertising and retailers suggest that 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 on marketing 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 hundred 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, reduce tobacco-related health disparities, and most importantly, reduce youth tobacco use, especially the use of electronic smoking devices.
The purpose of this Act is to reduce the use of, access to, and exposure to tobacco products by youth by prohibiting the issuance and renewal of retail tobacco permits for, and the sale of a tobacco product or an electronic smoking device at, a place of business within five hundred feet of preschools, schools, and public playgrounds.
SECTION 2. Chapter 328J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§328J- 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 five hundred
feet of a public or private preschool; a public or private elementary,
intermediate, or high school; or
public playground utilized extensively by minors. The distance of five hundred feet shall be
measured from the boundary of the preschool, school, or a public playground to the boundary of the place of
business' premises. Public or private
beaches and public or private day care centers located in or adjacent to
commercial areas shall not be deemed schools or public playgrounds for purposes
of this subsection. Vocational or
licensing schools, or other schools attended primarily by adults, shall not be
considered schools for the purposes of this subsection.
(b) Any
person who violates this section shall be fined $500 for the offense and no
less than $500 and no more than $2,000 for each subsequent offense. Each day a violation continues shall
constitute a separate offense.
(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 five hundred feet of a public or private preschool; a public or private
elementary, intermediate, or high school;
or a public playground utilized extensively by minors. 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 five hundred feet of a public or private preschool; a
public or private elementary, intermediate, or high school; or a public playground utilized extensively by minors, for
any period beginning after November 30, 2019. 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. The distance of
five hundred feet shall be measured from the boundary of the preschool, school, or public playground to the
boundary of the place of business' premises.
Public or private beaches, and public or private day care centers
located in or adjacent to commercial areas shall not be deemed schools or
public playgrounds for purposes of this subsection. Vocational or licensing schools, or other
schools attended primarily by adults, shall not be considered schools for the
purposes of this subsection."
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, 2050; provided that section 2 shall take effect on December 1, 2051.
Report Title:
Tobacco; Electronic Smoking Devices; Tobacco Retailer Buffer Zones; Keiki Caucus
Description:
Prohibits the issuance and renewal beyond 11/30/2019, of retail tobacco permits for businesses that are located within 500 feet of a preschool, school, or certain public playgrounds. Beginning on 12/1/2019, prohibits the sale of tobacco products and electronic smoking devices by businesses that are located within 500 feet of a preschool, school, or certain public playgrounds. Effective 7/1/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
