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HB1117
HOUSE OF REPRESENTATIVES
H.B. NO.
1117
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO HEALTH
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The legislature finds that tobacco use
remains the leading cause of preventable disease and death in the United States
and in Hawaii.
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The legislature also
finds that while there has been a significant decline in the use of combustible
cigarettes over the last decade, there has been a dramatic increase in the use
of electronic smoking devices by youth nationwide, but especially by Hawaii's
youth.
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Vaping
in Hawaii has reached epidemic levels.
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According to the 2011 and 2015 Hawaii Youth Tobacco Survey, during these
four years, the proportion of youth experimenting with electronic smoking
devices increased six-fold among middle school youth and four-fold among high
school youth.
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According to the 2021
Hawaii Youth Risk Behavior Survey, thirteen per cent of public middle school
students and thirty-two per cent of public high school students had tried
electronic smoking devices.
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The 2021
Hawaii Youth Risk Behavior Survey also indicates that seven per cent of middle
school students and fifteen per cent of high school students currently
vape.
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The 2021 Hawaii Youth Risk
Behavior Survey also shows the prevalence is higher in the neighbor island
counties with high school vaping at twenty-two per cent for Hawaii County,
eighteen per cent in Maui County, and sixteen per cent in Kauai County.
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As most vaping products contain addictive
levels of nicotine, the elevated use of electronic smoking devices has led to a
significant rise in youth nicotine addiction.
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After
a decade of inaction, the public health problem of youth vaping has evolved and
now affects multiple generations.
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E-cigarette products on the market have dramatically increased in
nicotine content.
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Nationally, sales of
e-cigarettes with the highest levels of nicotine (five per cent or greater)
increased from five per cent of total sales in 2017 to eighty-one per cent in
2022.
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There is also a growing young
adult population of e-cigarette users.
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In 2022, Hawaii Behavioral Risk Factor Surveillance Survey data revealed
that twenty-seven per cent of young adults age eighteen to twenty-four and
twenty-five per cent of adults age twenty-five to thirty-four reported current
vaping.
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Alarmingly, teachers and
administrators throughout Hawaii share anecdotal reports of possession and use
of electronic smoking devices in elementary schools among children as young as
second grade.
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Historically,
Hawaii has passed forward-thinking legislation to address the high usage of
tobacco products, and many ordinances were first adopted at the county level to
quickly address the counties' need to protect their communities from the
relentless promotional targeting by tobacco companies.
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Ordinances to raise the minimum age for the
purchase of tobacco products to twenty-one years were first adopted in Hawaii
County, followed by other counties.
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Subsequently, Hawaii enacted section 712-1258, Hawaii Revised Statutes,
to establish a statewide uniform minimum age of twenty-one years.
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Likewise, ordinances that prohibit smoking in
certain locations, as well as in motor vehicles when keiki are present, were
also initially adopted at the county level before Hawaii took action.
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The
enactment of Act 206, Session Laws of Hawaii 2018, codified as section
328J-11.5, Hawaii Revised Statutes, made the sale of cigarettes, tobacco
products, and electronic smoking devices a matter of statewide concern, and
preempted any existing or future local ordinances that restricted the sale of
these products.
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The tobacco industry has
historically used preemption as a tactic to prevent local governments from
adopting stronger tobacco control measures, thereby protecting its interests at
the expense of public health and Hawaii's youth.
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The
legislature finds that a flexible regulation system is needed to address the
multibillion-dollar marketing campaigns the tobacco companies have focused on
our youth.
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All levels of government,
including counties, need to collaborate with youth, their parents, and
educational institutions, to quickly address the tobacco companies' predatory
practices through the implementation of reasonable restrictions on the sale of
and access to these addictive products.
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Accordingly,
the purpose of this Act is to repeal the preemption on county ordinances that
regulate the sale of cigarettes, tobacco products, and electronic smoking
devices, thereby restoring counties' authority to adopt more stringent
ordinances than state statutes found in the Hawaii Revised Statutes.
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SECTION
2.
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Section 328J-11.5, Hawaii Revised
Statutes, is repealed.
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["
[�328J-11.5]
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Statewide concern.
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(a)
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Sales of cigarettes, tobacco products, and electronic smoking devices
are a statewide concern.
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It is the
intent of the legislature to regulate the sale of cigarettes, tobacco products,
and electronic smoking devices in a uniform and exclusive manner.
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(b)
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All local ordinances or regulations that
regulate the sale of cigarettes, tobacco products, and electronic smoking
devices are preempted, and existing local laws and regulations conflicting with
this chapter are null and void.
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(c)
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Nothing in this chapter shall be construed to
limit a county's authority under section 328J-15.
"]
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SECTION
3.
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This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.
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SECTION
4.
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Statutory material to be repealed is
bracketed and stricken.
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SECTION
5.
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This Act shall take effect upon its
approval.
INTRODUCED BY:
_____________________________
BY REQUEST
Report Title:
Cigarettes;
Tobacco Products; Electronic Smoking Devices; Sales; County Preemption; Repeal
Description:
Repeals
section 328J-11.5, HRS.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.