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HB156
HOUSE OF REPRESENTATIVES
H.B. NO.
156
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO TOBACCO PRODUCTS
.
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
death in the United States, including Hawaii.
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The legislature further finds that there has been a precipitous increase
in recent consumer sales of electronic smoking devices, sometimes called
"vapes", which contain significantly higher levels of nicotine per
inhalation compared to conventional cigarettes.
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Electronic smoking devices have played a major role in the increase in
youth nicotine addiction rates, which had previously been on the decline.
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The legislature also finds that counties
are uniquely positioned to quickly address the health needs of their
communities and have been utilizing that ability to great success.
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Historically, Hawaii has passed forward-thinking
legislation to address the high usage of tobacco products.
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These policies 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.
Regulations
to raise the minimum age for the purchase of tobacco products to twenty-one
years of age was first passed in the county of Hawaii, followed by other
counties, and finally by the State to create uniformity.
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Likewise, laws that prohibit smoking in
certain locations, as well as in motor vehicles when a keiki is present, were
also initially adopted at the county level before the State took action.
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The legislature finds that the rate of
tobacco use among the youth has increased to epidemic levels.
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According to the 2019 Hawaii State and
Counties Youth Risk Behavior Surveys, 30.6 per cent of public middle school
students and 48.3 per cent of public high school students have tried using
electronic smoking devices.
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The survey
also revealed that 17.7 per cent of middle school students and 30.6 per cent of
high school students currently vape.
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The legislature also finds that the tobacco
companies have spent millions of dollars to ensure that they are developing and
marketing products to young people to increase their sales and boost their
yearly profits into the tens of billions of dollars.
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These companies have boundless resources to
pour into targeting a new generation of addicts.
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Furthermore, the United States Food and Drug
Administration, which is responsible for regulating tobacco products containing
nicotine, has a lengthy authorization process with loopholes, long waiting
periods, and little ability to regulate the ever-changing strategies of
profit-focused tobacco companies.
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The legislature acknowledges that section
328J-11.5(a), Hawaii Revised Statutes, provides that "sales of cigarettes,
tobacco products, and electronic smoking devices are a matter of statewide
concern" and that 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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(Emphasis added.)
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Section
328J-11.5(b), Hawaii Revised Statues, preempts "[a]ll local ordinances or
regulations that regulate the sale of cigarettes, tobacco products, and
electronic smoking devices" and voids "existing local laws and
regulations conflicting with" chapter 328J, Hawaii Revised Statutes, which
is the state law that regulates smoking.
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Section 328J-11.5(c), Hawaii Revised Statutes, carves out an exception
to the exclusivity of state regulations, by setting forth that nothing in
chapter 328J, Hawaii Revised Statutes, "shall be construed to limit a
county's authority" to adopt ordinances; provided that the ordinance is more
stringent than state law.
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The
legislature acknowledges that the language in section 328J-11.5, Hawaii Revised
Statutes, read together with section 328J-15, Hawaii Revised Statutes, may
create an ambiguity in the effectiveness of county ordinances that are
not
in conflict with chapter 328J, Hawaii Revised Statutes, and the authority given
to the counties in adopting ordinances that regulate the sale of cigarettes,
tobacco products, and electronic smoking devices in their communities.
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The legislature acknowledges that most
counties, including the county of Hawaii, city and county of Honolulu, and
county of Maui, have introduced local legislation to prohibit the sale of
flavored tobacco products to address the unique susceptibility of youths to the
marketing of flavored tobacco products.
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This prohibition is not in conflict with and is more stringent than the
restrictions of chapter 328J, Hawaii Revised Statutes.
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However, this legislation cannot be enacted
until existing state law preempting county ordinances on the sale of tobacco
products is repealed.
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The legislature finds that a flexible
regulation system is needed to address the multibillion-dollar marketing
campaigns of tobacco companies 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 highly
addictive products.
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Accordingly, the purpose of this Act is to:
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(1)
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Repeal
existing law that provides that all local ordinances or regulations that
regulate the sale of cigarettes, tobacco products, and electronic smoking
devices are preempted and that existing local laws and regulations conflicting
with the state law on smoking are null and void; and
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(2)
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Clarify
that counties retain the authority to adopt ordinances that regulate the sale
of cigarettes, tobacco products, and electronic smoking devices, as long as the
ordinances do not conflict with and are more stringent than the state law on
smoking.
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SECTION 2.
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Section 328J-11.5, Hawaii Revised Statutes, is amended to read as
follows:
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"
[
[
]
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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[
.
]
to the extent
reasonably possible.
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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)
]
(b)
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Nothing in this chapter shall be construed to
limit a county's authority [
under
]
to enact ordinances that
regulate
the sale of cigarettes, tobacco products, and electronic smoking devices within
the county in accordance with
section 328J-15
."
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SECTION 3.
�
Section
328J-15, Hawaii Revised Statutes, is
amended by amending subsection (
b) to read as
follows:
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"(b)
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Nothing in this chapter shall prohibit a county from enacting ordinances
that regulate the sale of cigarettes, tobacco products, and electronic
smoking devices within the county; provided that the ordinances do not directly
conflict with and are
more stringent than
the provisions of
this
chapter."
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SECTION 4.
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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 5.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.
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SECTION 6.
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This Act shall take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
Report Title:
Cigarettes, Tobacco Products, and Electronic Smoking
Devices; Sale; Regulation; County Authority
Description:
Repeals existing
law that preempted local ordinances or regulations that regulate the sale of
cigarettes, tobacco products, and electronic smoking devices and nullified and
voided any conflicting local laws and regulations.
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Allows counties to adopt ordinances that
regulate the sale of cigarettes, tobacco products, and electronic smoking
devices that do not conflict with and are more stringent than the state law
that govern smoking.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.