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HB1563
HOUSE OF REPRESENTATIVES
H.B. NO.
1563
THIRTY-THIRD LEGISLATURE, 2026
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 were 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 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 Statutes,
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 such 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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"
[
[
]�
328J-11.5[
]
]
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Statewide concern.
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(a)
�
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)
�
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)
�
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
.
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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, 2026.
INTRODUCED BY:
_____________________________
Report Title:
Keiki Caucus; Cigarettes, Tobacco Products, and Electronic
Smoking Devices; Sale; Regulation; County Authority
Description:
Repeals existing
law that preempts local ordinances or regulations that regulate the sale of
cigarettes, tobacco products, and electronic smoking devices and voids any existing
local laws and regulations conflicting with the state law governing smoking.
�
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 governs smoking.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.