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SB2509
THE SENATE
S.B. NO.
2509
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" or
"e-cigarettes," which contain significantly higher levels of nicotine
per inhalation compared to conventional cigarettes.
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These devices have been linked to severe lung
disease, potential harm to brain development, and acute nicotine poisoning.
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The
legislature finds that counties are uniquely positioned to quickly address the
health habits of their communities, such as youth vaping, 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.
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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 acknowledges that section 328J-11.5(a), Hawaii Revised Statutes,
provides that "[s]ales 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." 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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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.
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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 finds that an adaptive 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 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:
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(1)
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Repeal the 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)
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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
.
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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 upon its approval.
INTRODUCED BY:
_____________________________
By Request
Report Title:
Package;
Hawaii State Association of Counties; Tobacco Products
Description:
Repeals
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.
�
Clarifies
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.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.