HB 1563: Keiki Caucus; Cigarettes, Tobacco Products, and Electronic Smoking Devices; Sale; Regulation; County Authority
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2026-02-19
Current Status:
Failed
(2026-03-10: Referred to HHS/EIG, CPN/JDC.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
This bill removes the state ban that stopped counties from passing rules on the sale of cigarettes, tobacco products, and electronic smoking devices, restoring local control to counties. It allows counties to set their own, possibly stricter, rules on how these products are sold, including measures like limits on flavored products.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Repeals the preemption on county ordinances that regulate the sale of cigarettes, tobacco products, and electronic smoking devices. Effective 7/1/3000. (HD2)
Repeals the preemption on county ordinances that regulate the sale of cigarettes, tobacco products, and electronic smoking devices. 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. Effective 7/1/3000. (HD1)
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.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1563 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TOBACCO PRODUCTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that tobacco use remains the leading cause of preventable death in the United States, including Hawaii. 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. Electronic smoking devices have played a major role in the increase in youth nicotine addiction rates, which had previously been on the decline.
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. Historically, Hawaii has passed forward-thinking legislation to address the high usage of tobacco products. 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. 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.
The legislature finds that the rate of tobacco use among youth has increased to epidemic levels. 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. The survey also revealed that 17.7 per cent of middle school students and 30.6 per cent of high school students currently vape.
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. 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.
The legislature acknowledges that 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. This prohibition is not in conflict with and is more stringent than the restrictions of chapter 328J, Hawaii Revised Statutes. However, this legislation cannot be enacted until existing state law preempting county ordinances on the sale of tobacco products is repealed.
The legislature finds that a flexible regulation system is needed to address the multibillion-dollar marketing campaigns of tobacco companies focused on the State's youth. 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.
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 that which is found in state law.
SECTION 2. Section 328J-11.5, Hawaii Revised Statutes, is repealed.
["[§328J-11.5] Statewide
concern. (a) Sales of cigarettes, tobacco products, and
electronic smoking devices are a statewide concern. 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.
(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.
(c) Nothing in this chapter shall be construed to
limit a county's authority under section 328J-15."]
SECTION 3. Statutory material to be repealed is
bracketed and stricken.
SECTION 4. This Act shall take effect on July 1, 3000.
Report Title:
Keiki Caucus; Cigarettes, Tobacco Products, and Electronic Smoking Devices; Sale; Regulation; County Authority
Description:
Repeals the preemption on county ordinances that regulate the sale of cigarettes, tobacco products, and electronic smoking devices. Effective 7/1/3000. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1563 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TOBACCO PRODUCTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that tobacco use remains the leading cause of preventable death in the United States, including Hawaii. 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. Electronic smoking devices have played a major role in the increase in youth nicotine addiction rates, which had previously been on the decline.
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. Historically, Hawaii has passed forward-thinking legislation to address the high usage of tobacco products. 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. 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.
The legislature finds that the rate of tobacco use among youth has increased to epidemic levels. 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. The survey also revealed that 17.7 per cent of middle school students and 30.6 per cent of high school students currently vape.
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. 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.
The legislature acknowledges that 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. This prohibition is not in conflict with and is more stringent than the restrictions of chapter 328J, Hawaii Revised Statutes. However, this legislation cannot be enacted until existing state law preempting county ordinances on the sale of tobacco products is repealed.
The legislature finds that a flexible regulation system is needed to address the multibillion-dollar marketing campaigns of tobacco companies focused on the State's youth. 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.
Accordingly, the purpose of this Act is to:
(1) 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; and
(2) 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.
SECTION 2. Section 328J-11.5, Hawaii Revised Statutes, is repealed.
["[§328J-11.5] Statewide
concern. (a) Sales of cigarettes, tobacco products, and
electronic smoking devices are a statewide concern. 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.
(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.
(c) Nothing in this chapter shall be construed to
limit a county's authority under section 328J-15."]
SECTION 3. Section 328J-15, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) 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."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000.
Report Title:
Keiki Caucus; Cigarettes, Tobacco Products, and Electronic Smoking Devices; Sale; Regulation; County Authority
Description:
Repeals the preemption on county ordinances that regulate the sale of cigarettes, tobacco products, and electronic smoking devices. 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. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1563 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to tobacco products.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that tobacco use remains the leading cause of preventable death in the United States, including Hawaii. 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. Electronic smoking devices have played a major role in the increase in youth nicotine addiction rates, which had previously been on the decline.
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. Historically, Hawaii has passed forward-thinking legislation to address the high usage of tobacco products. 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. 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.
The legislature finds that the rate of tobacco use among the youth has increased to epidemic levels. 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. The survey also revealed that 17.7 per cent of middle school students and 30.6 per cent of high school students currently vape.
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. These companies have boundless resources to pour into targeting a new generation of addicts. 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.
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." (Emphasis added.) 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. 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. 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.
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. This prohibition is not in conflict with and is more stringent than the restrictions of chapter 328J, Hawaii Revised Statutes. However, this legislation cannot be enacted until existing state law preempting county ordinances on the sale of tobacco products is repealed.
The legislature finds that a flexible regulation system is needed to address the multibillion-dollar marketing campaigns of tobacco companies focused on our youth. 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.
Accordingly, the purpose of this Act is to:
(1) 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
(2) 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.
SECTION 2. Section 328J-11.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§328J-11.5[]]
Statewide concern. (a) Sales of cigarettes, tobacco products, and
electronic smoking devices are a statewide concern. 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.
[(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.
(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."
SECTION 3. Section 328J-15, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) 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."
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, 2026.
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INTRODUCED BY: |
_____________________________ |
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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.
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Date
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Status
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|---|---|
| Mar 10, 2026 | Referred to HHS/EIG, CPN/JDC. |
| Mar 10, 2026 | Passed First Reading. |
| Mar 10, 2026 | Received from House (Hse. Com. No. 136). |
| Mar 6, 2026 | Passed Third Reading with Representative(s) Garcia, Gedeon, Reyes Oda voting aye with reservations; Representative(s) Kong voting no (1) and Representative(s) Perruso, Quinlan, Sayama excused (3). Transmitted to Senate. |
| Mar 6, 2026 | Reported from FIN (Stand. Com. Rep. No. 978-26), recommending passage on Third Reading. |
| Mar 4, 2026 | The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 16 Ayes: Representative(s) Todd, Takenouchi, Hartsfield, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lee, M., Miyake, Morikawa, Perruso, Templo, Yamashita; Ayes with reservations: Representative(s) Alcos, Gedeon, Reyes Oda; Noes: none; and Excused: none. |
| Mar 2, 2026 | Bill scheduled to be heard by FIN on Wednesday, 03-04-26 10:00AM in House conference room 308 VIA VIDEOCONFERENCE. |
| Feb 20, 2026 | Report adopted; referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Quinlan excused (1). |
| Feb 20, 2026 | Reported from CPC (Stand. Com. Rep. No. 672-26) as amended in HD 2, recommending referral to FIN. |
| Feb 12, 2026 | The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Matayoshi, Grandinetti, Chun, Ilagan, Ichiyama, Iwamoto, Kong, Lowen, Marten, Pierick; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Tam. |
| Feb 10, 2026 | Bill scheduled to be heard by CPC on Thursday, 02-12-26 2:00PM in House conference room 329 VIA VIDEOCONFERENCE. |
| Feb 10, 2026 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with none voting aye with reservations; none voting no (0) and none excused (0). |
| Feb 9, 2026 | Reported from HLT (Stand. Com. Rep. No. 56-26) as amended in HD 1, recommending passage on Second Reading and referral to CPC. |
| Feb 4, 2026 | The committee on HLT recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Takayama, Keohokapu-Lee Loy, Amato, Hartsfield, Marten, Olds, Takenouchi, Alcos, Garcia; Ayes with reservations: none; Noes: none; and Excused: none. |
| Jan 30, 2026 | Bill scheduled to be heard by HLT on Wednesday, 02-04-26 9:00AM in House conference room 329 VIA VIDEOCONFERENCE. |
| Jan 26, 2026 | Referred to HLT, CPC, FIN, referral sheet 1 |
| Jan 21, 2026 | Introduced and Pass First Reading. |
| Jan 15, 2026 | Prefiled. |
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Date
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Description
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Location
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Votes
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| Mar 6, 2026 | Third Reading | House Floor |
Passed |
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| Mar 4, 2026 | The committee on FIN recommend that the measure be PASSED, UNAMENDED | House Standing Committee on Finance |
Passed |
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| Feb 12, 2026 | The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Consumer Protection & Commerce |
Passed |
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| Feb 4, 2026 | The committee on HLT recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Health |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| ABC Stores | ** Against | |
| Ala Wai Service | ** Against | |
| Aloha Discount Liquor | *** Against | Mar 4, 2026 |
| AlohaCare | ** Support | |
| America Cancer Society Cancer Action Network | ** Support | |
| American Lung Association | ** Support | |
| American Heart Association | ** Support | |
| Campaign for Tobacco-Free Kids | ** Support | |
| Campbell Stop & Shop | ** Against | |
| Cigar Association of America, Inc. | ** Against | |
| Coalition for a Tobacco-Free Hawaiʻi | ** Support | |
| Coalition for a Tobacco-Free Hawaiʻi Youth Council | ** Support | |
| Department of Health | ** Support | |
| Department of Health | *** Support | Feb 12, 2026 |
| Department of the Attorney General | ** Support | |
| Easley Corp | ** Against | |
| Friends of Kamalani & Lydgate Park | ** Support | |
| Habilitat, Inc. | ** Support | |
| Hamakua-Kohala Health | *** Support | Mar 4, 2026 |
| Hawaii Chapter of the American Academy of Pediatrics | ** Support | |
| Hawaii COPD Coalition | ** Support | |
| Hawaii Medical Association | ** Support | |
| Hawaii Primary Care Association | ** Support | |
| hawaii smokers alliance | ** Against | |
| Hawaii Substance Abuse Coalition | ** Support | |
| Hawaiʻi Children's Action Network Speaks! | ** Support | |
| Hawaiʻi Pacific Health | ** Support | |
| Hawaiʻi Public Health Association | ** Support | |
| Hawaiʻi Chapter of the American Academy of Pediatrics | *** Support | Mar 4, 2026 |
| Hawaiʻi Health & Harm Reduction Center | ** Support | |
| Hawaiʻi State Association of Counties | ** Support | |
| Hawai‘i County Council | *** Support | Feb 12, 2026 |
| Hawai‘i County Council (District 2) | *** Support | Feb 4, 2026 |
| Hawai‘i County Council - District 2 | *** Support | Mar 4, 2026 |
| Hawai‘i State Association of Counties (HSAC) | *** Support | Mar 4, 2026 |
| Hina Mauka | ** Support | |
| KAGRO | ** Against | |
| Kapi'olani Smokefree Families Program | *** Support | Feb 4, 2026 |
| Kapi’olani Smokefree Families Program | *** Support | Mar 4, 2026 |
| Kaua‘i County Council | *** Support | Mar 4, 2026 |
| Keaau Shell | ** Against | |
| Lanai Community Health Center | *** Support | Feb 4, 2026 |
| Marukin Market | ** Against | |
| Mental Health America of Hawaiʻi | ** Support | |
| Mental Health America of Hawaii | *** Support | Feb 4, 2026 |
| Non Stop Convenience | ** Against | |
| Parents and Children Together | ** Support | |
| R Street Institute | ** Against | |
| R&K Liquor | ** Against | |
| State Health Planning and Development Agency | ** Support | |
| The Easley Corp | *** Against | Mar 4, 2026 |
| The Friends of Kamalani & Lydgate Park | ** Support | |
| Tobacco-Freed Kids Action Fund | ** Support | |
| TransPac Group (on behalf of Hawaii wholesalers and retail partners) | *** Against | Mar 4, 2026 |
| UH Student Health Advisory Council | ** Support | |
| University of Hawaii Student Health Advisory Council | ** Support | |
| Waialae Mini Mart | ** Against | |
| Waialae Mini Mart | *** Against | Mar 4, 2026 |
STAND. COM. REP. NO. 978-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 1563
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Finance, to which was referred H.B. No. 1563, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO TOBACCO PRODUCTS,"
begs leave to report as follows:
Your Committee received testimony in support of this measure from the Department of Health; Department of the Attorney General; State Health Planning and Development Agency; one member of the Kauai County Council; one member of the Hawaiʻi County Council; Friends of Kamalani & Lydgate Park; American Heart Association; Hawaii Substance Abuse Coalition; Hina Mauka; Parents and Children Together; America Cancer Society Cancer Action Network; Campaign for Tobacco-Free Kids; Tobacco-Freed Kids Action Fund; Hawaii Primary Care Association; Coalition for a Tobacco-Free Hawaiʻi; Hawaiʻi Health & Harm Reduction Center; Coalition for a Tobacco-Free Hawaiʻi Youth Council; Hawaii COPD Coalition; Hawaiʻi Children's Action Network Speaks!; Hawaiʻi Public Health Association; Hawaii Medical Association; Hawaiʻi State Association of Counties; Hawaiʻi Pacific Health; University of Hawaii Student Health Advisory Council; American Lung Association; Hawaii Chapter of the American Academy of Pediatrics; and numerous individuals. Your Committee received testimony in opposition to this measure from the R Street Institute; Keaau Shell; Hawaii Smokers Alliance; Cigar Association of America, Inc.; Easley Corp; KAGRO; Non Stop Convenience; ABC Stores; R&K Liquor; Waialae Mini Mart; Campbell Stop & Shop; Marukin Market; Ala Wai Service; and numerous individuals.
As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1563, H.D. 2, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Finance,
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____________________________ CHRIS TODD, Chair |
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STAND. COM. REP. NO. 672-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 1563
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1563, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO TOBACCO PRODUCTS,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Repeal existing law that provides that all local ordinances and regulations regulating the sale of cigarettes, tobacco products, and electronic smoking devices are preempted and that existing laws and regulations that conflict with the state law on smoking are null and void; and
(2) Clarify that counties retain the authority to adopt ordinances that regulate the sale of cigarettes, tobacco products, and electronic smoking devices so long as they do not conflict and are more stringent than the state law on smoking.
Your Committee received testimony in support of this measure from the Department of Health; State Health Planning and Development Agency; one member of the Hawaiʻi County Council; Hawaiʻi State Association of Counties; Hawaii COPD Coalition; American Lung Association; Hawaiʻi Pacific Health; The Friends of Kamalani & Lydgate Park; Hawaiʻi Children's Action Network Speaks!; Hawaii Substance Abuse Coalition; Hawaii Medical Association; Parents And Children Together; Hawaiʻi Health & Harm Reduction Center; Coalition for a Tobacco-Free Hawaiʻi; Coalition for a Tobacco-Free Hawaiʻi Youth Council; Hawaiʻi Chapter of the American Academy of Pediatrics; AlohaCare; Hawaii Primary Care Association; Campaign for Tobacco-Free Kids; Tobacco-Free Kids Action Fund; American Heart Association; Hawaiʻi Public Health Association; UH Student Health Advisory Council; Hina Mauka; Habilitat, Inc.; and numerous individuals. Your Committee received testimony in opposition to this measure from the Hawaii Smokers Alliance; Cigar Association of American, Inc.; and five individuals. Your Committee received comments on this measure from the Department of the Attorney General and American Cancer Society Cancer Action Network.
Your Committee finds that geographic tobacco related disparities are a serious public health problem in the State and innovative, community-based solutions are needed. While nine percent of adults in the general population smoke, adults in Hawaii County have the highest prevalence of smoking at 14.5 percent. Smoking rates within some communities are higher, such as in Puna/Kau at 20.7 percent and Lahaina/Wailuku at 15.4 percent. For young adults ages eighteen to twenty-four, Maui County has the highest electronic smoking device use at twenty-five percent.
Your Committee further finds that, historically, local communities in the State have been visionaries in adopting strong and innovative public health and tobacco control policies that have changed social norms across the State. All counties passed the clean indoor law (smoke-free workplaces) before the State passed legislation. Hawaii County raised the age to purchase tobacco products to twenty-one before the rest of the State. This measure will return the authority to the counties to regulate tobacco products.
Your Committee has amended this measure by:
(1) Deleting language that could be inadvertently interpreted as limiting the counties' existing authority to regulate smoking; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1563, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 1563, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,
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____________________________ SCOT Z. MATAYOSHI, Chair |
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STAND. COM. REP. NO. 56-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 1563
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Health, to which was referred H.B. No. 1563 entitled:
"A BILL FOR AN ACT RELATING TO TOBACCO PRODUCTS,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Repeal existing law that provides that all local ordinances and regulations regulating the sale of cigarettes, tobacco products, and electronic smoking devices are preempted and that existing laws and regulations that conflict with the state law on smoking are null and void; and
(2) Clarify that counties retain the authority to adopt ordinances that regulate the sale of cigarettes, tobacco products, and electronic smoking devices so long as they do not conflict and are more stringent than the state law on smoking.
Your Committee received testimony in support of this measure from the Department of the Attorney General; Department of Health; State Health Planning and Development Agency; one member from the Hawaiʻi County Council; Hawaii COPD Coalition; Hawaii Substance Abuse Coalition; Hina Mauka; Parents and Children Together; Mental Health America of Hawaiʻi; Coalition for a Tobacco-Free Hawaiʻi; Hawaiʻi Pacific Health; Hawaiʻi Health & Harm Reduction Center; Coalition for a Tobacco-Free Hawaiʻi Youth Council; Hawaii Primary Care Association; Hawaii Medical Association; Hawaiʻi Children's Action Network Speaks!; American Heart Association; American Lung Association; and numerous individuals. Your Committee received testimony in opposition to this measure from the Hawaii Smokers Alliance; Cigar Association of American, Inc.; and seven individuals.
Your Committee finds that tobacco use remains the leading cause of preventable death in Hawaii and recent years have seen a precipitous increase in tobacco use and the use of electronic smoking devices by Hawaii's youth. Your Committee further finds that the counties are uniquely positioned to address the health needs of their communities and have historically been able to quickly adopt policies to address high tobacco usage in their communities. However existing law may create an ambiguity in the effectiveness of county ordinances that regulate the sale of cigarettes, tobacco products, and electronic smoking devices in their communities and may prevent legislation passed by the counties from taking effect. Your Committee believes that while the State remains committed to reducing the use of tobacco and e-cigarette products, particularly by Hawaii's youth, across the State, a more flexible regulatory system is needed at this time to address the unique needs of each county.
Your Committee has amended this measure by:
(1) Repealing section 328J-11.5, Hawaii Revised Statutes, which establishes the regulation of the sale of cigarettes, tobacco products, and electronic smoking devices as a matter of statewide concern, in its entirety;
(2) Deleting the savings clause;
(3) Changing the effective date to July 1, 3000, to encourage further discussion; and
(4) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1563, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1563, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.
Respectfully submitted on behalf of the members of the Committee on Health,
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____________________________ GREGG TAKAYAMA, Chair |
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Date
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Testimony PDF
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| Mar 4, 2026 | HB1563_HD2_TESTIMONY_FIN_03-04-26_.PDF |
| Feb 12, 2026 | HB1563_HD1_TESTIMONY_CPC_02-12-26_.PDF |
| Feb 4, 2026 | HB1563_TESTIMONY_HLT-HSH_02-04-26_.PDF |
Discussed in Hearing
26MIN
House Standing Committee on Finance
22SEC
House Standing Committee on Consumer Protection & Commerce
2MIN
House Standing Committee on Consumer Protection & Commerce
6MIN
House Standing Committee on Consumer Protection & Commerce
1MIN
House Standing Committee on Consumer Protection & Commerce
9MIN
House Standing Committee on Health
9MIN
House Standing Committee on Human Services & Homelessness
2MIN
House Standing Committee on Health
Bill Author
Bill Co-Author(s):
