SB1436

THE SENATE	S.B. NO.	1436
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:

SECTION 1. The legislature finds that tobacco use remains the leading cause of preventable disease and death in the United States and in Hawaii. 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.

Vaping in Hawaii has reached epidemic levels. 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. 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. 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. 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. 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.

After a decade of inaction, the public health problem of youth vaping has evolved and now affects multiple generations. E-cigarette products on the market have dramatically increased in nicotine content. 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. There is also a growing young adult population of e-cigarette users. 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. 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.

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. 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. Subsequently, Hawaii enacted section 712-1258, Hawaii Revised Statutes, to establish a statewide uniform minimum age of twenty-one years. 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.

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 finds that a flexible regulation system is needed to address the multibillion-dollar marketing campaigns the tobacco companies have 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 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 state statutes found in the Hawaii Revised Statutes.

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. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken.

SECTION 5. 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.

SB 1436: RELATING TO HEALTH.

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