STAND. COM. REP. NO. 2352

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1168

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Human Services, to which was referred S.B. No. 1168 entitled:

 

"A BILL FOR AN ACT RELATING TO TOBACCO PRODUCTS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to prohibit the use of tobacco products by minors and establish penalties for a violation.

 

     Your Committee received testimony in opposition to this measure from the Department of Health, American Heart Association/American Stroke Association, and Coalition for a Tobacco-Free Hawaii.

 

     Your Committee finds that this measure focuses tobacco enforcement efforts on punishing the victims of tobacco, rather than addressing the victimizers.  Evidence indicates that the tobacco industry pays retailers exorbitant product placement fees to ensure that tobacco products are located where they will become easily recognizable by youths, often next to candy or other sweet items that attract children's attention.  The industry knows that it needs to imprint its brand on minors today to assure that they will eventually become addicted adult tobacco users.

Rather than shifting the focus to youth possession of tobacco products, focus should be shifted to the root cause of the problem - tobacco industry marketing tactics.

 

     Your Committee has amended this measure by:

 

(1)  Deleting references to penalties for the minor;

 

(2)  Authorizing a law enforcement officer to confiscate any tobacco used in violation of the prohibition on the use of tobacco by minors; and

 

(3)  Changing the effective date to January 1, 2050, to ensure further discussion.

 

     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1168, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1168, S.D. 1, and be referred to the Committee on Judiciary and Labor.

 

Respectfully submitted on behalf of the members of the Committee on Human Services,

 

 

 

____________________________

SUZANNE CHUN OAKLAND, Chair