Hawaii 2024 Regular Session

Hawaii House Bill HB1778 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HOUSE OF REPRESENTATIVES H.B. NO. 1778 THIRTY-SECOND LEGISLATURE, 2024 H.D. 2 STATE OF HAWAII A BILL FOR AN ACT RELATING TO TOBACCO PRODUCTS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
	1	+	HOUSE OF REPRESENTATIVES H.B. NO. 1778 THIRTY-SECOND LEGISLATURE, 2024 H.D. 1 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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3	3		HOUSE OF REPRESENTATIVES H.B. NO. 1778
4		-	THIRTY-SECOND LEGISLATURE, 2024 H.D. 2
	4	+	THIRTY-SECOND LEGISLATURE, 2024 H.D. 1
5	5		STATE OF HAWAII
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7	7		HOUSE OF REPRESENTATIVES
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9	9		H.B. NO.
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11	11		1778
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13	13		THIRTY-SECOND LEGISLATURE, 2024
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15		-	H.D. 2
	15	+	H.D. 1
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17	17		STATE OF HAWAII
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31	31		A BILL FOR AN ACT
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37	37		RELATING TO TOBACCO PRODUCTS.
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43	43		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47		-	SECTION 1. The purpose of this Act is to: (1) Amend existing law regarding preemption of local ordinances and regulations regulating the sale of cigarettes, tobacco products, and electronic smoking devices as a matter of statewide concern to clarify that the State's preemption power extends solely to the taxation of cigarettes, tobacco products, and electronic smoking devices; and (2) Clarify that counties retain the authority to adopt ordinances ~~and regulations~~ that regulate ~~smoking or~~ 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 and do not impose a fee or tax on the sale of cigarettes, tobacco products, or electronic smoking devices. SECTION 2. Section 328J-11.5, Hawaii Revised Statutes, is amended to read as follows: "[[]§328J-11.5[]] Statewide concern. (a) [Sales] The taxation of cigarettes, tobacco products, and electronic smoking devices are a statewide concern. It is the intent of the legislature to regulate the [sale] taxation of cigarettes, tobacco products, and electronic smoking devices in a uniform and exclusive manner. (b) All local ordinances or regulations that regulate the [sale] taxation 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] to enact ordinances or regulations that regulate ~~smoking or~~ the sale of cigarettes, tobacco products, and electronic smoking devices within the county in accordance with section 328J-15[.]; provided that any ordinance or regulation imposed by the county that imposes a fee or tax on the sale of cigarettes, tobacco products, or electronic smoking devices in conflict with this chapter shall be null and void." 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 ~~or regulations~~ that regulate the sale of cigarettes, tobacco products, and electronic smoking devices within the county; provided that the ordinances ~~or regulations~~ do not directly conflict with and are more stringent than the provisions of this chapter[.]; provided further that a county shall not enact an ordinance ~~or regulation~~ that imposes a fee or tax on the sale of cigarettes, tobacco products, or electronic smoking devices that is in conflict with this chapter." SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. 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, 3000; provided that sections 2 and 3 shall take effect on July 1, 2026.
	47	+	SECTION 1. The purpose of this Act is to: (1) Amend existing law regarding preemption of local ordinances and regulations regulating the sale of cigarettes, tobacco products, and electronic smoking devices as a matter of statewide concern to clarify that the State's preemption power extends solely to the taxation of cigarettes, tobacco products, and electronic smoking devices; 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 and do not impose a fee or tax on the sale of cigarettes, tobacco products, or electronic smoking devices. SECTION 2. Section 328J-11.5, Hawaii Revised Statutes, is amended to read as follows: "[[][§328J-11.5[]] Statewide concern. (a) [Sales] The taxation of cigarettes, tobacco products, and electronic smoking devices are a statewide concern. It is the intent of the legislature to regulate the [sale] taxation of cigarettes, tobacco products, and electronic smoking devices in a uniform and exclusive manner. (b) All local ordinances or regulations that regulate the [sale] taxation 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] to enact ordinances or regulations that regulate the sale of cigarettes, tobacco products, and electronic smoking devices within the county in accordance with section 328J-15[.]; provided that any ordinance or regulation imposed by the county that imposes a fee or tax on the sale of cigarettes, tobacco products, or electronic smoking devices in conflict with this chapter shall be null and void." 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[.]; provided further that a county shall not enact an ordinance that imposes a fee or tax on the sale of cigarettes, tobacco products, or electronic smoking devices that is in conflict with this chapter." SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. 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, 3000; provided that sections 2 and 3 shall take effect on July 1, 2026.
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49	49		SECTION 1. The purpose of this Act is to:
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51	51		(1) Amend existing law regarding preemption of local ordinances and regulations regulating the sale of cigarettes, tobacco products, and electronic smoking devices as a matter of statewide concern to clarify that the State's preemption power extends solely to the taxation of cigarettes, tobacco products, and electronic smoking devices; and
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53		-	(2) Clarify that counties retain the authority to adopt ordinances ~~and regulations~~ that regulate ~~smoking or~~ 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 and do not impose a fee or tax on the sale of cigarettes, tobacco products, or electronic smoking devices.
	53	+	(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 and do not impose a fee or tax on the sale of cigarettes, tobacco products, or electronic smoking devices.
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55	55		SECTION 2. Section 328J-11.5, Hawaii Revised Statutes, is amended to read as follows:
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57		-	"[[]§328J-11.5[]] Statewide concern. (a) [Sales] The taxation of cigarettes, tobacco products, and electronic smoking devices are a statewide concern. It is the intent of the legislature to regulate the [sale] taxation of cigarettes, tobacco products, and electronic smoking devices in a uniform and exclusive manner.
	57	+	"[[][§328J-11.5[]] Statewide concern. (a) [Sales] The taxation of cigarettes, tobacco products, and electronic smoking devices are a statewide concern. It is the intent of the legislature to regulate the [sale] taxation of cigarettes, tobacco products, and electronic smoking devices in a uniform and exclusive manner.
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59	59		(b) All local ordinances or regulations that regulate the [sale] taxation 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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61		-	(c) Nothing in this chapter shall be construed to limit a county's authority [under] to enact ordinances or regulations that regulate ~~smoking or~~ the sale of cigarettes, tobacco products, and electronic smoking devices within the county in accordance with section 328J-15[.]; provided that any ordinance or regulation imposed by the county that imposes a fee or tax on the sale of cigarettes, tobacco products, or electronic smoking devices in conflict with this chapter shall be null and void."
	61	+	(c) Nothing in this chapter shall be construed to limit a county's authority [under] to enact ordinances or regulations that regulate the sale of cigarettes, tobacco products, and electronic smoking devices within the county in accordance with section 328J-15[.]; provided that any ordinance or regulation imposed by the county that imposes a fee or tax on the sale of cigarettes, tobacco products, or electronic smoking devices in conflict with this chapter shall be null and void."
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63	63		SECTION 3. Section 328J-15, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
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65		-	"(b) Nothing in this chapter shall prohibit a county from enacting ordinances ~~or regulations~~ that regulate the sale of cigarettes, tobacco products, and electronic smoking devices within the county; provided that the ordinances ~~or regulations~~ do not directly conflict with and are more stringent than the provisions of this chapter[.]; provided further that a county shall not enact an ordinance ~~or regulation~~ that imposes a fee or tax on the sale of cigarettes, tobacco products, or electronic smoking devices that is in conflict with this chapter."
	65	+	"(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[.]; provided further that a county shall not enact an ordinance that imposes a fee or tax on the sale of cigarettes, tobacco products, or electronic smoking devices that is in conflict with this chapter."
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67	67		SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
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69	69		SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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71	71		SECTION 6. This Act shall take effect on July 1, 3000; provided that sections 2 and 3 shall take effect on July 1, 2026.
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73		-	Report Title: Cigarettes, Tobacco Products, and Electronic Smoking Devices; Taxation; Sale; Regulation; County Authority Description: Beginning 7/1/2026, amends existing law regarding preemption of local ordinances and regulations regulating the sale of cigarettes, tobacco products, and electronic smoking devices as a matter of statewide concern to clarify that the State's preemption power extends solely to the taxation of cigarettes, tobacco products, and electronic smoking devices and allows counties to adopt ordinances and regulations that regulate smoking or 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. Prohibits the counties from enacting an ordinance or a regulation that imposes a fee or tax on the sale of cigarettes, tobacco products, or 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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	73	+	Report Title: Cigarettes, Tobacco Products, and Electronic Smoking Devices; Taxation; Sale; Regulation; County Authority Description: Beginning 7/1/2026, amends existing law regarding preemption of local ordinances and regulations regulating the sale of cigarettes, tobacco products, and electronic smoking devices as a matter of statewide concern to clarify that the State's preemption power extends solely to the taxation of cigarettes, tobacco products, and electronic smoking devices and 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. Prohibits the counties from enacting an ordinance or a regulation that imposes a fee or tax on the sale of cigarettes, tobacco products, or electronic smoking devices. 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.
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79	77		Report Title:
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81	79		Cigarettes, Tobacco Products, and Electronic Smoking Devices; Taxation; Sale; Regulation; County Authority
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85	83		Description:
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87		-	Beginning 7/1/2026, amends existing law regarding preemption of local ordinances and regulations regulating the sale of cigarettes, tobacco products, and electronic smoking devices as a matter of statewide concern to clarify that the State's preemption power extends solely to the taxation of cigarettes, tobacco products, and electronic smoking devices and allows counties to adopt ordinances ~~and regulations~~ that regulate ~~smoking or~~ 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. Prohibits the counties from enacting an ordinance or a regulation that imposes a fee or tax on the sale of cigarettes, tobacco products, or electronic smoking devices. Effective 7/1/3000. (~~HD2~~)
	85	+	Beginning 7/1/2026, amends existing law regarding preemption of local ordinances and regulations regulating the sale of cigarettes, tobacco products, and electronic smoking devices as a matter of statewide concern to clarify that the State's preemption power extends solely to the taxation of cigarettes, tobacco products, and electronic smoking devices and 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. Prohibits the counties from enacting an ordinance or a regulation that imposes a fee or tax on the sale of cigarettes, tobacco products, or electronic smoking devices. Effective 7/1/3000. (HD1)
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95	93		The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.