Hawaii 2024 Regular Session

Hawaii House Bill HB2676 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 2676 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to public schools. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 2676
4	4	THIRTY-SECOND LEGISLATURE, 2024
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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13	13	THIRTY-SECOND LEGISLATURE, 2024
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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 public schools.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that the existing statutory prohibition on tobacco in public schools may be narrowly construed to not account for the growing sector of new electronic smoking devices that deliver nicotine to youth. While the United States Food and Drug Administration has classified vapes and electronic cigarettes as tobacco products, the existing statutory prohibition is vague as to whether the prohibition extends to such devices. Additionally, the existing statutory prohibition on tobacco in public schools extends only to the use of tobacco, not the possession. This oversight allows students to be in possession of tobacco without being in violation of the existing statutory prohibition. The legislature further finds that in October 2022, the annual Hawaii children and youth summit convened children from across the State to help prioritize issues for Hawaii's youth. Through their discussion, the children highlighted the need to create middle and high school programs with peer-to-peer support, establish therapy and counseling services that emphasize the consequences of smoking, and increase awareness about health education in schools. Accordingly, the purpose of this Act is to: (1) Update and expand the statutory prohibition on the use of tobacco at public schools to include prohibiting the possession and use of electronic smoking devices; and (2) Require the department of education to be responsible for educating students, employees, and visitors about the smoking and tobacco use prohibitions. SECTION 2. Section 302A-102, Hawaii Revised Statutes, is amended to read as follows: "§302A-102 [Smoking] Tobacco products and electronic smoking devices prohibited. (a) All public schools within the State, from kindergarten through grade twelve, shall prohibit the possession and use of tobacco products and electronic smoking devices at public schools or at public school functions. (b) The department shall be responsible for educating students, employees, and visitors about the smoking and tobacco use prohibitions pursuant to this section. Clearly legible signs shall: (1) Be prominently displayed at all entrances to the premises and at other conspicuous outdoor locations throughout the premises; and (2) State that smoking, including the use of electronic smoking devices, electronic nicotine delivery systems, and tobacco use, are prohibited by law. (c) For the purposes of this section: "Cigarette" has the same meaning as in section 486P-1. "Electronic nicotine delivery system": (1) Means any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device; (2) Includes: (A) An e-cigarette; (B) An e-hookah; (C) An e-cigar; (D) A vape pen; (E) An advanced refillable personal vaporizer; (F) An electronic pipe; and (G) Any component, liquid, part, or accessory of a device described in paragraph (1), without regard to whether the component, liquid, part, or accessory is sold separately from the device; and (3) Does not include a product that is: (A) Approved by the United States Food and Drug Administration for: (i) Sale as a tobacco cessation product; or (ii) Any other therapeutic purpose; and (B) Marketed and sold solely for a purpose described in subparagraph (A). "Electronic smoking device" has the same meaning as in section 304A-122. "Premises" means all indoor and outdoor areas within property owned or controlled by the department or for which the department is otherwise responsible. "Smoke" or "smoking" has the same meaning as in section 304A-122. "Tobacco product" has the same meaning as in section 712-1258. "Tobacco use" has the same meaning as in section 304A-122." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 2024. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that the existing statutory prohibition on tobacco in public schools may be narrowly construed to not account for the growing sector of new electronic smoking devices that deliver nicotine to youth. While the United States Food and Drug Administration has classified vapes and electronic cigarettes as tobacco products, the existing statutory prohibition is vague as to whether the prohibition extends to such devices. Additionally, the existing statutory prohibition on tobacco in public schools extends only to the use of tobacco, not the possession. This oversight allows students to be in possession of tobacco without being in violation of the existing statutory prohibition.
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51	51	The legislature further finds that in October 2022, the annual Hawaii children and youth summit convened children from across the State to help prioritize issues for Hawaii's youth. Through their discussion, the children highlighted the need to create middle and high school programs with peer-to-peer support, establish therapy and counseling services that emphasize the consequences of smoking, and increase awareness about health education in schools.
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53	53	Accordingly, the purpose of this Act is to:
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55	55	(1) Update and expand the statutory prohibition on the use of tobacco at public schools to include prohibiting the possession and use of electronic smoking devices; and
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57	57	(2) Require the department of education to be responsible for educating students, employees, and visitors about the smoking and tobacco use prohibitions.
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59	59	SECTION 2. Section 302A-102, Hawaii Revised Statutes, is amended to read as follows:
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61	61	"§302A-102 [Smoking] Tobacco products and electronic smoking devices prohibited. (a) All public schools within the State, from kindergarten through grade twelve, shall prohibit the possession and use of tobacco products and electronic smoking devices at public schools or at public school functions.
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63	63	(b) The department shall be responsible for educating students, employees, and visitors about the smoking and tobacco use prohibitions pursuant to this section. Clearly legible signs shall:
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65	65	(1) Be prominently displayed at all entrances to the premises and at other conspicuous outdoor locations throughout the premises; and
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67	67	(2) State that smoking, including the use of electronic smoking devices, electronic nicotine delivery systems, and tobacco use, are prohibited by law.
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69	69	(c) For the purposes of this section:
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71	71	"Cigarette" has the same meaning as in section 486P-1.
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73	73	"Electronic nicotine delivery system":
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75	75	(1) Means any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device;
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77	77	(2) Includes:
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79	79	(A) An e-cigarette;
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81	81	(B) An e-hookah;
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83	83	(C) An e-cigar;
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85	85	(D) A vape pen;
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87	87	(E) An advanced refillable personal vaporizer;
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89	89	(F) An electronic pipe; and
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91	91	(G) Any component, liquid, part, or accessory of a device described in paragraph (1), without regard to whether the component, liquid, part, or accessory is sold separately from the device; and
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93	93	(3) Does not include a product that is:
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95	95	(A) Approved by the United States Food and Drug Administration for:
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97	97	(i) Sale as a tobacco cessation product; or
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99	99	(ii) Any other therapeutic purpose; and
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101	101	(B) Marketed and sold solely for a purpose described in subparagraph (A).
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103	103	"Electronic smoking device" has the same meaning as in section 304A-122.
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105	105	"Premises" means all indoor and outdoor areas within property owned or controlled by the department or for which the department is otherwise responsible.
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107	107	"Smoke" or "smoking" has the same meaning as in section 304A-122.
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109	109	"Tobacco product" has the same meaning as in section 712-1258.
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111	111	"Tobacco use" has the same meaning as in section 304A-122."
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113	113	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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115	115	SECTION 4. This Act shall take effect on July 1, 2024.
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119	119	INTRODUCED BY: _____________________________
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121	121	INTRODUCED BY:
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123	123	_____________________________
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129	129	Report Title: Electronic Smoking Devices; Tobacco Products; Public Schools; Prohibition; Department of Education Description: Updates and expands the statutory prohibition on the use of tobacco at public schools to include prohibiting the possession and use of electronic smoking devices. Requires the Department of Education to be responsible for educating students, employees, and visitors about smoking and tobacco use prohibitions. 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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135	135	Report Title:
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137	137	Electronic Smoking Devices; Tobacco Products; Public Schools; Prohibition; Department of Education
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141	141	Description:
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143	143	Updates and expands the statutory prohibition on the use of tobacco at public schools to include prohibiting the possession and use of electronic smoking devices. Requires the Department of Education to be responsible for educating students, employees, and visitors about smoking and tobacco use prohibitions.
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149	149	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.