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Hulamoon

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Having beaten down a whole bunch of silliness and ignorance, it is starting to look better. Here's the latest. I can't emphasize enough that you have got to get your local shops and they in turn their customers to write attend or call. Thank you to the huge support from Hawaii's vapers to date and the committee members who listened: God bless you all. Still to go to Consumer protection and commerce then on to finance committees.

STAND. COM. REP. NO. 978-14

Honolulu, Hawaii
, 2014

RE: S.B. No. 2495
S.D. 3
H.D. 1




Honorable Joseph M. Souki
Speaker, House of Representatives
Twenty-Seventh State Legislature
Regular Session of 2014
State of Hawaii

Sir:

Your Committee on Health, to which was referred S.B. No. 2495, S.D. 3, entitled:

"A BILL FOR AN ACT RELATING TO ELECTRONIC SMOKING DEVICES,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Include electronic smoking devices within the definition of "tobacco products" under Chapter 245, Hawaii Revised Statutes (HRS), thereby making:

(A) Wholesalers and dealers of electronic smoking devices subject to the same licensing requirements as wholesalers and dealers of cigarettes and other tobacco products; and

(B) Retailers of electronic smoking devices subject to the same permitting requirements as retailers of cigarettes and other tobacco products;

(2) Establish an excise tax on electronic smoking devices of an unspecified percent of the wholesale price of each electronic smoking device kit, electronic smoking device nicotine cartridge, or electronic smoking device nicotine refill sold, used or possessed by a wholesaler or dealer; and

(3) Prohibit the use of electronic smoking devices in enclosed public areas and other specified locations under Chapter 328J, HRS.

The Department of Health, Hawaii COPD Coalition, American Cancer Society Cancer Action Network, American Heart Association, Coalition for a Tobacco-Free Hawaii, University of Hawaii Student Health Advisory Council, and numerous individuals supported this measure. The Hawaii Smokers Alliance, Retail Merchants of Hawaii, VOLCANO Fine Electronic Cigarettes, X-treme Vapor, and numerous individuals opposed this measure. The Department of Human Resources Development, Department of Taxation, Hawaii Food Industry Association, Tax Foundation of Hawaii, HI Vapor Emporium, and several individuals commented on this measure.

Your Committee has amended this bill by:

(1) Deleting provisions that:

(A) Include electronic smoking devices within the definition of "tobacco products" under Chapter 245, HRS; and

(B) Establish an excise tax on electronic smoking devices of an unspecified percent of the wholesale price of each electronic smoking device kit, electronic smoking device nicotine cartridge, or electronic smoking device nicotine refill sold, used or possessed by a wholesaler or dealer; and

(2) Making technical, nonsubstantive amendments for 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 S.B. No. 2495, S.D. 3, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2495, S.D. 3, H.D. 1, and be referred to the Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Health,




____________________________
DELLA AU BELATTI, Chair





 

Hulamoon

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I'd love for some other interpretations of it at this stage. How I am reading it as is:

1) Electronic cigarettes will not be classified as "tobacco"
3) The usual ban in "enclosed public places" = in restaurants/movie theatres/workplaces/gvt property.
2) There will be no (as yet unspecified but could have been between 10 & 50% per last committee report) excise tax on electronic cigarettes and related e-cigarette materials.

If that IS the case and it's ratified by Consumer Protection & commerce committee, and the Finance committee, this is HUGE.

I have never been so intent on following a legislative process before! lol
 

DrMA

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Very good news indeed! However, I think you should still fight the provisions of (3), as there is absolutely no scientific basis for prohibiting the use of vapor products anywhere. In fact I think you should also keep fighting the definition of ecigs as "electronic smoking devices". THERE IS NO SMOKE!

IMO, once they assign the notion of "smoke" to vapor products, the fight is lost. They'll be able to reinstate provisions #1 and #2 in a committee somewhere, behind closed doors and without a vote on the floor.

See here for talking points against indoor vaping bans:
http://blog.casaa.org/2014/01/call-to-to-action-los-angeles-e.html
 
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dr g

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Yes, improbably, the bill was basically gutted in HLT and only the indoor ban remains, along with some redefinitions that could maybe be trouble down the road.

This is a huge win, but the indoor ban is not good, so we definitely need to fight that. Luckily the science is very strong against the indoor ban. Hulamoon and other Hawaii folks should write to the CPC chair McKelvey and ask him not to hear the bill at all.
 

Hulamoon

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:) Hulamoon, while quite legal, isn't a "US citizen", so I can only do so much. But yes, please do write in. I think within the testimony that the ?Hawaii Food? Association said they'd prefer to make that decision for themselves so there is support for business to determine that choice within their own walls.

For myself, I'm not nearly as concerned about folk not fogging up Walmarts, movie theaters and restaurants as I was all the other myriad of amazing ideas Ms. Baker and Mr Green dreamt up though.

In conclusion I can only say WOW! Thanks again to everyone including the local businesses, individual vapors and the senators et al, who despite being heavily democratic folk, DID actually listen and have done the right thing!
 
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