For Now E-cigarettes Are Exempt From SB 2222 (2/11/14)


Senator Shimabukuro discusses the potential harm of unregulated sales of e-cigarettes in this Hawaii News Now TV interview on 2/11/14. Click image to see the broadcast.

Excerpts from HawaiiNewsNow 2/11/14

“For the here and now, all e-cigarettes are exempt from 2222.” State Senator Clayton Hee was referring to Senate Bill 2222, which in its original language would have banned the sale of all flavored tobacco products in the state, like menthol cigarettes.

Legislators candidly said their intent wasn’t to ban users [who need it for medical reasons] from partaking, but to keep nicotine and tobacco from children. Because of the differences between the two products, they made the decision to exempt e-cigarettes.

“Rather than try to complicate the subject matters, the committee chairs–Senator Baker and I, felt it would be better to take it out completely and then work on e-cigarettes as a stand-alone product” said Senator Hee.

“Technically speaking it’s not regulated at all, so a minor could come in there and buy an e-cig off you. There’s no regulation on the valves so they could be taking a high dose of nicotine that’s highly addictive and poisonous,” said State Senator Maile Shimabukuro.

Click here to see the full report.

Bill List Update 2/11/2014

SB60 SD1 – Bill of Rights for Victims; Restorative Justice: Requires victims of crimes and surviving immediate family members to be notified of their right to participate in the restorative justice process. (SD1)

SB317 – Indigenous Peoples’ Day; Holidays: Re-designates the second Monday of October from “Discoverers’ Day” to “Indigenous Peoples’ Day”.

SB2223 / HB1799 HD1 – Name Change; Children; Sexual Abuse; Divorce: Allows a family court to change the name of a minor child in a divorce proceeding of the parents if the child was the victim of child sexual abuse by either parent or if the court determines that the name change is in the best interests of the child when there has been no conviction of the parent for sexual abuse.

SB2224 / HB1782 – Guardianships; Minors; Notice: Amends the list of individuals that a petitioner is required to provide notice to regarding the time and place of the hearing for a petition for guardianship.

SB2241 – Agricultural Lands; Taro Land Protection: Includes taro lands and taro-growing structures as special agricultural lands to be protected from development.

SB2242 – Taro Lands; Protection; Agricultural Land Use: Amends public land classifications to add taro lands for wetland cultivation as a fourth class of intensive agricultural use lands. Defines taro lands. Requires retention of supporting structures associated with taro fields. Adds growth and perpetuation of traditional Hawaiian crops to agricultural state planning objectives.

SB2407 – Prohibits district boundary amendments of taro lands. Amends public land classifications to add taro lands for wetland cultivation as a fourth class of intensive agricultural use lands. Defines taro lands. Requires retention of supporting structures associated with taro fields. Adds growth and perpetuation of traditional Hawaiian crops to agricultural state planning objectives.

SB2749 – Provides that a county may not prohibit, based upon proximity to a county sewer system, the use of an otherwise authorized individual wastewater system as an on-site means of wastewater disposal in lieu of wastewater treatment works.

SB2245 – Insurance; Motor Vehicle Insurance; First Party Claims; Prompt Payment: Requires an insurer in a first party insurance claim to pay the claimant a fair amount within thirty days of a demand for payment of insurance benefits.

SB2681 – Financial Disclosure Statements; Boards and Commissions; Public Documents; Board of Regents: Makes the financial disclosure statements of the University of Hawaii board of regents and members of state boards and commissions available for public inspection and duplication.

SB2682 – Financial Disclosures; Boards and Commissions: Public Records: Requires public disclosure of financial disclosure statements filed by paid state board or commission members who have original terms of office for periods exceeding one year, have functions that are not solely advisory, and serve on boards of commissions that are authorized to approve contracts or expenditures valued at more than $1,000,000.

HB2509 HD1 – Appropriates funds to assist communities affected by discarded or abandoned tires by providing funds for programs promoting the removal of abandoned tires that have been illegally dumped from the landscape, including funding county abandoned tire removal programs.

SB2685 – Motor Vehicle Tire Surcharge; Replacement Tire: Imposes a surcharge of $1 per tire on any tire retailer or wholesaler who installs a replacement tire in the State after September 30, 2014. Repeals on 7/1/2019.

SB2686 – Tire Sales; Internet: Expands the definition of tire retailer to include individuals who sell or offer to sell tires on the Internet. Requires Internet tire retailers to post a written notice regarding motor vehicle tire disposal and recycling on the webpage initiating or offering the sale.

SB2687 – Statute of Limitations; Civil Actions; Sexual Abuse of a Minor: Allows a victim of child sexual abuse to bring a civil action against victim’s abuser or an entity, except for the State or counties, when the entity was grossly negligent, if the statute of limitations for filing a civil claim has lapsed and the victim has not yet attained the age of fifty-five. Effective 4/23/2014.

HB2034 HD1 – Removes the statute of limitations for criminal and civil actions arising from sexual assault in the first and second degrees and continuous sexual assault of a minor under the age of fourteen years.

SB2688 – Qualified Domestic Relations Orders; Employees’ Retirement System; Alternate Beneficiary: Clarifies that all or a portion of the benefits payable by reason of the death of the member of the employees’ retirement system or former employee of the State or counties shall be payable to the alternate beneficiary designated under a qualified domestic relations order. Allows the court to issue a qualified domestic relations order for support for purposes of designating an alternate beneficiary to receive retirement benefits under the employees’ retirement system in connection with and in addition to a divorce decree.

SB2689 / HB2608 – Publication of Notices and Process; Posting Online; Family Court: Upon order of the family court and in addition to existing mailing and posting requirements, requires indigent plaintiffs to post a copy of the pleadings and process on a searchable internet website of general circulation, unless doing so is cost-prohibitive. Takes effect 1/1/2015.

SB2690 – Unclaimed Property; Cash Deposits: Provides for escheat of unclaimed cash in certain amounts for certain periods of time that were deposited into the unclaimed property trust fund.

SB2691 – Sentencing; Drug Offenses; Minimum Terms of Imprisonment: Allows judges discretion in setting incarceration terms when sentencing drug offenders in certain class A, B, and C felonies.

SB2692 – Boards and Commissions; Public Agency Meetings and Information Practices; Code of Ethics; Training: Requires all members of boards and commissions to complete training in ethics, public agency meetings, and information practices within six months of each member’s confirmation to the board or commission by the Senate. Establishes a public agency meetings and information practices training course to be administered by the office of information practices. Requires an additional ethics training course to be provided in July of each year.

HB2061 HD1 – Embryo, Oocyte, and Sperm Cryopreservation Procedure Health Care Coverage: Requires insurance coverage for embryo, oocyte, and sperm cryopreservation procedures for adults diagnosed with cancer who have not started cancer treatment.

SB2695 – Abuse of Family or Household Members; Probable Cause Hearing; Domestic Violence Intervention Programs: Requires the court to hold a separate probable cause hearing, when a person is charged with the offense of abuse of a family or household member or refusal to comply with the lawful order of a police officer, to review the charge and determine if there is probable cause to believe that the person charged will benefit from undergoing domestic violence intervention programs.

SB2908 – Sentencing; Drug Offenses; Minimum Terms of Imprisonment: Removes minimum terms of imprisonment for drug offenders in certain class A, B, and C felonies.

SB2909 / HB2355 – In Vitro Fertilization Procedure Coverage; Infertility Disability: Provides insurance coverage equality for women who are diagnosed with infertility by making available to them expanded treatment options, ensuring adequate and affordable health care services.

SB3010 – Feral Birds; Feral Cats; Feeding; Department of Health: Eliminates the requirement that the department of health must find danger or injury to health before abating, destroying, removing, or preventing the feeding of feral birds. Requires the department of health to examine into all odors and filth resulting from the feeding of feral birds and cats and cause the same to be abated, destroyed, removed, or prevented.

SB3011 – Environmental Justice; Waianae Valley; Appropriation: Appropriates funds for programs and community efforts that seek environmental justice and equity in the Waianae area, and nurtures future leaders that will protect Waianae’s land and natural resources.

SB3012 – Medical Records; Social Security Act; Aid to the Aged, Blind, and Disabled Program: Mandates that medical providers provide medical records to a patient, patient’s attorney, or authorized representative free of charge if the request is for the purposes of a claim or appeal under any provision of the Social Security Act or for state assistance under the aid to the aged, blind, and disabled program.

SB3013/HB2405 – Taxation; Income Tax Rates; Capital Gains Tax Changes income tax brackets and rates after 12/31/2013. Provides for taxation of capital gains as ordinary income.

SB3086/HB2063 – Transportation; Airports; DOT; Leases; Contracts; Term: Authorizes DOT to enter into contracts, leases, or other arrangements with terms not to exceed 35 years with any qualified person to operate an airport owned or controlled by the department.

SB3119 – Appropriates funds for programs at Kulani correctional facility.