Bill Text: HI HB1318 | 2011 | Regular Session | Introduced

Hawaii House Bill 1318 (Prior Session Legislation)

Introduced

Bill Title: Smoking; Areas Prohibited; Penalties

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-28 - (H) Referred to HLT, JUD, FIN, referral sheet 3 [HB1318 Detail]

Download: Hawaii-2011-HB1318-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	1318
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO TOBACCO SMOKE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 328J-1, Hawaii Revised Statutes, is amended as follows:

1. By adding three new definitions to be appropriately inserted and to read:

""Family" means the spouse or reciprocal beneficiary of an individual, the individual's minor children and grandchildren, and, in the case of a minor individual, the individual's parents and grandparents.

"Minor" means a person less than eighteen years of age.

"Victim" means a person who has inhaled or been exposed to environmental smoke, commonly referred to as second-hand smoke, due to another person's violation of the smoking prohibitions in this chapter."

2. By amending the definitions of "employee", "enclosed or partially enclosed", "open to the public", and "restaurant" to read:

""Employee" means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, [~~and~~] a person who volunteers the person's services for a nonprofit entity[.], and a volunteer as defined in section 90‑1.

"Enclosed or partially enclosed" means closed in by a roof or overhang and at least two walls[.], or by one wall and roof or overhang extending at least eight feet from the wall. Enclosed or partially enclosed areas include but are not limited to areas commonly described as bus shelters, public lobbies, lanais, interior courtyards, patios, covered parking areas, and covered walkways.

"Open to the public" means [~~enclosed or partially~~ ~~enclosed~~] areas to which the public is invited or permitted and areas within any building available for use by or accessible to the general public during the normal course of business conducted therein by either private or public entities, that are:

(1) Enclosed or partially enclosed, including but not limited to bars, educational facilities, financial institutions, health care facilities, hotel and motel lobbies, lanais, laundromats, public transportation facilities, including rail transit stations, taxi or bus shelters, airport areas from curb to cabin and including all areas within and immediately in front of and adjacent to passenger terminals and pick-up areas, throughout the airport facility, and up to the passenger loading gates of all state airports, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms, but does not include a private residence unless it is used as a child care, adult day care, or health care facility[.]; and

(2) Outdoor areas, including parking lots, benches or stools at bus stops, outdoor areas of restaurants, outdoor areas of shopping malls, outdoor areas of sports arenas, fields and courts designed for sports, grounds or campuses of public or private schools grades K-12, college campuses, public beaches, playgrounds, and queues or service lines.

"Restaurant" means an eating establishment, including but not limited to coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term "restaurant" includes a bar area within the restaurant and outdoor areas of restaurants[.], and includes all outdoor areas with tables where customers may eat."

SECTION 2. Section 328J-3, Hawaii Revised Statutes, is amended to read as follows:

"[[]§328J‑3[]] Prohibition in enclosed or partially enclosed places open to the public. (a) Smoking shall be prohibited in all [~~enclosed or partially enclosed~~] areas open to the public, and in outdoor areas specified in this section, including but not limited to the following places:

(1) Airports and public transportation facilities and vehicles, including buses and taxicabs, under the authority of the State or county, and ticket, boarding, and waiting areas of public transit depots, including airports from curb to cabin and including all areas within and immediately in front of and adjacent to passenger terminals and pick-up areas, throughout the airport facility, and up to the passenger loading gates of all state airports;

(2) Aquariums, galleries, libraries, and museums;

(3) Areas available to and customarily used by the general public, including but not limited to restrooms, lobbies, reception areas, hallways, and other common areas, in businesses and nonprofit entities patronized by the public, including but not limited to professional offices, banks, laundromats, hotels, and motels;

(4) Bars;

(5) Bowling alleys;

(6) Convention facilities;

(7) Educational facilities, both public and private;

(8) Elevators;

(9) Facilities, including outdoor audience seating areas and queues, primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance, except when part of the performance;

(10) Health care facilities;

(11) Hotel and motel lobbies, meeting rooms, and banquet facilities;

(12) Licensed child care and adult day care facilities[;], including all outdoor areas of a child care facility;

(13) Lobbies, hallways, lanais, indoor or outdoor swimming pools including areas fenced in around a pool, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, multifamily dwellings, and other multiple-unit residential facilities;

(14) Nightclubs;

(15) Playgrounds, whether outdoors or enclosed or partially enclosed, designed for use by children under eighteen years of age, including areas of public parks with playground equipment or play areas for children, fields and courts designed for sports in public parks, and within the fenced areas or enclosed or partially enclosed areas of indoor or outdoor public swimming pools;

[~~(15)~~] (16) Polling places;

[~~(16)~~] (17) Restaurants;

[~~(17)~~] (18) Retail stores;

[~~(18)~~] (19) Rooms, chambers, places of meeting or public assembly under the control of an agency, board, commission, committee or council of the State or county, to the extent the place is subject to the jurisdiction of the State or county;

[~~(19)~~] (20) Service lines; [~~and~~]

[~~(20)~~] (21) Shopping malls[.]; and

(22) Transit stations, including rail transit stations, bus stops, taxi or shuttle waiting areas, and areas within twenty feet of outdoor or enclosed or partially enclosed transit stations or bus stop waiting areas, including benches, stools, or shelters for transit users.

(b) In addition, smoking is prohibited in all outdoor areas, parking lots, beaches, public parks, playgrounds, sidewalks, and streets when within twenty feet of:

(1) A pregnant woman;

(2) A minor who is not a member of the smoker's family; and

(3) Any person who complains of a respiratory illness, allergy, or other health concern, who requests the smoker to stop smoking in the person's presence."

SECTION 3. Section 328J-7, Hawaii Revised Statutes, is amended to read as follows:

"§328J‑7 Exceptions. Notwithstanding any other provision of this chapter to the contrary, the following areas shall be exempt from the provisions of sections 328J‑3, 328J‑4, and 328J‑5:

(1) Private residences, except when used as a licensed child care, adult day care, or health care facility; provided that a resident or owner who resides in the residence shall ensure that smoke from a private residence owned, rented, or leased by that person in a multifamily dwelling or condominium shall not infiltrate into other private residences or into areas where smoking is prohibited;

(2) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided that not more than twenty per cent of rooms rented to guests in a hotel or motel may be so designated. All smoking rooms on the same floor shall be contiguous and smoke from these rooms shall not infiltrate into areas where smoking is prohibited under this chapter. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms;

(3) Retail tobacco stores; provided that smoke from these places shall not infiltrate into areas where smoking is prohibited under this chapter;

(4) Private and semiprivate rooms in nursing homes and long-term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted; provided that smoke from these places shall not infiltrate into areas where smoking is prohibited under this chapter;

(5) Outdoor areas of places of employment except those covered by the provisions of sections 328J‑3 and 328J‑5;

(6) All areas covered by this chapter when smoking is part of a production being filmed; and

(7) State correctional facilities; provided that smoking shall only be authorized for employees and volunteers of a correctional facility in an area outside the secure confines of a correctional facility restricted from access by inmates or detainees that has been designated by the warden of a correctional facility."

SECTION 4. Section 328J-12, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) A person who smokes in an area where smoking is prohibited by this chapter shall be guilty of a violation and fined not more than [~~$50 to~~] $150, of which $50 shall be transferred to the county in which the violation occurred and the remainder shall be deposited into the general fund. The district courts may assess costs not to exceed $25 for issuing a penal summons upon any person who fails to appear at the place within the time specified in the citation issued to the person."

2. By amending subsection (c) to read:

"(c) There shall be provided for use by an officer or employee of the respective government jurisdictions, duly authorized to issue a summons or citation, or any police officer, a form of summons or citation for use in citing a violator of this chapter that shall not provide for the physical arrest of the violator. The form and content of this summons or citation shall be as adopted or prescribed by the administrative judge of the district court. When a citation is issued, the original of the citation shall be given to the violator; provided that the administrative judge of the district court may prescribe that the violator be given a copy of the citation and provide for the disposition of the original and any other copies. Every citation shall be consecutively numbered and each copy shall bear the same number as its respective original. Upon a victim's complaint, any police officer or other officer or employee of the respective government jurisdictions, whether directly observing a violation or relying upon a credible witness account, shall issue a summons or citation, as appropriate, upon reasonable suspicion that a violation has occurred."

3. By amending subsections (e) and (f) to read:

"(e) Any police officer or other officer or employee of the respective government jurisdictions may eject from the premises any person to whom a citation has been issued and who continues to smoke after the person has been so cited. Any individual who violates this chapter and refuses to cooperate with a police officer or other officer or employee of the respective government jurisdiction properly issuing a summons or citation, by:

(1) Continuing to smoke;

(2) Refusing to leave the premises after being ejected as provided for in this section; or

(3) Behaving in a threatening manner consistent with section 711-1101,

may be cited for disorderly conduct pursuant to section 711‑1101. If appropriate under the corresponding section, the individual may be cited for assault in the first, second, or third degree pursuant to sections 707-710, 707-711, and 707-712, respectively. If an individual smoker continues smoking within twenty feet of a victim at least one additional minute after the victim requests the individual to stop smoking in the victim's presence, thereby causing the victim to be exposed to environmental smoke, then that smoker may be cited for assault in the third degree under section 707-712.

(f) A person who owns, manages, operates, or otherwise controls any place or facility designated by this chapter and fails to comply with this chapter shall be guilty of a violation and fined:

(1) Not more than [~~$100~~] $500 for a first violation;

(2) Not more than [~~$200~~] $1,000 for a second violation within one year of the date of the first violation; and

(3) Not more than [~~$500~~] $2,000 for each additional violation within one year of the date of the preceding violation."

SECTION 5. Section 328J-16, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

"[[]§328J‑16[]] Cigarette sales from vending machines [~~and~~], by lunch wagons near schools, and by businesses with open display prohibited. (a) The sale or distribution at no charge of cigarettes by the following methods is prohibited:

(1) From cigarette vending machines unless the vending machine is located in a bar, cabaret, or any establishment for which the minimum age for admission is eighteen; or

(2) From a lunch wagon engaging in any sales activity within one thousand feet of any public or private elementary or secondary school grounds.

In addition, cigarettes and other tobacco products shall not be sold from any business with signage or other displays in plain view, including labels of cigarette packages or cartons, that promote the sale of tobacco products, unless the display is visible only from inside an establishment for which the minimum age for admission is eighteen years."

SECTION 6. Section 328L-4, Hawaii Revised Statutes, is amended to read as follows:

"§328L-4 Use of funds appropriated to the department. (a) The department, immediately upon receipt of the moneys appropriated pursuant to section 328L-2(b)(2) shall:

(1) [~~Transfer~~] Until and including June 30, 2015:

(A) Transfer up to ten per cent of the total moneys received by the State from tobacco settlement moneys to the department of human services for the children's health insurance program; and

[~~(2)~~] (B) Expend the remainder of the moneys received by the department for [~~health~~]:

(i) Enforcement and public education as provided in sections 328J-11 and 328J-13; and

(ii) Health promotion and disease prevention programs, including but not limited to[,] maternal child health and child development programs, promotion of healthy lifestyles (including fitness, nutrition, and tobacco control), and prevention oriented public health programs[.]; and

(2) Beginning July 1, 2015, expend one hundred per cent of the moneys received by the department pursuant to section 328L‑2(b)(2) for enforcement and public education as provided in sections 328J-11 and 328J-13.

(b) For purposes of [~~paragraph (2),~~] subsection (a)(1)(A)(ii), the director shall convene an advisory group that shall be separate from the tobacco prevention and control advisory board, to strategically plan the development and implementation of preventive systems to achieve measurable outcomes and to make recommendations for the expenditure of these moneys. The advisory group shall be composed of nine members with expertise in the programs under [~~paragraph (2),~~] subsection (a)(1)(A)(ii) and shall be selected at the discretion of the director.

SECTION 7. Act 119, Session Laws of Hawaii 2009, as amended by section 2 of Act 138, Session Laws of Hawaii, 2010, is amended by amending section 6 to read as follows:

"SECTION 6. This Act shall take effect on July 1, 2009, and sections 1, 2, and 3 shall be repealed on June 30, 2015; provided that section 328L-2, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the effective date of Act 264, Session Laws of Hawaii 2007; provided further that section 328L-3, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the effective date of this Act."

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Smoking; Areas Prohibited; Penalties

Description:

Increases penalties for smoking, including assault charges. Prohibits smoking in certain outdoor areas. Provides for tobacco settlement moneys to go towards education and enforcement.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.