Bill Text: HI HB2629 | 2012 | Regular Session | Introduced
Bill Title: Smoking Prohibition; Public Housing Projects; State Low-Income Housing Projects
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2012-02-01 - (H) The committee(s) on HSG recommend(s) that the measure be deferred. [HB2629 Detail]
Download: Hawaii-2012-HB2629-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2629 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PUBLIC HOUSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Centers for Disease Control and Prevention, the lead federal agency for comprehensive tobacco control, cites tobacco use as the single most preventable cause of disease, disability, and death in the United States. According to the Centers for Disease Control and Prevention, each year, an estimated 443,000 people die prematurely from smoking or exposure to secondhand smoke, and another 8,600,000 people live with a serious illness caused by smoking.
In response to the risks posed to nonsmokers by secondhand smoke, indoor smoking bans are being adopted nationwide. In a memorandum dated July 17, 2009, recognizing that secondhand smoke can migrate between units in multifamily housing, the United States Department of Housing and Urban Development encouraged public housing authorities to implement non-smoking policies in some or all of their public housing units.
Some public housing authorities have established smoke-free buildings, while others have continued to allow current residents who smoke to continue to do so, but only in designated areas and only until lease renewal or a date established by the public housing authority. Other public housing authorities prohibit smoking for new residents. The legislature finds that according to the Smoke-Free Environmental Law Project of the Center for Social Gerontology, an anti-smoking group funded by the Michigan department of health, there are at least two hundred twenty-one public housing authorities and housing commissions across the county that have implemented non-smoking policies, including authorities in Alaska, California, Colorado, Maine, Michigan, New York, and Texas.
The purpose of this Act is to prohibit smoking in all public housing projects as defined in section 356-1, Hawaii Revised Statutes, and state low-income housing projects as defined in section 356D-51, Hawaii Revised Statutes.
SECTION 2. Chapter 356D, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§356D- Smoking prohibited. (a) Smoking shall be prohibited in all public housing projects as defined in section 356D-1 and state low-income housing projects as defined in section 356D-51.
(b) Any person who violates this section shall be fined $100 for each violation; provided that a third violation of this section by a tenant, licensee, or occupant of a public housing project or state low-income housing project shall result in eviction of the tenant, licensee, or occupant from the public housing project or state low-income housing project. All fines collected pursuant to this subsection shall be deposited into the public housing revolving fund or the state low-income housing revolving fund pursuant to the requirements of sections 356D-28 and 356D-45, respectively.
(c) The authority shall specify the requirements and penalties of this section on all leases, rental agreements, permits, and licenses covering the use and occupation of any dwelling unit or other premises located within a public housing project or state low-income public housing project.
(d) The process for evicting a tenant, licensee, or occupant from a public housing project or state low-income housing project for a violation of this section shall be as provided in section 356D-92."
SECTION 3. Section 356D-28, Hawaii Revised Statutes, is amended to read as follows:
"[[]§356D-28[]] Public
housing revolving fund; housing project bond special funds. (a) There is
established the public housing revolving fund to be administered by the
authority. Notwithstanding section 36-21, the proceeds in the fund shall be
used for long-term and other special financings of the authority and for
necessary expenses in administering this chapter.
(b) All moneys received and collected by the authority, not otherwise pledged, obligated, or required by law to be placed in any other special fund, shall be deposited into the public housing revolving fund.
(c) A separate special fund shall be established for each public housing project or projects financed from the proceeds of bonds secured under the trust indenture. Each fund shall be designated "housing project bond special fund" and shall bear any additional designation as the authority deems appropriate to properly identify the fund.
(d) Notwithstanding any other law to the contrary, all revenues, income, and receipts derived from a public housing project or projects financed from the proceeds of bonds or pledged to the payment of principal of and interest and premium on bonds, shall be paid into the housing project bond special fund established for the public housing project or projects and applied as provided in the proceedings authorizing the issuance of bonds.
(e) There is established within the public housing revolving fund a separate account, to be known as the public housing vocational training account, into which all fines from penalties collected from tenants, licensees, or occupants of public housing pursuant to section 356D- (b) shall be deposited. The moneys in this account shall be used for the purpose of providing vocational training to residents of public housing projects."
SECTION 4. Section 356D-45, Hawaii Revised Statutes, is amended to read as follows:
"[[]§356D-45[]] State
low-income housing revolving fund. (a) There is established
a revolving fund to be known as the state low-income housing revolving fund.
Notwithstanding any law to the contrary, moneys received by the authority under
or pursuant to this subpart, including refunds, reimbursements, rentals, fees, and
charges received from tenants, shall be deposited in the state low-income
housing revolving fund.
(b) There is established within the state low-income housing revolving fund a separate account, to be known as the state low-income housing vocational training account, into which all fines from penalties collected from tenants, licensees, or occupants of state low-income housing pursuant to section
356D- (b) shall be deposited. The moneys in this account shall be used for the purpose of providing vocational training to residents of state low-income housing projects.
(c) Except as otherwise provided in this chapter, the state low-income housing revolving fund may be expended by the authority for any and all of the purposes of this subpart, including without prejudice to the generality of the foregoing, the expenses of management, operation, and maintenance of state low-income housing projects, including but not limited to:
(1) The cost of insurance, a proportionate share of the administrative expenses of the authority, and the cost of repairs, equipment, and improvement;
(2) The acquisition, clearance, and improvement of property;
(3) The construction and reconstruction of building sites;
(4) The construction, reconstruction, repair, remodeling, extension, equipment, and furnishing of any state low-income housing project;
(5) Administration and other expenses;
(6) The payment of rentals; and
(7) The development and administration of any state low-income housing project."
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, 2012.
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INTRODUCED BY: |
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Report Title:
Smoking Prohibition; Public Housing Projects; State Low-Income Housing Projects
Description:
Prohibits smoking in federal and state low-income housing projects. Establishes a $100 fine for each violation of the smoking prohibition. Specifies that a third violation of the smoking prohibition by a tenant, licensee, or occupant of the housing project shall result in eviction. Creates separate accounts under the public housing revolving fund and state low-income revolving fund, into which fines from public housing smoking violations are to be deposited. Effective July 1, 2012.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
