Bill Text: HI SB134 | 2018 | Regular Session | Amended
Bill Title: Relating To The University Of Hawaii.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-07-11 - Act 160, on 07/10/2018 (Gov. Msg. No. 1269). [SB134 Detail]
Download: Hawaii-2018-SB134-Amended.html
|
THE SENATE |
S.B. NO. |
134 |
|
TWENTY-NINTH LEGISLATURE, 2017 |
S.D. 1 |
|
|
STATE OF HAWAII |
H.D. 2 |
|
|
|
C.D. 1 |
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO THE UNIVERSITY OF HAWAII.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1.
The legislature finds in accordance with article X, section 6, of the
state constitution that this Act is of statewide concern.
The legislature further finds that tobacco
use is the single most preventable cause of death in the United States, with
tobacco-related diseases resulting in $96,000,000,000 in health care costs
annually. The 2012 United States Surgeon
General Report states that tobacco use and exposure to secondhand smoke are
serious public health concerns and there is no safe level of exposure to
environmental tobacco smoke.
Additional concerns have been raised about
the growing popularity of electronic smoking devices. Sales of electronic smoking devices in the
United States have doubled each year since 2008, with sales in 2013 estimated
to have reached $1,700,000,000. Due to
the relative lack of research data on electronic smoking devices, many public
health organizations and policymakers are concerned about the safety and impact
of these products on public health.
Smoking and tobacco use is already
prohibited in over seven hundred sixty college and university campuses in the
United States. Many colleges and
universities are also including electronic smoking devices in their campus-wide
bans. Smoking and tobacco use on
University of Hawaii premises presents substantial fiscal burdens on employee
health care costs, absenteeism, and turnover; the maintenance and upkeep of
physical facilities; fire risks and losses; and litter control, as well as
imposes an adverse impact on the surrounding land and water environments.
University of Hawaii's executive policy
E10.102 prohibits smoking under certain circumstances, but the policy does not
make all campuses smoke- and tobacco-free.
The purpose of this Act is to promote
positive health practices and protect University of Hawaii students, employees,
and visitors from exposure to secondhand smoke and other potentially harmful
substances by prohibiting smoking, including the use of electronic smoking
devices, and tobacco use on University of Hawaii premises.
SECTION 2.
Chapter 304A, Hawaii Revised Statutes, is amended by adding a new
section to be appropriately designated and to read as follows:
"§304A- Smoking and tobacco use prohibited;
University of Hawaii premises. (a) Notwithstanding chapter 328J to the contrary,
the University of Hawaii shall prohibit smoking and tobacco use by any person
on University of Hawaii premises, to the extent that such a prohibition is not
prohibited by federal law. Mere
possession or storage of a cigarette, tobacco product, or electronic smoking
device for use outside the University of Hawaii premises shall not constitute a
violation under this section.
(b)
The University of Hawaii shall be responsible for educating students,
employees, and visitors about the smoking and tobacco use prohibitions under
this section. Clearly legible signs
shall be prominently displayed at all entrances to the premises and at other
conspicuous outdoor locations throughout the premises and shall state that smoking,
including the use of electronic smoking devices, and tobacco use, are
prohibited by law.
(c)
As used in this section:
"Cigarette" has the same
meaning as in section 486P-1.
"Electronic smoking device"
means any electronic product that can be used to aerosolize and deliver
nicotine or other substances to the person inhaling from the device including
but not limited to an electronic cigarette, electronic cigar, electronic
cigarillo, electronic pipe, hookah pipe, or hookah pen, and any cartridge or
other component of the device or related product, whether or not sold
separately.
"Premises" means all indoor
and outdoor areas within property owned or controlled by the University of
Hawaii or for which the university is otherwise responsible.
"Smoke" or "smoking"
means inhaling, exhaling, burning, or carrying any lighted or heated tobacco
product or plant product intended for inhalation in any manner or in any
form. "Smoking" includes the
use of an electronic smoking device.
"Tobacco product" means any
product made or derived from tobacco that contains nicotine or other
substances, and is intended for human consumption or is likely to be consumed,
whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by
any other means, including but not limited to a cigarette, cigar, pipe tobacco,
chewing tobacco, snuff, snus, or an electronic smoking device. "Tobacco product" does not include
drugs, devices, or combination products approved for sale by the United States
Food and Drug Administration, as those terms are defined in the Federal Food,
Drug, and Cosmetic Act.
"Tobacco use" means the
personal use of any tobacco product, including the use of smokeless tobacco."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
University of Hawaii; Smoking; Tobacco; Electronic Smoking Devices; Prohibition
Description:
Prohibits smoking and tobacco use, including the use of electronic smoking devices, by any person on the premises of the University of Hawaii. (CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
