Bill Text: HI SB2200 | 2018 | Regular Session | Introduced
Bill Title: Relating To The Statewide Traffic Code.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2018-02-16 - Report adopted; Passed Second Reading and referred to JDC/WAM. [SB2200 Detail]
Download: Hawaii-2018-SB2200-Introduced.html
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THE SENATE |
S.B. NO. |
2200 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to the Statewide Traffic Code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that secondhand smoke
is a dangerous class A carcinogen, in the same class as asbestos and benzene. Secondhand smoke typically contains at least
seven thousand identifiable chemicals, around seventy of which are known or
probable carcinogens. The fiftieth
anniversary United States Surgeon General Report, released on January 17, 2014,
states that any level of exposure to secondhand smoke is dangerous and over two
and a half million nonsmokers have died from health problems caused by
secondhand smoke since 1964. Secondhand
smoke can cause heart disease, lung cancer, and strokes, according to the
Centers for Disease Control and Prevention.
The legislature further finds that children
run a greater risk of suffering from the damaging health effects of secondhand
smoke because children have a higher exposure risk and are susceptible to more
health problems. Children have a higher
exposure risk to secondhand smoke: children generally breathe in more air than
adults because their lungs are still developing, and they have little or no
control over their environments and cannot leave if secondhand smoke bothers
them. Children exposed to secondhand
smoke face additional health consequences: ear infections; more frequent and
severe asthma attacks; respiratory symptoms such as coughing, sneezing, and
shortness of breath; respiratory infections such as bronchitis and pneumonia;
and increased risk of sudden infant death syndrome. This means that smoke-free environments for
children is of high importance.
Studies have found that secondhand smoke
exposure in vehicles is more concentrated than in bars and restaurants. Secondhand smoke in a car causes the air to
be many times more toxic than what the Environmental Protection Agency
considers hazardous air quality, even when a window is down. Smoke-free vehicle policies ensure that there
is clean air in the vehicle while a child is inside.
According to the Campaign for Tobacco-Free
Kids, as of April 2016, the states of Arkansas, California, Louisiana, Maine, Oregon,
Utah, Vermont, and Virginia, as well as Puerto Rico, have enacted smoke-free
vehicle laws to protect minors. In
addition, section 14-21(a)(12) of the Hawaii County Code prohibits smoking in
any motor vehicle whenever occupied by a person less than eighteen years of
age.
The purpose of this Act is to amend state
law to prohibit smoking in a motor vehicle when a minor is present.
SECTION 2. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to part XII to be appropriately designated and to read as follows:
"§291C- Smoking
in a motor vehicle in which a minor is present; prohibited. (a) No person shall smoke in a motor vehicle in
which a person under the age of eighteen is present.
(b) For the purposes
of this section, "smoke" shall have the same meaning as provided in
section 328J-1.
(c) Any person who violates this section shall be fined $100."
SECTION 3. Section 291C-161, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Every person convicted under or found in
violation of section 291C-12, 291C-12.5, 291C-12.6, 291C-13, 291C-14, 291C‑15, 291C-16, 291C-72, 291C-73,
291C-95, 291C-102, 291C-103, 291C-104, [or] 291C-105, or
291C- shall be sentenced or fined in accordance with those
sections."
SECTION 4. The department of health shall submit a report to the legislature regarding the enforceability of this Act and coordination of related data collection efforts of the respective law enforcement agencies, including any proposed legislation, no later than twenty days prior to the convening of the regular session of 2020.
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Statewide Traffic Code; Smoking; Motor Vehicle; Minors
Description:
Prohibits smoking in a motor vehicle in which a person under the age of eighteen is present. Requires the department of health to report on the enforceability of this Act and coordination of related data collection activities of the respective law enforcement agencies.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
