Bill Text: HI SB2635 | 2012 | Regular Session | Introduced
Bill Title: Smoking; Public Areas; Signage; County Smoking Ordinances
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-25 - (S) Referred to HTH, PGM. [SB2635 Detail]
Download: Hawaii-2012-SB2635-Introduced.html
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THE SENATE |
S.B. NO. |
2635 |
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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 smoking.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 328J-1, Hawaii Revised Statutes, is amended by amending the definition of "open to the public" to read as follows:
""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, including but not limited to [bars,]
educational facilities, financial institutions, health care facilities, hotel
and motel lobbies, lanais, laundromats, public transportation facilities,
including 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."
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. Smoking shall
be prohibited in all enclosed or partially enclosed areas open to the public,
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[;] that do not hold a dispenser or
cabaret license under section 281-31 or do not post signs as required under
section 328J-9(b);
(5) Bowling alleys;
(6) Convention facilities;
(7) Educational facilities, both public and private;
(8) Elevators;
(9) Facilities 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;
(13) Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, multifamily dwellings, and other multiple-unit residential facilities;
(14) Nightclubs[;] that do not hold a dispenser
or cabaret license under section 281-31 or do not post signs as required under
section 328J-9(b);
(15) Polling places;
(16) Restaurants;
(17) Retail stores;
(18) 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) Service lines; and
(20) Shopping malls."
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;
(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[.]; and
(8) Establishments that possess a valid dispenser or cabaret license under section 281-31 and post signs as required under section 328J-9(b)."
SECTION 4. Section 328J-9, Hawaii Revised Statutes, is amended to read as follows:
"[[]§328J‑9[]]
Signs. (a) Clearly legible signs that include the words
"Smoking Prohibited by Law" with letters of not less than one inch in
height or the international "No Smoking" symbol, consisting of a
pictorial representation of a burning cigarette enclosed in a red circle with a
red bar across it, shall be clearly and conspicuously posted in and at the
entrance to every place open to the public and place of employment where
smoking is prohibited by this chapter by the owner, operator, manager, or other
person in control of that place.
(b) Clearly legible signs that include the words "Smoking Permitted" with letters of not less than one inch in height or the international "Smoking Permitted" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a green circle, shall be clearly and conspicuously posted in and at the entrance to every place open to the public and place of employment that holds a dispenser or cabaret license and elects, through its owner, operator, manager, or other person in control of that place, to allow smoking in all or part of the establishment."
SECTION 5. Section 328J-15, Hawaii Revised Statutes, is amended to read as follows:
"[[]§328J‑15[]]
County ordinances. (a) Nothing in this chapter shall be construed to
supersede or in any manner affect a county smoking ordinance[; provided that
the ordinance] that is at least as protective of the rights of
nonsmokers as this chapter[.]; provided that no county ordinance
shall prohibit or impede smoking in all or part of every area that is exempt,
pursuant to section 328J-7, from sections 328J-3, 328J-4, and 328J-5.
(b) Nothing in this chapter shall prohibit a
county from enacting ordinances more stringent than this chapter[.];
provided that no county ordinance shall more stringently restrict or prohibit
smoking in all or part of every area that is exempt, pursuant to section
328J-7, from sections 328J-3, 328J-4, and 328J-5."
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that began before its effective date.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Smoking; Public Areas; Signage; County Smoking Ordinances
Description:
Exempts dispenser and cabaret licensees from smoking prohibitions under certain conditions, including the posting of signs indicating that smoking is permitted. Specifies that county ordinances shall not more stringently restrict or prohibit smoking in exempt areas.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
