Bill Text: HI SB553 | 2021 | Regular Session | Introduced
Bill Title: Relating To Smoking.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2021-02-17 - The committee on HTH deferred the measure. [SB553 Detail]
Download: Hawaii-2021-SB553-Introduced.html
THE SENATE |
S.B. NO. |
553 |
THIRTY-FIRST LEGISLATURE, 2021 |
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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. The legislature finds that the risk of harm to people with respiratory diseases and multiple chemical sensitivities may be exacerbated and severe during periods of emergencies that require residents to shelter in place at home due to a pandemic. During a stay-at-home order in particular, the health of people with a chemical sensitivity to tobacco smoke can be imperiled, especially in multi-unit residences.
The legislature further finds that the governor's emergency powers to require residents to stay at home do not authorize the governor to mandate mitigation measures to protect persons with respiratory diseases and multiple chemical sensitivities.
The purpose of this Act is to allow the governor to prohibit smoking in multi-unit residences during an emergency order to stay at home.
SECTION 2. Section 127A-13, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) In the event of a state of emergency declared
by the governor pursuant to section 127A-14, the governor may exercise the
following additional powers pertaining to emergency management during the emergency
period:
(1) Provide
for and require the quarantine or segregation of persons who are affected with or
believed to have been exposed to any infectious, communicable, or other disease
that is, in the governor's opinion, dangerous to the public health and safety,
or persons who are the source of other contamination, in any case where, in the
governor's opinion, the existing laws are not adequate to assure the public
health and safety[;], and in the event that during the emergency period
the governor requires persons to stay at home, the governor may order mitigating
measures including prohibiting smoking in multi-unit residences; provide
for the care and treatment of the persons; supplement the provisions of sections
325-32 to 325-38 concerning compulsory immunization programs; provide for the
isolation or closing of property which is a source of contamination or is in a
dangerous condition in any case where, in the governor's opinion, the existing
laws are not adequate to assure the public health and safety, and designate as
public nuisances acts, practices, conduct, or conditions that are dangerous to
the public health or safety or to property; authorize that public nuisances be
summarily abated and, if need be, that the property be destroyed, by any police
officer or authorized person, or provide for the cleansing or repair of
property, and if the cleansing or repair is to be at the expense of the owner,
the procedure therefor shall follow as nearly as may be the provisions of
section 322-2, which shall be applicable; and further, authorize without the
permission of the owners or occupants, entry on private premises for any such
purposes;
(2) Relieve
hardships and inequities, or obstructions to the public health, safety, or
welfare, found by the governor to exist in the laws and to result from the operation
of federal programs or measures taken under this chapter, by suspending the
laws, in whole or in part, or by alleviating the provisions of laws on such
terms and conditions as the governor may impose, including licensing laws, quarantine
laws, and laws relating to labels, grades, and standards;
(3) Suspend
any law that impedes or tends to impede or be detrimental to the expeditious
and efficient execution of, or to conflict with, emergency functions, including
laws which by this chapter specifically are made applicable to emergency
personnel;
(4) Suspend
the provisions of any regulatory law prescribing the procedures for out-of-state
utilities to conduct business in the State including any licensing laws applicable
to out-of-state utilities or their respective employees, as well as any order,
rule, or regulation of any state agency, if strict compliance with the
provisions of any such law, order, rule, or regulation would in any way
prevent, hinder, or delay necessary action of a state utility in coping with
the emergency or disaster with assistance that may be provided under a mutual assistance
agreement;
(5) In
the event of disaster or emergency beyond local control, or an event which, in
the opinion of the governor, is such as to make state operational control
necessary, or upon request of the local entity, assume direct operational
control over all or any part of the emergency management functions within the
affected area;
(6) Shut
off water mains, gas mains, electric power connections, or suspend other
services, and, to the extent permitted by or under federal law, suspend
electronic media transmission;
(7) Direct
and control the mandatory evacuation of the civilian population;
(8) Exercise
additional emergency functions to the extent necessary to prevent hoarding,
waste, or destruction of materials, supplies, commodities, accommodations,
facilities, and services, to effectuate equitable distribution thereof, or to
establish priorities therein as the public welfare may require; to investigate;
and notwithstanding any other law to the contrary, to regulate or prohibit, by
means of licensing, rationing, or otherwise, the storage, transportation, use,
possession, maintenance, furnishing, sale, or distribution thereof, and any
business or any transaction related thereto;
(9) Suspend
section 8-1, relating to state holidays, except the last paragraph relating to
holidays declared by the president, which shall remain unaffected, and in the
event of the suspension, the governor may establish state holidays by
proclamation;
(10) Adjust
the hours for voting to take into consideration the working hours of the voters
during the emergency period, and suspend those provisions of section 11-131 that
fix the hours for voting, and fix other hours by stating the same in the
election proclamation or notice, as the case may be;
(11) Assure
the continuity of service by critical infrastructure facilities, both publicly
and privately owned, by regulating or, if necessary to the continuation of the
service thereof, by taking over and operating the same; and
(12) Except as provided in section 134-7.2, whenever in the governor's opinion, the laws of the State do not adequately provide for the common defense, public health, safety, and welfare, investigate, regulate, or prohibit the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution of, as well as any transaction related to, explosives, firearms, and ammunition, inflammable materials and other objects, implements, substances, businesses, or services of a hazardous or dangerous character, or particularly capable of misuse, or obstructive of or tending to obstruct law enforcement, emergency management, or military operations, including intoxicating liquor and the liquor business; and authorize the seizure and forfeiture of any such objects, implements, or substances unlawfully possessed, as provided in this chapter."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Emergency Order; Residential Homes; Smoking; Governor
Description:
Allows the governor to order mitigating measures including prohibiting smoking in multi-unit residences during an emergency order to stay at home.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.