HOUSE OF REPRESENTATIVES |
H.B. NO. |
1692 |
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-6, Hawaii Revised Statutes, is amended to read as follows:
"[[]§328J‑6[]]
Presumptively reasonable distance. Smoking is prohibited within a
presumptively reasonable minimum distance of twenty feet from entrances, roofline
borders of entrances, exits, awnings, windows that open, and ventilation
intakes that serve an enclosed or partially enclosed area where smoking is
prohibited. Owners, operators, managers, employers, or other persons who own
or control a place open to the public or place of employment may seek to rebut
the presumption that twenty feet is a reasonable distance by submitting an
application to the department. The presumption will be rebutted if the
applicant can show by clear and convincing evidence that, given the
circumstances presented by the location of entrances, roofline borders of
entrances, exits, awnings, windows that open, ventilation intakes,
or other factors, smoke will not infiltrate into the place open to the public
or place of employment."
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 Statutory material to be repealed is bracketed and stricken.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:
Smoking; Reasonable Distance; Roofline Borders of Entrances and Awnings
Description:
Prohibits smoking within a presumptively reasonable distance of 20 feet from roofline borders of entrances and awnings that serve an enclosed or partially enclosed area where smoking is prohibited.
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