HOUSE OF REPRESENTATIVES

H.B. NO.

1692

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

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  Statutory material to be repealed is bracketed and stricken.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:

_____________________________

 

 


 


 

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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