HOUSE OF REPRESENTATIVES

H.B. NO.

1321

TWENTY-SEVENTH LEGISLATURE, 2013

 

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-1, Hawaii Revised Statutes, is amended as follows:

1.  By adding a new definition to be appropriately inserted and to read:

""E-cigarette" or "electronic cigarette" means any mechanical heating element, battery, or electronic circuit that can be used to deliver a vapor of nicotine or any other substance, and the use or inhalation of which simulates smoking.  This term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, personal vaporizer, electronic nicotine delivery device, electronic nicotine imitation cigarette, or any other product name or description, and any cartridge or component of the device or related product."

2.  By amending the definition of "smoke" or "smoking" to read:

     ""Smoke" or "smoking" means inhaling or exhaling the fumes of tobacco or any other plant material, [or] burning or carrying any lighted smoking equipment for tobacco or any other plant material[.], or using electronic cigarettes or e-cigarettes as defined in this chapter."

     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;

     (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;

    (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[.];

provided that the use of electronic cigarettes or e-cigarettes as defined in this chapter shall be allowed in a premises operating under a class 5 license granted by the liquor commission that is a stand-alone premises where food is not served; tobacco retail stores; private residences not used for child care or health care; and hotel rooms and motel rooms if permitted by the operator."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2013.

 

INTRODUCED BY:

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Report Title:

Electronic Cigarettes; Prohibited Places

 

Description:

Permits use of electronic cigarettes in stand-alone class 5 liquor licensees where food is not served; tobacco retail stores; private residences not used for child care or health care; and hotel and motel rooms if permitted by the operator.  Effective July 1, 2013.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.