Smoking ban; airports

Provides for a ban against smoking in all airport facilities
unless specifically permitted in an enclosed designated area.

THE SENATE                              S.B. NO.           2665
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 328K-2, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "328K-2 Prohibition in certain places open to the public.
 4 Except as otherwise provided in this part, smoking shall be
 5 prohibited in the following places within the State:
 6      (1)  Elevators in buildings open to and used by the public,
 7           including elevators in apartment and other multi-unit
 8           residential buildings;
 9      (2)  Semiprivate rooms, wards, waiting rooms, lobbies, and
10           public hallways of public and private health care
11           facilities, including, but not limited to, hospitals,
12           clinics, and physicians' and dentists' offices.
13           Smoking shall be permitted in a private room or in a
14           semiprivate room when there is no objection by any
15           patient occupying such room;
16      (3)  Restaurants.
17           (A)  All restaurants shall provide nonsmoking areas
18                which are reasonably proportionate to the
19                preference of the users and so located as to
20                obtain the maximum effect of existing physical 

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                                     S.B. NO.           2665

 1 barriers and ventilation systems, and seating arrangements, to
 2 minimize the toxic effect of smoke in adjacent nonsmoking areas;
 3 provided no fixed structural or other physical modifications of
 4 the restaurant shall be required; and
 5           (B)  Nothing in this paragraph shall prevent a
 6                proprietor or person in charge of a facility from
 7                designating the entire restaurant as a nonsmoking
 8                area.  Owners or proprietors of restaurants may
 9                expand or contract the size of designated
10                nonsmoking areas to meet the requirements of their
11                patrons;
12      (4)  Any room which is used primarily for exhibiting any
13           motion picture, stage drama, dance, musical
14           performance, or other similar performance during the
15           time that the room is open to the public for such
16           performance;
17      (5)  Museums, libraries, and galleries;
18      (6)  The following facilities or areas in state or county
19           owned or controlled buildings:
20           (A)  Meeting or conference rooms;
21           (B)  Auditorium or sports areas that are enclosed;
22           (C)  Community centers where persons may gather for

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                                     S.B. NO.           2665

 1                meetings, parties, or any other purpose where the
 2                area is enclosed; and
 3           [(D) Waiting areas, baggage claim areas, and check-in
 4                counters within buildings in all state airports;
 5                and
 6           (E)] (D) All areas open to the public, including
 7           service counters and reception or waiting areas;
 8      (7)  Except as otherwise provided in this section, all areas
 9           open to the public in the following business
10           establishments:
11           (A)  Banks;
12           (B)  Credit unions;
13           (C)  Financial services loan companies;
14           (D)  Retail stores; and
15           (E)  Savings and loan associations;
16      (8)  Any restroom open to the public;
17      (9)  Taxicabs, when carrying nonsmoking passengers;
18      (10) Cruise ships.  The dining area of all cruise ships
19           shall include a nonsmoking area which is reasonably
20           proportionate to the preference of the users and so
21           located as to obtain the maximum effect of existing
22           physical barriers and ventilation systems, and seating
23           arrangements, to minimize the toxic effect of smoke;

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                                     S.B. NO.           2665

 1           provided no fixed structural or other physical
 2           modifications of the cruise ship shall be required.
 3           This paragraph shall not apply to any cruise ship that
 4           does not serve any food or meals during its course of
 5           operation, or where the service of food is only
 6           incidental to the consumption of alcoholic beverages;
 7           [and]
 8      (11) State or county owned or controlled airports.  All
 9           baggage claim and curbside areas, check-in counters
10           within the building, and waiting areas, including but
11           not limited to covered walkways and breezeways;
12           provided that completely enclosed segregated smoking
13           areas may be designated by the respective state or
14           county agency having control of the area; and
15      (12) Notwithstanding the exceptions stated in section
16           328K-3, any area open to the public which has been
17           designated by the person having control of the area as
18           a nonsmoking area and marked with a "no smoking" sign."
19      SECTION 2.  Statutory material to be repealed is bracketed.
20 New statutory material is underscored.
21      SECTION 3.  This Act shall take effect upon its approval.
23                           INTRODUCED BY:_________________________