Report Title:

Smoking

 

Description:

Requires the Department of Health to promulgate rules governing smoking in outdoor areas of restaurants.  Requires posting of appropriate signs.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

3318

TWENTY-FOURTH LEGISLATURE, 2008

 

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-7, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§328J‑7[]]  Exceptions.  Notwithstanding any other provision of this chapter to the contrary, the following areas shall be exempt from the provisions of sections 328J‑3, 328J‑4, and 328J‑5:

     (1)  Private residences, except when used as a licensed child care, adult day care, or health care facility;

     (2)  Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided that not more than twenty per cent of rooms rented to guests in a hotel or motel may be so designated.  All smoking rooms on the same floor shall be contiguous and smoke from these rooms shall not infiltrate into areas where smoking is prohibited under this chapter.  The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms;

     (3)  Restaurants which have designated outdoor smoking areas in accordance with rules to be promulgated by the department;

    [(3)] (4)  Retail tobacco stores; provided that smoke from these places shall not infiltrate into areas where smoking is prohibited under this chapter;

    [(4)] (5)  Private and semiprivate rooms in nursing homes and long-term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted; provided that smoke from these places shall not infiltrate into areas where smoking is prohibited under this chapter;

    [(5)] (6)  Outdoor areas of places of employment except those covered by the provisions of sections 328J‑3 and 328J‑5;

    [(6)] (7)  All areas covered by this chapter when smoking is part of a production being filmed; and

    [(7)] (8)  State correctional facilities."

     SECTION 2.  Section 328J-9, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§328J‑9[]Signs(a)  Clearly legible signs that include the words "Smoking Prohibited by Law" with letters of not less than one inch in height or the international "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, shall be clearly and conspicuously posted in and at the entrance to every place open to the public and place of employment where smoking is prohibited by this chapter by the owner, operator, manager, or other person in control of that place.

     (b)  Clearly legible signs that include the words "Smoking in outdoor areas of this restaurant is allowed" with letters not less than one inch in height shall be clearly and conspicuously posted in and at the entrance to the designated smoking areas of restaurants allowed by department rules to have outdoor smoking areas by the owner, operator, manager, or other person in control of that place."

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

     SECTION 4.  This Act shall take effect upon its approval.

 

 

INTRODUCED BY:

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