HOUSE OF REPRESENTATIVES

H.B. NO.

1370

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to smoking.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Since its inception, the Hawaii smoke-free ordinance has protected the health and welfare of the public by reducing the exposure to the danger of secondhand smoke.

     Enforcement of the law has been nonexistent due to the lack of funds and personnel.  Although a majority of establishments across the State have complied with the law, there are a few that continue to allow smoking on their premises without fear of negative consequences.

     The intent of this Act is to introduce a way to fund an enforcement system by allowing business owners to purchase smoking permits provided that certain preventative measures including air filtration and circulation devices are installed to mitigate the impact of secondhand smoke.

     SECTION 2.  Chapter 328J, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

     "§328J-A  Smoking permit; application; renewal; compliance.  (a)  No establishment subject to section 328J-3 shall permit smoking on its premises without a smoking permit issued pursuant to rules adopted by the department.

     (b)  Each initial permit or permit renewal application under this section shall be accompanied by a permit or permit renewal fee, to be determined by the department in accordance with rules adopted pursuant to chapter 91, for a smoking permit or permit renewal valid for one year.  All smoking permits shall expire on December 31 of each year.  The application for a permit renewal shall be submitted to the department in writing on or before December 31 annually.

     (c)  The department shall prescribe the information to be contained in the application and renewal forms.  Each form shall be signed by the applicant.  One copy of the initial smoking permit and any subsequent renewal application forms shall be retained by the department as a permanent official record.

     (d)  The department shall conduct site inspections and monitoring of permitted establishments and shall deny, suspend, or refuse to renew, reinstate, or restore, any permit or application if the establishment has failed to comply with the terms of its permit or any provision of this chapter or rule adopted hereunder.

     (e)  No later than October 1, 2011, the director shall adopt rules pursuant to chapter 91 to effectuate the purposes of this section, including:

     (1)  Preparing any forms that may be necessary;

     (2)  Establishing standards and specifications for required air circulation and filtration systems and equipment;

     (3)  Establishing schedules and conditions for site inspections and monitoring; and

     (4)  Providing for the issuance of permits to commence on January 1, 2012.

     §328J-B  Smoking permit compliance monitoring special fund.  (a)  There is established in the state treasury the smoking permit compliance monitoring special fund, into which shall be deposited:

     (1)  Smoking permit application fees;

     (2)  Smoking permit renewal fees;

     (3)  All accrued interest from the fund; and

     (4)  Appropriations made by the legislature.

     (b)  Moneys in the smoking permit compliance monitoring special fund shall be used to fund administrative, inspection, and compliance activities associated with smoking permits."

     SECTION 3.  Section 328J-1, Hawaii Revised Statutes, is amended by amending the definition of "bar" to read as follows:

     ""Bar" means an establishment [that is devoted to] whose primary business is the serving of alcoholic beverages for consumption by guests on the premises regardless of whether food is served, including but not limited to stand alone bars or bars that share the premises with another business, such as restaurants, taverns, cocktail lounges, and cabarets, including outdoor areas of bars."

     SECTION 4.  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(a)  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; provided that an airport may be issued a permit pursuant to section 328J-A and may elect to allow smoking on its premises in a designated area;

     (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; provided that a bar may be issued a permit pursuant to section 328J-A and may elect to allow smoking on its premises; provided further that:

         (A)  A stand alone bar that does not share its premises with another business may designate:

              (i)  The entire premises; or

             (ii)  A separately enclosed or partially enclosed area of the premises

              where smoking is allowed; and

         (B)  A bar that shares its premises with another business may designate:

              (i)  The entire area of the premises occupied by the bar; or

             (ii)  A separately enclosed or partially enclosed area of a portion of the premises occupied by the bar

              where smoking is allowed;

     (5)  Bowling alleys; provided that a bowling alley may be issued a permit pursuant to section 328J-A and may elect to allow smoking on its premises in a designated area;

     (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; provided that a nightclub may be issued a permit pursuant to section 328J-A and may elect to allow smoking on its premises in a designated area;

    (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.

(b)  An establishment listed in subsection (a) that is issued a smoking permit pursuant to section 328J-A shall install and use air circulation and filtration systems and equipment that meet the requirements adopted by rule and shall ensure that smoke from any designated smoking area is vented to the outdoors and does not infiltrate into areas of the establishment where smoking is prohibited.

(c)  An establishment listed in subsection (a) that is issued a smoking permit pursuant to section 328J-A shall clearly and conspicuously post clearly legible signs that include the words "Smoking Allowed in Designated Smoking Area Only", as appropriate, with letters not less than one inch in height at the entrance to and inside of the establishment."

     SECTION 5.  Section 328J-15, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§328J‑15[]]  County ordinances.  (a)  Nothing in this chapter shall be construed to supersede or in any manner affect a county smoking ordinance; provided that the ordinance is at least as protective of the rights of nonsmokers as this chapter[.], except that no county shall prohibit smoking within an establishment that has a valid smoking permit pursuant to 328J-A.

     (b)  Nothing in this chapter shall prohibit a county from enacting ordinances more stringent than this chapter[.], except that no county shall prohibit smoking within an establishment that has a valid smoking permit pursuant to 328J-A."

     SECTION 6.  In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Smoking; Permits

 

Description:

Establishes smoking permit program and smoking permit compliance monitoring special fund. Authorizes specified establishments to receive a permit to allow smoking in designated areas.  Requires the director of health to adopt rules by 10/1/11, and to begin issuing smoking permits by 1/1/12.

 

 

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