HOUSE OF REPRESENTATIVES

H.B. NO.

2180

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.  Chapter 328J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§328J-     Prohibition on lanais, balconies, terraces, or patios.  Smoking shall be prohibited on any open or partially enclosed lanai, balcony, terrace, or patio of any multifamily dwelling and other multiple-unit residential facility, including condominiums and apartment buildings."

     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] including:

          (A)  Buses and taxicabs;

          (B)  [ticket,] Ticket, boarding, and waiting areas of public transit depots, including unenclosed bus stops; and

          (C)  [including airports] 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."

     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:

_____________________________

 

 


 


 

Report Title:

Smoking; Prohibition; Bus Stops; Lanais

 

Description:

Prohibits smoking at bus stops and on lanais of multi-family residential dwellings.

 

 

 

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