STAND. COM. REP. NO. 726

Honolulu, Hawaii

RE:    S.B. No. 56

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 56, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ENFORCEMENT OF THE SMOKING PROHIBITION,"

begs leave to report as follows:

     The purpose of this measure is to encourage establishments to comply with the smoking prohibition that was established by the Legislature in 2006 by:

     (1)  Requiring county liquor commissions, within their respective counties, to condition the granting, renewal, refusal, suspension, or revocation of liquor license upon:

          (A)  A showing of satisfactory proof of compliance with the no smoking signage requirements; and

          (B)  An absence of a verified complaint filed against the licensee for violation of the smoking law.

     (2)  Conferring authority upon the liquor commissions to issue summons or citations for violation of the smoking law; and

     (3)  Increasing penalties for violations.

     Your Committee finds that this measure would enhance the enforcement of the smoking law since bars, nightclubs, restaurants, and other business establishments are common places for smoking.  However, your Committee is concerned that the liquor commissions lack sufficient resources for adequate enforcement.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 56, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

____________________________

BRIAN T. TANIGUCHI, Chair