HB2306 HD1.DOC

SECTION 1. Chapter 328J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§328J- Establishments at which smoking is permitted. (a) Every establishment identified in section 328J-3(b) shall comply with the requirements of section 328J-3(c) prior to permitting smoking within its premises.

(b) The department shall adopt rules under chapter 91 to effectuate this section."

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. (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;

(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.

(b) Notwithstanding subsection (a), smoking shall be permitted in the following places in any county with a population of at least seven hundred thousand:

(1) Bars that post signs pursuant to section 328J-9(b) and that hold a dispenser or cabaret license pursuant to section 281-31; and

(2) Nightclubs that post signs pursuant to section 328J-9(b) and that hold a dispenser or cabaret license pursuant to section 281-31;

(1) Obtain a license from the department; and

(2) Provide an adequate area within their premises in which smoking is prohibited,

pursuant to section 328J- ."

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

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

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

(7) State correctional facilities; provided that smoking shall only be authorized for employees and volunteers of a correctional facility in an area outside the secure confines of a correctional facility restricted from access by inmates or detainees that has been designated by the warden of a correctional facility[.]; and

(8) The premises of establishments identified in section 328J-3(b) that comply with section 328J-3(c)."

SECTION 4. Section 328J-8, Hawaii Revised Statutes, is amended to read as follows:

"[[]§328J‑8[]] Declaration of establishment as nonsmoking. (a) Notwithstanding any other provision of this chapter, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that an entire establishment, facility, or outdoor area or any part thereof as a place where smoking is prohibited.

(b) Smoking shall be prohibited in any place in which a sign conforming to the requirements of section [~~328J-9~~] 328J‑9(a) is posted."

SECTION 5. 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 Permitted" with letters of not less than one inch in height or the international "Smoking Permitted" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a green circle, shall be clearly and conspicuously posted at the entrance to and inside every establishment identified in section 328J-3(b)."

SECTION 6. 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~~] that is at least as protective of the rights of nonsmokers as this chapter[.]; provided that no county ordinance shall prohibit or impede smoking within the premises of establishments pursuant to sections 328J-3(b) and section 328J-7(8).

(b) Nothing in this chapter shall prohibit a county from enacting ordinances more stringent than this chapter[.]; provided that no county ordinance shall more stringently restrict or prohibit smoking within the premises of establishments pursuant to sections 328J-3(b) and section 328J-7(8)."

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

SECTION 8. This Act shall take effect on January 1, 2112.

HOUSE OF REPRESENTATIVES	H.B. NO.	2306
TWENTY-SIXTH LEGISLATURE, 2012		H.D. 1
STATE OF HAWAII