STAND. COM. REP. NO.  490

Honolulu, Hawaii

                , 2011

RE:   H.B. No. 1494

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Health, to which was referred H.B. No. 1494 entitled:

"A BILL FOR AN ACT RELATING TO SMOKING IN CONDOMINIUMS,"

begs leave to report as follows:

     The purpose of this bill is to help protect the public health by:

     (1)  Requiring condominium associations to adopt bylaws or rules prohibiting smoking in all common elements and limited common elements that are covered; and

     (2)  Authorizing condominium association to adopt bylaws or rules to prohibit smoking within condominium dwelling units.

     A concerned individual supported this bill.  The Coalition for a Tobacco-free Hawaii supported the intent of this measure.  A concerned individual opposed this bill.

     Your Committee has amended this bill by:

     (1)  Removing language authorizing condominium associations to adopt bylaws or rules to prohibit smoking within condominium dwelling units;

     (2)  Requiring condominium associations to designate a covered and accessible smoking area along with their adoption of bylaws and rules prohibiting smoking in common elements; and

     (3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1494, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1494, H.D. 1, and be referred to the Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Health,

____________________________

RYAN I. YAMANE, Chair