STAND. COM. REP. NO. 82

Honolulu, Hawaii

RE:    S.B. No. 945

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Madam:

     Your Committee on Health, to which was referred S.B. No. 945 entitled:

"A BILL FOR AN ACT RELATING TO SMOKING,"

begs leave to report as follows:

     The purpose and intent of this measure is to allow condominium associations and cooperative housing corporations to adopt rules to prohibit smoking in units, common elements, or limited common elements.

     Your Committee received testimony in support of this measure from the Coalition for a Tobacco-Free Hawaii.  Your Committee received testimony in opposition to this measure from the Hawaii Smokers Alliance and four individuals.  Your Committee received comments on this measure from the Hawaii Chapter of the Community Associations Institute. 

     Your Committee finds that secondhand smoke is dangerous and can be extremely harmful to human health.  Your Committee further finds that owners' property rights must be respected.

     Your Committee has amended this measure by requiring a majority of tenant shareholders or owners, as appropriate, to approve a smoking prohibition in dwelling units, common elements, or limited common elements before a condominium association or cooperative housing corporation is authorized to adopt any rule prohibiting smoking.

     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 S.B. No. 945, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 945, S.D. 1, and be referred to the Committee on Commerce and Consumer Protection.

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

____________________________

JOSH GREEN, Chair