Bill Text: HI SB2801 | 2010 | Regular Session | Introduced

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Bill Title: Smoking; Smoking Exemption; Organ Donation

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-27 - (S) Referred to HTH/TIA, WAM. [SB2801 Detail]

Download: Hawaii-2010-SB2801-Introduced.html

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THE SENATE	S.B. NO.	2801
TWENTY-FIFTH LEGISLATURE, 2010
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 two new sections to be appropriately designated and to read as follows:

     "§328J-A  Smoking establishment permit; fee.  (a)  Notwithstanding sections 328J-3, 328J-4, and 328J-14, or any other law to the contrary, beginning July 1, 2010, the department of taxation shall allow for the issuance of smoking establishment permits.

     (b)  There shall be a smoking establishment permit fee for each holder of a dispensers, club, or cabaret license under chapter 281, if the establishment is a permitted smoking establishment.  The smoking establishment permit fee shall be collected by the department of taxation, and shall be in addition to any other fees required.

     (c)  The smoking establishment permit fee shall be valid for a fiscal year that corresponds to the established fiscal year of the applicable county liquor commission, and shall not be pro-ratable.  Smoking establishment permit fees shall be available only as follows:

     (1)  $1,000 for class 5 category (1)(A) standard bars and class 6 clubs as specified in section 281-31 in which smoking is permitted;

     (2)  $2,000 for class 5 category (1)(C) and category (1)(D) premises as specified in section 281-31 in which smoking is permitted; and

     (3)  $3,000 for class 11 cabarets and class 5 category (1)(B) premises as specified in section 281-31 in which smoking is permitted.

(d)  The smoking establishment permit fees collected by the department of taxation shall be deposited into the Hawaii organ and tissue education special fund established under section 327-24.  The department of taxation may retain a portion, not to exceed ten per cent, of each smoking establishment permit fee collected that is directly related to actual costs and expenses of processing and administration of the smoking establishment permit fee established in this chapter.  The department of health shall remit moneys collected under this section and deposited into the Hawaii organ and tissue education special fund to an organ procurement organization in the State on a yearly basis.

(e)  Notwithstanding any other provision in this section, a smoking establishment permit may be canceled upon the permit holder's written request at any time, and any subsequent fees for a smoking establishment permit shall be forfeited.

§328J-B  Smoking establishment signs.  Notwithstanding any other provision of this chapter, all holders of a smoking establishment permit shall erect a sign no smaller than eight and one-half inches by eleven inches in dimension, which shall consist of block lettering at least one inch high, or the internationally recognized symbol of a green circle encasing a lit cigarette and which shall state as follows:  "THIS IS A SMOKER FRIENDLY BUSINESS.  SMOKING PERMITTED BY LAW."  All signs required under this section shall be posted in and at every entrance of every permitted smoking establishment in a clear and conspicuous manner at all times."

     SECTION 2.  Section 327-24, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§327-24[]]  Hawaii organ and tissue education special fund.  There is established in the state treasury the Hawaii organ and tissue education special fund.  Moneys collected under [section] sections 286-109.7 and 328J-A shall be deposited into the fund.  The fund shall be administered and distributed by the department of health and shall be used exclusively for public education programs and activities on organ, tissue, and eye donation[.]; provided that moneys collected under section 328J-A by the department of taxation and deposited into the special fund shall be distributed yearly to an organ procurement organization in the State by the department of health."

     SECTION 3.  Section 328J-1, Hawaii Revised Statutes, is amended by amending the definition of "bar" to read as follows:

     "Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises regardless of whether food is served, including but not limited to taverns, cocktail lounges, and cabarets, including outdoor areas of bars[.]; provided that establishments with a valid smoking establishment permit issued under section 328J-A shall not be included."

     SECTION 4.  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)  Establishments possessing a valid smoking establishment permit under section 328J-A."

     SECTION 5.  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 is at least as protective of the rights of nonsmokers as this chapter[.]; provided that no county shall strictly prohibit from operating any establishment with a valid smoking establishment permit pursuant to section 328J-A.

     (b)  Nothing in this chapter shall prohibit a county from enacting ordinances more stringent than this chapter[.]; except that no county shall prohibit from operating any establishment with a valid smoking establishment permit pursuant to section 328J-A."

     SECTION 6.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

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

     SECTION 8.  This Act shall take effect on July 1, 2010.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Smoking; Smoking Exemption; Organ Donation

 

Description:

Allows smoking in properly permitted liquor establishments not to include restaurants.  Requires collection of smoking establishment permit fee with proceeds to go towards organ donation education.

 

 

 

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