Bill Text: HI HB2531 | 2016 | Regular Session | Introduced

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Bill Title: Public Housing; Smoking; Violations

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-02-10 - The committee(s) on HLT recommend(s) that the measure be deferred. [HB2531 Detail]

Download: Hawaii-2016-HB2531-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2531
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to public housing.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 356D-6.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§356D-6.5[]]  Prohibition on smoking in and around public housing; designated smoking areas.  (a)  Smoking shall be prohibited in any public housing project, elder or elderly household, as defined in section 356D-1, or state low-income housing project, as defined in section 356D-51, within:

     (1)  Each individual housing unit;

     (2)  All common areas;

     (3)  Community facilities; and

     (4)  Twenty feet from each individual building of the public housing project or state low-income housing project, and from any entrance, exit, window, and ventilation intake that serves an enclosed or partially enclosed area.

     (b)  Notwithstanding subsection (a), the authority may designate one or more permissible smoking areas at least twenty feet away from any residential or other building, or any greater distance away as may ensure that the secondhand smoke does not infiltrate any dwelling unit.

     (c)  The authority shall place and maintain "No smoking" signage at all entrances and exits of the property.  The authority may display additional "No smoking" signage at residential and community facilities at their entrances and exits, offices, and in or at enclosed, partially enclosed, or open common areas for the purpose of conspicuous notice.

     (d)  The authority shall document each violation and retain all violations on a resident's record permanently, including for the duration of any existing lease agreement with the authority and applied to any future lease agreements with the authority.  Violations shall run consecutively rather than concurrently.

     [(d)] (e)  The authority may adopt rules pursuant to chapter 91 to effectuate the purposes of this section.

     [(e)] (f)  For purposes of this section:

     "Common areas" means roofs, halls, sidewalks, corridors, lobbies, stairs, stairways, fire escapes, entrances and exits of the building or buildings, basements, yards, gardens, recreational facilities, parking areas, storage spaces, and other parts of the project or household normally in common use or other areas designated by the authority.

     "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated tobacco product or plant product intended for inhalation in any manner or in any form.

     "Violation" means the commission of any act prohibited by subsection (a).  A violation includes but is not limited to:

     (1)  Any circumstance where authority staff, law enforcement, on-site security, or any other official entity charged with oversight of the premises:

         (A)  Witnesses a tenant, a nonresident, a guest who is visiting a resident, or any member of the resident's household smoking in any of the prohibited areas;

         (B)  Witnesses a smoking product, lit or unlit, in an ashtray, receptacle, or other location within any individual housing unit, including plumbing fixtures clogged by a smoking product or products and attributable to that individual unit;

         (C)  Witnesses smoke-clogged filters, smoking smells emanating from an individual unit, or both;

         (D)  Finds smoke film damage to walls or other structural surfaces in the unit of a tenant, licensee, or other occupant who moves in on or after July 1, 2016; or

         (E)  Witnesses any ashtray or similar receptacle containing smoking product ash in any individual housing unit; and

     (2)  Security camera evidence or other photo documentary evidence establishing clear and convincing identity of a resident smoking, holding, or carrying a lit smoking product in any of the prohibited areas."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2016.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Public Housing; Smoking; Violations

 

Description:

Requires the Hawaii public housing authority to document violations related to prohibited acts of smoking.  Defines the term "violation" as it relates to prohibited acts of smoking in and around public housing.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.