S.B. NO.



S.D. 2


H.D. 2


C.D. 1












SECTION 1. Chapter 356D, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"356D-   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 may adopt rules pursuant to chapter 91 to effectuate the purposes of this section.

(e) 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."

SECTION 2. Section 356D-92, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as otherwise provided, the authority may terminate any lease, rental agreement, permit, or license covering the use and occupation of any dwelling unit or other premises located within a public housing project and evict from any premises any tenant, licensee, or other occupant for any of the following reasons:

(1) Failure to pay rent when due;

(2) Violation of any of the provisions of a lease, rental agreement, permit, or license;

(3) Violation of any of the rules of the authority;

(4) Failure to maintain the dwelling unit in a clean, sanitary, and habitable condition; [or]

(5) Upon a third violation of section 356D-   ; provided that a violation of any of these terms by a non-resident, a guest who is visiting a resident, or by any member of the resident's household shall be deemed a violation by the resident; or

[(5)] (6) The existence of any other circumstances giving rise to an immediate right to possession by the authority."

SECTION 3. This Act does not affect the rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.




Report Title:

Public Housing; State Low-income Housing; Elder or Elderly Households; Smoking Prohibited



Prohibits smoking in and around public housing projects and state low-income housing projects under the jurisdiction of the Hawaii public housing authority and in and around elder or elderly households. (CD1)




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