THE SENATE

S.B. NO.

802

TWENTY-EIGHTH LEGISLATURE, 2015

S.D. 2

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SMOKING.

 

 

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

 


     SECTION 1.  Chapter 421I, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§421I-    Adoption of rules; prohibition of smoking permitted.  (a)  The board of directors of a corporation may adopt rules to prohibit tenant shareholders, guests, and all other persons from smoking, including but not limited to electronic smoking devices, in common elements or limited common elements, of the corporation.  The board of directors of a corporation may also adopt rules to prohibit tenant shareholders, guests, and all other persons from smoking on lanais of individual dwelling units after obtaining at least a majority of shareholders' approval by vote or written consent.

     (b)  For purposes of this section, "electronic smoking device" means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, hookah pipe, or hookah pen, and any cartridge or other component of the device or related product, whether or not sold separately."

     SECTION 2.  Section 514B-105, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  [Unless otherwise permitted by the declaration, bylaws, or this chapter, an] The board of directors of an association may adopt rules and regulations that affect the use of or behavior in units that may be used for residential purposes only to:

     (1)  Prevent any use of a unit [which] that violates the declaration or bylaws;

     (2)  Regulate any behavior in or occupancy of a unit [which] that violates the declaration or bylaws or unreasonably interferes with the use and enjoyment of other units or the common elements by other unit owners; [or]

     (3)  Prohibit smoking, including but not limited to electronic smoking devices, by an owner, resident, or guest in all common elements or limited common elements as defined in section 514B-3 and lanais of individuals units; provided that at least a majority of unit owners shall first approve the smoking ban on lanais; and provided further that for purposes of this paragraph, "electronic smoking device" means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, hookah pipe, or hookah pen, and any cartridge or other component of the device or related product, whether or not sold separately; or

    [(3)] (4)  Restrict the leasing of residential units to the extent those rules are reasonably designed to meet underwriting requirements of institutional lenders who regularly lend money secured by first mortgages on units in condominiums or regularly purchase those mortgages.

Otherwise, the association may not regulate any use of or behavior in units by means of the rules and regulations."

     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, 2112.


 


 

Report Title:

Smoking; Condominiums; Cooperative Housing Corporations; Prohibition by Rule; Electronic Smoking Device

 

Description:

Allows the boards of directors of condominiums and cooperative housing corporations to adopt rules prohibiting smoking, including but not limited to electronic smoking devices, in common elements, limited common elements, and on lanais.  (SB802 HD1)

 

 

 

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