S.B. NO.



S.D. 1
















     SECTION 1.  The legislature finds that secondhand smoke is a dangerous class A carcinogen in the same class as asbestos and benzene.  Secondhand smoke typically contains at least seven thousand identifiable chemicals, around seventy of which are known or probable carcinogens.  The fiftieth anniversary United States Surgeon General Report, released on January 17, 2014, states that any level of exposure to secondhand smoke is dangerous and over two and a half million nonsmokers have died from health problems caused by secondhand smoke since 1964.

     The legislature further finds that in general, children breathe in more air than adults because their lungs are still developing.  Children also have little or no control over their environments and cannot leave if secondhand smoke bothers them.  As a result, children exposed to secondhand smoke run a greater risk of suffering from the damaging health effects.

     According to the Centers for Disease Control and Prevention, secondhand smoke can cause heart disease, lung cancer, and stroke.  In children, secondhand smoke can also cause ear infections; more frequent and severe asthma attacks; respiratory symptoms such as coughing, sneezing, and shortness of breath; respiratory infections such as bronchitis and pneumonia; and a greater risk for sudden infant death syndrome.

     Studies have found that secondhand smoke exposure in vehicles is more concentrated than in bars and restaurants.  Secondhand smoke in a car causes the air to be many times more toxic than what the Environmental Protection Agency considers hazardous air quality, even when a window is down.  Smoke-free vehicle policies ensure that clear air is maintained within the vehicle while a child is inside.

     According to the Campaign for Tobacco-Free Kids, as of April 2016, the states of Arkansas, California, Louisiana, Maine, Oregon, Utah, Vermont, and Virginia, as well as Puerto Rico, have enacted smoke-free vehicle laws to protect minors.  In addition, Hawaii County Code, section 14-21(a)(12) prohibits smoking in any motor vehicle whenever occupied by a person less than eighteen years of age.

     The purpose of this Act is to amend state law to prohibit smoking in a motor vehicle when a minor is present.

     SECTION 2.  Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to part XII to be appropriately designated and to read as follows:

     "§291C-    Smoking in a motor vehicle in which a minor is present; prohibited.  (a)  No person shall smoke in a motor vehicle in which a person under the age of eighteen is present.

     (b)  For the purposes of this section, "smoke" shall have the same meaning as provided in section 328J-1.

     (c)  Any person who violates this section shall be fined $100."

     SECTION 3.  Section 291C-161, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Every person convicted under or found in violation of section 291C-12, 291C-12.5, 291C-12.6, 291C-13, 291C-14, 291C‑15, 291C-16, 291C-72, 291C-73, 291C-95, 291C-102, 291C-103, 291C-104, [or] 291C-105, or 291C-   shall be sentenced or fined in accordance with those sections."

     SECTION 4.  The department of health shall submit a report to the legislature regarding the enforceability of this Act and coordination of related data collection efforts of the respective law enforcement agencies, including any proposed legislation, no later than twenty days prior to the convening of the regular session of 2019.

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.



Report Title:

Statewide Traffic Code; Smoking; Motor Vehicle; Minors



Prohibits smoking in a motor vehicle in which a person under the age of eighteen is present.  Requires the department of health to report on the enforceability of this Act and coordination of related data collection activities of the respective law enforcement agencies.  (SD1)



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