STAND. COM. REP. NO. 752

Honolulu, Hawaii

RE: S.B. No. 269

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 269 entitled:

"A BILL FOR AN ACT RELATING TO CONDOMINIUMS,"

begs leave to report as follows:

The purpose and intent of this measure is to enable condominium associations to adopt rules and regulations that:

(1) Require unit owners to prohibit smoking inside a condominium unit as part of a lease agreement; and

(2) Prohibit smoking on a lanai of a condominium unit and in all common elements.

Your Committee received testimony in support of this measure from the Department of Health, Hawai‘i Public Health Institute, O‘ahu County Committee on Legislative Priorities of the Democratic Party of Hawai‘i, and seven individuals. Your Committee received testimony in opposition to this measure from the Hawaii Smokers Alliance and sixteen individuals. Your Committee received comments on this measure from Associa and one individual.

Your Committee finds that individuals who live in multi-unit housing are especially susceptible to involuntary exposure to secondhand smoke. Data shows that tobacco use is slightly higher among those living in multi-unit housing compared to single-family homes. Among those living in multi-unit dwellings with no smoking rules, approximately 34.4 percent experienced incursions of secondhand smoke from neighbors or somewhere in the building. Hawaii's relatively high volume of multi-unit housing dwellers leaves many in vulnerable situations.

Your Committee further finds that secondhand smoke exposure is causally linked to adverse health outcomes among non-smokers, including heart disease, stroke, lung cancer in adults, and increased risk of severe asthma attacks, respiratory infections, ear infections, and sudden infant death syndrome in children. Smoke-free policies are becoming the public norm, and the only way to effectively eliminate exposure to dangerous secondhand smoke is to prohibit tobacco use altogether. This measure supports a public health strategy toward comprehensive protections against involuntary exposure to secondhand smoke for those living in condominiums. Additionally, this measure protects unit owners from the high cost associated with the removal and damage caused by third-hand smoke.

Your Committee has heard the concerns raised in testimony that this measure's prohibition against smoking is limited only to tenants and will therefore have little impact on condominium projects that have a high percentage of owner-occupied units. Your Committee understands these concerns and concludes that amendments to this measure are needed.

Your Committee has amended this measure by:

(1) Clarifying that condominium associations may adopt rules and regulations prohibiting smoking in all units and the entire condominium project by all persons; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 269, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 269, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Health,

________________________________

ROSALYN H. BAKER, Chair