reglab/housing_qa huggingface dataset:
HI Rev Stat § 328E-5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328E. Intoxicating Compounds|328E-5 Misdemeanor.

  §328E-5 Misdemeanor. Whosoever violates any provision of this chapter shall be guilty of a misdemeanor. [L 1970, c 204, §5]
HI Rev Stat § 328J-2 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328J. Smoking|328J-2 Prohibition in facilities owned by the State or the counties

 §328J-2 Prohibition in facilities owned by the State or the counties. Smoking shall be prohibited in all enclosed or partially enclosed areas, including buildings and vehicles owned, leased, or operated by the State or any county. [L 2006, c 295, pt of §2]
HI Rev Stat § 328J-3 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328J. Smoking|328J-3 Prohibition in enclosed or partially enclosed places open to the public.

 §328J-3 Prohibition in enclosed or partially enclosed places open to the public. Smoking shall be prohibited in all enclosed or partially enclosed areas open to the public, including but not limited to the following places:  (1) Airports and public transportation facilities and vehicles, including buses and taxicabs, under the authority of the State or county, and ticket, boarding, and waiting areas of public transit depots, including airports from curb to cabin and including all areas within and immediately in front of and adjacent to passenger terminals and pick-up areas, throughout the airport facility, and up to the passenger loading gates of all state airports;  (2) Aquariums, galleries, libraries, and museums;  (3) Areas available to and customarily used by the general public, including but not limited to restrooms, lobbies, reception areas, hallways, and other common areas, in businesses and nonprofit entities patronized by the public, including but not limited to professional offices, banks, laundromats, hotels, and motels;  (4) Bars;  (5) Bowling alleys;  (6) Convention facilities;  (7) Educational facilities, both public and private;  (8) Elevators;  (9) Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance, except when part of the performance;  (10) Health care facilities;  (11) Hotel and motel lobbies, meeting rooms, and banquet facilities;  (12) Licensed child care and adult day care facilities;  (13) Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, multifamily dwellings, and other multiple-unit residential facilities;  (14) Nightclubs;  (15) Polling places;  (16) Restaurants;  (17) Retail stores;  (18) Rooms, chambers, places of meeting or public assembly under the control of an agency, board, commission, committee or council of the State or county, to the extent the place is subject to the jurisdiction of the State or county;  (19) Service lines; and  (20) Shopping malls. [L 2006, c 295, pt of §2]
HI Rev Stat § 328J-4 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328J. Smoking|328J-4 Prohibition in enclosed or partially enclosed places of employment.

 §328J-4 Prohibition in enclosed or partially enclosed places of employment. Smoking shall be prohibited in all enclosed or partially enclosed areas of places of employment. [L 2006, c 295, pt of §2]
HI Rev Stat § 328J-5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328J. Smoking|328J-5 Prohibition in sports arenas, outdoor arenas, stadiums, and amphitheaters

 §328J-5 Prohibition in sports arenas, outdoor arenas, stadiums, and amphitheaters. Smoking shall be prohibited in the enclosed or partially enclosed areas and in seating areas of sports arenas, outdoor arenas, stadiums, and amphitheaters. [L 2006, c 295, pt of §2]
HI Rev Stat § 328J-6 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328J. Smoking|328J-6 Presumptively reasonable distance.

 §328J-6 Presumptively reasonable distance. Smoking is prohibited within a presumptively reasonable minimum distance of twenty feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed or partially enclosed area where smoking is prohibited. Owners, operators, managers, employers, or other persons who own or control a place open to the public or place of employment may seek to rebut the presumption that twenty feet is a reasonable distance by submitting an application to the department. The presumption will be rebutted if the applicant can show by clear and convincing evidence that, given the circumstances presented by the location of entrances, exits, windows that open, ventilation intakes, or other factors, smoke will not infiltrate into the place open to the public or place of employment. [L 2006, c 295, pt of §2]
HI Rev Stat § 328J-7 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328J. Smoking|328J-7 Exceptions

 §328J-7 Exceptions. Notwithstanding any other provision of this chapter to the contrary, the following areas shall be exempt from the provisions of sections 328J-3, 328J-4, and 328J-5:  (1) Private residences, except when used as a licensed child care, adult day care, or health care facility;  (2) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided that not more than twenty per cent of rooms rented to guests in a hotel or motel may be so designated. All smoking rooms on the same floor shall be contiguous and smoke from these rooms shall not infiltrate into areas where smoking is prohibited under this chapter. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms;  (3) Retail tobacco stores; provided that smoke from these places shall not infiltrate into areas where smoking is prohibited under this chapter;  (4) Private and semiprivate rooms in nursing homes and long-term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted; provided that smoke from these places shall not infiltrate into areas where smoking is prohibited under this chapter;  (5) Outdoor areas of places of employment except those covered by the provisions of sections 328J-3 and 328J-5;  (6) All areas covered by this chapter when smoking is part of a production being filmed; and  (7) State correctional facilities; provided that smoking shall only be authorized for employees and volunteers of a correctional facility in an area outside the secure confines of a correctional facility restricted from access by inmates or detainees that has been designated by the warden of a correctional facility. [L 2006, c 295, pt of §2; am L 2009, c 99, §1]
HI Rev Stat § 328J-8 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328J. Smoking|328J-8 Declaration of establishment as nonsmoking.

  §328J-8  Declaration of establishment as nonsmoking. (a) Notwithstanding any other provision of this chapter, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that an entire establishment, facility, or outdoor area or any part thereof as a place where smoking is prohibited.   (b) Smoking shall be prohibited in any place in which a sign conforming to the requirements of section 328J-9 is posted. [L 2006, c 295, pt of §2]
HI Rev Stat § 328J-9 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328J. Smoking|328J-9 Signs.

  §328J-9 Signs. Clearly legible signs that include the words "Smoking Prohibited by Law" with letters of not less than one inch in height or the international "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, shall be clearly and conspicuously posted in and at the entrance to every place open to the public and place of employment where smoking is prohibited by this chapter by the owner, operator, manager, or other person in control of that place. [L 2006, c 295, pt of §2]
HI Rev Stat § 328J-10 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328J. Smoking|328J-10 Nonretaliation and nonwaiver of rights.

  §328J-10 Nonretaliation and nonwaiver of rights. (a)  No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by this chapter or reports or attempts to prosecute a violation of this chapter.  (b) An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party. [L 2006, c 295, pt of §2]
HI Rev Stat § 328J-11 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328J. Smoking|328J-11 Compliance and administration.

  §328J-11 Compliance and administration. (a) Enforcement of compliance with this chapter shall be under the jurisdiction of the department.  (b) The director shall adopt rules under chapter 91 as are appropriate to carry out the purposes of this chapter and for the efficient administration thereof.  (c) Any citizen who wants to register a complaint under this chapter may initiate an enforcement action with the department as set forth by the director.  (d) An owner, manager, operator, or employee of an establishment regulated by this chapter shall inform persons violating this chapter of its provisions.  (e) Notwithstanding any other provision of this chapter, an employee or private citizen may bring legal action to enforce this chapter.  (f) Notwithstanding any other provision of this chapter, the department, other appropriate county agency, county, or any other person aggrieved by the failure of the owner, operator, manager, or other person in control of a place open to the public or a place of employment to comply with this chapter may apply for injunctive relief to enforce this chapter in any court of competent jurisdiction. [L 2006, c 295, pt of §2]
HI Rev Stat § 328J-11.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328J. Smoking|328J-11.5 Statewide concern.

 §328J-11.5 Statewide concern. (a) Sales of cigarettes, tobacco products, and electronic smoking devices are a statewide concern. It is the intent of the legislature to regulate the sale of cigarettes, tobacco products, and electronic smoking devices in a uniform and exclusive manner.  (b) All local ordinances or regulations that regulate the sale of cigarettes, tobacco products, and electronic smoking devices are preempted, and existing local laws and regulations conflicting with this chapter are null and void.  (c) Nothing in this chapter shall be construed to limit a county's authority under section 328J-15. [L 2018, c 206, §6]
HI Rev Stat § 328J-12 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328J. Smoking|328J-12 Penalties.

  §328J-12 Penalties. (a) A person who smokes in an area where smoking is prohibited by this chapter shall be guilty of a violation and fined not more than $50 to be deposited into the general fund. The district courts may assess costs not to exceed $25 for issuing a penal summons upon any person who fails to appear at the place within the time specified in the citation issued to the person.  (b) Any authorized police officer, upon making an arrest, shall take the name and address of the alleged violator and shall issue the violator a summons or citation in writing.  (c) There shall be provided for use by an officer or employee of the respective government jurisdictions, duly authorized to issue a summons or citation, or any police officer, a form of summons or citation for use in citing a violator of this chapter that shall not provide for the physical arrest of the violator. The form and content of this summons or citation shall be as adopted or prescribed by the administrative judge of the district court. When a citation is issued, the original of the citation shall be given to the violator; provided that the administrative judge of the district court may prescribe that the violator be given a copy of the citation and provide for the disposition of the original and any other copies. Every citation shall be consecutively numbered and each copy shall bear the same number as its respective original.  (d) If any person fails to comply with a penal summons given to the person, the court shall issue a warrant for the person's arrest.  (e) Any police officer or other officer or employee of the respective government jurisdictions may eject from the premises any person to whom a citation has been issued and who continues to smoke after the person has been so cited.  (f) A person who owns, manages, operates, or otherwise controls any place or facility designated by this chapter and fails to comply with this chapter shall be guilty of a violation and fined:  (1) Not more than $100 for a first violation;  (2) Not more than $200 for a second violation within one year of the date of the first violation; and  (3) Not more than $500 for each additional violation within one year of the date of the preceding violation.  (g) In addition to the fines established by this section, violation of this chapter by a person who owns, manages, operates, or otherwise controls any place or facility designated by this chapter may result in the suspension or revocation of any permit or license issued to the person or the place for the premises on which the violation occurred.  (h) Each day on which a violation of this chapter occurs shall be considered a separate and distinct violation. [L 2006, c 295, pt of §2]
HI Rev Stat § 328J-13 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328J. Smoking|328J-13 Public education.

  §328J-13 Public education. The department shall engage in a public education program to explain and clarify the purposes and requirements of this chapter to the public, and to guide owners, operators, and managers in their compliance with it. The program may include but is not limited to publication of a brochure for affected businesses and individuals explaining this chapter. [L 2006, c 295, pt of §2]
HI Rev Stat § 328J-14 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328J. Smoking|328J-14 Other applicable laws.

  §328J-14 Other applicable laws. This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. [L 2006, c 295, pt of §2]
HI Rev Stat § 328J-15 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328J. Smoking|328J-15 County ordinances.

  §328J-15 County ordinances. (a) Nothing in this chapter shall be construed to supersede or in any manner affect a county smoking ordinance; provided that the ordinance is at least as protective of the rights of nonsmokers as this chapter.  (b) Nothing in this chapter shall prohibit a county from enacting ordinances more stringent than this chapter. [L 2006, c 295, pt of §2]
HI Rev Stat § 328J-16 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328J. Smoking|328J-16 Cigarette sales from vending machines and by lunch wagons prohibited.

  §328J-16 Cigarette sales from vending machines and by lunch wagons prohibited. (a) The sale or distribution at no charge of cigarettes by the following methods is prohibited:  (1) From cigarette vending machines unless the vending machine is located in a bar, cabaret, or any establishment for which the minimum age for admission is eighteen; or  (2) From a lunch wagon engaging in any sales activity within one thousand feet of any public or private elementary or secondary school grounds.  (b) Violations of subsection (a), including placement of a cigarette vending machine in a location other than a bar, cabaret, or any establishment for which the minimum age for admission is eighteen, are subject to a fine of up to $1,000 per day for each violation.  (c) As used in this section:  "Cigarette vending machine" means a self-service device that dispenses cigarettes, cigars, tobacco, or any other product containing tobacco.  "Lunch wagon" means a mobile vehicle designed and constructed to transport food and from which food is sold to the general public and includes but is not limited to manapua trucks.  "Sell" or "sale" means to solicit and receive an order for; to have, keep, offer, or expose for sale; to deliver for value or in any other manner than purely gratuitously; to peddle; to keep with intent to sell; or to traffic in. [L 2006, c 295, pt of §2]
HI Rev Stat § 328J-17 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328J. Smoking|328J-17 Distribution of sample cigarette or tobacco products, cigarette or tobacco promotional materials, and coupons redeemable for cigarette or tobacco products or promotional materials.

  §328J-17 Distribution of sample cigarette or tobacco products, cigarette or tobacco promotional materials, and coupons redeemable for cigarette or tobacco products or promotional materials. (a) It is unlawful for any person to distribute samples of cigarette or tobacco products, or coupons redeemable for cigarette or tobacco products, in or on any public street, sidewalk, or park, or within one thousand feet of any elementary, middle or intermediate, or high school.  (b) It is unlawful for any person to distribute cigarette or tobacco promotional materials, or coupons redeemable for cigarette or tobacco promotional materials, within one thousand feet of any elementary, middle or intermediate, or high school.  (c) This section shall not apply:  (1) Within private commercial establishments, such as stores and restaurants, where tobacco products are sold, as long as distribution is not visible to the public from outside the establishment; or  (2) To commercial establishments where access to the premises by persons under eighteen years of age is prohibited by law.  (d) Any person convicted of violating this section shall be fined not more than $1,000.  (e) As used in this section:  "Distribute" means to pass out to members of the general public free of charge for the exclusive purpose of promoting a product. [L 2006, c 295, pt of §2]
HI Rev Stat § 328J-18 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328J. Smoking|328J-18 Placement of cigarettes and tobacco products.

  §328J-18 Placement of cigarettes and tobacco products. (a) Except as otherwise provided under this section, a retailer may sell cigarettes, smokeless tobacco, and all other tobacco products only in a direct, face-to-face exchange between the retailer and the consumer. Examples of methods of sale that are not permitted include vending machines and self-service displays.  (b) A retailer may only display or store cigarettes and tobacco products:  (1) Behind a sales counter or in any other area of the establishment that is inaccessible to the public; or  (2) In a locked container.  (c) This section shall not apply to:  (1) A duty-free sales enterprise selling duty-free merchandise in accordance with the provisions of title 19 United States Code section 1555(b), and any implementing regulations; and  (2) Retail tobacco stores, bars, or any other establishment for which the minimum age for admission is eighteen. [L 2013, c 227, §3; am L 2018, c 206, §7]
HI Rev Stat § 328L-1 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328L. Hawaii Tobacco Settlement Moneys|328L-1 Definitions.

 §328L-1 Definitions. Whenever used in this chapter, unless the context otherwise requires:  "Children's health program" means health care for needy children.  "Department" means the department of health.  "Director" means the director of health.  "Health promotion and disease prevention programs" means those public health programs that attempt to reduce resources spent on treating preventable illness and functional impairment, enhance the quality of life, and reduce disparities in the health status of populations.  "Tobacco prevention and control" means activities or programs that attempt to reduce tobacco consumption.  "Tobacco settlement moneys" refers to moneys received by the State pursuant to the tobacco master settlement agreement. [L 1999, c 304, pt of §2]
HI Rev Stat § 328L-2 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328L. Hawaii Tobacco Settlement Moneys|328L-2 Hawaii tobacco settlement special fund.

 §328L-2 Hawaii tobacco settlement special fund. (a) There is established in the state treasury the Hawaii tobacco settlement special fund into which shall be deposited:  (1) All tobacco settlement moneys; and  (2) All interest and earnings accruing from the investment of moneys in the fund; provided that of all tobacco settlement moneys received by the State each fiscal year, the sum representing the first $350,000 of those moneys shall first be deposited in the state treasury in each fiscal year to the credit of the tobacco enforcement special fund. The Hawaii tobacco settlement special fund shall be administered by the department.  (b) The fund shall be used for the purpose of receiving, allocating, and appropriating the tobacco settlement moneys as follows:  (1) Fifteen per cent shall be appropriated into the emergency and budget reserve fund under section 328L-3;   (2) Twelve and one-half per cent shall be appropriated into the Hawaii tobacco prevention and control trust fund under section 328L-5;  (3) Twenty-six per cent shall be appropriated into the university revenue-undertakings fund created in section 304A-2167.5, to be applied to the payment of the principal of and interest on, and to generate required coverage, if any, for, revenue bonds issued by the board of regents of the University of Hawaii to finance the cost of construction of a university health and wellness center, including a new medical school facility, to be situated on the island of Oahu; and  (4) Any remaining amounts shall be deposited to the credit of the state general fund; in the succeeding fiscal year. [L 1999, c 304, pt of §2; am L 2001, c 270, §11; am L Sp 2001 3d, c 14, §2; am L 2003, c 177, §6 and c 178, §57; am L 2006, c 75, §11; am L 2007, c 264, § §1, 4; am L 2008, c 16, §22; am L 2009, c 119, § §2, 6; am L 2010, c 138, §2; am L 2011, c 124, §59; am L 2012, c 2, § §2, 6; am L 2015, c 118, §2] Case Notes  Where plaintiffs, Hawai €˜i medicaid recipients who suffered from tobacco-related illnesses, alleged that state officials violated and continued to violate federal disbursement rules for medicaid recovery: plaintiffs had standing; plaintiffs' claims were ripe for adjudication; suit not barred by sovereign immunity under the Eleventh Amendment; plain language of amendment to federal medicaid statute barred plaintiffs' claims to any portion of master settlement agreement funds. 311 F.3d 929.
HI Rev Stat § 328L-4 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328L. Hawaii Tobacco Settlement Moneys|328L-4 REPEALED.

  §328L-4 REPEALED. L 2015, c 118, §4. Note  L 2015, c 35, §49 purports to amend this section.