STAND. COM. REP. NO. 77-04
Honolulu, Hawaii
, 2004
RE: H.B. No. 2871
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Sir:
Your Committees on Health and Labor and Public Employment, to which was referred H.B. No. 2871 entitled:
"A BILL FOR AN ACT RELATING TO TOBACCO,"
beg leave to report as follows:
The purpose of this bill is to create a healthy school environment by:
(1) Prohibiting any person from smoking any tobacco product:
(a) On the premises of any public school;
(b) On school transport; and
(c) During any school-sponsored event or function;
and
(2) Excluding from labor negotiations the prohibition of smoking in public schools.
The Department of Human Resources Development, Department of Health, Hawaii State Medical Association, American Lung Association of Hawaii, American Cancer Society, American Heart Association of Hawaii, Coalition for a Tobacco Free Hawaii, a member of the Hawaii County Council, and numerous concerned individuals testified in support of this measure.
The Department of Education (DOE) and Hawaii State Teachers Association (HSTA) offered comments.
Your Committees find that smoking on public school campuses has been a concern. Although some employees are currently prohibited from smoking on campus, they sometimes smoke just outside of the school entrance gates. Your Committees also note that DOE and HSTA supported the purpose of this measure which is to protect youth from smoking. However, HSTA brought up a concern regarding the collective bargaining process. DOE brought up a concern that this measure might exceed provisions of federal law.
Accordingly, your Committees have amended this bill by:
(1) Prohibiting smoking in any public area within 25 feet of entrance gates to public school property;
(2) Inserting a provision that this measure will not affect labor contracts in effect when the Act becomes effective; and
(3) Making technical, nonsubstantive amendments for purposes of clarity and style.
As affirmed by the records of votes of the members of your Committees on Health and Labor and Public Employment that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2871, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2871, H.D. 1, and be referred to the Committee on Education.
Respectfully submitted on behalf of the members of the Committees on Health and Labor and Public Employment,
|
____________________________ MARCUS R. OSHIRO, Chair |
____________________________ DENNIS A. ARAKAKI, Chair |