Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committees on Labor and Education, to which was referred H.B. No. 2871, H.D. 2, entitled:

beg leave to report as follows:

The purpose of this bill is to promote the health and well-being of public school students by:

1. Prohibiting smoking by public employees on any public school property, on school transportation, and at school-sponsored functions; and
2. Excluding smoking in public schools as a negotiable item for all public employees.

The Department of Human Resources Development, the Department of Health, the Hawaii State Teachers Association, the Hawaii County Council, the American Heart Association, the American Lung Association of Hawaii, the American Cancer Society, the Hawaii Medical Service Association, the Hawaii Island Tobacco-Free Partnership, the Coalition for a Tobacco Free Hawaii, and several concerned citizens submitted testimony in support of this measure. The Department of Education submitted testimony in support of the intent of this measure.

One individual testified in opposition to this measure. The United Public Workers, Local 646, AFL-CIO also submitted comments on the measure.

Your Committees find that the Hawaii State Constitution provides for the right of public employees to collectively bargain. Additionally, your Committees are aware of the arbitration award issued by Edward Parnell in the matter between the United Public Workers and the Department of Education, wherein the arbitrator found that regulation of the use of tobacco by public employees is a mandatory subject for collective bargaining.

Your Committees have attempted to craft a compromise that addresses the interests of students to attend school in a smoke-free environment and the rights of the affected employees of bargaining units (1) and (10).

Your Committees are advancing this measure as a demonstration of their commitment to providing a safe and healthy school environment.

Accordingly, your Committees have amended this measure by:

1. Prohibiting the use of tobacco at public schools and at public school functions while providing breaks to affected employees;

Additionally, your Committees would like to recognize the efforts of the Department of Education and the United Public Workers in reaching an agreement as to the amended language of this measure.

As affirmed by the records of votes of the members of your Committees on Labor and Education that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2871, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2871, H.D. 2, S.D. 1, and be placed on the calendar for Third Reading.