STAND. COM. REP. NO. 437

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 1231
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Health and Human Services, to which was
referred S.B. No. 1231 entitled: 

     "A BILL FOR AN ACT RELATING TO SMOKING IN THE WORKPLACE,"

begs leave to report as follows:

     The purpose of this measure is to require employers to adopt
written smoking policies with specified minimum standards.

     Your Committee received testimony in support of this measure
from the Department of Health (DOH), American Lung Association,
Hawaii Nurses' Association, and Coalition for a Tobacco Free
Hawaii.  Informational testimony was provided by the Department
of Education and American Heart Association.  Testimony in
opposition was received from the United Public Workers and
Legislative Information Services of Hawaii.

     According to the DOH, environmental tobacco smoke (ETS),
commonly known as secondary smoke, is the third leading
preventable cause of death in the United States today, behind
active smoking and alcohol.  The Environmental Protection Agency
classifies ETS as a "Class A" carcinogen.  This category is
reserved for the most serious cancer causing substances, such as
radon, asbestos, and benzene.  Nationally, 53,000 deaths annually
are attributable to ETS exposure.

     According to the DOH, existing laws are obsolete.  However,
your Committee believes that the problem is one of enforcement
rather than obsolescence.  This measure is intended to clarify

 
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and strengthen the law while equitably balancing the competing
concerns of business and public health.

     Your Committee has amended this measure on the
recommendation of the DOH by:

     (1)  Deleting the requirement that employers adopt a written
          smoking policy with specified standards;

     (2)  Changing from five to two the number of persons
          employed by a private entity for purposes of defining
          "employer"; and

     (3)  Clarifying the definition of "office workplace" to
          exclude partially enclosed structures.

     Your Committee also has made technical, nonsubstantive
amendments.

     As affirmed by the record of votes of the members of your
Committee on Health and Human Services that is attached to this
report, your Committee is in accord with the intent and purpose
of S.B. No. 1231, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 1231,
S.D. 1, and be referred to the Committee on Labor and
Environment.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Health and Human
                                   Services,



                                   ______________________________
                                   SUZANNE CHUN OAKLAND, Chair

 
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