STAND. COM. REP. NO. 584

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 1231
                                        S.D. 2




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

Sir:

     Your Committee on Labor and Environment, to which was
referred S.B. No. 1231, S.D. 1, 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 prohibit smoking in
workplaces employing two or more employees.  This prohibition
does not apply to the dining areas of restaurants, bars, and
hotel guest rooms.

     Testimony in support of this measure was received from the
Department of Health, the American Heart Association, the
American Lung Association, the Hawaii Nurses Association, the
Coalition for a Tobacco Free Hawaii, and the Hawaii Medical
Services Association.  The United Public Workers testified in
opposition to the measure.

     Your Committee finds that the intent of this measure is to
increase protections for employees against exposure to
environmental tobacco smoke (ETS) at the workplace.  Your
Committee finds, however, that this measure may interfere with
employee rights that have been negotiated as a part of a
collective bargaining or employee agreement.

     Your Committee has amended this measure by:


 
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                                   STAND. COM. REP. NO. 584
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     (1)  Clarifying that smoking is prohibited in enclosed areas
          of private workplaces as well as state-owned or state-
          controlled workplaces; 

     (2)  Deleting section 328K-13(b), Hawaii Revised Statutes,
          concerning a vote of preference by employees; 

     (3)  Providing that this measure shall not be effective for
          employees who are covered by an existing collective
          bargaining or employee agreement until the completion
          of that agreement; and 

     (4)  Making technical, nonsubstantive amendments for
          clarity.

     As affirmed by the record of votes of the members of your
Committee on Labor and Environment that is attached to this
report, your Committee is in accord with the intent and purpose
of S.B. No. 1231, S.D. 1, as amended herein, and recommends that
it pass Third Reading in the form attached hereto as S.B.
No. 1231, S.D. 2.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Labor and
                                   Environment,



                                   ______________________________
                                   BOB NAKATA, Chair

 
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