STAND. COM. REP. 82

Honolulu, Hawaii

, 2003

RE: H.B. No. 2

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Health, to which was referred H.B. No. 2 entitled:

"A BILL FOR AN ACT RELATING TO SMOKING,"

begs leave to report as follows:

The purpose of this bill is to protect the health of Hawaii's residents and visitors by:

(1) Prohibiting smoking in restaurants and workplaces, except for hotel rooms, nightclubs, and certain bars;

(2) Increasing the penalty for persons who violate the smoking law;

(3) Clarifying the areas where smoking is not regulated; and

(4) Making other amendments for conformity to existing laws.

The Hawaii Medical Service Association, The Center, Coalition for a Tobacco Free Hawaii, and several concerned individuals testified in support of this measure. The American Lung Association and American Heart Association supported this measure with amendments. The Department of Health opposed this measure.

Your Committee recognizes that several of the counties have already implemented or are considering implementing ordinances prohibiting smoking in restaurants and other public areas. However, your Committee believes that legislation should also be implemented on the state level to further protect individuals in public places, including workplaces.

Your Committee has amended this bill by:

(1) Eliminating the exceptions of private gatherings and establishments, and bars to the definition of "restaurant";

(2) Eliminating the delay of implementing the prohibition of smoking in a separate bar area of a restaurant;

(3) Including all enclosed and partially enclosed areas of cruise ships as designated smoke-free areas;

(4) Repealing the current exceptions to small businesses and smaller retail stores and exceptions to bars and nightclubs;

(5) Eliminating unnecessary language to conform to the amendments; and

(6) Making technical, nonsubstantive amendments for purposes of clarity and style.

As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2, H.D. 1, and be referred to the Committee on Economic Development and Business Concerns.

Respectfully submitted on behalf of the members of the Committee on Health,

 

____________________________

DENNIS A. ARAKAKI, Chair