STAND. COM. REP. NO. 1201

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: S.B. No. 1231
                                     S.D. 3
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Health, to which was referred S.B. No.
1231, S.D. 3, entitled: 

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

begs leave to report as follows:

     The purpose of this bill is to provide increased protections
for employees against exposure to environmental tobacco smoke at
the workplace.

     This bill:

     (1)  Prohibits smoking in all enclosed areas of private
          workplaces that employ two or more persons and state-
          owned or state-controlled workplaces;

     (2)  Authorizes an employer to make provisions for employees
          to smoke in a designated area of the workplace as long
          as nonsmoking employees are not directly impacted;

     (3)  Provides that for employees subject to collective
          bargaining, any provision to allow smoking in a
          designated area of the workplace shall be a negotiable
          item; and

     (4)  Exempts dining areas of restaurants and bars, meeting
          or banquet rooms when used for private functions,
          convention center facilities when used for private

 
 
                                 STAND. COM. REP. NO. 1201
                                 Page 2

 
          functions, or guest rooms of a hotel or hotel-
          condominium.

     The Hawaii Medical Service Association, the Hawaii Medical
Association, and the United Public Workers, AFSCME, Local 646,
AFL-CIO testified in support of this measure, and the Coalition
for a Tobacco Free Hawaii supported the intent of this bill.  The
American Lung Association of Hawaii preferred the Senate Draft 2
version of this bill.  The American Heart Association offered
comments, and the Department of Health opposed this bill.

     Your Committee has amended this bill by deleting the
substance, and inserting therefor, the substance of H.B. No. 297,
H.D. 2.  Your Committee notes that H.B. No. 297, H.D. 2, passed
out of the House Committee on Labor and Public Employment earlier
this session.  As amended, this bill prohibits smoking in all
areas of state-owned or state-controlled workplaces, including
state-owned or leased vehicles.

     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 S.B. No.
1231, S.D. 3, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 1231, S.D.
3, H.D. 1, and be referred to the Committee on Labor and Public
Employment.

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



                                   ______________________________
                                   ALEXANDER C. SANTIAGO, Chair