STAND. COM. REP. NO. 40

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 297
                                     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 H.B. No. 297
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 protect individuals against
involuntary exposure to environmental tobacco smoke (ETS) by
requiring employers with five or more employees to adopt a
smoking policy to accommodate both smoking and nonsmoking
employees.  In addition, this bill prohibits smoking in state
workplaces.

     The Department of Health, the Hawaii Medical Service
Association, the Hawaii Medical Association, and the Hawaii
Nurses' Association submitted testimony in support of this
measure.  The American Lung Association, the American Cancer
Society, the Coalition for a Tobacco Free Hawaii, and a member of
the Kauai County Council submitted testimony in support of the
intent of this measure.  The United Public Workers submitted
testimony in opposition of this measure.  Legislative Information
Services of Hawaii and the American Heart Association submitted
comments.

     Your Committee finds that this bill increases protections
against exposure to ETS at the workplace and extends those
protections to a greater number of employees across the state.


 
 
 
                                 STAND. COM. REP. NO. 40
                                 Page 2

 
     Your Committee has amended this measure by:

     (1)  Amending the definition of "employer" to mean any
          private corporation, firm, or association that employs
          two or more persons;

     (2)  Adding the definition of "partially enclosed workplace"
          and excluding these places from an enclosed area;

     (3)  Excluding from the definition of "workplace" any
          enclosed workplace:

          (A)  Not sharing a common ventilation system with
               another enclosed area; and

          (B)  Occupied by a single individual;

     (4)  Simplifying the regulation of smoking in the workplace
          to:

          (A)  Prohibit smoking in all state-owned or controlled
               areas, including state-owned or leased vehicles;

          (B)  Contain a written smoking policy; and

          (C)  Exclude dining areas of restaurants, bars, and
               hotel guest rooms;

          and

     (5)  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.
297, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 297, 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