STAND. COM. REP. NO. 642

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 297
                                     H.D. 2




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

Sir:

     Your Committee on Labor and Public Employment, to which was
referred H.B. No. 297, H.D. 1, 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:

     (1)  Prohibit smoking in state workplaces; and

     (2)  Require employers with two or more employees to adopt a
          smoking policy.

     The Department of Health testified in strong support of the
bill, stating that it would increase protections against
involuntary exposure to environmental tobacco smoke at the
workplace and extend those protections to a significantly greater
number of employees across the State.  The American Heart
Association of Hawaii also testified in support of the bill.

     Your Committee has amended the bill by ensuring that it only
applies to public employers by:

     (1)  Deleting the new definition "partially enclosed
          workplaces";

     (2)  Deleting the amended definitions of "employer",
          "enclosed", and "office workplace";


 
 
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                                 Page 2

 
     (3)  Deleting the requirement for private employers to adopt
          the smoking policy prohibiting smoking in all enclosed
          workplaces;

     (4)  Deleting proposed amendments to sections 328K-13 and
          328K-14, Hawaii Revised Statutes (HRS); 

     (5)  Amending chapter 328K, HRS, by adding a new section
          that prohibits smoking in all areas of state-owned or
          state-controlled workplaces, including state-owned or
          leased vehicles; and

     (6)  Making technical, nonsubstantive amendments for the
          purpose of clarity.

     As affirmed by the record of votes of the members of your
Committee on Labor and Public Employment that is attached to this
report, your Committee is in accord with the intent and purpose
of H.B. No. 297, H.D. 1, as amended herein, and recommends that
it be referred to the Committee on Judiciary and Hawaiian Affairs
in the form attached hereto as H.B. No. 297, H.D. 2.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Labor and Public
                                   Employment,



                                   ______________________________
                                   TERRY NUI YOSHINAGA, Chair