Report Title:

Smoking in Schools by Public Employees Prohibited


Prohibits smoking or use of tobacco or tobacco products by public employees in all public schools, school transport, and school-sponsored functions, regardless of location. Excludes smoking in public schools as a negotiable item for all public employees.


H.B. NO.









relating to smoking in public schools by public employees.



SECTION 1. The legislature finds that many students see their teachers and other adults smoking on school grounds and at school functions. This negative example is frequently imitated by school children. Secondhand smoke is also detrimental to the health and well being of school children as well as to school employees exposed to the secondhand smoke. The purpose of this Act is to create a safe and healthy school environment by prohibiting the use of tobacco products on all school property and at all school-sponsored functions, regardless of the location.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"302A-   Smoking; public school premises; school buses; school-sponsored functions; not subject to negotiation; definition; education; fines. (a) No person, including any public employee or any person employed by a public school, shall smoke or use any tobacco product:

(1) On the premises of any public school from kindergarten through grade twelve within the State, including the area within twenty-five feet of any entrance or fresh air intake for any school building;

(2) While physically within or riding a school bus or other vehicle owned, leased, or rented by a school for the transport of school children, school employees, or any other persons; and

(3) During any event or function that is sponsored by a school, regardless of the location of the function on school premises or outside school premises.

(b) This section shall not be subject to part II of chapter 328K and smoking shall not be an item subject to negotiation on the part of school personnel pursuant to section 89-9(d).

(c) For the purposes of this section, "smoking" includes the inhaling or exhaling upon, burning, or carrying any lit cigarette, cigar, or pipe.

(d) The department of education shall be responsible for educating all school personnel, parents, students, and the school community regarding the prohibition under this section. The department shall cause to be prominently displayed signs stating that "smoking is prohibited" at all entrances to each school.

(e) Any person who violates this section shall be subject to an administrative fine of not more than $100 for the first offense and not more than $250 for each subsequent offense. All fines collected under this section shall be realizations of the general fund."

SECTION 3. Section 89-9, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Excluded from the subjects of negotiations are matters of classification, reclassification, benefits of but not contributions to the Hawaii public employees health fund, recruitment, examination, initial pricing, [and] retirement benefits except as provided in section 88-8(h)[.], and prohibition of smoking in public schools pursuant to section 302A-   . The employer and the exclusive representative shall not agree to any proposal which would be inconsistent with the merit principle or the principle of equal pay for equal work pursuant to section 76-1 or which would interfere with the rights and obligations of a public employer to:

(1) Direct employees;

(2) Determine qualifications, standards for work, the nature and contents of examinations;

(3) Hire, promote, transfer, assign, and retain employees in positions;

(4) Suspend, demote, discharge, or take other disciplinary action against employees for proper cause;

(5) Relieve an employee from duties because of lack of work or other legitimate reason;

(6) Maintain efficiency and productivity, including maximizing the use of advanced technology, in government operations;

(7) Determine methods, means, and personnel by which the employer's operations are to be conducted; and

(8) Take such actions as may be necessary to carry out the missions of the employer in cases of emergencies.

The employer and the exclusive representative may negotiate procedures governing the promotion and transfer of employees to positions within a bargaining unit; the suspension, demotion, discharge, or other disciplinary actions taken against employees within the bargaining unit; and the layoff of employees within the bargaining unit. Violations of the procedures so negotiated may be subject to the grievance procedure in the collective bargaining agreement."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval, except that section 2 shall take effect either upon the termination of the current labor agreement between the State and public employees employed by the public schools or on July 1, 2004, whichever is earlier.