Report Title:

Smoking in Schools by Public Employees; Prohibited

Description:

Prohibits smoking of tobacco by public employees in all public schools, school transport, and all school-sponsored functions regardless of location; allows smoking during school functions so long as the person is smoking during a school function in an enclosed room that is not located on school premises, and is not occupied by a student while the person is smoking, such as a person's hotel room during a school-sponsored excursion; excludes smoking in public schools as a negotiable item for all public employees. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

248

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

S.D. 1


 

A BILL FOR AN ACT

 

relating to smoking in public schools by public employees.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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 of school employees exposed to secondhand smoke.

The purpose of this Act is to create a safe and healthy school environment by prohibiting any person from smoking tobacco products on school property, and at all school-sponsored functions regardless of 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 prohibited; not negotiable; smoking defined; education required. (a) No person, including any public employee, shall smoke any tobacco product:

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

(2) While physically within 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 whether the function is located on school premises; provided that this paragraph shall not apply to a person smoking during a school sponsored function in an enclosed room that is not located on school premises, and is not occupied by a student while the person is smoking, such as a person's hotel room during a school-sponsored excursion.

(b) This section shall not be subject to part II of chapter 328K.

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

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2054.