Report Title:

Smoking in public schools and related functions; prohibited


Prohibits smoking by public employees in public schools, on school transport, and at school-sponsored functions anywhere, except at a school function in an enclosed room not located on school premises and no student is present. Excludes smoking in public schools as a negotiable item for all public employees. (HB2871 HD1)


H.B. NO.



H.D. 1






relating to tobacco.



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 students. Secondhand smoke is also detrimental to the health and well-being of students as well as other school employees.

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 any 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. (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) In any public area within twenty-five feet of the entrance gates to any public school property;

(3) 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

(4) 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. Pursuant to section 89-9(d), the smoking restrictions under this section shall not be subject to collective bargaining.

(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 shall be responsible for educating all school personnel, parents, students, and the rest of the school community regarding the prohibition under this section. The department shall prominently display signs stating: "Smoking is Prohibited" at all entrances to each school."

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] employer-union health benefits trust fund, recruitment, examination, initial pricing, [and] retirement benefits except as provided in section 88-8(h)[.], and the prohibition against smoking in public schools under 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. This Act shall not affect the provisions of any labor contract that exists on the effective date of this Act.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.