Report Title:

Public Schools; Smoking Prohibition; Collective Bargaining

Description:

Prohibits smoking in all buildings, facilities, and grounds of all public schools. Prohibits a public employer and an exclusive representative from entering into negotiations concerning the prohibition on smoking in all buildings, facilities, and grounds of all public schools.

THE SENATE

S.B. NO.

340

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to collective bargaining in public employment.

 

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

SECTION 1. Section 89-9, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The employer and the exclusive representative shall meet at reasonable times, including meetings sufficiently in advance of the April 16 impasse date under section 89-11, and shall negotiate in good faith with respect to wages, hours, the amounts of contributions by the State and respective counties to the Hawaii public employees health fund to the extent allowed in subsection (e), and other terms and conditions of employment which are subject to collective bargaining and which are to be embodied in a written agreement as specified in section 89-10, but such obligation does not compel either party to agree to a proposal or make a concession; provided that the parties may not negotiate with respect to cost items as defined by section 89-2 for the biennium 1999 to 2001, and the cost items of employees in bargaining units under section 89-6 in effect on June 30, 1999, shall remain in effect until July 1, 2001. Notwithstanding subsection (c) or any other law to the contrary, the parties may not negotiate with respect to section 328K-2(12), which prohibits smoking in all buildings, facilities, and grounds of all "public schools", as that term is defined in section 302A-101."

SECTION 2. Section 328K-2, Hawaii Revised Statutes, is amended to read as follows:

"§328K-2 Prohibition in certain places open to the public. Except as otherwise provided in this part, smoking shall be prohibited in the following places within the State:

(1) Elevators in buildings open to and used by the public, including elevators in apartment and other multi-unit residential buildings;

(2) Semiprivate rooms, wards, waiting rooms, lobbies, and public hallways of public and private health care facilities, including[, but not limited to,] hospitals, clinics, and physicians' and dentists' offices. Smoking shall be permitted in a private room or in a semiprivate room when there is no objection by any patient occupying [such] the room;

(3) Restaurants.

(A) All restaurants shall provide nonsmoking areas [which] that are reasonably proportionate to the preference of the users and so located as to obtain the maximum effect of existing physical barriers and ventilation systems[,] and seating arrangements, to minimize the toxic effect of smoke in adjacent nonsmoking areas; provided no fixed structural or other physical modifications of the restaurant shall be required; and

(B) Nothing in this paragraph shall prevent a proprietor or person in charge of a facility from designating the entire restaurant as a nonsmoking area. Owners or proprietors of restaurants may expand or contract the size of designated nonsmoking areas to meet the requirements of their patrons;

(4) Any room [which] that is used primarily for exhibiting any motion picture, stage drama, dance, musical performance, or other similar performance during the time that the room is open to the public for [such] the performance;

(5) Museums, libraries, and galleries;

(6) The following facilities or areas in state or county owned or controlled buildings:

(A) Meeting or conference rooms;

(B) Auditorium or sports areas that are enclosed;

(C) Community centers where persons may gather for meetings, parties, or any other purpose where the area is enclosed;

(D) Waiting areas, baggage claim areas, and check-in counters within buildings in all state airports; and

(E) All areas open to the public, including service counters and reception or waiting areas;

(7) Except as otherwise provided in this section, all areas open to the public in the following business establishments:

(A) Banks;

(B) Credit unions;

(C) Financial services loan companies;

(D) Retail stores; and

(E) Savings and loan associations;

(8) Any restroom open to the public;

(9) Taxicabs, when carrying nonsmoking passengers;

(10) Cruise ships. The dining area of all cruise ships shall include a nonsmoking area [which] that is reasonably proportionate to the preference of the users and so located as to obtain the maximum effect of existing physical barriers and ventilation systems[,] and seating arrangements, to minimize the toxic effect of smoke; provided no fixed structural or other physical modifications of the cruise ship shall be required. This paragraph shall not apply to any cruise ship that does not serve any food or meals during its course of operation, or where the service of food is only incidental to the consumption of alcoholic beverages; [and]

(11) Notwithstanding the exceptions stated in section 328K-3, any area open to the public [which] that has been designated by the person having control of the area as a nonsmoking area and marked with a "no smoking" sign[.]; and

(12) Notwithstanding part II or any collective bargaining agreement to the contrary, all buildings, facilities, and grounds of all "public schools", as that term is defined in section 302A-101."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

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.

INTRODUCED BY:

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