Bill Text: HI SB2498 | 2014 | Regular Session | Introduced
Bill Title: University of Hawaii; Smoking; Tobacco; Electronic Smoking Devices; Prohibitions
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2014-01-21 - Referred to HTH/HRE/JDL, WAM. [SB2498 Detail]
Download: Hawaii-2014-SB2498-Introduced.html
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THE SENATE |
S.B. NO. |
2498 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to prohibitions on university of hawaii premises.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that tobacco use is the single most preventable cause of death in the United States, with tobacco-related disease resulting in $96,000,000,000 in health care costs annually. The 2012 United States Surgeon General Report states that tobacco use and exposure to second-hand smoke are serious public health concerns and that there is no safe level of exposure to environmental tobacco smoke.
The legislature further finds that additional concerns have been raised about the growing popularity of electronic smoking devices. Sales of electronic smoking devices in the United States have doubled each year since 2008, with sales in 2013 projected to reach $1,700,000,000. Due to the relative lack of research data on electronic smoking devices, many public health organizations and policymakers are concerned about the safety and impact of these products on public health.
The legislature additionally finds that smoking and all tobacco use is already prohibited on over seven hundred sixty college and university campuses in the United States. Many colleges and universities are including electronic smoking devices in these campus-wide bans. Allowing smoking and tobacco use on the University of Hawaii premises presents substantial fiscal burdens for employee health care costs, absenteeism, turnover, physical facilities upkeep, fire risks and losses, and litter control, and imposes an adverse impact on the surrounding land and water environments.
The legislature also finds that the University of Hawaii's Executive Policy E10.102 prohibits smoking under certain circumstances, but it does not make all of the premises smoke- and tobacco-free.
The purpose of this Act is to protect University of Hawaii students, employees, and visitors, from exposure to second-hand smoke and other potentially harmful substances, as well as promote positive health practices, by prohibiting smoking, including the use of electronic smoking devices, and tobacco use on the University of Hawaii premises.
SECTION 2. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§304A- Smoking and tobacco use prohibitions on University of Hawaii premises. (a) The University of Hawaii shall prohibit smoking and tobacco use by any person on the University of Hawaii premises, to the extent not prohibited by federal law and regulation. Mere possession or storage of cigarettes, tobacco products, or an electronic smoking device for use outside the University of Hawaii premises shall not constitute a violation of this subsection.
(b) The University of Hawaii shall provide tobacco cessation programs for employees who are interested in participating; provided that issues relating to the cost of the program shall be subject to collective bargaining.
(c) This section shall not be subject to chapter 328J. Pursuant to section 89-9(d), the smoking and tobacco use prohibitions under this section shall not be subject to collective bargaining.
(d) The University of Hawaii shall be responsible for educating students, employees, and all visitors about the smoking and tobacco use prohibitions under this section. Clearly legible signs shall be prominently displayed stating that "smoking, including smoking of electronic smoking devices, and tobacco use are prohibited by law" at all premise entrances and at other conspicuous outdoor locations throughout the premises.
(e) As used in this section:
"Cigarette" has the same meaning as in section 486P-1.
"Electronic smoking device" means any electronic product that can be used to simulate smoking in the delivery of nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe, and any cartridge or other component of the device or related product. The term does not include any product approved by the United States Food and Drug Administration for use in medical treatment.
"Premises" means all indoor and outdoor areas within the University of Hawaii property boundary lines.
"Smoke" or "smoking" means inhaling or exhaling the fumes of tobacco or any other plant material, burning or carrying any lighted smoking equipment for tobacco or any other plant material, or inhaling or exhaling smoke or vapor from an electronic smoking device.
"Tobacco products" has the same meaning as in section 245‑1.
"Tobacco use" means the personal use of any tobacco product, including the use of smokeless tobacco."
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 employer-union health benefits trust fund, recruitment, examination, initial pricing, and retirement benefits except as provided in section 88-8(h). 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, and 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[.]; and
(9) Prohibit smoking, including the use of electronic smoking devices, and tobacco use on the premises of all facilities owned or operated by the University of Hawaii within the State.
This subsection shall not be used to invalidate provisions of collective bargaining agreements in effect on and after June 30, 2007, and shall not preclude negotiations over the procedures and criteria on promotions, transfers, assignments, demotions, layoffs, suspensions, terminations, discharges, or other disciplinary actions as a permissive subject of bargaining during collective bargaining negotiations or negotiations over a memorandum of agreement, memorandum of understanding, or other supplemental agreement.
Violations of the procedures and criteria 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.
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INTRODUCED BY: |
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Report Title:
University of Hawaii; Smoking; Tobacco; Electronic Smoking Devices; Prohibitions
Description:
Prohibits smoking, including the use of electronic smoking devices, and tobacco use on University of Hawaii premises.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
