House votes to close loophole
allowing smoking at schools
A bill to close a loophole that allows custodians and cafeteria workers to smoke at public schools cleared the state House unanimously yesterday and is headed to the Senate.
"I think the prospects are a lot better this year," said Rep. Dennis Arakaki (D, Alewa Heights-Kalihi), who introduced the bill. "We've waited long enough."
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If it passes the Senate, the effect of House Bill 2871 will not be felt on school campuses until next year, when the current contract with United Public Workers expires. The contract allows janitors and cafeteria workers to smoke on campus in designated indoor areas.
That provision violates federal law, which prohibits smoking indoors at schools.
William Modzeleski, associate deputy director of the Office of Safe and Drug-Free Schools, wrote to schools Superintendent Patricia Hamamoto on Dec. 22 noting the federal ban and asking her to investigate the situation and report back to him.
The original wording of the bill would have had it take effect immediately, a position supported by the state Health Department, the American Lung Association, HMSA, the Coalition for a Tobacco-Free Hawaii and various parents who testified in favor of it.
"Union contracts or not, Hawaii needs to follow federal law now," said Beth Davidann, a school wellness coordinator for Castle Medical Center and a concerned parent. "My son often complains of smelling secondhand smoke (at school), and I know that his exposure to these toxic substances worsens his allergies. Unfortunately, the allowance of a smoking area for some employees invites other adults on campus ... to smoke also."
Concern over the UPW contract stalled the bill in conference committee last year after it passed the House and Senate in different forms. Legislators decided to give the UPW and the state Department of Education time to resolve the matter.
"People said to give them time to work it out, and they haven't come to an agreement," Arakaki said. "Now we're sort of forcing the issue and making it very clear where the Legislature is coming from."
Because the bill exempts the current contract, he said he expected it to fare better this year. It delays implementation, but the bill goes further than federal law in requiring a totally smoke-free campus, indoors and out, as well as at school-sponsored functions.
