Bill Text: HI SR212 | 2023 | Regular Session | Introduced

---

Bill Title: Requesting The Department Of Education To Establish A Task Force To Develop A Plan To Protect Students From The Vaping Epidemic And The Harms Of Smoking.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-15 - Referred to EDU/HHS. [SR212 Detail]

Download: Hawaii-2023-SR212-Introduced.html

---

THE SENATE	S.R. NO.	212
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

SENATE RESOLUTION

 

 

requesting the Department of Education to establish a task force to develop a plan to protect students from the vaping epidemic and the harms of smoking.

 

 

     WHEREAS, pursuant to section 8-31-1, Hawaii Administrative Rules:

 

The public school system strives to provide its students with a safe and secure learning environment, as well as appropriate instruction and school experiences that mutually reinforce good personal health and safety practices.  The present practice of condoning tobacco use by employees and other adults on public school campuses, at off-campus events, and at district and state offices seriously undermines and contradicts instruction to students regarding the health hazards of tobacco use[;]

 

and

 

     WHEREAS, the Board of Education implemented a "Tobacco Free School System Policy" in 1993 and the Board provides counseling and rehabilitation assistance to employees who wish to stop smoking; and

 

     WHEREAS, section 302A-102, Hawaii Revised Statutes, requires that "[a]ll public schools within the State, from kindergarten through grade twelve, shall prohibit the use of tobacco at public schools or at public school functions", but does not prohibit students from possessing tobacco at school or at school functions; and

 

     WHEREAS, section 302A-102, Hawaii Revised Statutes, is only enforceable during consumption or when a student is caught in the act of "smoking" or "using" tobacco; and

 

     WHEREAS, "vaping" encompasses the use of "electronic nicotine delivery systems", and vaping devices are also described as devices that are designed for the use of tobacco products, and include vaporizers, vape pens, hookah pens, electronic cigarettes (e-cigarettes or e-cigs), e-cigars, and e-pipes; and

 

     WHEREAS, the Hawaii Department of Health reports that Hawaii's public schools consider vaping devices contraband, and the Department of Health reports that students may be suspended or expelled for having them at school; and

 

     WHEREAS, vaping devices may be manufactured to look like conventional combusted cigarettes, cigars, or pipes, and some resemble pens or universal serial bus flash drives; and

 

     WHEREAS, the United States Surgeon General has declared:

 

[T]he importance of protecting our children from a lifetime of nicotine addiction and associated health risks by immediately addressing the epidemic of youth e-cigarette use.  The recent surge in e-cigarette use among youth, which has been fueled by new types of e‑cigarettes that have recently entered the market, is a cause for great concern[;]

 

and

 

     WHEREAS, the Centers for Disease Control and Prevention reports that:

 

[E]-cigarettes were the most common 'tobacco product' currently used among middle and high school students (2.06 million) in 2021.  Youth use of tobacco products is unsafe in any form--combustible, smokeless, or electronic.  It is critically important to combat this serious public health concern and help protect youths from the harmful effects of tobacco.  In 2021, an estimated 34.0% of high school students (5.22 million) and 11.3% of middle school students (1.34 million) reported ever using a tobacco product[;]

 

and

 

     WHEREAS, Hawaii Department of Health data show that forty‑eight percent of high school students and thirty-one percent of middle school students have used e-cigarettes; and

 

     WHEREAS, one study explored emerging drug use in the form of youth vaping and its association with delinquency among middle and high school students "[u]sing a nationally representative sample of eighth and tenth graders in 2017, and the study found that youths who vape are at an elevated risk of engaging in criminal activities such as violence and property theft than youth who ingest marijuana through traditional means"; now, therefore,

 

     BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, that the Department of Education is requested to establish a task force to develop a plan to protect students from the vaping epidemic and the harms of smoking; and

 

     BE IT FURTHER RESOLVED that the Department of Education is requested to convene a task force of the following members or their designees:

 

     (1)  The Superintendent of Education, who shall serve as the chairperson of the task force;

 

     (2)  The Director of Health;

 

     (3)  The Director of Public Safety, who shall be succeeded by the Director of Law Enforcement on January 1, 2024;

 

     (4)  The Attorney General;

 

     (5)  The Prosecuting Attorney for the City and County of Honolulu;

 

     (6)  The Chief of Police of the Honolulu Police Department;

      

     (7)  The Executive Director of the Hawaii Public Health Institute, who is invited to participate; and

 

     (8)  Any other individuals from a federal, state, or county entity or who have expertise in health, education, safety, law, or other relevant fields of study beneficial to the task force, who are invited to participate; and

 

     BE IT FURTHER RESOLVED that the plan is requested to include:

 

     (1)  Methods to address, reduce, and eventually eliminate vaping and smoking at public schools;

 

     (2)  Methods to protect students, teachers, and staff from public safety concerns relating to vaping and smoking, including protection against retaliation, student delinquency, and gang activity;

 

     (3)  Methods to provide resources and counseling to students, teachers, and school staff to assist them in permanently terminating their use of vaping devices and cigarettes;

 

     (4)  Methods to provide health education for students, teachers, and staff to discourage potential future vaping and smoking;

 

     (5)  Guidance on the implementation of policies to prohibit vaping and smoking at public schools;

 

     (6)  Proposed initiatives to help protect students from the influences of vaping and smoking advertisements, including student projects and school initiatives to protect the health of children and adults at public schools; and

 

     (7)  Proposed legislation and proposed administrative rules that prohibit smoking and vaping and the possession of cigarettes and vaping devices at public schools and public school functions; and

 

     BE IT FURTHER RESOLVED that the Department of Education is requested to submit to the Legislature a report of its findings and recommendations and a copy of the plan no later than twenty days prior to the convening of the Regular Session of 2024; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution will be transmitted to the Superintendent of Education, Chairperson of the Board of Education, Director of Health, Director of Public Safety, Director of Law Enforcement, Attorney General, Prosecuting Attorney for the City and County of Honolulu, Chief of Police of the Honolulu Police Department, and Executive Director of the Hawaii Public Health Institute.

 

 

 

	OFFERED BY:	_____________________________

Report Title:

Vaping; Electronic Smoking; Department of Education; Task Force