HOUSE BILL NO. 670

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Bill Status



H0670.................................................by HEALTH AND WELFARE
BOWLING ALLEYS - NO SMOKING - Amends existing law relating to clean indoor
air to revise the definition of "public place" to include bowling alleys;
and to remove bowling alleys from the list of exceptions to the prohibition
on smoking in a public place.
                                                                        
02/13    House intro - 1st rdg - to printing
02/14    Rpt prt - to Health/Wel

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 670
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CLEAN INDOOR AIR; AMENDING SECTION 39-5502, IDAHO CODE, TO  REVISE
  3        THE  DEFINITION  OF "PUBLIC PLACE" TO INCLUDE BOWLING ALLEYS; AND AMENDING
  4        SECTION 39-5503, IDAHO CODE, TO REMOVE BOWLING ALLEYS  FROM  THE  LIST  OF
  5        EXCEPTIONS TO THE PROHIBITION ON SMOKING IN A PUBLIC PLACE.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 39-5502, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        39-5502.  DEFINITIONS. As used in this chapter:
 10        (1)  "Auditorium" means a public building where an audience sits  and  any
 11    corridors, hallways or lobbies adjacent thereto.
 12        (2)  "Bar" means any indoor area open to the public operated primarily for
 13    the  sale  and  service of alcoholic beverages for on-premises consumption and
 14    where: (a) the service of food is incidental to the consumption of such bever-
 15    ages, or (b) no person under the age of twenty-one  (21)  years  is  permitted
 16    except as provided in section 23-943, Idaho Code, as it pertains to employees,
 17    musicians  and singers, and all public entrances are clearly posted with signs
 18    warning patrons that it is a smoking facility and that persons  under  twenty-
 19    one  (21)  years  of  age  are  not permitted. "Bar" does not include any area
 20    within a restaurant.
 21        (3)  "Employer" means any person, partnership, limited liability  company,
 22    association, corporation or nonprofit entity that employs one (1) or more per-
 23    sons, including the legislative, executive and judicial branches of state gov-
 24    ernment; any county, city, or any other political subdivision of the state; or
 25    any other separate unit of state or local government.
 26        (4)  "Indoor  shopping  mall"   means  an indoor facility located at least
 27    fifty (50) feet from any public street or highway and housing no less than ten
 28    (10) retail establishments.
 29        (5)  "Public meeting" means all meetings open to the public.
 30        (6)  "Public place" means any enclosed indoor place of business, commerce,
 31    banking, financial service or other service-related activity, whether publicly
 32    or privately owned and whether operated for profit or not,  to  which  persons
 33    not  employed at the public place have general and regular access or which the
 34    public uses including:
 35        (a)  Buildings, offices, shops or restrooms;
 36        (b)  Waiting rooms for means of transportation or common carriers;
 37        (c)  Restaurants;
 38        (d)  Theaters, auditoriums, museums or art galleries;
 39        (e)  Hospitals, libraries, indoor shopping malls,  indoor  sports  arenas,
 40        concert  halls,  bowling alleys or airport passenger terminals, and within
 41        twenty (20) feet of public entrances and exits to such facilities;
 42        (f)  Public or private elementary or secondary school buildings and educa-
 43        tional facilities and within twenty (20) feet of entrances  and  exits  of
                                                                        
                                           2
                                                                        
  1        such buildings or facilities;
  2        (g)  Retail stores, grocery stores or arcades;
  3        (h)  Barbershops, hair salons or laundromats;
  4        (i)  Sports or fitness facilities;
  5        (j)  Common  areas  of  nursing  homes,  resorts,  hotels, motels, bed and
  6        breakfast   lodging  facilities  and  other  similar  lodging  facilities,
  7        including lobbies, hallways, restaurants and other designated dining areas
  8        and restrooms of any of these;
  9        (k)  Any child care facility subject to licensure under the laws of Idaho,
 10        including  those operated in private homes, when any child cared for under
 11        that license is present;
 12        (l)  Public means of mass transportation including vans, trains,  taxicabs
 13        and limousines when passengers are present; and
 14        (m)  Any public place not exempted by section 39-5503, Idaho Code.
 15        (7)  "Publicly-owned  building  or office" means any enclosed indoor place
 16    or portion of a place owned, leased or rented by any state, county or  munici-
 17    pal  government,  or  by  any agency supported by appropriation of, or by con-
 18    tracts or grants from, funds derived from the collection  of  federal,  state,
 19    municipal or county taxes.
 20        (8)  "Restaurant" means an eating establishment including, but not limited
 21    to, coffee shops, cafes, cafeterias, and private and public school cafeterias,
 22    which  gives  or  offers for sale food to the public, guests, or employees, as
 23    well as kitchens and catering facilities in which  food  is  prepared  on  the
 24    premises for serving elsewhere. The term "restaurant" shall include a bar area
 25    within a restaurant.
 26        (9)  "Smoking"  includes  the possession of any lighted tobacco product in
 27    any form.
 28        (10) "Smoking area" means a designated area in which smoking is permitted.
                                                                        
 29        SECTION 2.  That Section 39-5503, Idaho Code, be, and the same  is  hereby
 30    amended to read as follows:
                                                                        
 31        39-5503.  PROHIBITIONS  -- EXCEPTIONS. (1) No person shall smoke in a pub-
 32    lic place, publicly-owned building or office, or at a public  meeting,  except
 33    in  the  following which may contain smoking areas or be designated as smoking
 34    areas in their entirety:
 35        (a)  Bars;
 36        (b)  Retail businesses primarily engaged in the sale of tobacco or tobacco
 37        products;
 38        (c)  Bowling alleys;
 39        (d)  Buildings owned and operated by social, fraternal, or religious orga-
 40        nizations when used by the membership of the organization, their guests or
 41        families, or any facility that is rented or leased for  private  functions
 42        from which the public is excluded and for which arrangements are under the
 43        control of the sponsor of the function;
 44        (ed)  Guest rooms in hotels, motels, bed and breakfast lodging facilities,
 45        and  other similar lodging facilities, designated by the person or persons
 46        having management authority over  such  public  lodging  establishment  as
 47        rooms in which smoking may be permitted;
 48        (fe)  Theatrical  production  sites, if smoking is an integral part of the
 49        story in the theatrical production;
 50        (gf)  Areas of owner-operated businesses, with no employees other than the
 51        owner-operators, that are not commonly open to the public;
 52        (hg)  Any office or business, other than child  care  facilities,  located
 53        within  the  proprietor's  private home when all such offices and/or busi-
                                                                        
                                           3
                                                                        
  1        nesses occupy less than fifty percent (50%) of the total area  within  the
  2        private home;
  3        (ih)  Idaho  state veterans homes, established pursuant to section 66-901,
  4        Idaho Code, that permit smoking in designated areas, provided that  physi-
  5        cal  barriers and ventilation systems are used to reduce smoke in adjacent
  6        nonsmoking areas; and
  7        (ji)  A designated employee breakroom  established  by  a  small  business
  8        owner employing five (5) or fewer employees, provided that all of the fol-
  9        lowing conditions are met:
 10             (i)   The breakroom is not accessible to minors;
 11             (ii)  The  breakroom is separated from other parts of the building by
 12             a floor to ceiling partition;
 13             (iii) The breakroom is not the sole means of entrance or exit to  the
 14             establishment  or  its  restrooms  and is located in an area where no
 15             employee is required to enter as part of the employee's work  respon-
 16             sibilities.  For purposes of this paragraph, the term "work responsi-
 17             bilities" does not include custodial or maintenance work performed in
 18             a breakroom when it is unoccupied; and
 19             (iv)  "Warning: Smoking Permitted" signs are  prominently  posted  in
 20             the  smoking  breakroom  and properly maintained by the employer. The
 21             letters on such signs shall be at least one (1) inch in height.
 22        (2)  This section shall not be construed to require employers  to  provide
 23    reasonable  accommodation  to smokers, or to provide breakrooms for smokers or
 24    nonsmokers.
 25        (3)  Nothing in this section shall prohibit an employer  from  prohibiting
 26    smoking in an enclosed place of employment.

Statement of Purpose / Fiscal Impact


     
     
                   STATEMENT OF PURPOSE
                             
                         RS 16045
                             
     
     This legislation amends Chapter 55, Title 39, Idaho Code, by
     removing bowling alleys from the list of exempted locations
     in Idaho's Clean Indoor Air law.  It also adds bowling
     alleys to the list of public locations where smoking is
     prohibited within 20 feet of entrances and exits.
     
     
     
     
                        FISCAL NOTE
     
     There is no impact to the general fund.
     
     
     
     
     
     Contact
     Name:     Brad Hoaglun, American Cancer Society
     Phone:    208-343-4609
     Name:     SueAnn Reese, American Heart Association
     Phone:    208-384-5066
     Name:     Rod Leslie, American Lung Association
     Phone:    208 344-6567
     Name:     Neva Santos, Coalition for a Healthy Idaho
     Phone:    208-323-1156
     
          
     STATEMENT OF PURPOSE/FISCAL NOTE                  H 670