HOUSE BILL NO. 670
View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
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
]]]] 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
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
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-
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
25 (3) Nothing in this section shall prohibit an employer from prohibiting
26 smoking in an enclosed place of employment.
STATEMENT OF PURPOSE
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.
There is no impact to the general fund.
Name: Brad Hoaglun, American Cancer Society
Name: SueAnn Reese, American Heart Association
Name: Rod Leslie, American Lung Association
Phone: 208 344-6567
Name: Neva Santos, Coalition for a Healthy Idaho
STATEMENT OF PURPOSE/FISCAL NOTE H 670