2001 Legislation
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SENATE BILL NO. 1169 – Public places/smoking prohibited

SENATE BILL NO. 1169

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Daily Data Tracking History



S1169......................................................by STATE AFFAIRS
PUBLIC PLACES - SMOKING - Amends existing law relating to the Clean Air Act
to revise the definition of "public place" to include theaters, concert
halls, museums, art galleries and libraries; and to prohibit smoking in
primary and secondary public schools, and in licensed day care centers when
children are present.
                                                                        
02/15    Senate intro - 1st rdg - to printing
02/16    Rpt prt - to Health/Wel
02/28    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/08    3rd rdg - FAILED - 14-18-3
      AYES--Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis,
      Geddes, Ipsen, Richardson, Risch, Sandy, Schroeder, Thorne, Williams
      NAYS--Andreason, Boatright, Branch(Bartlett), Danielson, Deide,
      Dunklin, Frasure, Goedde, Hawkins, Ingram, Keough, King-Barrutia,
      Lodge, Sims, Sorensen, Stegner, Wheeler, Whitworth.
      Absent and excused--Lee, Noh, Stennett
    Floor Sponsor -- Brandt
    Filed w/ Office of the Secretary of the Senate

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1169
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE CLEAN INDOOR AIR ACT; AMENDING SECTION 39-5502, IDAHO CODE, TO
  3        REVISE THE DEFINITION OF  "PUBLIC  PLACE"  TO  INCLUDE  THEATERS,  CONCERT
  4        HALLS, MUSEUMS, ART GALLERIES AND LIBRARIES; AND AMENDING SECTION 39-5505,
  5        IDAHO  CODE,  TO PROHIBIT SMOKING IN PRIMARY AND SECONDARY PUBLIC SCHOOLS,
  6        AND IN LICENSED DAY CARE CENTERS WHEN CHILDREN ARE PRESENT.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 39-5502, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
                                                                        
 10        39-5502.  DEFINITIONS. As used in this chapter:
 11        (1)  "Public meeting" means all meetings open to the public.
 12        (2)  "Public  place"  means  any  enclosed indoor area used by the general
 13    public including but not limited to restaurants with  a  seating  capacity  of
 14    thirty  (30) or more customers, retail stores, grocery stores and stores which
 15    sell food primarily for off-site consumption, public conveyances,  educational
 16    facilities,  hospitals,  nursing homes, auditoriums, arenas, theaters, concert
 17    halls, museums, art galleries, libraries and meeting rooms.
 18        (3)  "Smoking" includes carrying a lighted cigar, cigarette, pipe, or  any
 19    other matter or substance which contains tobacco.
 20        (4)  "Smoking area" means a designated area in which smoking is permitted.
                                                                        
 21        SECTION  2.  That  Section 39-5505, Idaho Code, be, and the same is hereby
 22    amended to read as follows:
                                                                        
 23        39-5505.  SMOKING IN PUBLIC SCHOOLS, DAY CARE CENTERS AND  ELEVATORS  PRO-
 24    HIBITED.  Notwithstanding  any  other  provision  of this chapter or any other
 25    statute, or county or city ordinance, no person shall smoke in  the  following
 26    areas:
 27        (1)  Aany elevator generally accessible to the public;
 28        (2)  Any  primary or secondary public school or the property on which such
 29    facilities are located;
 30        (3)  Any licensed day care center as defined  in  section  39-1102,  Idaho
 31    Code, when any child receiving day care in a day care center is present.
 32    Signs  indicating  that smoking is prohibited shall be conspicuously posted in
 33    each primary and secondary public school, day care center, and in each  eleva-
 34    tor and at each entrance to an elevator car or bank of elevators.

Statement of Purpose / Fiscal Impact


 
 
 
                    STATEMENT OF PURPOSE
                          RS 11087
                              
 This legislation fills some of the gaps in Idaho s Clean Indoor Air Act, especial1y focusing
 on reducing children s exposure to second-hand smoke. Cultural facilities are added to
 public places requiring smoking only in designated areas. Public schools and their
 associated grounds as well as day care centers are added to the areas where smoking is
 prohibited.
 
 These changes bring Idaho s law more in line with similar laws in surrounding states.
 
                   FISCAL IMPACT STATEMENT
                              
 No fiscal impact on the general fund.
 
 
 Contact:
 Idaho Medical Association
 305 W. Jefferson
 Boise, ID 83702
 (208) 344-7888
 Senator Sorenson
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 STATEMENT OF PURPOSE/FISCAL NOTE                                           S 1169