Print Friendly SENATE BILL NO. 1169 – Public places/smoking prohibited
SENATE BILL NO. 1169
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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
|||| 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
27 (1) A any 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
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
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.
Idaho Medical Association
305 W. Jefferson
Boise, ID 83702
STATEMENT OF PURPOSE/FISCAL NOTE S 1169