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H0292.........................................................by STATE AFFAIRS
PUBLIC PLACE/BUILDING - SMOKING - Amends existing law to define public place
and publicly-owned building or office; and to extend the prohibition on
smoking to these places.
02/21 House intro - 1st rdg - to printing
02/24 Rpt prt - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 292
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO LIMITATIONS ON SMOKING IN PUBLIC PLACES; AMENDING SECTION 39-5502,
3 IDAHO CODE, TO FURTHER DEFINE TERMS; AND AMENDING SECTION 39-5503, IDAHO
4 CODE, TO EXTEND THE PROHIBITION ON SMOKING TO PUBLICLY-OWNED BUILDINGS OR
5 OFFICES.
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) "Public meeting" means all meetings open to the public.
11 (2) "Public place" means any enclosed indoor area used by the general
12 public including but not limited to restaurants with a seating capacity of
13 thirty (30) or more customers, retail stores, grocery stores and stores which
14 sell food primarily for off-site consumption, public conveyances, educational
15 facilities, hospitals, nursing homes, auditoriums, arenas and meeting rooms
16 place of business, commerce, banking, financial service, or other service-
17 related activity, whether publicly or privately owned and whether operated for
18 profit or not, to which persons not employed at the place of public access
19 have general and regular access or which the public uses, including:
20 (a) Buildings, offices, shops, elevators or restrooms;
21 (b) Means of transportation or common carrier waiting rooms;
22 (c) Restaurants, cafes or cafeterias;
23 (d) Shopping malls, retail stores, grocery stores or arcades;
24 (e) Libraries, theaters, concert halls, museums, art galleries,
25 planetariums, historical sites, auditoriums or arenas;
26 (f) Barbershops, hair salons or laundromats;
27 (g) Sports or fitness facilities;
28 (h) Common areas of nursing homes, hospitals, resorts, hotels, motels,
29 "bed and breakfast" lodging facilities, and other similar lodging facili-
30 ties, including lobbies, hallways, elevators, restaurants, cafeterias,
31 other designated dining areas, and restrooms of any of these;
32 (i) Any child care facility subject to licensure under the laws of Idaho,
33 including those operated in private homes, when any child cared for under
34 that license is present;
35 (j) Public or private elementary or secondary school buildings and educa-
36 tional facilities or the property on which those facilities are located,
37 but adults may smoke in designated smoking areas in private schools or
38 educational facilities or on the grounds of private schools or facilities
39 during nonschool hours; and
40 (k) Any area where the proprietor or manager of the area has posted a
41 conspicuous sign stating "No Smoking," "Thank You for Not Smoking," or
42 similar statement.
43 (3) "Publicly-owned building or office" means any enclosed indoor place
2
1 or portion of a place owned, leased or rented by any state, county or munici-
2 pal government, or by any agency supported by appropriation of, or by con-
3 tracts or grants from, funds derived from the collection of federal, state or
4 county taxes.
5 (4) "Smoking" includes carrying a lighted cigar, cigarette, pipe, or any
6 other matter or substance which contains tobacco.
7 (45) "Smoking area" means a designated area in which smoking is permit-
8 ted.
9 SECTION 2. That Section 39-5503, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 39-5503. PROHIBITIONS -- EXCEPTIONS. (1) No person shall smoke in a pub-
12 lic place, publicly-owned building or office, or at a public meeting except in
13 designated smoking areas.
14 (2) The following may be designated as smoking areas in their entirety:
15 (a) When an entire room or hall is used for a private social function and
16 seating arrangements are under the control of the sponsor of the function
17 and not of the proprietor or person in charge of the place;
18 (b) Bars,; and taverns or cabarets;
19 (c) Bowling alleys; and
20 (d) Areas not commonly open to the public of owner-operated businesses
21 having no employees other than the owner-operator.
STATEMENT OF PURPOSE
RS 12972C2
The purpose of this legislation is to amend Section 39-5502 in
Idaho Code relative to smoking in public places.
FISCAL IMPACT
No impact to the general fund.
Contact
Name: Rep. Langford
Phone: 332-1257
Name: Rep. Ring
Phone: 332-1238
STATEMENT OF PURPOSE/FISCAL NOTE H 292