Print Friendly HOUSE BILL NO. 356 – Bldgs, publicly-owned, no smoking
HOUSE BILL NO. 356
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H0356.........................................................by STATE AFFAIRS
PUBLICLY-OWNED BUILDINGS - NO SMOKING - Amends and adds to existing law to
extend the prohibition on smoking to publicly-owned buildings or offices; and
to provide that more stringent local provisions may be adopted.
03/10 House intro - 1st rdg - to printing
03/11 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. 356
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; AMENDING SECTION 39-5503, IDAHO CODE,
4 TO EXTEND THE PROHIBITION ON SMOKING TO PUBLICLY-OWNED BUILDINGS OR OFFI-
5 CES; AND AMENDING CHAPTER 55, TITLE 39, IDAHO CODE, BY THE ADDITION OF A
6 NEW SECTION 39-5511, IDAHO CODE, TO PROVIDE THAT MORE STRINGENT LOCAL PRO-
7 VISIONS MAY BE ADOPTED.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 39-5502, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 39-5502. DEFINITIONS. As used in this chapter:
12 (1) "Public meeting" means all meetings open to the public.
13 (2) "Public place" means any enclosed indoor area used by the general
14 public including but not limited to restaurants with a seating capacity of
15 thirty (30) or more customers, retail stores, grocery stores and stores which
16 sell food primarily for off-site consumption, public conveyances, educational
17 facilities, hospitals, nursing homes, auditoriums, arenas and meeting rooms
18 place of business, commerce, banking, financial service, or other service-
19 related activity, whether publicly or privately owned and whether operated for
20 profit or not, to which persons not employed at the public place have general
21 and regular access or which the public uses, including:
22 (a) Buildings, offices, shops, elevators or restrooms;
23 (b) Means of transportation or common carrier waiting rooms;
24 (c) Restaurants, cafes or cafeterias;
25 (d) Shopping malls, retail stores, grocery stores or arcades;
26 (e) Libraries, theaters, concert halls, museums, art galleries,
27 planetariums, historical sites, auditoriums or arenas;
28 (f) Barbershops, hair salons or laundromats;
29 (g) Sports or fitness facilities;
30 (h) Common areas of nursing homes, hospitals, resorts, hotels, motels,
31 "bed and breakfast" lodging facilities, and other similar lodging facili-
32 ties, including lobbies, hallways, elevators, restaurants, cafeterias,
33 other designated dining areas, and restrooms of any of these;
34 (i) Any child care facility subject to licensure under the laws of Idaho,
35 including those operated in private homes, when any child cared for under
36 that license is present;
37 (j) Public or private elementary or secondary school buildings and educa-
38 tional facilities or the property on which those facilities are located;
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
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,
4 municipal or 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-
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 a designated smoking area s. in the following:
14 (2) The following may be designated as smoking areas in their entirety:
15 ( a1) When an entire room or hall is used for a private social function
16 and 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 ( b2) Bars, taverns or cabarets; and
19 ( c3) Bowling alleys; and
20 (4) Areas of owner-operated businesses having no employees other than the
21 owner-operator that are not commonly open to the public.
22 SECTION 3. That Chapter 55, Title 39, Idaho Code, be, and the same is
23 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
24 ignated as Section 39-5511, Idaho Code, and to read as follows:
25 39-5511. LOCAL PROVISIONS. Nothing in this chapter shall be interpreted
26 to prevent local, county or municipal governments from adopting ordinances or
27 regulations more restrictive than the provisions contained herein.
STATEMENT OF PURPOSE
The purpose of this legislation is to amend Section 39-5502 in
Idaho Code relative to smoking in public places.
No impact to the general fund.
Name: Rep. Eulalie Langford
STATEMENT OF PURPOSE/FISCAL NOTE H 356