2004 Legislation
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SENATE BILL NO. 1220 – Smoking prohibit/public owned bldg


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Bill Status

S1220......................................................by STATE AFFAIRS
SMOKING - Amends and adds to existing law to revise the Clean Indoor Air
Act to provide that the prohibition on smoking is extended to
publicly-owned buildings or offices; and to provide that more stringent
local provisions may be adopted.
01/22    Senate intro - 1st rdg - to printing
01/23    Rpt prt - to St Aff

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                       IN THE SENATE
                                    SENATE BILL NO. 1220
                                 BY STATE AFFAIRS COMMITTEE
  1                                        AN ACT
  7        39-5504, IDAHO CODE; AMENDING  SECTION  39-5506,  IDAHO  CODE,  TO  REVISE
 12    Be It Enacted by the Legislature of the State of Idaho:
 13        SECTION 1.  That Section 39-5501, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:
 15        39-5501.  LEGISLATIVE  FINDINGS  AND  INTENT.  (1) Public health officials
 16    have concluded that secondhand tobacco smoke causes  disease,  including  lung
 17    cancer and heart disease, in nonsmoking adults, as well as causes serious con-
 18    ditions  in children such as asthma, respiratory infections, middle ear infec-
 19    tions, and sudden infant death syndrome. In addition, public health  officials
 20    have concluded that secondhand smoke can exacerbate adult asthma and allergies
 21    and  cause  eye, throat and nasal irritation. The conclusions of public health
 22    officials concerning secondhand tobacco smoke are sufficient to  warrant  mea-
 23    sures  that  regulate  smoking in public places in order to protect the public
 24    health and the health of employees who work at public places.
 25        (2)  The intent of this chapter is to protect the public  health,  comfort
 26    and  environment,  the  health  of employees who work at public places and the
 27    rights of nonsmokers to breathe clean air by restricting  prohibiting  smoking
 28    in public places and at public meetings. to designated smoking areas.
 29        SECTION  2.  That  Section 39-5502, Idaho Code, be, and the same is hereby
 30    amended to read as follows:
 31        39-5502.  DEFINITIONS. As used in this chapter:
 32        (1)  "Auditorium" means a public building where an audience sits  and  any
 33    corridors, hallways or lobbies adjacent thereto.
 34        (2)  "Bar" means any indoor area open to the public operated primarily for
 35    the  sale  and  service of alcoholic beverages for on-premises consumption and
 36    where the service of food is incidental to the consumption of such  beverages.
 37    "Bar" does not include the dining areas of a restaurant, regardless of whether
 38    alcoholic beverages are served therein.
 39        (3)  "Employer"  means any person, partnership, limited liability company,
 40    association, corporation or nonprofit entity that employs one (1) or more per-
 41    sons, including the legislative, executive and judicial branches of state gov-
  1    ernment; any county, city, or any other political subdivision of the state; or
  2    any other separate unit of state or local government.
  3        (4)  "Indoor shopping mall"  means an indoor  facility  located  at  least
  4    fifty (50) feet from any public street or highway and housing no less than ten
  5    (10) retail establishments.
  6        (5)  "Public meeting" means all meetings open to the public.
  7        (26)  "Public  place"  means  any enclosed indoor area used by the general
  8    public including but not limited to restaurants with  a  seating  capacity  of
  9    thirty  (30) or more customers, retail stores, grocery stores and stores which
 10    sell food primarily for off-site consumption, public conveyances,  educational
 11    facilities,  hospitals,  nursing  homes, auditoriums, arenas and meeting rooms
 12    place of business, commerce, banking,  financial  service  or  other  service-
 13    related activity, whether publicly or privately owned and whether operated for
 14    profit  or not, to which persons not employed at the public place have general
 15    and regular access or which the public uses including:
 16        (a)  Buildings, offices, shops or restrooms;
 17        (b)  Waiting rooms for means of transportation or common carriers;
 18        (c)  Restaurants;
 19        (d)  Theaters, auditoriums, museums or art galleries;
 20        (e)  Hospitals, libraries, indoor shopping malls,  indoor  sports  arenas,
 21        concert halls, or airport passenger terminals, and within twenty (20) feet
 22        of public entrances and exits to such facilities;
 23        (f)  Public or private elementary or secondary school buildings and educa-
 24        tional  facilities  and  within twenty (20) feet of entrances and exits of
 25        such buildings or facilities;
 26        (g)  Retail stores, grocery stores or arcades;
 27        (h)  Barbershops, hair salons or laundromats;
 28        (i)  Sports or fitness facilities;
 29        (j)  Common areas of nursing  homes,  resorts,  hotels,  motels,  bed  and
 30        breakfast lodging facilities and other similar lodging facilities, includ-
 31        ing  lobbies,  hallways, restaurants and other designated dining areas and
 32        restrooms of any of these;
 33        (k)  Any child care facility subject to licensure under the laws of Idaho,
 34        including those operated in private homes, when any child cared for  under
 35        that license is present;
 36        (l)  Public  means of mass transportation including vans, trains, taxicabs
 37        and limousines when passengers are present; and
 38        (m)  Any public place not exempted by section 39-5503, Idaho Code.
 39        (7)  "Publicly-owned building or office" means any enclosed  indoor  place
 40    or  portion of a place owned, leased or rented by any state, county or munici-
 41    pal government, or by any agency supported by appropriation  of,  or  by  con-
 42    tracts  or  grants  from, funds derived from the collection of federal, state,
 43    municipal or county taxes.
 44        (38)  "Restaurant" means an eating establishment including, but  not  lim-
 45    ited  to, coffee shops, cafes, cafeterias, and private and public school cafe-
 46    terias, which gives or offers for sale food to the public, guests, or  employ-
 47    ees,  as well as kitchens and catering facilities in which food is prepared on
 48    the premises for serving elsewhere.  The term "restaurant" shall include a bar
 49    area within a restaurant.
 50        (9)  "Smoking" includes carrying a lighted cigar, cigarette, pipe, or  any
 51    other matter or substance which contains the possession of any lighted tobacco
 52    product in any form.
 53        (410) "Smoking  area"  means a designated area in which smoking is permit-
 54    ted.
  1        SECTION 3.  That Section 39-5503, Idaho Code, be, and the same  is  hereby
  2    amended to read as follows:
  3        39-5503.  PROHIBITIONS  -- EXCEPTIONS. (1) No person shall smoke in a pub-
  4    lic place, publicly-owned building or office, or at a public  meeting,  except
  5    in  the  following which may contain smoking areas or be designated as smoking
  6    areas. in their entirety:
  7        (2)  The following may  be designated as smoking areas in their entirety:
  8        (a)  When an entire room or hall is used for a private social function and
  9        seating arrangements are under the control of the sponsor of the  function
 10        and not of the proprietor or person in charge of the place;
 11        (b)  Bars; and
 12        (b)  Retail businesses primarily engaged in the sale of tobacco or tobacco
 13        products;
 14        (c)  Bowling alleys;
 15        (d)  Buildings owned and operated by social, fraternal, or religious orga-
 16        nizations when used by the membership of the organization, their guests or
 17        families,  or  any facility that is rented or leased for private functions
 18        from which the public is excluded and for which arrangements are under the
 19        control of the sponsor of the function;
 20        (e)  Guest rooms in hotels, motels, bed and breakfast lodging  facilities,
 21        and  other similar lodging facilities, designated by the person or persons
 22        having management authority over  such  public  lodging  establishment  as
 23        rooms in which smoking may be permitted;
 24        (f)  Theatrical  production  sites,  if smoking is an integral part of the
 25        story in the theatrical production;
 26        (g)  Areas of owner-operated businesses, with no employees other than  the
 27        owner-operators, that are not commonly open to the public;
 28        (h)  Any  office  or  business,  other than child care facilities, located
 29        within the proprietor's private home when all such  offices  and/or  busi-
 30        nesses  occupy  less than fifty percent (50%) of the total area within the
 31        private home; and
 32        (i)  A designated employee breakroom established by a small business owner
 33        employing five (5) or fewer employees, provided that all of the  following
 34        conditions are met:
 35             (i)   The breakroom is not accessible to minors;
 36             (ii)  The  breakroom is separated from other parts of the building by
 37             a floor to ceiling partition;
 38             (iii) The breakroom is not the sole means of entrance or exit to  the
 39             establishment  or  its  restrooms  and is located in an area where no
 40             employee is required to enter as part of the employee's work  respon-
 41             sibilities.  For purposes of this paragraph, the term "work responsi-
 42             bilities" does not include custodial or maintenance work performed in
 43             a breakroom when it is unoccupied; and
 44             (iv)  "Warning: Smoking Permitted" signs are  prominently  posted  in
 45             the  smoking  breakroom and properly maintained by the employer.  The
 46             letters on such signs shall be at least one (1) inch in height.
 47        (2)  This section shall not be construed to require employers  to  provide
 48    reasonable  accommodation  to smokers, or to provide breakrooms for smokers or
 49    nonsmokers.
 50        (3)  Nothing in this section shall prohibit an employer  from  prohibiting
 51    smoking in an enclosed place of employment.
 52        SECTION  4.  That  Section 39-5504, Idaho Code, be, and the same is hereby
 53    repealed.
  1        SECTION 5.  That Section 39-5506, Idaho Code, be, and the same  is  hereby
  2    amended to read as follows:
  3        39-5506.  RESPONSIBILITIES OF PROPRIETORS EMPLOYERS. (1) The proprietor or
  4    other person in charge of a public place shall make reasonable efforts to pre-
  5    vent  smoking  in  the  public  place by posting appropriate signs designating
  6    smoking and nonsmoking areas No employer or other person in charge of a public
  7    place or publicly-owned building or office shall  knowingly  or  intentionally
  8    permit the smoking of tobacco products in violation of this chapter.
  9        (2)  Failure  to post signs  shall not be construed as indicating the area
 10    to be either smoking or nonsmoking Any  employer or other person in charge  of
 11    a public place or publicly-owned building or office who knowingly violates the
 12    provisions of this section is guilty of an infraction and is subject to a fine
 13    not to exceed one hundred dollars ($100).
 14        (3)  Any employer who discharges or in any manner discriminates against an
 15    employee  because  that employee has made a complaint or has given information
 16    to the department of health and welfare or the department of labor pursuant to
 17    this section shall be subject to a civil penalty of not less than one thousand
 18    dollars ($1,000) nor more than five thousand dollars ($5,000) for each  viola-
 19    tion.
 20        SECTION  6.  That  Section 39-5507, Idaho Code, be, and the same is hereby
 21    amended to read as follows:
 22        39-5507.  VIOLATIONS. Any person who violates any  of  the  provisions  of
 23    this  chapter An employer, or other person in charge of a public place or pub-
 24    licly-owned building, or the agent or employee of such person, who observes  a
 25    person  smoking  in apparent violation of this chapter shall ask the person to
 26    extinguish all lighted tobacco products. If the person persists  in  violating
 27    this  chapter, the employer, person in charge, agent or employee shall ask the
 28    person to leave the premises. Any person who refuses to either extinguish  all
 29    lighted  tobacco products or leave the premises is guilty of an infraction and
 30    is subject to a fine not to exceed fifty dollars ($50.00). Any violation   may
 31    be reported to a law enforcement officer.
 32        SECTION  7.  That  Chapter  55,  Title 39, Idaho Code, be, and the same is
 33    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 34    ignated as Section 39-5511, Idaho Code, and to read as follows:
 35        39-5511.  LOCAL  PROVISIONS.  Nothing in this chapter shall be interpreted
 36    to prevent local, county or municipal governments from adopting ordinances  or
 37    regulations more restrictive than the provisions contained herein.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                            RS 13716C1
This legislation will amend Chapter 55, Title 39, Idaho Code,
regulating smoking in public places, publicly-owned buildings or
offices, and at public meetings.  It sets standards to protect
the public health, comfort and environment, the health of
employees who work in public places, and the rights of citizens
to breathe clean air.  It further defines those public places
where smoking will be prohibited and specifies exceptions to the
smoking restrictions.

                       Fiscal Impact

Name: Senator Brent Hill 
Phone: 208-332-1347

STATEMENT OF PURPOSE/FISCAL NOTE                      S 1220