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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
]]]] 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 2 RELATING TO LIMITATIONS ON SMOKING IN PUBLIC PLACES; AMENDING SECTION 39-5501, 3 IDAHO CODE, TO REVISE LEGISLATIVE INTENT; AMENDING SECTION 39-5502, IDAHO 4 CODE, TO FURTHER DEFINE TERMS; AMENDING SECTION 39-5503, IDAHO CODE, TO 5 EXTEND THE PROHIBITION ON SMOKING TO PUBLICLY-OWNED BUILDINGS OR OFFICES 6 AND TO REVISE WHAT MAY BE A DESIGNATED SMOKING AREA; REPEALING SECTION 7 39-5504, IDAHO CODE; AMENDING SECTION 39-5506, IDAHO CODE, TO REVISE 8 RESPONSIBILITIES OF EMPLOYERS; AMENDING SECTION 39-5507, IDAHO CODE, TO 9 REVISE ENFORCEMENT PROCEDURES; AND AMENDING CHAPTER 55, TITLE 39, IDAHO 10 CODE, BY THE ADDITION OF A NEW SECTION 39-5511, IDAHO CODE, TO PROVIDE 11 THAT MORE STRINGENT LOCAL PROVISIONS MAY BE ADOPTED. 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 restrictingprohibiting 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- 2 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 general8 public including but not limited to restaurants with a seating capacity of9 thirty (30) or more customers, retail stores, grocery stores and stores which10 sell food primarily for off-site consumption, public conveyances, educational11 facilities, hospitals, nursing homes, auditoriums, arenas and meeting rooms12 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 any51 other matter or substance which containsthe 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. 3 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 and9 seating arrangements are under the control of the sponsor of the function10 and not of the proprietor or person in charge of the place;11 (b)Bars; and12 (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. 4 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 PROPRIETORSEMPLOYERS. (1) The proprietor or4 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 designating6 smoking and nonsmoking areasNo 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 area10 to be either smoking or nonsmokingAny 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 of23 this chapterAn 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 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 None. Contact Name: Senator Brent Hill Phone: 208-332-1347 STATEMENT OF PURPOSE/FISCAL NOTE S 1220