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S1283......................................................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.
02/05 Senate intro - 1st rdg - to printing
02/06 Rpt prt - to St Aff
02/10 Rpt out - rec d/p - to 2nd rdg
02/11 2nd rdg - to 3rd rdg
02/13 3rd rdg - PASSED - 22-13-0
AYES -- Andreason, Bunderson, Burkett, Burtenshaw, Cameron,
Darrington, Davis(Davis) Gannon, Geddes, Hill, Kennedy, Little,
Lodge, Malepeai, Marley, Noble, Noh, Richardson, Schroeder, Stegner,
Stennett, Williams
NAYS -- Bailey, Brandt, Calabretta, Compton, Goedde, Ingram, Keough,
McKenzie, McWilliams, Pearce, Sorensen, Sweet, Werk
Absent and excused -- None
Floor Sponsor - Hill
Title apvd - to House
02/16 House intro - 1st rdg - to Health/Wel
03/12 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 44-26-0
AYES -- Andersen, Barraclough, Bedke, Bell, Black, Block, Boe,
Bradford, Cannon, Deal, Douglas, Ellsworth, Field(18), Field(23),
Gagner, Garrett, Henbest, Jaquet, Jones, Lake, Langford, Langhorst,
Martinez, McGeachin, Miller, Mitchell, Naccarato, Pasley-Stuart,
Raybould, Ring, Ringo, Robison, Rydalch, Sayler, Shirley, Smith(30),
Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr.
Speaker
NAYS -- Barrett, Bauer, Bayer, Bolz, Campbell, Clark, Collins, Crow,
Cuddy, Denney, Eberle, Edmunson, Eskridge, Harwood, Kellogg, Kulczyk,
McKague, Meyer, Moyle, Nielsen, Ridinger, Roberts, Sali, Schaefer,
Shepherd, Skippen
Absent and excused -- None
Floor Sponsors - Bell & Ring
Title apvd - to Senate
03/18 To enrol
03/19 Rpt enrol - Pres signed - Sp signed
03/22 To Governor
04/02 Governor signed
Session Law Chapter 389
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1283
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 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: (a) the service of food is incidental to the consumption of such bever-
37 ages, or (b) no person under the age of twenty-one (21) years is permitted
38 except as provided in section 23-943, Idaho Code, as it pertains to employees,
39 musicians and singers, and all public entrances are clearly posted with signs
40 warning patrons that it is a smoking facility and that persons under twenty-
41 one (21) years of age are not permitted. "Bar" does not include any area
2
1 within a restaurant.
2 (3) "Employer" means any person, partnership, limited liability company,
3 association, corporation or nonprofit entity that employs one (1) or more per-
4 sons, including the legislative, executive and judicial branches of state gov-
5 ernment; any county, city, or any other political subdivision of the state; or
6 any other separate unit of state or local government.
7 (4) "Indoor shopping mall" means an indoor facility located at least
8 fifty (50) feet from any public street or highway and housing no less than ten
9 (10) retail establishments.
10 (5) "Public meeting" means all meetings open to the public.
11 (26) "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 public place have general
19 and regular access or which the public uses including:
20 (a) Buildings, offices, shops or restrooms;
21 (b) Waiting rooms for means of transportation or common carriers;
22 (c) Restaurants;
23 (d) Theaters, auditoriums, museums or art galleries;
24 (e) Hospitals, libraries, indoor shopping malls, indoor sports arenas,
25 concert halls, or airport passenger terminals, and within twenty (20) feet
26 of public entrances and exits to such facilities;
27 (f) Public or private elementary or secondary school buildings and educa-
28 tional facilities and within twenty (20) feet of entrances and exits of
29 such buildings or facilities;
30 (g) Retail stores, grocery stores or arcades;
31 (h) Barbershops, hair salons or laundromats;
32 (i) Sports or fitness facilities;
33 (j) Common areas of nursing homes, resorts, hotels, motels, bed and
34 breakfast lodging facilities and other similar lodging facilities, includ-
35 ing lobbies, hallways, restaurants and other designated dining areas and
36 restrooms of any of these;
37 (k) Any child care facility subject to licensure under the laws of Idaho,
38 including those operated in private homes, when any child cared for under
39 that license is present;
40 (l) Public means of mass transportation including vans, trains, taxicabs
41 and limousines when passengers are present; and
42 (m) Any public place not exempted by section 39-5503, Idaho Code.
43 (7) "Publicly-owned building or office" means any enclosed indoor place
44 or portion of a place owned, leased or rented by any state, county or munici-
45 pal government, or by any agency supported by appropriation of, or by con-
46 tracts or grants from, funds derived from the collection of federal, state,
47 municipal or county taxes.
48 (38) "Restaurant" means an eating establishment including, but not lim-
49 ited to, coffee shops, cafes, cafeterias, and private and public school cafe-
50 terias, which gives or offers for sale food to the public, guests, or employ-
51 ees, as well as kitchens and catering facilities in which food is prepared on
52 the premises for serving elsewhere. The term "restaurant" shall include a bar
53 area within a restaurant.
54 (9) "Smoking" includes carrying a lighted cigar, cigarette, pipe, or any
55 other matter or substance which contains the possession of any lighted tobacco
3
1 product in any form.
2 (410) "Smoking area" means a designated area in which smoking is permit-
3 ted.
4 SECTION 3. That Section 39-5503, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 39-5503. PROHIBITIONS -- EXCEPTIONS. (1) No person shall smoke in a pub-
7 lic place, publicly-owned building or office, or at a public meeting, except
8 in the following which may contain smoking areas or be designated as smoking
9 areas. in their entirety:
10 (2) The following may be designated as smoking areas in their entirety:
11 (a) When an entire room or hall is used for a private social function and
12 seating arrangements are under the control of the sponsor of the function
13 and not of the proprietor or person in charge of the place;
14 (b) Bars; and
15 (b) Retail businesses primarily engaged in the sale of tobacco or tobacco
16 products;
17 (c) Bowling alleys;
18 (d) Buildings owned and operated by social, fraternal, or religious orga-
19 nizations when used by the membership of the organization, their guests or
20 families, or any facility that is rented or leased for private functions
21 from which the public is excluded and for which arrangements are under the
22 control of the sponsor of the function;
23 (e) Guest rooms in hotels, motels, bed and breakfast lodging facilities,
24 and other similar lodging facilities, designated by the person or persons
25 having management authority over such public lodging establishment as
26 rooms in which smoking may be permitted;
27 (f) Theatrical production sites, if smoking is an integral part of the
28 story in the theatrical production;
29 (g) Areas of owner-operated businesses, with no employees other than the
30 owner-operators, that are not commonly open to the public;
31 (h) Any office or business, other than child care facilities, located
32 within the proprietor's private home when all such offices and/or busi-
33 nesses occupy less than fifty percent (50%) of the total area within the
34 private home; and
35 (i) A designated employee breakroom established by a small business owner
36 employing five (5) or fewer employees, provided that all of the following
37 conditions are met:
38 (i) The breakroom is not accessible to minors;
39 (ii) The breakroom is separated from other parts of the building by
40 a floor to ceiling partition;
41 (iii) The breakroom is not the sole means of entrance or exit to the
42 establishment or its restrooms and is located in an area where no
43 employee is required to enter as part of the employee's work respon-
44 sibilities. For purposes of this paragraph, the term "work responsi-
45 bilities" does not include custodial or maintenance work performed in
46 a breakroom when it is unoccupied; and
47 (iv) "Warning: Smoking Permitted" signs are prominently posted in
48 the smoking breakroom and properly maintained by the employer. The
49 letters on such signs shall be at least one (1) inch in height.
50 (2) This section shall not be construed to require employers to provide
51 reasonable accommodation to smokers, or to provide breakrooms for smokers or
52 nonsmokers.
53 (3) Nothing in this section shall prohibit an employer from prohibiting
4
1 smoking in an enclosed place of employment.
2 SECTION 4. That Section 39-5504, Idaho Code, be, and the same is hereby
3 repealed.
4 SECTION 5. That Section 39-5506, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 39-5506. RESPONSIBILITIES OF PROPRIETORS EMPLOYERS. (1) The proprietor or
7 other person in charge of a public place shall make reasonable efforts to pre-
8 vent smoking in the public place by posting appropriate signs designating
9 smoking and nonsmoking areas No employer or other person in charge of a public
10 place or publicly-owned building or office shall knowingly or intentionally
11 permit the smoking of tobacco products in violation of this chapter.
12 (2) Failure to post signs shall not be construed as indicating the area
13 to be either smoking or nonsmoking Any employer or other person in charge of
14 a public place or publicly-owned building or office who knowingly violates the
15 provisions of this section is guilty of an infraction and is subject to a fine
16 not to exceed one hundred dollars ($100).
17 (3) Any employer who discharges or in any manner discriminates against an
18 employee because that employee has made a complaint or has given information
19 to the department of health and welfare or the department of labor pursuant to
20 this section shall be subject to a civil penalty of not less than one thousand
21 dollars ($1,000) nor more than five thousand dollars ($5,000) for each viola-
22 tion.
23 SECTION 6. That Section 39-5507, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 39-5507. VIOLATIONS. Any person who violates any of the provisions of
26 this chapter An employer, or other person in charge of a public place or pub-
27 licly-owned building, or the agent or employee of such person, who observes a
28 person smoking in apparent violation of this chapter shall ask the person to
29 extinguish all lighted tobacco products. If the person persists in violating
30 this chapter, the employer, person in charge, agent or employee shall ask the
31 person to leave the premises. Any person who refuses to either extinguish all
32 lighted tobacco products or leave the premises is guilty of an infraction and
33 is subject to a fine not to exceed fifty dollars ($50.00). Any violation may
34 be reported to a law enforcement officer.
35 SECTION 7. That Chapter 55, Title 39, Idaho Code, be, and the same is
36 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
37 ignated as Section 39-5511, Idaho Code, and to read as follows:
38 39-5511. LOCAL PROVISIONS. Nothing in this chapter shall be interpreted
39 to prevent local, county or municipal governments from adopting ordinances or
40 regulations more restrictive than the provisions contained herein.
STATEMENT OF PURPOSE
RS 13918
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
This legislation has no impact on state general fund
appropriations. Independent studies done in other states that have
adopted similar legislation show no decrease in sales tax or income
tax revenues due to the law change. This bill is not intended to
promote smoking cessation, but could result in reduced tobacco
consumption that would affect state tobacco tax receipts. The
amount of such effect, if any, is not determinable.
Contact
Name: Senator Brent Hill
Phone: 208-332-1347
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. S 1283
REVISED REVISED REVISED REVISED REVISE