2004 Legislation
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SENATE BILL NO. 1283 – Smoking prohibit/public owned bldg


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Bill Status

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.
      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

Bill Text

  ]]]]              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
  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: (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
  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
  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
  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 / Fiscal Impact

                       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.

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

STATEMENT OF PURPOSE/FISCAL NOTE              Bill No. S 1283