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S1001.............................................................by GOEDDE
STATE VETERANS HOMES - SMOKING - Amends existing law to provide that Idaho
state veterans homes may permit smoking in designated areas under certain
conditions.
01/11 Senate intro - 1st rdg - to printing
01/12 Rpt prt - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1001
BY GOEDDE
1 AN ACT
2 RELATING TO IDAHO STATE VETERANS HOMES; AMENDING SECTION 39-5503, IDAHO CODE,
3 TO PROVIDE THAT IDAHO STATE VETERANS HOMES MAY PERMIT SMOKING IN DESIG-
4 NATED AREAS UNDER CERTAIN CONDITIONS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 39-5503, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 39-5503. PROHIBITIONS -- EXCEPTIONS. (1) No person shall smoke in a pub-
9 lic place, publicly-owned building or office, or at a public meeting, except
10 in the following which may contain smoking areas or be designated as smoking
11 areas in their entirety:
12 (a) Bars;
13 (b) Retail businesses primarily engaged in the sale of tobacco or tobacco
14 products;
15 (c) Bowling alleys;
16 (d) Buildings owned and operated by social, fraternal, or religious orga-
17 nizations when used by the membership of the organization, their guests or
18 families, or any facility that is rented or leased for private functions
19 from which the public is excluded and for which arrangements are under the
20 control of the sponsor of the function;
21 (e) Guest rooms in hotels, motels, bed and breakfast lodging facilities,
22 and other similar lodging facilities, designated by the person or persons
23 having management authority over such public lodging establishment as
24 rooms in which smoking may be permitted;
25 (f) Theatrical production sites, if smoking is an integral part of the
26 story in the theatrical production;
27 (g) Areas of owner-operated businesses, with no employees other than the
28 owner-operators, that are not commonly open to the public;
29 (h) Any office or business, other than child care facilities, located
30 within the proprietor's private home when all such offices and/or busi-
31 nesses occupy less than fifty percent (50%) of the total area within the
32 private home; and
33 (i) Idaho state veterans homes, established pursuant to section 66-901,
34 Idaho Code, that permit smoking in designated areas, provided that physi-
35 cal barriers and ventilation systems are used to reduce smoke in adjacent
36 nonsmoking areas; and
37 (j) A designated employee breakroom established by a small business owner
38 employing five (5) or fewer employees, provided that all of the following
39 conditions are met:
40 (i) The breakroom is not accessible to minors;
41 (ii) The breakroom is separated from other parts of the building by
42 a floor to ceiling partition;
43 (iii) The breakroom is not the sole means of entrance or exit to the
2
1 establishment or its restrooms and is located in an area where no
2 employee is required to enter as part of the employee's work respon-
3 sibilities. For purposes of this paragraph, the term "work responsi-
4 bilities" does not include custodial or maintenance work performed in
5 a breakroom when it is unoccupied; and
6 (iv) "Warning: Smoking Permitted" signs are prominently posted in
7 the smoking breakroom and properly maintained by the employer. The
8 letters on such signs shall be at least one (1) inch in height.
9 (2) This section shall not be construed to require employers to provide
10 reasonable accommodation to smokers, or to provide breakrooms for smokers or
11 nonsmokers.
12 (3) Nothing in this section shall prohibit an employer from prohibiting
13 smoking in an enclosed place of employment.
STATEMENT OF PURPOSE
RS 14389
Occupants of Veteran's Homes were denied smoking privileges as a
result of passage of the Clean Indoor Air Act. This legislation
will allow smoking in areas within said homes that have suitable
equipment to minimize impact on the balance of the facility.
FISCAL IMPACT
None. Needed equipment already exists in Veteran's Homes
Contact
Name: Sen. John Goedde
Phone: 332-1330
Name: Rep. Dick Harwood
Phone: 332-1210
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. S 1001
REVISED REVISED REVISED REVISED REVISE