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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; and33 (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