2005 Legislation
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SENATE BILL NO. 1023 – State veterans homes, smoking OK


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Bill Status

S1023.............................................................by GOEDDE
STATE VETERANS HOMES - SMOKING - Amends existing law to provide that Idaho
state veterans homes may permit smoking in designated areas under certain
01/18    Senate intro - 1st rdg - to printing
01/19    Rpt prt - to St Aff
02/03    Rpt out - rec d/p - to 2nd rdg
02/04    2nd rdg - to 3rd rdg
02/08    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Noble, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Goedde
    Title apvd - to House
02/09    House intro - 1st rdg - to St Aff
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/09    3rd rdg - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
      Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Jones, Kemp, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,
      Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, Lake, Smith(24)
    Floor Sponsor - Harwood
    Title apvd - to Senate
03/10    To enrol
03/11    Rpt enrol - Pres signed
03/14    Sp signed
03/15    To Governor
03/21    Governor signed
         Session Law Chapter 96
         Effective: 03/21/05

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                       IN THE SENATE
                                    SENATE BILL NO. 1023
                                         BY GOEDDE
  1                                        AN ACT
  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
  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.
 14        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 15    declared to exist, this act shall be in full force and effect on and after its
 16    passage and approval.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                            RS 14647
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. An
emergency clause has been included
                          FISCAL IMPACT

None. Needed equipment already exists in Veteran's Homes

Name: Sen. John Goedde                                        
Phone: 332-1330 

Name: Rep. Dick Harwood
Phone: 332-1210

STATEMENT OF PURPOSE/FISCAL NOTE                    S 1023