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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 conditions. 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
]]]] 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 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; AND DECLARING AN EMERGENCY. 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. 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 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 Contact Name: Sen. John Goedde Phone: 332-1330 Name: Rep. Dick Harwood Phone: 332-1210 STATEMENT OF PURPOSE/FISCAL NOTE S 1023