View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0499.................................................by HEALTH AND WELFARE
SMOKING - BOWLING ALLEYS - Amends existing law relating to clean indoor air
to provide that designated smoking rooms in bowling alleys that meet
certain conditions are excepted from public smoking prohibitions.
01/30 House intro - 1st rdg - to printing
01/31 Rpt prt - to Health/Wel
02/17 Rpt out - rec d/p - to 2nd rdg
02/20 2nd rdg - to 3rd rdg
02/23 3rd rdg - FAILED - 18-49-3
AYES -- Bell, Bilbao, Black, Boe, Bradford, Cannon, Deal, Field(18),
Garrett, McGeachin, Miller, Pence, Ring, Sali, Shepherd(8), Shirley,
Skippen, Snodgrass
NAYS -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Block, Bolz, Chadderdon, Clark, Collins, Crow, Denney,
Edmunson, Ellsworth, Eskridge, Hart, Harwood, Henbest, Henderson,
Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McKague,
Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Raybould, Ringo,
Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2), Smith(30),
Smith(24), Smylie(Luker), Stevenson, Trail, Wills, Mr. Speaker
Absent and excused -- Brackett, Field(23), Wood
Floor Sponsor - Ring
Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 499
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO CLEAN INDOOR AIR; AMENDING SECTION 39-5503, IDAHO CODE, TO PROVIDE
3 THAT DESIGNATED SMOKING ROOMS IN BOWLING ALLEYS THAT MEET CERTAIN CONDI-
4 TIONS ARE EXCEPTED FROM PUBLIC SMOKING PROHIBITIONS; AND PROVIDING AN
5 EFFECTIVE DATE.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 39-5503, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-5503. PROHIBITIONS -- EXCEPTIONS. (1) No person shall smoke in a pub-
10 lic place, publicly-owned building or office, or at a public meeting, except
11 in the following which may contain smoking areas or be designated as smoking
12 areas in their entirety:
13 (a) Bars;
14 (b) Retail businesses primarily engaged in the sale of tobacco or tobacco
15 products;
16 (c) Bowling alleys;
17 (d) Buildings owned and operated by social, fraternal, or religious orga-
18 nizations when used by the membership of the organization, their guests or
19 families, or any facility that is rented or leased for private functions
20 from which the public is excluded and for which arrangements are under the
21 control of the sponsor of the function;
22 (ed) Guest rooms in hotels, motels, bed and breakfast lodging facilities,
23 and other similar lodging facilities, designated by the person or persons
24 having management authority over such public lodging establishment as
25 rooms in which smoking may be permitted;
26 (fe) Theatrical production sites, if smoking is an integral part of the
27 story in the theatrical production;
28 (gf) Areas of owner-operated businesses, with no employees other than the
29 owner-operators, that are not commonly open to the public;
30 (hg) Any office or business, other than child care facilities, located
31 within the proprietor's private home when all such offices and/or busi-
32 nesses occupy less than fifty percent (50%) of the total area within the
33 private home;
34 (ih) Idaho state veterans homes, established pursuant to section 66-901,
35 Idaho Code, that permit smoking in designated areas, provided that physi-
36 cal barriers and ventilation systems are used to reduce smoke in adjacent
37 nonsmoking areas; and
38 (ji) A designated employee breakroom established by a small business
39 owner employing five (5) or fewer employees, provided that all of the fol-
40 lowing conditions are met:
41 (i) The breakroom is not accessible to minors;
42 (ii) The breakroom is separated from other parts of the building by
43 a floor to ceiling partition;
2
1 (iii) The breakroom is not the sole means of entrance or exit to the
2 establishment or its restrooms and is located in an area where no
3 employee is required to enter as part of the employee's work respon-
4 sibilities. For purposes of this paragraph, the term "work responsi-
5 bilities" does not include custodial or maintenance work performed in
6 a breakroom when it is unoccupied; and
7 (iv) "Warning: Smoking Permitted" signs are prominently posted in
8 the smoking breakroom and properly maintained by the employer. The
9 letters on such signs shall be at least one (1) inch in height.
10 (j) A designated smoking room in a bowling alley, provided that all of
11 the following conditions are met:
12 (i) The room is not accessible to minors;
13 (ii) The room is separated from other parts of the building by a
14 floor to ceiling partition;
15 (iii) The room is not the sole means of entrance or exit to the bowl-
16 ing alley or its restrooms and is located in an area where no
17 employee is required to enter as part of the employee's work respon-
18 sibilities. For purposes of this paragraph, the term "work responsi-
19 bilities" does not include custodial or maintenance work performed in
20 the room when it is unoccupied;
21 (iv) Signs containing the following words in lettering of at least
22 one (1) inch in height are placed conspicuously over or on the door
23 to the room and are clearly visible from the exterior approach to
24 such room: "Warning: Smoking Permitted -- Admittance of persons under
25 eighteen (18) years of age prohibited by law.";
26 (v) An exhaust fan is installed in the room and is operating at all
27 times the room is occupied; and
28 (vi) The room has an HVAC system separate from the HVAC system(s)
29 serving the remainder of the bowling alley in a manner that return
30 air from the smoking room is not mixed with return air from the
31 remainder of the bowling alley.
32 (2) This section shall not be construed to require employers to provide
33 reasonable accommodation to smokers, or to provide breakrooms for smokers or
34 nonsmokers.
35 (3) Nothing in this section shall prohibit an employer from prohibiting
36 smoking in an enclosed place of employment.
37 SECTION 2. This act shall be in full force and effect on and after Janu-
38 ary 1, 2007.
STATEMENT OF PURPOSE
RS 15464
The purpose of this legislation is to prohibit smoking in
bowling alleys, with an exception for designated smoking rooms
that meet requirements to minimize any mixing of air from a
smoking room into the bowling alley.
FISCAL NOTE
No cost to the general fund.
Contact
Name: Representative Ring
Phone: 322-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 499