2006 Legislation
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HOUSE BILL NO. 499 – Smoking rooms, bowling alleys


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Bill Status

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

Bill Text

  ]]]]              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
  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;
  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 / Fiscal Impact

                       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.

Name:     Representative Ring
Phone:    322-1000  

STATEMENT OF PURPOSE/FISCAL NOTE                         H 499