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H0121.................................................by HEALTH AND WELFARE
CLEAN INDOOR AIR ACT - Amends existing law relating to the Clean Indoor Air
Act to remove bowling alleys from the list of exceptions to the prohibition
on smoking in a public place.
02/07 House intro - 1st rdg - to printing
02/08 Rpt prt - to St Aff
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/23 3rd rdg - PASSED - 48-17-5
AYES -- Anderson, Andrus, Bedke, Bell, Bilbao, Black, Block, Bock,
Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Crane,
Durst, Edmunson, Eskridge, Henbest, Henderson, Jaquet, Killen, King,
Kren, Labrador, Lake, LeFavour, Luker, Mathews, Pasley-Stuart,
Patrick, Pence, Raybould, Ring, Ringo, Ruchti, Rusche, Sayler,
Shepherd(2), Shirley, Shively, Smith(30), Snodgrass, Stevenson,
Trail, Wills, Wood(27)
NAYS -- Barrett, Bayer, Clark, Hagedorn, Hart, Harwood, Marriott,
McGeachin, Mortimer, Moyle, Nielsen, Nonini, Roberts, Schaefer,
Shepherd(8), Thayn, Vander Woude
Absent and excused -- Collins, Loertscher, Smith(24), Wood(35), Mr.
Speaker
Floor Sponsor - Ring
Title apvd - to Senate
02/26 Senate intro - 1st rdg - to Health/Wel
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 31-4-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Burkett, Cameron, Coiner,
Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hammond, Heinrich,
Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai,
McGee, McKenzie, Richardson, Schroeder, Siddoway, Stegner, Stennett,
Werk
NAYS -- Broadsword, Fulcher, McKague, Pearce
Absent and excused -- None
Floor Sponsor - Hill
Title apvd - to House
03/14 To enrol
03/15 Rpt enrol - Sp signed - Pres signed
03/16 To Governor
03/22 Governor VETOED
03/22 Held at Desk
03/28 House vote to override veto - PASSED - 57-13-0
AYES -- Anderson, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock,
Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Collins,
Crane, Durst, Edmunson, Eskridge, Henbest, Henderson, Jaquet, Killen,
King, Kren, Labrador, Lake, LeFavour(Herzfeld), Loertscher, Luker,
Mathews, McGeachin, Mortimer, Moyle, Pasley-Stuart, Patrick, Pence,
Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Shepherd(2),
Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Trail,
Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- Andrus, Barrett, Clark, Hagedorn, Hart, Harwood, Marriott,
Nielsen, Nonini, Schaefer, Shepherd(8), Thayn, Vander Woude
Absent and excused -- None
To Senate
03/28 Senate vote to override veto - PASSED - 29-6-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Cameron, Coiner, Corder,
Burkett, Darrington, Davis, Gannon, Geddes, Goedde, Hammond,
Heinrich, Hill, Kelly, Keough, Langhorst, Little, Lodge, Malepeai,
McGee, McKenzie, Schroeder, Siddoway, Stegner, Stennett,
Werk(Douglas)
NAYS -- Broadsword, Fulcher, Jorgenson, McKague, Pearce, Richardson
Absent and excused -- None
To House
Veto OVERRIDDEN by both House and Senate
To Jud for Certificate of Passage
03/29 Rpt out with Certificate of Passage
Sp signed - Pres signed
03/30 To Secretary of State
Session Law Chapter 272
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 121
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO CLEAN INDOOR AIR; AMENDING SECTION 39-5503, IDAHO CODE, TO REMOVE
3 BOWLING ALLEYS FROM THE LIST OF EXCEPTIONS TO THE PROHIBITION ON SMOKING
4 IN A PUBLIC PLACE.
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 (ed) 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 (fe) Theatrical production sites, if smoking is an integral part of the
26 story in the theatrical production;
27 (gf) Areas of owner-operated businesses, with no employees other than the
28 owner-operators, that are not commonly open to the public;
29 (hg) 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;
33 (ih) 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 (ji) A designated employee breakroom established by a small business
38 owner employing five (5) or fewer employees, provided that all of the fol-
39 lowing 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 16598
The purpose of this legislation is to remove the exemption for bowling
alleys from the clean indoor air prohibition on smoking in a public
place.
FISCAL NOTE
There will be no cost to the General Fund.
Contact
Name: Representative Ring
Senator Hill
Phone: 208 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 121