71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SMRA to A-Eng. HB 2828
LC 1393/HB 2828-AMR7
SENATE MINORITY REPORT
AMENDMENTS TO
A-ENGROSSED HOUSE BILL 2828
July 5
President Derfler:
A minority of your Committee on Rules and Redistricting, to
whom was referred A-engrossed House Bill 2828, having had the
same under consideration, respectfully reports it back with the
recommendation that it do pass with the following amendments:
In line 2 of the printed A-engrossed bill, after 'tobacco '
insert '; creating new provisions; and amending ORS 433.835,
433.840, 433.845, 433.850, 433.855, 433.870 and 433.990'.
Delete lines 4 through 9 and insert:
' { + SECTION 1. + } ORS 433.835 is amended to read:
' 433.835. As used in ORS 433.835 to 433.875:
' { + (1) 'Enclosed area' means all space between a floor and
a ceiling that is enclosed on all sides by solid walls or
windows, exclusive of doors, that extend from the floor to the
ceiling.
' (2) 'Place of employment' means every enclosed area under the
control of a public or private employer that employees frequent
during the course of employment, including but not limited to
work areas, employee lounges, rest rooms, conference rooms,
classrooms, cafeterias and hallways. 'Place of employment ' does
not include a private residence unless it is used as a child care
facility as defined in ORS 657A.250, a facility providing adult
day care as defined in ORS 410.490 or a health care facility as
defined in ORS 442.015. + }
' { - (1) - } { + (3) + } 'Public place' means any enclosed
indoor area open to and frequented by the public, except those
public places subject to ORS 441.815, including but not limited
to restaurants, as defined in ORS 624.010, bowling centers,
retail stores, banks, commercial establishments, educational
facilities, nursing homes, auditoriums, arenas, meeting rooms and
grocery stores.
' { - (2) - } { + (4) + } 'Smoking instrument' means any
cigar, cigarette, pipe or other smoking equipment.
' { + (5) 'Stand-alone cocktail lounge or tavern' means an
establishment that is an enclosed area, has its own ventilation
system and is posted as prohibited to minors under rules adopted
by the Oregon Liquor Control Commission. + }
' { + SECTION 2. + } ORS 433.840 is amended to read:
' 433.840. The people of Oregon find that because the smoking
of tobacco { - creates a health hazard to those present in
confined places - } { + and the breathing of secondhand smoke
create health hazards, including lung cancer, heart disease and
respiratory infection, to children and adults present in enclosed
areas + }, it is necessary to reduce exposure to tobacco smoke by
{ - requiring nonsmoking areas - } { + prohibiting smoking + }
in certain places.
' { + SECTION 3. + } ORS 433.845 is amended to read:
' 433.845. { - No person shall - } { + A person may not + }
smoke or carry any lighted smoking instrument in a public place
{ + or a place of employment + } except in areas
{ - designated as smoking areas pursuant to ORS 433.850 - }
{ + not subject to smoking restrictions under section 9 of this
2001 Act + }. Smoking is prohibited in a room during the time
that jurors are required to use the room.
' { + SECTION 4. + } ORS 433.850 is amended to read:
' 433.850. { - (1) Pursuant to rules adopted by the Health
Division, a proprietor or person in charge of a public place may
designate areas in which smoking is permitted. - }
' { - (2) No public place may be designated in its entirety as
a smoking area except: - }
' { - (a) Cocktail lounges and taverns. - }
' { - (b) Enclosed offices or rooms occupied exclusively by
smokers, even though the offices or rooms may be visited by
nonsmokers. - }
' { - (c) Rooms or halls being used for private social
functions where the seating arrangements are under the control of
the sponsor of the function. - }
' { - (d) Retail businesses primarily engaged in the sale of
tobacco or tobacco products. - }
' { - (e) Restaurants with seating capacity for 30 or fewer
patrons or restaurants with air filtration systems meeting the
standards established pursuant to ORS 433.855. - }
' { - (3) Notwithstanding any other provisions of ORS 433.835
to 433.875 and 433.990 (5), in the case of restaurants, as
defined in ORS 624.010, or bowling centers, nothing in ORS
433.835 to 433.875 and 433.990 (5) is intended to prevent the
owner or person in charge from expanding or contracting the size
of the smoking area to meet the requirements of patrons. - }
' { + (1) Except as provided in section 9 of this 2001 Act,
an employer shall provide a place of employment free of tobacco
smoke for all employees. + }
' { - (4) - } { + (2) + } The proprietor or person in charge
of a public place { - , except places described in subsection
(2) of this section, - } { + and every employer + }shall post
{ - appropriate signs - } { + 'No Smoking' signs or the
international no-smoking symbol conspicuously and sufficiently in
public places and places of employment pursuant to rules adopted
by the Health Division + }.
' { + SECTION 5. + } ORS 433.870 is amended to read:
' 433.870. The regulations authorized by ORS { - 433.835 to
433.875 - } { + 433.855, 433.860 and 433.865 + } { - and
433.990 (5) - } are in addition to and not in lieu of any other
law regulating smoking.
' { + SECTION 6. + } ORS 433.855 is amended to read:
' 433.855. (1) The Health Division, in accordance with the
provisions of ORS 183.310 to 183.550:
' (a) Shall adopt rules necessary to implement the provisions
of ORS 433.835 to 433.875 and 433.990 (5);
' (b) Shall be responsible for compliance with such rules; and
' (c) May impose a civil penalty not to exceed the amount
specified in ORS 433.990 (5) for each violation of a rule of the
division applicable to ORS 433.850 { - (2) or (4) - } , to be
collected in the manner provided in ORS 441.705 to 441.745. All
penalties recovered shall be paid into the State Treasury and
credited to the General Fund.
' (2) In carrying out its duties under this section, the Health
Division is not authorized to require any changes in ventilation
or barriers in any public place { + or place of employment + }.
However, nothing in this subsection is intended to limit the
authority of the division to impose any requirements under any
other provision of law.
' (3) In public places { - which - } { + and places of
employment that + } the Health Division regularly inspects, the
Health Division shall check for compliance with the provisions of
ORS 433.835 to 433.875 and 433.990 (5). In other public
places { + and places of employment + }, the Health Division
shall respond in writing or orally by telephone to complaints,
notifying the { + employer, + } proprietor or person in charge
of { + the + } responsibilities of the { + employer, + }
proprietor or person in charge under ORS 433.835 to 433.875 and
433.990 (5). If repeated complaints are received, the Health
Division may take appropriate action to { - insure - }
{ + ensure + } compliance.
' (4) When a county has received delegation of the duties and
responsibilities under ORS 446.425, 448.100 and 624.510, or
contracted with the Health Division under ORS 190.110, the county
shall be responsible for enforcing the provisions of ORS 433.835
to 433.875 and 433.990 (5) that are applicable to those licensed
facilities and shall have the same authority as the Health
Division for such enforcement.
' { + SECTION 7. + } ORS 433.990 is amended to read:
' 433.990. (1) Violation of ORS 433.004 or 433.008, 433.255,
433.260 or 433.715 is a Class A misdemeanor.
' (2) Violation of ORS 433.010 is punishable, upon conviction,
by imprisonment in the custody of the Department of Corrections
for not more than three years.
' (3) Violation of ORS 603.059 is a Class D violation. If the
nuisance is not removed within five days after the first offense,
it is considered a second offense and every like neglect of each
succeeding five days thereafter is considered an additional
offense.
' (4) Violation of ORS 433.035 is punishable upon conviction by
a fine of not less than $10 nor more than $100, or by
imprisonment for not less than 10 days nor more than 30 days, or
by both.
' (5) Violation of ORS 433.850 { - (2) or (4) - } is a Class
D violation punishable by fines totaling not more than
{ - $100 - } { + $50 per day, not to exceed $1,000 + } in any
30-day period.
' (6) Violation of ORS 433.345 or 433.365 or failure to obey
any lawful order of the Assistant Director for Health issued
under ORS 433.350 is a misdemeanor.
' (7) Any organizer, as defined in ORS 433.735, violating ORS
433.745 is punishable, upon conviction, by a fine of not more
than $10,000.
' { + SECTION 8. + } { + Sections 9 and 10 of this 2001 Act
are added to and made a part of ORS 433.835 to 433.875. + }
' { + SECTION 9. + } { + The following areas are not subject
to the smoking restrictions contained in ORS 433.835 to 433.875:
' (1) Rented motel or hotel rooms designated as smoking rooms
by the owners of the establishment renting the rooms;
' (2) Private rooms rented for an occupancy that exceeds one
month that are not located in a private residence used as a child
care facility as defined in ORS 657A.250, facility providing
adult day care as defined in ORS 410.490 or health facility as
defined in ORS 442.015;
' (3) Stand-alone cocktail lounges or taverns as defined in ORS
433.835;
' (4) Bingo operations licensed pursuant to ORS 464.270;
' (5) Race courses as defined in ORS 462.010;
' (6) Retail tobacco stores;
' (7) Truck stops; or
' (8) Employee lounges designated by an employer for smoking
if:
' (a) The lounge is not accessible to minors;
' (b) The air in the lounge is exhausted directly to the
outside by an exhaust fan and not recirculated to other parts of
the building;
' (c) The lounge is in compliance with ventilation standards
established by rule by the Health Division;
' (d) There are sufficient nonsmoking employee lounges to
accommodate nonsmokers; and
' (e) The lounge is located in a nonwork area where no employee
is required to enter as part of the employee's work
responsibilities. For purposes of this paragraph, 'work
responsibilities' does not include custodial or maintenance work
carried out in a lounge when it is unoccupied. + }
' { + SECTION 10. + } { + (1) A political subdivision of the
state may not enact or enforce any charter provision, ordinance,
resolution or policy relating to the regulation of smoking.
' (2) Subsection (1) of this section does not apply to a
charter provision, ordinance, resolution or policy passed by a
political subdivision on or before July 1, 2001. + } ' .
/sPeter Courtney
Senator
/sLee Beyer
Senator
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