71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1393
B-Engrossed
House Bill 2828
Ordered by the Senate July 5
Including House Amendments dated May 30 and Senate Amendments
dated July 5
Sponsored by COMMITTEE ON SMART GROWTH AND COMMERCE
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Directs President of Senate and Speaker of House of
Representatives to designate joint interim legislative committee
to complete, before commencement of Seventy-second Legislative
Assembly, study on options available for distribution and
expenditure of payments made under Master Settlement
Agreement. - }
{ + Requires employers to provide place of employment that is
free of tobacco smoke. Provides exceptions for certain areas.
Provides that local government may not prohibit smoking in
exception areas. Provides exception for local government
prohibitions passed before July 1, 2001. Modifies fine structure
for violation. Increases maximum total amount of fines in any
30-day period from $100 to $1,000. + }
A BILL FOR AN ACT
Relating to tobacco; creating new provisions; and amending ORS
433.835, 433.850, 433.855, 433.870 and 433.990.
Be It Enacted by the People of the State of Oregon:
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 or passageways, that extend from the floor to
the ceiling, including all space therein screened by partitions
that do not extend 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.
SECTION 2. 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 subsection (2) of this section,
an employer shall provide a place of employment that is free of
tobacco smoke for all employees.
(2) The following areas are not subject to the smoking
restrictions in subsection (1) of this section:
(a) Retail businesses primarily engaged in the sale of tobacco
or tobacco products.
(b) Restaurants posted as off-limits to minors or areas of
restaurants posted as off-limits to minors under rules adopted by
the Oregon Liquor Control Commission.
(c) Bars or taverns posted as off-limits to minors under rules
adopted by the Oregon Liquor Control Commission.
(d) Rooms or halls being used by a charitable, fraternal or
religious organization to conduct bingo games under a license
issued pursuant to ORS 464.270.
(e) Bowling centers.
(f) Rooms designated by the owner or person in charge of a
hotel or motel as rooms in which smoking is permitted.
(g) 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) 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; and
(E) There are sufficient nonsmoking lounges to accommodate
nonsmokers. + }
{ - (4) - } { + (3) + } { - The proprietor or person in
charge of a public place - } { + An employer + }, except
{ + in those + } places described in subsection (2) of this
section, shall post appropriate signs.
SECTION 3. { + Section 4 of this 2001 Act is added to and made
a part of ORS 433.835 to 433.875. + }
SECTION 4. { + (1) A local government may not prohibit smoking
in any areas listed in ORS 433.850 (2) unless the local
government prohibition was passed before July 1, 2001.
(2) As used in this section, 'local government' means any
county, district, municipality, port or political subdivision of
this state. + }
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. 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 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, the Health Division shall respond in writing or
orally by telephone to complaints, notifying the proprietor or
person in charge of responsibilities of the 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 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.
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