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 4151
Minority Report
A-Engrossed
House Bill 3953
Ordered by the House April 20
Including House Minority Report Amendments dated April 20
Sponsored by nonconcurring members of the House Committee on
Smart Growth and Commerce: Representatives DEVLIN, V WALKER,
BATES, MONNES ANDERSON
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.
{ - Prohibits local governments from enacting smoking
ordinances that are more restrictive than state law. Prohibits
smoking in restaurants except in areas posted off-limits to
minors. - }
{ + Prohibits smoking in place of employment except in
breakroom designated as smoking area that meets specified
requirements. Defines place of employment. Requires proprietor
or person in charge of public place to ensure that public place
is free of tobacco smoke. Provides exceptions. Requires employer
to provide place of employment that is free of tobacco smoke.
Provides exceptions. Requires specified signage. Permits local
governments to ban smoking in areas where smoking is not
prohibited by statute. + }
A BILL FOR AN ACT
Relating to smoking; creating new provisions; and amending ORS
433.835, 433.840, 433.845, 433.850, 433.855 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) '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, an adult day care
facility or a health care facility. + }
{ - (1) - } { + (2) + } '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) - } { + (3) + } 'Smoking instrument' means any
cigar, cigarette, pipe or other smoking equipment.
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, 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 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 - } { + sections 7 and 8 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. - } { + Except
as provided in section 7 of this 2001 Act, a proprietor or person
in charge of a public place shall ensure that the public place is
free of tobacco smoke. + }
(2) { - No public place may be designated in its entirety as
a smoking area except: - } { + Except as provided in sections 7
and 8 of this 2001 Act, an employer shall provide a place of
employment free of tobacco smoke for all employees. + }
{ - (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. - }
{ - (4) - } { + (3) + } The proprietor or person in charge
of a public place, except places described in { - subsection
(2) of this section - } { + section 7 of this 2001 Act + },
{ + 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 433.855 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 { + and places of employment + } 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 { + 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 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 6. 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 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 7. { + A proprietor or person in charge of a public
place may designate as smoking areas:
(1) Cocktail lounges and taverns;
(2) Rooms or halls being used for private social functions
where the seating arrangements are under the control of the
sponsor of the function;
(3) Retail businesses primarily engaged in the sale of tobacco
or tobacco products;
(4) Motel or hotel sleeping rooms designated by the owner of
the facility as rooms in which smoking is permitted;
(5) Bingo operations licensed pursuant to ORS 464.270;
(6) Race courses as defined in ORS 462.010; and
(7) Open air patios or decks of restaurants. + }
SECTION 8. { + An employer may designate breakrooms for
employees as smoking areas if:
(1) The breakroom is fully enclosed and air from the breakroom
is vented directly to the outside by an exhaust fan and not
recirculated to other parts of the building;
(2) The breakroom is in compliance with ventilation standards
established by the Health Division by rule;
(3) The breakroom is located in a nonwork area where employees
are not required to enter by reason of work responsibilities
except for custodial or maintenance work carried out in the
breakroom when it is unoccupied;
(4) There are sufficient nonsmoking breakrooms to accommodate
nonsmokers; and
(5) Minors are prohibited from entering the smoking
breakroom. + }
SECTION 9. { + Nothing in ORS 433.835 to 433.875 shall prevent
a local government from banning smoking in areas in which smoking
is not otherwise prohibited by ORS 433.835 to 433.875. + }
SECTION 10. { + Sections 7, 8 and 9 of this 2001 Act are added
to and made a part of ORS 433.835 to 433.875. + }
----------