71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HMRA to HB 3953
LC 4151/HB 3953-MR5
HOUSE MINORITY REPORT
AMENDMENTS TO
HOUSE BILL 3953
April 20
Speaker Simmons:
A minority of your Committee on Smart Growth and Commerce, to
whom was referred House Bill 3953, having had the same under
consideration, respectfully reports it back with the
recommendation that it do pass with the following amendments:
On page 1 of the printed bill, line 2, delete 'amending ORS
433.850; and repealing ORS 433.870.' and insert 'and amending ORS
433.835, 433.840, 433.845, 433.850, 433.855 and 433.990.'.
Delete lines 4 through 31 and delete page 2 and insert:
' { + 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. + } '
.
/sRichard Devlin
Representative
/sVicki Walker
Representative
/sAlan Bates
Representative
/sLaurie Monnes Anderson
Representative
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