73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 2100
 
                         House Bill 2836
 
Sponsored by Representative TOMEI; Representatives AVAKIAN,
  BARNHART, BOONE, GALIZIO, GREENLICK, HANSEN, HASS, KOMP, MARCH,
  ROSENBAUM
 
 
                             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 as
introduced.
 
  Modifies provisions of Oregon Indoor Clean Air Act by
clarifying definitions and exceptions. Requires employer to
provide smoke-free hotel or motel room to traveling employee if
requested. Increases fine for certain violations.
 
                        A BILL FOR AN ACT
Relating to smoking in places of employment; amending ORS
  433.835, 433.850 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 { + ,
vehicles and hotel or motel rooms provided to employees during
work-related travel + }.  ' 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.
  (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, retail stores, banks, commercial establishments,
educational facilities, nursing homes, auditoriums, arenas,
meeting rooms and grocery stores.
  (4) 'Smoking instrument' means any cigar, cigarette, pipe or
other smoking equipment.
  SECTION 2. ORS 433.850 is amended to read:
  433.850. (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 { +  if tobacco or tobacco products are
consumed primarily for sampling purposes and at least 85 percent
of the total sales of the business are from tobacco or tobacco
products + }.
  (b) Restaurants posted as off-limits to minors or
 { + enclosed + } 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 Department of Human Services;
  (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.
   { +  (3) Notwithstanding subsection (2)(f) of this section, an
employer must provide a hotel or motel room that is free of
tobacco smoke for an employee engaged in work-related travel if
requested to do so by the employee. + }
    { - (3) - }   { + (4) + } An employer, except in those places
described in subsection (2) of this section, shall post
appropriate signs.
  SECTION 3. 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 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.
  (4) Violation of ORS 433.850 is a Class   { - D - }   { + A + }
violation punishable by fines totaling not more than
 { - $50 - }   { + $500 + } per day, not to exceed $1,000 in any
30-day period.
  (5) Violation of ORS 433.345 or 433.365 is a Class B violation.
Failure to obey any lawful order of the Director of Human
Services issued under ORS 433.350 is a Class C misdemeanor.
  (6) 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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