74th OREGON LEGISLATIVE ASSEMBLY--2007 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 227
House Bill 2571
Sponsored by Representatives ROSENBAUM, TOMEI, Senators AVAKIAN,
BURDICK, MONROE; Representatives BARNHART, BONAMICI, BUCKLEY,
DINGFELDER, GALIZIO, GELSER, GREENLICK, HOLVEY, KOTEK, LIM,
MACPHERSON, MERKLEY, NATHANSON, NOLAN, RILEY, SHIELDS
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.
Expands prohibition of smoking in public places and places of
employment. Specifies certain exceptions. Increases fine for
permitting smoking in places of employment.
A BILL FOR AN ACT
Relating to smoking; amending ORS 433.835, 433.840, 433.845,
433.850, 433.855, 433.870 and 433.990; and repealing ORS
433.863 and 433.865.
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 - } { + three or more + }
sides by { - solid - } { + permanent or temporary + } 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, { + vehicles that are operated in
the course of an employer's business that are not operated
exclusively by one employee, + } rest rooms, conference rooms,
classrooms, cafeterias { + , + } { - and - } hallways { + ,
meeting rooms, elevators and stairways + }. 'Place of employment'
does not include a private residence unless it is used as a child
care facility as defined in ORS 657A.250 { - , - } { + or + }
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 433.840 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, - } { + exposure to secondhand smoke is known
to cause cancer and other chronic diseases such as heart disease,
asthma and bronchitis, + } it is necessary to reduce exposure to
tobacco smoke by
{ - requiring nonsmoking areas in certain - } { + prohibiting
smoking in all public + } places { + and places of
employment + }.
SECTION 3. ORS 433.845 is amended to read:
433.845. { + (1) + } { - No - } { + A + } person
{ - shall - } { + may not + } smoke or carry any lighted
smoking instrument in a public place { + or place of
employment + } except in areas designated as smoking areas
pursuant to ORS 433.850.
{ + (2) A person may not smoke or carry any lighted smoking
instrument within 10 feet of the following parts of public places
or places of employment:
(a) Entrances;
(b) Exits;
(c) Windows that open; and
(d) Ventilation intakes that serve an enclosed area.
(3) + } { - Smoking is prohibited - } { + A person may not
smoke + } { + or carry any lighted smoking instrument + } 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) { - 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 - } { + Notwithstanding + } 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 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. - }
{ + (a) The owner or person in charge of a hotel or motel may
designate up to 25 percent of the sleeping rooms of the hotel or
motel as rooms in which smoking is permitted.
(b) Smoking of noncommercial tobacco products for ceremonial
purposes is permitted in spaces designated for traditional
ceremonies in accordance with the American Indian Religious
Freedom Act, 42 U.S.C. 1996. + }
(3) An employer, except in those places described in subsection
(2) of this section, shall post { - appropriate - } signs
{ + that provide notice of the provisions of ORS 433.835 to
433.875 + }.
SECTION 5. ORS 433.855 is amended to read:
433.855. (1) The Department of Human Services, in accordance
with the provisions of ORS chapter 183:
(a) Shall adopt rules necessary to implement the provisions of
ORS 433.835 to 433.875 and 433.990 (4);
(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 (4) for each violation of a rule of the
department applicable to ORS { + 433.845 or + } 433.850, 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 - } { + Tobacco Use
Reduction Account established under ORS 431.832 + }.
(2) In carrying out its duties under this section, the
Department of Human Services 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 department to impose any
requirements under any other provision of law.
(3) In public places which the Department of Human Services
regularly inspects, the Department of Human Services shall check
for compliance with the provisions of ORS 433.835 to 433.875 and
433.990 (4). In other public places { + and places of
employment + }, the Department of Human Services 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 (4). If repeated complaints are received, the Department
of Human Services may take appropriate action to { - insure - }
{ + ensure + } compliance.
(4) When a county has received delegation of the duties and
responsibilities under ORS 446.425 and 448.100, or contracted
with the Department of Human Services under ORS 190.110, the
county shall be responsible for enforcing the provisions of ORS
433.835 to 433.875 and 433.990 (4) that are applicable to those
licensed facilities and shall have the same authority as the
Department of Human Services for such enforcement.
SECTION 6. ORS 433.870 is amended to read:
433.870. The { - regulations - } { + rules + } authorized
by ORS 433.855 { - , - } { + and + } 433.860 { - and
433.865 - } are in addition to and not in lieu of any other law
regulating smoking.
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 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 - } { + a fine
of + } not more than { - $50 - } { + $500 + } per day
{ - , - } { + . Fines imposed + } { + against a single
employer under this subsection may + } not { - to - } exceed
{ - $1,000 - } { + $2,000 + } 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.
SECTION 8. { + ORS 433.863 and 433.865 are repealed. + }
----------