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 2246
 
                         Senate Bill 419
 
Sponsored by Senator GORDLY
 
 
                             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.
 
  Extends prohibition on smoking in public places and places of
employment to include all restaurants, bars and taverns.
 
                        A BILL FOR AN ACT
Relating to smoking; amending ORS 433.835 and 433.850.
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.
  (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,  { + bars, taverns, + } 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.
    { - (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) - }  { +  (b) + } 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) - }  { +  (c) + } Bowling centers.
    { - (f) - }   { + (d) + } Rooms designated by the owner or
person in charge of a hotel or motel as rooms in which smoking is
permitted.
    { - (g) - }  { +  (e) + } 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) An employer, except in those places described in subsection
(2) of this section, shall post appropriate signs.
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