5993-S AMS BENT S2267.1

SSB 5993 - S AMD 069

By Senator Benton

                                              NOT ADOPTED 03/12/01

    Beginning on page 2, line 26, strike all of sections 3 and 4 and insert the following:

    "Sec. 3.  RCW 70.160.040 and 1985 c 236 s 4 are each amended to read as follows:

    (1) A smoking area may be designated in a public place by the owner or, in the case of a leased or rented space, by the lessee or other person in charge except in:

    (a) Elevators; buses, except for private hire; streetcars; taxis, except those clearly and visibly designated by the owner to permit smoking; public areas of retail stores and lobbies of financial institutions; office reception areas and waiting rooms of any building owned or leased by the state of Washington or by any city, county, or other municipality in the state of Washington; museums; public meetings or hearings; classrooms and lecture halls of schools, colleges, and universities; and the seating areas and aisle ways which are contiguous to seating areas of concert halls, theaters, auditoriums, exhibition halls, and indoor sports arenas; and

    (b) Hallways of health care facilities, with the exception of nursing homes, and lobbies of concert halls, theaters, auditoriums, exhibition halls, and indoor sports arenas, if the area is not physically separated.  Owners or other persons in charge are not required to incur any expense to make structural or other physical modifications in providing these areas.

    Except as provided in other provisions of this chapter, no public place, other than a bar, tavern, ((bowling alley)) card room or enhanced card room, tobacco shop, lounge or lounge area, or ((restaurant)) any other area where persons under eighteen years of age are not permitted to enter or remain and such designation is conspicuously posted at all entrances, private hire buses, and taxis that are clearly and visibly designated by the owner to permit smoking, may be designated as a smoking area in its entirety.  If a bar, tavern, card room or enhanced card room, tobacco shop, lounge or lounge area, or ((restaurant)) other area where persons under eighteen years of age are not permitted to enter or remain is designated as a smoking area in its entirety, this designation shall be posted conspicuously ((on)) at all entrances normally used by the public.

    (2) Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in adjacent nonsmoking areas.

    (3) ((Managers of restaurants who choose to provide smoking areas shall designate an adequate amount of seating to meet the demands of restaurant patrons who wish to smoke.))  Owners of restaurants are not required to incur any expense to make structural or other physical modifications in providing these areas.  ((Restaurant patrons shall be informed that separate smoking and nonsmoking sections are available.))

    (4)(a) Restricting smoking in the workplace shall include provisions permitting employer policies as authorized in this subsection.

(b) An employer's policy restricting smoking in the workplace must include a provision for a designated enclosed smoking room if a smoking room policy is included in a collective bargaining agreement applicable to the workplace or, if no collective bargaining agreement applies, the employees of the employer agree to a written smoking room policy.  The designated smoking room is deemed to meet any ventilation requirements of this chapter if it is ventilated as required by the American society of heating, refrigerating, and air conditioning engineers, inc. standard 62-1989.

(c) The written smoking room policy must be kept on file by the employer and made available to employees on request.

(d) This subsection does not apply to a workplace if a statute expressly prohibiting indoor smoking applies to that workplace.

(e) This subsection may not be construed to require any employer to provide a smoking room.

(5) Except as otherwise provided in this chapter, a facility or area may be designated in its entirety as a nonsmoking area by the owner or other person in charge."

    Renumber the following section consecutively and correct any internal references accordingly.

SSB 5993 - S AMD 069

By Senator Benton

                                              NOT ADOPTED 03/12/01

    On page 1, line 5 of the title, after "70.160.040;" strike "creating a new section;"

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