STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 485	By:	Crain

AS INTRODUCED

An Act relating to smoking in public places; amending 63 O.S. 2001, Section 1-1522, as amended by Section 3, Senate Joint Resolution No. 21, p. 2357, O.S.L. 2003 (63 O.S. Supp. 2010, Section 1-1522), which relates to the Smoking in Public Places and Indoor Workplaces Act; clarifying reference; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     63 O.S. 2001, Section 1-1522, as amended by Section 3, Senate Joint Resolution No. 21, p. 2357, O.S.L. 2003 (63 O.S. Supp. 2010, Section 1-1522), is amended to read as follows:
Section 1-1522.  As used in ~~this act~~ the Smoking in Public Places and Indoor Workplaces Act:
1.  “Educational facility” means a building owned, leased or under the control of a public or private school system, college or university;
2.  “Health facility” means an entity which provides health services, including, but not limited to, hospitals, nursing homes, long-term care facilities, kidney disease treatment centers, health maintenance organizations and ambulatory treatment centers;
3.  “Indoor workplace” means any indoor place of employment or employment-type service for or at the request of another individual or individuals, or any public or private entity, whether part-time or full-time and whether for compensation or not.  Such services shall include, without limitation, any service performed by an owner, employee, independent contractor, agent, partner, proprietor, manager, officer, director, apprentice, trainee, associate, servant or volunteer.  An indoor workplace includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees, and all space between a floor and ceiling that is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, open or closed windows, stairways, or the like.  The provisions of this section shall apply to such indoor workplace at any given time, whether or not work is being performed;
4.  “Meeting” means a meeting as defined in the Oklahoma Open Meeting Act;
5.  “Public body” means a public body as defined in the Oklahoma Open Meeting Act;
6.  “Public place” means any enclosed indoor area where individuals other than employees are invited or permitted;
7.  “Restaurant” means any eating establishment regardless of seating capacity;
8.  “Smoking” means the carrying by a person of a lighted cigar, cigarette, pipe or other lighted smoking device; and
9.  “Stand-alone bar”, “stand-alone tavern”, and “cigar bar” mean an establishment that derives more than sixty percent (60%) of its gross receipts, subject to verification by competent authority, from the sale of alcoholic beverages and low-point beer and no person under twenty-one (21) years of age is admitted, except for members of a musical band employed or hired as provided in paragraph 2 of subsection B of Section 537 of Title 37 of the Oklahoma Statutes and that is not located within, and does not share any common entryway or common indoor area with, any other enclosed indoor workplace, including a restaurant.
SECTION 2.  This act shall become effective November 1, 2011.

53-1-1295	JM	1/18/2011 4:35:14 PM