STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 491	By:	Simpson

AS INTRODUCED

An Act relating to smoking public places; amending 21 O.S. 2011, Section 1247, as amended by Section 90, Chapter 304, O.S.L. 2012 (21 O.S. Supp. 2012, Section 1247), which relates to smoking in certain public areas; including certain private residences in statewide smoking ban; prohibiting smoking on all property belonging to political subdivisions; deleting authority for smoking rooms; providing exemptions for certain scientific facilities; amending 63 O.S. 2011, Section 1-1522, which relates to definitions; deleting certain definitions; amending 63 O.S. 2011, Section 1-1523, as amended by Section 2, Chapter 30, O.S.L. 2012 (63 O.S. Supp. 2012, Section 1-1523), which relates to exemptions from prohibitions on smoking; removing exemption for certain facilities; deleting authority for designated smoking areas outside of buildings; providing exemption to certain scientific facilities; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     21 O.S. 2011, Section 1247, as amended by Section 90, Chapter 304, O.S.L. 2012 (21 O.S. Supp. 2012, Section 1247), is amended to read as follows:
Section 1247.  A.  The possession of lighted tobacco in any form is a public nuisance and dangerous to public health and is hereby prohibited when such possession is in any indoor place used by or open to the public, all parts of a zoo to which the public may be admitted, whether indoors or outdoors, public transportation, or any indoor workplace, except where specifically allowed by law.
As used in this section, "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 and shall include private residences that are used as a licensed child care facility during hours of operation.  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.
B.  All buildings, or portions thereof, owned or operated by this state shall be designated as nonsmoking; provided, however, each building may have one designated smoking room.  As used in this paragraph, "buildings" shall not include up to twenty-five percent (25%) of any hotel or motel rooms rented to guests if the rooms are properly ventilated so that smoke is not circulated to nonsmoking areas.
C.  All buildings, or portions thereof, owned or operated by a county or municipal government, at the discretion of the county or municipal governing body, may shall be designated as entirely nonsmoking or may be designated as nonsmoking with one designated smoking room.
D.  All buildings, or portions thereof, owned by an educational facility as is defined in the Smoking in Public Places and Indoor Workplaces Act shall be designated as nonsmoking as provided for in Section 1-1523 of Title 63 of the Oklahoma Statutes.  All campuses, buildings and grounds, or portions thereof, owned or operated by an institution within The Oklahoma State System of Higher Education may shall be designated as tobacco free, including smoking or smokeless tobacco, by the institution upon adoption of a policy stating the tobacco restrictions for the institution and an intent to enforce the penalty for violations as set forth in subsection N H of this section. Nothing in this section shall be construed to prohibit smoking in an indoor building or facility which is authorized by a person, organization, or other entity that conducts medical or scientific research on tobacco products if the research is conducted in an enclosed space not open to the public, in a laboratory facility at an accredited college or university or in a professional testing laboratory as determined by the State Department of Health.
E.  A smoking room as provided for in subsections B and C of this section:
1.  Shall not be used for the conduct of public business;
2.  Shall be in a location which is fully enclosed, directly exhausted to the outside, under negative air pressure so smoke cannot escape when a door is opened, and no air is recirculated to nonsmoking areas of the building.  No smoking exhaust shall be located within twenty-five (25) feet of any entrance, exit or air intake; and
3.  Shall be verified for compliance with the provisions of this subsection by the Office of Management and Enterprise Services for state buildings, by a county entity designated by the board of county commissioners for county buildings, or by a municipal entity designated by the municipal governing body for municipal buildings.
F.  No smoking shall be allowed within twenty-five (25) feet of the entrance or exit of any building specified in subsection B, C or D of this section or within fifteen (15) feet of any exterior public doorway to a restaurant or any air intake of a restaurant.
G.  The restrictions provided in this section shall not apply to stand-alone bars, stand-alone taverns and cigar bars as defined in Section 1-1522 of Title 63 of the Oklahoma Statutes.
H.  The restrictions provided in this section shall not apply to the following:
1.  The room or rooms where licensed charitable bingo games are being operated, but only during the hours of operation of such games;
2.  Up to twenty-five percent (25%) of the guest rooms at a hotel or other lodging establishment;
3.  Retail tobacco stores predominantly engaged in the sale of tobacco products and accessories and in which the sale of other products is merely incidental and in which no food or beverage is sold or served for consumption on the premises;
4.  Workplaces where only the owner or operator of the workplace, or the immediate family of the owner or operator, performs any work in the workplace, and the workplace has only incidental public access.  "Incidental public access" means that a place of business has only an occasional person, who is not an employee, present at the business to transact business or make a delivery.  It does not include businesses that depend on walk-in customers for any part of their business;
5.  Workplaces occupied exclusively by one or more smokers, if the workplace has only incidental public access;
6.  Private offices occupied exclusively by one or more smokers;
7.  Workplaces within private residences, except that smoking shall not be allowed inside any private residence that is used as a licensed child care facility during hours of operation;
8.  Medical research or treatment centers, if smoking is integral to the research or treatment;
9.  A facility operated by a post or organization of past or present members of the Armed Forces of the United States which is exempt from taxation pursuant to Section 501(c)(8), 501(c)(10) or 501(c)(19) of the Internal Revenue Code, 26 U.S.C., Section 501(c)(8), 501(c)(10) or 501(c)(19), when such facility is utilized exclusively by its members and their families and for the conduct of post or organization nonprofit operations except during an event or activity which is open to the public; and
10.  Any outdoor seating area of a restaurant; provided, smoking shall not be allowed within fifteen (15) feet of any exterior public doorway or any air intake of a restaurant.
I.  An employer not otherwise restricted from doing so may elect to provide smoking rooms where no work is performed except for cleaning and maintenance during the time the room is not in use for smoking, provided each smoking room is fully enclosed and exhausted directly to the outside in such a manner that no smoke can drift or circulate into a nonsmoking area.  No exhaust from a smoking room shall be located within fifteen (15) feet of any entrance, exit or air intake.
J.  If smoking is to be permitted in any space exempted in subsection G or H of this section or in a smoking room pursuant to subsection I of this section, such smoking space must either occupy the entire enclosed indoor space or, if it shares the enclosed space with any nonsmoking areas, the smoking space shall be fully enclosed, exhausted directly to the outside with no air from the smoking space circulated to any nonsmoking area, and under negative air pressure so that no smoke can drift or circulate into a nonsmoking area when a door to an adjacent nonsmoking area is opened.  Air from a smoking room shall not be exhausted within fifteen (15) feet of any entrance, exit or air intake.  Any employer may choose a more restrictive smoking policy, including being totally smoke free.
K.  Notwithstanding any other provision of this section, until March 1, 2006, restaurants may have designated smoking and nonsmoking areas or may be designated as being a totally nonsmoking area.  Beginning March 1, 2006, restaurants shall be totally nonsmoking or may provide nonsmoking areas and designated smoking rooms.  Food and beverage may be served in such designated smoking rooms which shall be in a location which is fully enclosed, directly exhausted to the outside, under negative air pressure so smoke cannot escape when a door is opened, and no air is recirculated to nonsmoking areas of the building.  No exhaust from such room shall be located within twenty-five (25) feet of any entrance, exit or air intake.  Such room shall be subject to verification for compliance with the provisions of this subsection by the State Department of Health.
L. F.  The person who owns or operates a place where smoking or tobacco use is prohibited by law shall be responsible for posting a sign or decal, at least four (4) inches by two (2) inches in size, at each entrance to the building indicating that the place is smoke-free or tobacco-free.
M. G. Responsibility for posting signs or decals shall be as follows:
1.  In privately owned facilities, the owner or lessee, if a lessee is in possession of the facilities, shall be responsible;
2.  In corporately owned facilities, the manager and/or supervisor of the facility involved shall be responsible; and
3.  In publicly owned facilities, the manager and/or supervisor of the facility shall be responsible.
N. H.  Any person who knowingly violates this act is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00).
SECTION 2.     AMENDATORY     63 O.S. 2011, 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. 3.  "Meeting" means a meeting as defined in the Oklahoma Open Meeting Act;
5. 4.  "Public body" means a public body as defined in the Oklahoma Open Meeting Act;
6. 5.  "Public place" means any enclosed indoor area where individuals other than employees are invited or permitted; and
7.  "Restaurant" means any eating establishment regardless of seating capacity;
8. 6.  "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 3.     AMENDATORY     63 O.S. 2011, Section 1-1523, as amended by Section 2, Chapter 30, O.S.L. 2012 (63 O.S. Supp. 2012, Section 1-1523), is amended to read as follows:
Section 1-1523.  A.  Except as specifically provided in the Smoking in Public Places and Indoor Workplaces Act, no No person shall smoke in a public place, in any part of a zoo to which the public may be admitted, whether indoors or outdoors, in an indoor workplace, in any vehicle providing public transportation, at a meeting of a public body, in a nursing facility licensed pursuant to the Nursing Home Care Act, or in a child care facility licensed pursuant to the Oklahoma Child Care Facilities Licensing Act.  A nursing facility licensed pursuant to the Nursing Home Care Act may designate smoking rooms for residents and their guests.  Such rooms shall be fully enclosed, directly exhausted to the outside, and shall be under negative air pressure so that no smoke can escape when a door is opened and no air is recirculated to nonsmoking areas of the building.  Commercial airport operators may prohibit the use of lighted tobacco in any area that is open to or used by the public whether located indoors or outdoors, provided that the outdoor area is within one hundred seventy-five (175) feet from an entrance.
B.  1.  Except as otherwise provided in paragraph 2 of this subsection, an An educational facility which offers an early childhood education program or in which children in grades kindergarten through twelve are educated shall prohibit smoking, the use of snuff, chewing tobacco or any other form of tobacco product in the buildings and on the grounds of the facility by all persons including, but not limited to, full-time, part-time, and contract employees, during the hours of 7:00 a.m. to 4:00 p.m., during the school session, or when class or any program established for students is in session.
2.  Career and technology centers may designate smoking areas outside of buildings, away from general traffic areas and completely out of sight of children under eighteen (18) years of age, for use by adults attending training courses, sessions, meetings or seminars.
3.  An educational facility may designate smoking areas outside the buildings for the use of adults during certain activities or functions, including, but not limited to, athletic contests.
C.  Nothing in this section shall be construed to prohibit educational facilities from having more restrictive policies regarding smoking and the use of other tobacco products in the buildings or on the grounds of the facility; provided, however, nothing in this section shall be construed to prohibit smoking in an indoor building or facility which is authorized by a person, organization, or other entity that conducts medical or scientific research on tobacco products if the research is conducted in an enclosed space not open to the public, in a laboratory facility at an accredited college or university, or in a professional testing laboratory as determined by the State Department of Health.
D.  A private residence is not a "public place" within the meaning of the Smoking in Public Places and Indoor Workplaces Act except that areas in a private residence that are used as a licensed child care facility during hours of operation are "public places" within the meaning of the Smoking in Public Places and Indoor Workplaces Act.
E.  Smoking is prohibited in all vehicles owned by the State of Oklahoma and all of its agencies and instrumentalities.
F.  An employer not otherwise restricted from doing so may elect to provide smoking rooms where no work is performed except for cleaning and maintenance during the time the room is not in use for smoking, provided each smoking room is fully enclosed and exhausted directly to the outside, in such manner that no smoke can drift or circulate into a nonsmoking area.  No exhaust from a smoking room shall be located within fifteen (15) feet of any entrance, exit or air intake.  If smoking is to be permitted in any space exempted in subsection G of this section or in a smoking room pursuant to subsection H of this section, such smoking space must either occupy the entire enclosed indoor space or, if it shares the enclosed space with any nonsmoking areas, the smoking space shall be fully enclosed, exhausted directly to the outside with no air from the smoking space circulated to any nonsmoking area, and under negative air pressure so that no smoke can drift or circulate into a nonsmoking area when a door to an adjacent nonsmoking area is opened.  Air from a smoking room shall not be exhausted within fifteen (15) feet of any entrance, exit or air intake.
G.  The Smoking in Public Places and Indoor Workplaces Act shall not prohibit smoking in:
1.  Stand-alone bars, stand-alone taverns or cigar bars;
2.  The room or rooms where licensed charitable bingo games are being operated, but only during the hours of operation of such games;
3.  Up to twenty-five percent (25%) of the guest rooms at a hotel or other lodging establishment;
4.  Retail tobacco stores predominantly engaged in the sale of tobacco products and accessories and in which the sale of other products is merely incidental and in which no food or beverage is sold or served for consumption on the premises;
5.  Workplaces where only the owner or operator of the workplace, or the immediate family of the owner or operator, performs any work in the workplace, and the workplace has only incidental public access;
6.  Workplaces occupied exclusively by one or more smokers, if the workplace has only incidental public access.  "Incidental public access" means that a place of business has only an occasional person, who is not an employee, present at the business to transact business or make a delivery.  It does not include businesses that depend on walk-in customers for any part of their business;
7.  Private offices occupied exclusively by one or more smokers;
8.  Workplaces within private residences, except that smoking shall not be allowed inside any private residence that is used as a licensed child care facility during hours of operation;
9.  A facility operated by a post or organization of past or present members of the Armed Forces of the United States which is exempt from taxation pursuant to Sections 501 (c)(8), 501 (c)(10) or 501 (c)(19) of the Internal Revenue Code, 26 U.S.C., Section 501 (c)(8), 501 (c)(10) or 501 (c)(19), when such facility is utilized exclusively by its members and their families and for the conduct of post or organization nonprofit operations except during an event or activity which is open to the public;
10.  Any outdoor seating area of a restaurant; provided, smoking shall not be allowed within fifteen (15) feet of any exterior public doorway or any air intake of a restaurant; and
11.  Medical research or treatment centers, if smoking is integral to the research or treatment.
H.  Notwithstanding any other provision of the Smoking in Public Places and Indoor Workplaces Act, until March 1, 2006, restaurants may have designated smoking and nonsmoking areas or may be designated as being a totally nonsmoking area.  Beginning March 1, 2006, restaurants shall be totally nonsmoking or may provide nonsmoking areas and designated smoking rooms.  Food and beverage may be served in such designated smoking rooms which shall be in a location which is fully enclosed, directly exhausted to the outside, under negative air pressure so smoke cannot escape when a door is opened, and no air is recirculated to nonsmoking areas of the building.  No exhaust from such room shall be located within twenty-five (25) feet of any entrance, exit or air intake.  Such room shall be subject to verification for compliance with the provisions of this subsection by the State Department of Health.
SECTION 4.  This act shall become effective November 1, 2013.

54-1-851	JAM	1/15/2013 4:13:30 PM