Bill Number: OK51RHB 1322 Filed: 01-18-2007
Author: Auffet
STATE OF OKLAHOMA
1 1st Session of the 51st Legislature (2007)
2 HOUSE BILL 1322 By: Auffet
3 AS INTRODUCED
4 An Act relating to smoking; amending 21 O.S. 2001,
5 Section 1247, as last amended by Section 1, Senate
6 Joint Resolution No. 21, O.S.L. 2003 (21 O.S. Supp.
7 2006, Section 1247), which relates to smoking in
8 public areas; modifying restrictions on smoking in
9 public areas; and providing an effective date.
10 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
11 SECTION 1. AMENDATORY 21 O.S. 2001, Section 1247, as
12 last amended by Section 1, Senate Joint Resolution No. 21, O.S.L.
13 2003 (21 O.S. Supp. 2006, Section 1247), is amended to read as
14 follows:
15 Section 1247. A. The possession of lighted tobacco in any
16 form is a public nuisance and dangerous to public health and is
17 hereby prohibited when such possession is in any indoor place used
18 by or open to the public, public transportation, or any indoor
19 workplace, except where specifically allowed by law.
20 As used in this section, indoor workplace means any indoor
21 place of employment or employment-type service for or at the request
22 of another individual or individuals, or any public or private
23 entity, whether part-time or full-time and whether for compensation
24 or not. Such services shall include, without limitation, any
1
1 service performed by an owner, employee, independent contractor,
2 agent, partner, proprietor, manager, officer, director, apprentice,
3 trainee, associate, servant or volunteer. An indoor workplace
4 includes work areas, employee lounges, restrooms, conference rooms,
5 classrooms, employee cafeterias, hallways, any other spaces used or
6 visited by employees, and all space between a floor and ceiling that
7 is predominantly or totally enclosed by walls or windows, regardless
8 of doors, doorways, open or closed windows, stairways, or the like.
9 The provisions of this section shall apply to such indoor workplace
10 at any given time, whether or not work is being performed.
11 B. All buildings, or portions thereof, owned or operated by
12 this state shall be designated as nonsmoking; provided, however,
13 each building may have one designated smoking room. As used in this
14 paragraph, buildings shall not include up to twenty-five percent
15 (25%) of any hotel or motel rooms rented to guests if the rooms are
16 properly ventilated so that smoke is not circulated to nonsmoking
17 areas.
18 C. All buildings, or portions thereof, owned or operated by a
19 county or municipal government, at the discretion of the county or
20 municipal governing body, may be designated as entirely nonsmoking
21 or may be designated as nonsmoking with one designated smoking room.
22 D. A smoking room as provided for in subsections B and C of
23 this section:
24 1. Shall not be used for the conduct of public business;
25 2. Shall be in a location which is fully enclosed, directly
26 exhausted to the outside, under negative air pressure so smoke
27 cannot escape when a door is opened, and no air is recirculated to
2
1 nonsmoking areas of the building. No smoking exhaust shall be
2 located within twenty-five (25) feet of any entrance, exit or air
3 intake; and
4 3. Shall be verified for compliance with the provisions of
5 this subsection by the Department of Central Services for state
6 buildings, by a county entity designated by the board of county
7 commissioners for county buildings, or by a municipal entity
8 designated by the municipal governing body for municipal buildings.
9 E. No smoking shall be allowed within twenty-five (25) feet
10 of the entrance or exit of any building specified in subsection B or
11 C of this section.
12 F. [The] Except as otherwise provided in this section, the
13 restrictions provided in this section shall not apply to stand-alone
14 bars, stand-alone taverns and cigar bars as defined in Section 1-
15 1522 of Title 63 of the Oklahoma Statutes, or restaurants in which
16 smoking is allowed in the entire enclosed indoor space. Restaurants
17 provided for in this subsection shall post unobstructed signs at
18 each entrance to the building notifying patrons of the smoking
19 status. Signs shall be at least four (4) inches by two (2) inches
20 in size indicating that smoking or tobacco consumption is allowed in
21 the entire establishment.
22 G. The restrictions provided in this section shall not
23 apply to the following:
24 1. The room or rooms where licensed charitable bingo games
25 are being operated, but only during the hours of operation of such
26 games;
27 2. Up to twenty-five percent (25%) of the guest rooms at a
3
1 hotel or other lodging establishment;
2 3. Retail tobacco stores predominantly engaged in the sale of
3 tobacco products and accessories and in which the sale of other
4 products is merely incidental and in which no food or beverage is
5 sold or served for consumption on the premises;
6 4. Workplaces where only the owner or operator of the
7 workplace, or the immediate family of the owner or operator,
8 performs any work in the workplace, and the workplace has only
9 incidental public access. Incidental public access means that a
10 place of business has only an occasional person, who is not an
11 employee, present at the business to transact business or make a
12 delivery. It does not include businesses that depend on walk-in
13 customers for any part of their business;
14 5. Workplaces occupied exclusively by one or more smokers, if
15 the workplace has only incidental public access;
16 6. Private offices occupied exclusively by one or more
17 smokers;
18 7. Workplaces within private residences, except that smoking
19 shall not be allowed inside any private residence that is used as a
20 licensed child care facility during hours of operation;
21 8. Medical research or treatment centers, if smoking is
22 integral to the research or treatment;
23 9. A facility operated by a post or organization of past or
24 present members of the Armed Forces of the United States which is
25 exempt from taxation pursuant to Sections 501 (c)(8), 501 (c)(10) or
26 501 (c)(19) of the Internal Revenue Code, 26 U.S.C., Sections 501
27 (c)(8), 501 (c)(10) or 501 (c)(19), when such facility is utilized
4
1 exclusively by its members and their families and for the conduct of
2 post or organization nonprofit operations except during an event or
3 activity which is open to the public; and
4 10. Any outdoor seating area of a restaurant; provided,
5 smoking shall not be allowed within fifteen (15) feet of any
6 exterior public doorway or any air intake of a restaurant.
7 H. An employer not otherwise restricted from doing so may
8 elect to provide smoking rooms where no work is performed except for
9 cleaning and maintenance during the time the room is not in use for
10 smoking, provided each smoking room is fully enclosed and exhausted
11 directly to the outside in such a manner that no smoke can drift or
12 circulate into a nonsmoking area. No exhaust from a smoking room
13 shall be located within fifteen (15) feet of any entrance, exit or
14 air intake.
15 I. If smoking is to be permitted in any space exempted in
16 subsections F or G of this section or in a smoking room pursuant to
17 subsection H of this section, such smoking space must either occupy
18 the entire enclosed indoor space or, if it shares the enclosed space
19 with any nonsmoking areas, the smoking space shall be fully
20 enclosed, exhausted directly to the outside with no air from the
21 smoking space circulated to any nonsmoking area, and under negative
22 air pressure so that no smoke can drift or circulate into a
23 nonsmoking area when a door to an adjacent nonsmoking area is
24 opened. Air from a smoking room shall not be exhausted within
25 fifteen (15) feet of any entrance, exit or air intake. Any employer
26 may choose a more restrictive smoking policy, including being
27 totally smoke free.
5
1 J. [Notwithstanding any other provision of this section,
2 until March 1, 2006, restaurants may have designated smoking and
3 nonsmoking areas or may be designated as being a totally nonsmoking
4 area. Beginning March 1, 2006] Except as provided in subsection F
5 of this section, restaurants shall be totally nonsmoking or may
6 provide nonsmoking areas and designated smoking rooms. Food and
7 beverage may be served in such designated smoking rooms which shall
8 be in a location which is fully enclosed, directly exhausted to the
9 outside, under negative air pressure so smoke cannot escape when a
10 door is opened, and no air is recirculated to nonsmoking areas of
11 the building. No exhaust from such room shall be located within
12 twenty-five (25) feet of any entrance, exit or air intake. Such
13 room shall be subject to verification for compliance with the
14 provisions of this subsection by the State Department of Health.
15 K. The person who owns or operates a place where smoking or
16 tobacco use is prohibited by law shall be responsible for posting a
17 sign or decal, at least four (4) inches by two (2) inches in size,
18 at each entrance to the building indicating that the place is smoke-
19 free or tobacco-free.
20 L. Responsibility for posting signs or decals shall be as
21 follows:
22 1. In privately owned facilities, the owner or lessee, if a
23 lessee is in possession of the facilities, shall be responsible;
24 2. In corporately owned facilities, the manager and/or
25 supervisor of the facility involved shall be responsible; and
26 3. In publicly owned facilities, the manager and/or
27 supervisor of the facility shall be responsible.
6
1 M. Any person who knowingly violates this act is guilty of a
2 misdemeanor, and upon conviction thereof, shall be punished by a
3 fine of not less than Ten Dollars ($10.00) nor more than One Hundred
4 Dollars ($100.00).
5 SECTION 2. This act shall become effective November 1, 2007.
6 51-1-5163 SAB 01/07/07
7 Page 1
8 Req. No. 5163
7