Signed by Governor Mark Parkinson

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that prohibits smoking in public places beginning January 2, 2010.

Highlights:

-Prohibits smoking in places including, but not limited to, the following (Secs. 3 & 7):

-Public places; -Taxicabs and limousines; -Restrooms, lobbies, hallways and other common areas in public and private buildings, condominiums and other multiple-residential facilities; -Restrooms, lobbies and other common areas in hotels and motels and in at least 80 percent of the sleeping quarters within a hotel or motel that may be rented to guests; -Access points of all buildings and facilities; -Any place of employment; and -Any room, enclosed area or other enclosed space of a facility or facilities of a day care home during a time when children who are not related by blood, marriage or legal adoption to the person who maintains the home are being cared for.

-Requires each employer having a place of employment that is an enclosed area to provide a smoke-free workplace for all employees (Sec. 3). -Authorizes the proprietor of an adult care or long-term medical facility to establish a designated smoking area where smoking is allowed (Sec. 3). -Exempts the following from the smoking ban (Sec. 3):

-The outdoor areas of any building or facility beyond the access points of such building or facility; -Private homes or residences, except when such home or residence is used as a day care home; -A hotel or motel room rented to one or more guests if the total percentage of such hotel or motel rooms in such hotel or motel does not exceed 20 percent; -The gaming floor of a lottery gaming facility or racetrack gaming facility; -That portion of an adult care home that is expressly designated as a smoking area by the proprietor or other person in charge of such adult care home and that is fully enclosed and ventilated; -That portion of a licensed long-term care unit of a medical care facility that is expressly designated as a smoking area by the proprietor or other person in charge of such medical care facility and that is fully enclosed and ventilated and to which access is restricted to the residents and their guests; -Tobacco shops; -A members-only club which held a liquor license as of January 1, 2009 and notifies the Secretary of Health and Environment in writing, not later than 90 days after the effective date of this act, that it wishes to continue to allow smoking on its premises; and -A private club in designated areas where minors are prohibited.

-Requires the person in charge of a public place to post "No Smoking" signs (Sec. 4). -Classifies smoking by the person who controls a place where smoking is prohibited as unlawful (Sec. 5). -Establishes that people in violation of this act are guilty of a cigarette or tobacco infraction, punishable by the following fines (Sec. 5):

-Not exceeding $100 for the first violation; -Not exceeding $200 for a second violation within a one year period after the first violation; or -Not exceeding $500 for a third or subsequent violation within a one year period after the first violation.

-Authorizes the director of alcoholic beverage control to ensure that exemptions from the smoking ban are legitimate (Sec. 6). -Authorizes the secretary of health and environment to levy a civil fine not to exceed $500 against day care facilities for smoking violations (Sec. 7). -Classifies as unlawful selling cigarettes or tobacco products by means of a self-service display in any establishment, with the following exceptions (Sec. 10):

-The installation and use by the proprietor of the establishment, or by the proprietor's agents or employees, of vending machines behind a counter, or in some place in such establishment, or portion thereof, to which minors are prohibited by law from having access; -The installation and use of a vending machine in a commercial building or industrial plant, or portions thereof, where the public is not customarily admitted and where machines are intended for the sole use of adult employees employed in the building or plant; -A vending machine which has a lock-out device which is inoperable in the continuous standby mode and which requires manual activation by the person supervising the operation of the machine each time cigarettes or tobacco products are purchased from the machine; or -A self-service display that is located in a tobacco specialty store.

Full Bill Text