H-3369              _______________________________________________

                                                   HOUSE BILL NO. 1375

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives Appelwick, Brough and Unsoeld

Prefiled with Chief Clerk 1/10/86.  Read first time 1/13/86 and referred to Committee on Environmental Affairs.

AN ACT Relating to smoking in court rooms and jury facilities; and amending RCW 70.160.020 and 70.160.040.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 2, chapter 236, Laws of 1985 and RCW 70.160.020 are each amended to read as follows:

          As used in this chapter, the following terms have the meanings indicated unless the context clearly indicates otherwise.

          (1) "Smoke" or "smoking" means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment.

          (2) "Public place" means that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Washington, or other public entity, and regardless of whether a fee is charged for admission.

          Public places include, but are not limited to:  Elevators, public conveyances or transportation facilities, museums, concert halls, theaters, auditoriums, exhibition halls, indoor sports arenas, hospitals, nursing homes, health care facilities or clinics, enclosed shopping centers, retail stores, retail service establishments, financial institutions, educational facilities, ticket areas, courtrooms, facilities for jurors, public hearing facilities, state legislative chambers and immediately adjacent hallways, public restrooms, libraries, restaurants, waiting areas, lobbies, and reception areas.  A public place does not include a private residence.  This chapter is not intended to restrict smoking in private facilities which are occasionally open to the public except upon the occasions when the facility is open to the public.

          (3) "Restaurant" means any building, structure, or area used, maintained, or advertised as, or held out to the public to be, an enclosure where meals are made available to be consumed on the premises, for consideration of payment.

        Sec. 2.  Section 4, chapter 236, Laws of 1985 and RCW 70.160.040 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; and

(c) Courtrooms and facilities for jurors:  PROVIDED, That a separate room may be set aside for jurors to use for smoking while not engaged in official duties.

          Except as provided in other provisions of this chapter, no public place, other than a bar, tavern, bowling alley, tobacco shop, or restaurant,  may be designated as a smoking area in its entirety.  If a bar, tobacco shop, or restaurant is designated as a smoking area in its entirety, this designation shall be posted conspicuously on 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) 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.