AN ACT Relating to smoking; adding a new chapter to Title 70 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. (1) No person may smoke in any portion of a state owned or leased building that is occupied by state employees, except as provided in this chapter.

(2) This chapter applies to all employees of the executive, judicial, and legislative branches of state government.

NEW SECTION. Sec. 2. This chapter shall be known as the State Buildings Smoking Pollution Control Act.

NEW SECTION. Sec. 3. (1) Because the smoking of tobacco or any other weed or plant is a danger to health and is a cause of material annoyance and discomfort to those who are present in confined places, the legislature declares that the purposes of this chapter are (a) to protect the public health and welfare by regulating smoking in state agencies and (b) to minimize the toxic effects of smoking in the workplace by requiring state agencies to adopt a policy that will accommodate, insofar as possible, the preferences of nonsmokers and smokers and, if a satisfactory accommodation cannot be reached, to prohibit smoking in the workplace.

(2) This chapter is not intended to create any right to smoke or to impair or alter a state agency's prerogative to prohibit smoking in the workplace. Rather, if a state agency allows employees to smoke in the workplace, then this chapter requires (a) that the agency make accommodations for the preferences of both nonsmoking and smoking employees, and (b) if a satisfactory accommodation to all affected nonsmoking employees cannot be reached, that the agency prohibit smoking in the workplace.

NEW SECTION. Sec. 4. Unless the context clearly requires to the contrary, the definitions in this section apply throughout this chapter:

(1) "Agency" means any agency or commission of the state government.

(2) "Employee" means any person who is employed by any state agency in consideration for direct or indirect monetary wages or profit.

(3) "Workplace" means any enclosed area of a structure or portion thereof intended for occupancy.

(4) "Smoking" or "to smoke" means and includes inhaling, exhaling, burning, or carrying any lighted smoking equipment for tobacco or any other weed or plant.

(5) "Enclosed" means closed-in by a roof and four walls with appropriate openings for ingress and egress and is not intended to mean areas commonly described as public lobbies.

NEW SECTION. Sec. 5. (1) Each state agency that operates a workplace in this state shall within three months of the effective date of this act adopt, implement, and maintain, pursuant to chapter 34.04 RCW, a written smoking policy that contains, at a minimum, the following provisions and requirements:

(a) Any nonsmoking employee may object to the agency about smoke in the workplace. Using already available means of ventilation or separation or partition of space, the agency shall attempt to reach a reasonable accommodation, insofar as possible, between the preferences of nonsmoking and smoking employees. However, an agency is not required by this chapter to make any expenditures or structural changes to accommodate the preferences of nonsmoking or smoking employees.

(b) If an accommodation that is satisfactory to all affected nonsmoking employees cannot be reached in any given workplace, the preferences of nonsmoking employees shall prevail and the agency shall prohibit smoking in that workplace. If the agency prohibits smoking in a workplace, the area in which smoking is prohibited shall be clearly marked with signs.

(2) The smoking policy shall be announced within three weeks of adoption to all employees working in workplaces in the state and posted conspicuously in all workplaces under the agency's jurisdiction.

NEW SECTION. Sec. 6. (1) It is unlawful for an agency to discharge or in any manner discriminate against any employee who exercises his or her rights under this chapter if the dominant intent of the agency is retaliation against the employee for exercising those rights.

(2) In undertaking the enforcement of this chapter, the state is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that the breach proximately caused injury.

NEW SECTION. Sec. 7. Sections 1 through 6 of this act shall constitute a new chapter in Title 70 RCW.

NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.