HOUSE BILL REPORT

EHB 1836

BYRepresentatives Schoon, Rust, Winsley, Pruitt, G. Fisher, Doty, Dorn, Rasmussen, Brumsickle, Fraser, Youngsman, Walk and Valle

Revising restrictions for smoking in public places.

House Committe on Environmental Affairs

Majority Report:  Do pass with amendment.  (11)

      Signed by Representatives Rust, Chair; Valle, Vice Chair; D. Sommers, Ranking Republican Member; Brekke, G. Fisher, Fraser, Phillips, Pruitt, Schoon, Sprenkle and Walker.

House Staff:Bonnie Austin (786-7107)

AS PASSED HOUSE JANUARY 24, 1990

BACKGROUND:

The effects of tobacco smoke on non-smokers has become an issue of increasing concern over the past several years. Passive smoking refers to exposure to mainstream smoke (smoke that is inhaled by a smoker and then exhaled into the environment) and sidestream smoke (smoke from the burning end of a cigarette, cigar, or pipe).  Several studies have documented the harmful effects of passive smoking on non-smokers.

In 1985 the legislature enacted the Washington Clean Indoor Air Act (Act). The Act prohibits smoking in public places such as restaurants, except in designated areas, and requires owners to post signs designating smoking and nonsmoking areas.  Local health departments enforce these requirements as to restaurant owners.

Under current law, a restaurant may be designated as a smoking area in its entirety.  There is no requirement that restaurant managers accommodate non-smokers.

SUMMARY:

A restaurant serving 60 or more patrons may not be designated as a smoking area in its entirety.

Fiscal Note:      Requested February 13, 1989.

House Committee ‑ Testified For:    Paul Lovgren and Eldon Ball, Fresh Air for Non Smokers; Gary Goldbaum, M.D., Washington State Association of Local Public Health Officials.

House Committee - Testified Against:      Martin Durkan, Phillip Morris Company.

House Committee - Testimony For:    73 percent of Americans do not smoke.  Many people do not eat out because of smoke in restaurants.  This bill provides for flexibility while accommodating the wishes of non-smokers. Smaller establishments are exempt and may still be designated as smoking areas in their entirety.

House Committee - Testimony Against:      Market forces should determine whether restaurants have smoking areas.  The success or failure of a restaurant depends on pleasing the customer.  If a person does not like smoke, he or she does not have to patronize the restaurant.