AN ACT Relating to use of tobacco products; amending RCW 70.160.040 and 70.160.070; adding new sections to chapter 70.160 RCW; and prescribing penalties.

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

Sec. 1. 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.

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.

NEW SECTION. Sec. 2. A new section is added to chapter 70.160 RCW to read as follows:

No person may smoke or chew any tobacco product in a health care facility or an office, laboratory, clinic, hospital, children's day care facility, or nursing home licensed by the state, including those facilities serving as places of business for the following health care providers:

(1) Acupuncturists licensed under chapter 18.06 RCW;

(2) Podiatrists licensed under chapter 18.22 RCW;

(3) Chiropractors licensed under chapter 18.25 RCW;

(4) Dentists licensed under chapter 18.32 RCW;

(5) Dental hygienist licensed under chapter 18.29 RCW;

(6) Dispensing opticians licensed under chapter 18.34 RCW;

(7) Drugless healers licensed under chapter 18.36 RCW;

(8) Maternity homes licensed under chapter 18.46 RCW;

(9) Midwives licensed under chapter 18.50 RCW;

(10) Nursing homes licensed under chapter 18.51 RCW except for the residents of the home;

(11) Nursing home administrators licensed under chapter 18.52 RCW;

(12) Nursing home nursing assistants licensed under chapter 18.52A RCW;

(13) Optometrists licensed under chapter 18.53 RCW;

(14) Ocularists licensed under chapter 18.55 RCW;

(15) Osteopaths licensed under chapter 18.57 RCW;

(16) Osteopathic physicians' assistants licensed under chapter 18.57A RCW;

(17) Occupational therapists licensed under chapter 18.59 RCW;

(18) Pharmacists licensed under chapter 18.64 RCW;

(19) Pharmacy assistants licensed under chapter 18.64A RCW;

(20) Physicians licensed under chapter 18.71 RCW;

(21) Physicians' assistants licensed under chapter 18.71A RCW;

(22) Emergency medical technicians licensed under chapter 18.73 RCW;

(23) Physical therapists licensed under chapter 18.74 RCW;

(24) Practical nurses licensed under chapter 18.78 RCW;

(25) Psychologists licensed under chapter 18.83 RCW;

(26) Registered nurses licensed under chapter 18.88 RCW;

(27) Veterinarians licensed under chapter 18.92 RCW;

(28) Massage operators licensed under chapter 18.108 RCW; and

(29) Health care assistants licensed under chapter 18.135 RCW.

Sec. 3. Section 7, chapter 236, Laws of 1985 and RCW 70.160.070 are each amended to read as follows:

(1) Any person intentionally violating this chapter by smoking in a public place not designated as a smoking area or any person removing, defacing, or destroying a sign required by this chapter is subject to a civil fine of up to one hundred dollars. Local law enforcement agencies shall enforce this section by issuing a notice of infraction to be assessed in the same manner as traffic infractions. The provisions contained in chapter 46.63 RCW for the disposition of traffic infractions apply to the disposition of infractions for violation of this subsection except as follows:

(a) The provisions in chapter 46.63 RCW relating to the provision of records to the department of licensing in accordance with RCW 46.20.270 are not applicable to this chapter; and

(b) The provisions in chapter 46.63 RCW relating to the imposition of sanctions against a person's driver's license or vehicle license are not applicable to this chapter.

The form for the notice of infraction for a violation of this subsection shall be prescribed by rule of the supreme court.

(2) ((~~When~~)) Violations of RCW 70.160.040 ((or)), 70.160.050 ((~~occur, a warning shall first be given to the owner or other person in charge. Any subsequent violation is~~)), or section 2 of this act are subject to a civil fine of up to one hundred dollars. Each day upon which a violation occurs or is permitted to continue constitutes a separate violation.

(3) Local fire departments or fire districts shall enforce RCW 70.160.040 or 70.160.050 regarding the duties of owners or persons in control of public places, and local health departments shall enforce RCW 70.160.040 ((or)), 70.160.050, or section 2 of this act regarding the duties of owners of health care facilities or restaurants by either of the following actions:

(a) Serving notice requiring the correction of any violation; or

(b) Calling upon the city or town attorney or county prosecutor to maintain an action for an injunction to enforce RCW 70.160.040 ((~~and~~)), 70.160.050, and section 2 of this act, to correct a violation, and to assess and recover a civil penalty for the violation.

NEW SECTION. Sec. 4. A new section is added to chapter 70.160 RCW to read as follows:

(1) Residents of nursing homes are excluded from this chapter to the extent that nursing home administrators allow smoking in a resident's room or in a designated area.

(2) Patients in hospitals are excluded from this chapter to the extent that their physician and hospital administration allow smoking by the patient in a hospital room or a designated area.

NEW SECTION. Sec. 5. A new section is added to chapter 70.160 RCW to read as follows:

Violations of this chapter shall be punishable for the first six months after the effective date of this act by the issuance of warning tickets. After six months, any violation is subject to a civil penalty of up to $100.