AN ACT Relating to smoking; adding a new chapter to Title 70 RCW; providing an effective date; and declaring an emergency.

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. 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. 3. (1) Smoking is not allowed in individual work areas, common areas, or public access areas in any state-owned or leased building or space throughout the state except as provided in this section.

(2) An agency shall provide separately enclosed smoking accommodations ventilated to the outside in facilities under the following circumstances:

(a) Employees at the facility request smoking accommodations;

(b) No employee at the location suffers adverse effects from provision of a smoking area;

(d) A smoking area can be provided within existing space allocations;

(e) No other accommodations for smokers exist within the location;

(f) The smoking area has been certified by the department of labor and industries as being of proper construction and ventilated to the outside;

(g) The decision is made based on discussion in a state-wide labor-management meeting.

(3) No private office may be used as a smoking area, regardless of whether the occupant smokes.

(4) Agency directors are responsible for the maintenance of this policy in their agencies.

(5) "No smoking" signs shall be conspicuously posted on all entrances to state buildings.

(6) Smoking materials and related supplies shall not be available or for sale within state-owned or leased space.

(7) A health promotion effort directed toward smoking prevention and cessation shall be implemented no later than September 1, 1989.

(8) Agency recruiting bulletins shall include a statement that the state does not allow smoking at individual work areas and other identified areas in the workplace.

(9) Job applicants shall be informed of the clean air policy during the interview. Applicants shall not be asked if they are smokers, nor will smokers be discriminated against in hiring.

(10) The living quarters of inmates at state-owned or leased correctional facilities, state-owned, leased or contracted for buildings which are residential facilities are exempt from this chapter.

NEW SECTION. Sec. 4. No person may smoke in a state-owned or leased motor vehicle that is part of a motor pool, except when that person is driving alone.

NEW SECTION. Sec. 5. (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. 6. This chapter shall be known as the State Buildings Smoking Pollution Control Act.

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.

NEW SECTION. Sec. 9. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1989.