SENATE BILL REPORT

SB 5791

As of January 19, 2004

Title: An act relating to prohibiting smoking in public places.

Brief Description: Prohibiting smoking in public places.

Sponsors: Senators McAuliffe, Oke, Fairley, Shin, Thibaudeau and Kohl-Welles.

Brief History:

Committee Activity: Health & Long-Term Care: 3/5/03; 1/22/04.

SENATE COMMITTEE ON HEALTH & LONG-TERM CARE

Staff: Rhoda Donkin (786-7198)

Background: State law prohibits smoking in public places, except in designated smoking areas. The law describes public places as that portion of any building or vehicle used by or open to the public, regardless of who owns it and whether or not a fee is charged for entry.

The law further describes certain places that may not have designated smoking areas such as elevators, buses, museums, classrooms, seating areas, aisles in concert halls, theaters, and indoor sports arenas.

Statute also specifically allows bars, restaurants, taverns, bowling alleys, and tobacco shops to be smoking areas in their entirety.

The Washington Industrial Safety and Health Act (WISHA) regulates tobacco smoke in office settings. Smoking is prohibited under WISHA in all office work sites except in specifically designated smoking rooms. Company cafeterias, meeting rooms, and other ancillary office work sites must be smoke free.

Other state regulation prohibits smoking in all licensed day care centers.

Summary of Bill: Designated smoking areas in public places are prohibited. This includes restaurants, bars, taverns and bowling alleys where smoking, and smoking areas are prohibited.

Maximum civil penalties for violations of smoking prohibitions by owners of public places are raised from $100 per violation to $500 after two violations.

Cities, towns and counties may adopt more stringent ordinances to further restrict smoking in public places.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: Ninety days after adjournment of session in which bill is passed.