74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2612
 
                         Senate Bill 488
 
Sponsored by COMMITTEE ON JUDICIARY (at the request of Michael
  Kesten)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Prohibits smoking within 75 feet of entrance to public place.
 
                        A BILL FOR AN ACT
Relating to smoking; amending ORS 433.845 and 433.850.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 433.845 is amended to read:
  433.845.   { - No person shall - }  { +  A person may not + }
smoke or carry any lighted smoking instrument in a public
place { + , or within 75 feet of the entrance to a public
place, + } except in areas designated as smoking areas pursuant
to ORS 433.850. Smoking is prohibited in a room during the time
that jurors are required to use the room.
  SECTION 2. ORS 433.850 is amended to read:
  433.850. (1) Except as provided in subsection (2) of this
section, an employer shall provide a place of employment that is
free of tobacco smoke for all employees.
  (2) The following areas are not subject to the smoking
restrictions in subsection (1) of this section:
  (a) Retail businesses primarily engaged in the sale of tobacco
or tobacco products.
  (b) Restaurants posted as off-limits to minors or areas of
restaurants posted as off-limits to minors under rules adopted by
the Oregon Liquor Control Commission.
  (c) Bars or taverns posted as off-limits to minors under rules
adopted by the Oregon Liquor Control Commission.
  (d) Rooms or halls being used by a charitable, fraternal or
religious organization to conduct bingo games under a license
issued pursuant to ORS 464.270.
  (e) Bowling centers.
  (f) Rooms designated by the owner or person in charge of a
hotel or motel as rooms in which smoking is permitted.
  (g) Employee lounges designated by an employer for smoking if:
  (A) The lounge is not accessible to minors;
  (B) The air in the lounge is exhausted directly to the outside
by an exhaust fan and not recirculated to other parts of the
building;
  (C) The lounge is in compliance with ventilation standards
established by rule by the Department of Human Services;
  (D) The lounge is located in a nonwork area where no employee
is required to enter as part of the employee's work
responsibilities. For purposes of this paragraph, 'work
responsibilities' does not include custodial or maintenance work
carried out in a lounge when it is unoccupied; and
  (E) There are sufficient nonsmoking lounges to accommodate
nonsmokers.
  (3) An employer, except in those places described in subsection
(2) of this section, shall post appropriate signs.
   { +  (4) An employer may not designate an area for smoking
under subsection (2) of this section if the area is within 75
feet of an entrance to a public place. + }
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