PRIOR PRINTER'S NO. 1806 PRINTER'S NO. 4173
No. 1489 Session of 2005
INTRODUCED BY CORNELL, MUNDY, SATHER, MUSTIO, CURRY, WALKO,
LEACH, MARSICO, FREEMAN, PISTELLA, THOMAS, REICHLEY, GERBER,
RUBLEY, SAYLOR, PHILLIPS, KILLION, McILHATTAN, SAMUELSON AND
E. Z. TAYLOR, MAY 2, 2005
AS AMENDED, COMMITTEE ON HEALTH AND HUMAN SERVICES, HOUSE OF
REPRESENTATIVES, JUNE 6, 2006
AN ACT
1 Amending the act of April 27, 1927 (P.L.465, No.299), entitled, <--
2 as amended, "An act to provide for the safety of persons
3 employed, housed, or assembled in certain buildings and
4 structures by requiring certain construction and ways of
5 egress, equipment, and maintenance; providing for the
6 licensing of projectionists, except in cities of the first
7 class and second class; requiring the submission of plans for
8 examination and approval; providing for the promulgation of
9 rules and regulations for the enforcement of this act;
10 providing for the enforcement of this act by the Department
11 of Labor and Industry, the Department of Health, boards of
12 school directors and, in certain cases, by the chiefs of fire
13 departments in cities of the third class; providing penalties
14 for violations of the provisions of this act; and repealing
15 certain acts," expanding the list of public places wherein
16 smoking is prohibited; further providing for smoking in
17 restaurants and in the workplace; and providing penalties.
18 The General Assembly finds as follows:
19 (1) The Environmental Protection Agency has recently
20 classified second-hand tobacco smoke as a Class A carcinogen,
21 a classification reserved for the most lethal environmental
22 hazards, such as asbestos, benzene, formaldehyde and radon.
23 (2) Second-hand smoke contains over 4,000 chemicals. Of
24 those chemicals, 200 are poisons and 43 cause cancer.
1 (3) Research indicates that 50% of all cancers are
2 tobacco related.
3 (4) Smoking causes disease in nearly every organ of the
4 body and is linked to leukemia and cancers of the cervix,
5 kidney, pancreas and stomach.
6 (5) Second-hand smoke causes close to 54,000 deaths
7 annually in the United States.
8 (6) Second-hand smoke is especially harmful to young
9 children. Three hundred thousand children who have been
10 exposed to second-hand smoke have increased frequency of
11 lower respiratory infections such as pneumonia, bronchitis
12 and bronchiolitis, resulting in up to 15,000 hospitalizations
13 per year for children under 18 months of age.
14 (7) Second-hand smoke causes middle ear infections in
15 children, the most common cause of childhood operations and
16 of childhood hearing loss.
17 (8) Children who breathe second-hand smoke are more
18 likely to develop asthma. Children who have asthma and
19 breathe second-hand smoke have more asthma attacks.
20 (9) Compared to 75% of white collar workers, only 43% of
21 the 6.6 million food preparation and service workers are
22 covered by smoke free policies.
23 (10) Fewer than 13% of bartenders and 28% of waitstaff
24 are employed in a smoke free workplace.
25 (11) Studies indicate that a smoke free environment does
26 not harm business and may have a positive impact on business.
27 ESTABLISHING THE CLEAN INDOOR AIR ACT; IMPOSING DUTIES UPON THE <--
28 DEPARTMENT OF HEALTH; IMPOSING PENALTIES; AND MAKING A
29 RELATED REPEAL.
30 The General Assembly of the Commonwealth of Pennsylvania
31 hereby enacts as follows:
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1 Section 1. Section 10.1 of the act of April 27, 1927 <--
2 (P.L.465, No.299), referred to as the Fire and Panic Act, added
3 December 21, 1988 (P.L.1315, No.168), is amended to read:
4 Section 10.1. Clean Indoor Air.--(a) The purpose of this
5 section is to protect the public health [and to provide for the
6 comfort of all parties by regulating and controlling smoking in
7 certain public places and at public meetings and in certain
8 workplaces.], the comfort of all parties and the environment by
9 prohibiting smoking in public places, public meetings and
10 workplaces, except in designated smoking areas as provided for
11 in this section.
12 (b) As used in this section, the following words and phrases
13 shall have the meanings given to them in this subsection:
14 ["Bar areas" means those areas which are devoted to the
15 serving of alcoholic beverages for consumption by guests on the
16 premises and in which the serving of food is only incidental to
17 the consumption of such beverages.]
18 "Department" means the Department of Health of the
19 Commonwealth.
20 "Public meetings" [means] include, but are not limited to,
21 all meetings open to the public pursuant to the act of July 3,
22 1986 (P.L.388, No.84), known as the "Sunshine Act."
23 "Public place" means either of the following:
24 (1) An [enclosed,] indoor area owned, leased or operated by
25 a State or local governmental agency and used by the general
26 public or serving as a place of work for public employes or a
27 meeting place for a public body, including, but not limited to,
28 an office, educational facility, health facility, auditorium,
29 arena, meeting room, exhibition hall, restroom, waiting area,
30 hallway, lobby, rotunda or public conveyance.
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1 (2) An [enclosed,] indoor area which is not owned or
2 operated by a State or local governmental agency, and which is
3 used by the general public [and which is], including, but not
4 limited to, any of the following:
5 (i) A workplace.
6 (ii) An educational facility.
7 (iii) A health facility.
8 (iv) An auditorium.
9 (v) An arena.
10 (vi) A theater.
11 (vii) A museum.
12 (viii) A restaurant.
13 (ix) A concert hall.
14 (x) Any other facility during the period of its use for a
15 performance or exhibit of the arts.
16 (xi) A commercial establishment.
17 (xii) A retail store.
18 (xiii) A service line.
19 (xiv) A grocery store.
20 (xv) A bingo hall.
21 (xvi) A waiting room or area.
22 (xvii) A hallway.
23 (xviii) A polling place.
24 (xix) A restroom.
25 (xx) A sports arena.
26 (xxi) A convention hall.
27 (xxii) An elevator.
28 (xxiii) Public transit.
29 (xxiv) A public food assistance program and facility.
30 (xxv) A shopping mall.
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1 (xxvi) A public meeting not covered by the "Sunshine Act."
2 (xxvii) A rotunda or lobby.
3 (xxviii) An exhibition hall.
4 (xxix) A bar or tavern.
5 "Restaurant" means any eating establishment which offers food
6 for sale to the public.
7 "Service line" means any line at which one or more persons
8 are waiting for or receiving service of any kind, whether or not
9 such service involves the exchange of money.
10 "Smoking" means the carrying by a person of a lighted cigar,
11 cigarette, pipe or other lighted smoking device.
12 "Smoking area" means a separately enclosed and separately
13 ventilated room of a building:
14 (1) in which air from the room is exhausted directly outside
15 and not recirculated within the building or mixed with the
16 general diluted ventilation for the building; and
17 (2) which has a slight negative pressure to ensure airflow
18 into the room rather than back into the airspace of the rest of
19 the building.
20 "Sports arena" means a sports stadium, sports pavilion,
21 exhibition hall, gymnasium, health spa, boxing arena, swimming
22 pool, roller or ice rink, bowling alley or other similar place
23 where members of the general public assemble either to engage in
24 physical exercise, participate in athletic competition or
25 witness sports events.
26 "Tobacco shop" means any business establishment the main
27 purpose of which is the sale of tobacco products including
28 cigars, pipe tobacco and tobacco accessories.
29 "Workplace" means an [enclosed,] indoor area serving as a
30 place of employment, occupation, business, trade, craft [or],
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1 profession or volunteer activity.
2 (c) No person shall smoke in [an area designated nonsmoking
3 by the proprietor or person in charge in a public place or at a
4 public meeting] a public place, public meeting or at the
5 workplace, except that the proprietor, person in charge or
6 employer may designate smoking areas that meet the requirements
7 of this section.
8 (d) The following places shall be exempt from this section:
9 (1) Private social functions where the area utilized is
10 under the control of the sponsor and not the proprietor, except
11 areas owned, leased or operated by a State or local governmental
12 agency.
13 [(2) Factories, warehouses and similar places of work not
14 frequented by the general public.
15 (3) Restaurants seating fewer than seventy-five (75)
16 persons.
17 (4) Bar areas in a liquor licensee establishment.
18 (5) Areas in public places commonly referred to as lobbies
19 and hallways.
20 (6) Hotel and motel rooms.
21 (7) Retail stores, the primary business of which is the sale
22 of tobacco or tobacco-related products.]
23 (2) Private residences, except a private residence that is
24 licensed as a child-care facility.
25 (3) A tobacco shop.
26 (d.1) Any owner, operator, manager or other person who
27 controls any establishment or facility described under
28 subsection (d) may declare that entire establishment or facility
29 nonsmoking.
30 (e) The [regulation] prohibition of smoking in all
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1 restaurants [with seventy-five (75) or more seats] shall be
2 governed by the following:
3 (1) [Restaurants shall provide for their patrons smoking and
4 nonsmoking areas reasonably calculated to address the needs of
5 their clientele, the size of which may be increased or
6 decreased, by the proprietor or person in charge, according to
7 need.] The premises of all restaurants shall be totally
8 nonsmoking, except that the proprietors or persons in charge
9 thereof may designate smoking areas that meet the requirements
10 of this section.
11 (2) Restaurants shall [make reasonable efforts to] prevent
12 smoking [in the designated nonsmoking section] by:
13 (i) [Posting] Removing all ashtrays and posting appropriate
14 signs which are readily visible. The color, size and placement
15 of the signs shall be left to the discretion of the proprietor
16 or person in charge in keeping with the decor or aesthetics of
17 the establishment.
18 (ii) [Arranging seating so that smokers and nonsmokers are
19 placed in contiguous groupings.
20 (iii) Asking smokers to refrain from smoking in the
21 nonsmoking areas.] Asking persons to refrain from smoking while
22 on the premises.
23 [(f) The regulation of smoking in restaurants with fewer
24 than seventy-five (75) seats shall be left to the discretion of
25 the proprietor, provided that:
26 (1) Restaurants which choose not to provide a nonsmoking
27 area nor develop a no-smoking policy based upon customer
28 preference shall post notice of such lack of policy at each
29 entranceway.
30 (2) Restaurants which choose to provide a nonsmoking area
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1 shall develop a policy in accordance with subsection (e).]
2 (g) [Except as otherwise provided in this section,
3 employers] Employers shall develop, post [and], implement and
4 enforce a policy to [regulate] prohibit smoking in [the
5 workplace, provided that nothing in this section or any local
6 law, rule or regulation shall be construed as to impair or
7 diminish or otherwise affect any contractual agreement,
8 collective bargaining agreement, collective bargaining rights or
9 collective bargaining procedures] their workplaces, except that
10 the employers, through collective bargaining procedure, if
11 applicable, may designate smoking areas that meet the
12 requirements of this section. The employer shall provide a copy
13 of the policy to any employe upon request.
14 (g.1) No person or employer shall discharge, refuse to hire
15 or in any manner retaliate against any employe or applicant for
16 employment because the employe or applicant exercises any right
17 to a smoke-free environment required by this act.
18 [(h) No proprietor or person in charge of a public place who
19 establishes a policy or designates areas pursuant to this
20 section shall be subject to any action in any court by any party
21 other than the Department of Health or local board or department
22 of health under this section.
23 (i) A violation of this section shall be punishable by a
24 civil fine of not more than fifty dollars ($50.00).
25 (j) The Department of Health shall promulgate and adopt
26 rules and regulations as are necessary and reasonable to
27 implement the provisions of this section.]
28 (k) The Department of Health, a local board or department of
29 health or any affected party may institute an action in any
30 court with jurisdiction to enjoin violations of this section.
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1 (l) Any person or entity who violates this section commits a
2 summary offense and shall pay:
3 (1) A fine not exceeding one hundred ($100.00) for a first
4 violation.
5 (2) A fine not exceeding two hundred dollars ($200.00) for a
6 second violation of this section that occurs within one (1)
7 year.
8 (3) A fine not exceeding five hundred dollars ($500.00) for
9 each additional violation of this section that occurs within one
10 (1) year.
11 (m) The Department of Health shall promulgate and adopt
12 rules and regulations as are necessary and reasonable to
13 implement the provisions of this section. The department shall
14 also engage in a continuing program to explain and clarify the
15 purposes and requirements of this section to citizens affected
16 by it, and to guide owners, operators and managers in their
17 compliance with it. The programs may include publication of a
18 brochure for affected businesses and individuals explaining the
19 provisions of this act.
20 (n) In any dispute arising under this section, the authority
21 adjudicating the dispute shall construe the provisions of this
22 act in favor of the health concerns of persons who do not engage
23 in smoking, whose concerns shall represent the public interest.
24 (o) This section shall not be construed to restrict the
25 power of any political subdivision to adopt and enforce any rule
26 or ordinance which complies with at least the minimal applicable
27 standards set forth in this section.
28 Section 2. This act shall take effect in 60 days.
29 SECTION 1. SHORT TITLE. <--
30 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE CLEAN INDOOR
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1 AIR ACT.
2 SECTION 2. LEGISLATIVE FINDINGS AND PURPOSE.
3 (A) FINDINGS.--THE GENERAL ASSEMBLY FINDS AS FOLLOWS:
4 (1) THE USE OF TOBACCO PRODUCTS IS DANGEROUS NOT ONLY TO
5 THE PERSON SMOKING, BUT ALSO TO NONSMOKERS WHO MUST BREATHE
6 THE CONTAMINATED AIR.
7 (2) THE ENVIRONMENTAL PROTECTION AGENCY HAS CLASSIFIED
8 SECOND-HAND TOBACCO SMOKE AS A CLASS A CARCINOGEN, A
9 CLASSIFICATION RESERVED FOR THE MOST LETHAL ENVIRONMENTAL
10 HAZARDS, SUCH AS ASBESTOS, BENZENE, FORMALDEHYDE AND RADON.
11 (3) APPROXIMATELY 53,000 NONSMOKERS IN THE UNITED STATES
12 DIE ANNUALLY FROM LUNG AND HEART DISEASE DUE TO EXPOSURE TO
13 PASSIVE SMOKE.
14 (4) THREE HUNDRED THOUSAND CHILDREN EXPOSED TO TOBACCO
15 SMOKE HAVE INCREASED FREQUENCY OF LOWER RESPIRATORY
16 INFECTIONS, SUCH AS PNEUMONIA AND BRONCHITIS.
17 (5) TOBACCO SMOKE IS ALSO RESPONSIBLE FOR UP TO
18 1,000,000 ATTACKS OF ASTHMA, 8,000 TO 26,000 NEW CASES OF
19 ASTHMA AND SIGNIFICANT REDUCTION IN LUNG FUNCTION, AND CAUSES
20 SERIOUS MIDDLE EAR INFECTIONS AMONG CHILDREN EACH YEAR.
21 (B) PURPOSE.--BY ENACTMENT OF THIS LEGISLATION, THE GENERAL
22 ASSEMBLY INTENDS TO PROTECT THE PUBLIC HEALTH, THE COMFORT OF
23 ALL PERSONS AND THE ENVIRONMENT BY PROHIBITING SMOKING IN PUBLIC
24 PLACES AND WORKPLACES.
25 SECTION 3. DEFINITIONS.
26 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
27 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
28 CONTEXT CLEARLY INDICATES OTHERWISE:
29 "BAR" OR "TAVERN." A PLACE OF BUSINESS PRIMARILY DEVOTED TO
30 THE SERVING OF ALCOHOLIC BEVERAGES FOR CONSUMPTION BY GUESTS ON
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1 THE PREMISES, IN WHICH THE SERVING OF FOOD IS LESS THAN 30% OF
2 THE TOTAL BUSINESS. "BAR" OR "TAVERN" DOES NOT INCLUDE THE
3 DINING AREAS OF A RESTAURANT, REGARDLESS OF WHETHER ALCOHOLIC
4 BEVERAGES ARE SERVED THEREIN.
5 "DEPARTMENT." THE DEPARTMENT OF HEALTH OF THE COMMONWEALTH.
6 "PUBLIC MEETING." ANY MEETING OPEN TO THE PUBLIC INCLUDING
7 ANY MEETING OPEN TO THE PUBLIC PURSUANT TO 65 PA.C.S. CH. 7
8 (RELATING TO OPEN MEETINGS).
9 "PUBLIC PLACE." ANY ENCLOSED AREA TO WHICH THE PUBLIC IS
10 INVITED OR IN WHICH THE PUBLIC IS PERMITTED, INCLUDING ANY PLACE
11 LISTED IN SECTION 5 (RELATING TO PUBLIC PLACE).
12 "RESTAURANT." ANY EATING ESTABLISHMENT WHICH OFFERS FOOD FOR
13 SALE TO THE PUBLIC.
14 "SERVICE LINE." ANY LINE AT WHICH ONE OR MORE PERSONS ARE
15 WAITING FOR OR RECEIVING SERVICE OF ANY KIND, WHETHER OR NOT
16 SUCH SERVICE INVOLVES THE EXCHANGE OF MONEY.
17 "SMOKING." THE CARRYING BY A PERSON OF A LIGHTED CIGAR,
18 CIGARETTE, PIPE OR OTHER LIGHTED SMOKING DEVICE.
19 "SPORTS ARENA." A SPORTS STADIUM, SPORTS PAVILION,
20 EXHIBITION HALL, GYMNASIUM, HEALTH SPA, BOXING ARENA, SWIMMING
21 POOL, ROLLER OR ICE RINK, BOWLING ALLEY OR SIMILAR PLACE WHERE
22 MEMBERS OF THE GENERAL PUBLIC ASSEMBLE TO ENGAGE IN PHYSICAL
23 EXERCISE, PARTICIPATE IN ATHLETIC COMPETITION OR WITNESS SPORTS
24 EVENTS.
25 "TOBACCO SHOP." ANY BUSINESS ESTABLISHMENT THE MAIN PURPOSE
26 OF WHICH IS THE SALE OF TOBACCO PRODUCTS INCLUDING CIGARS, PIPE
27 TOBACCO AND SMOKING ACCESSORIES.
28 "WORKPLACE." AN INDOOR AREA SERVING AS A PLACE OF
29 EMPLOYMENT, OCCUPATION, BUSINESS, TRADE, CRAFT, PROFESSION OR
30 VOLUNTEER ACTIVITY.
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1 SECTION 4. PROHIBITION.
2 NO PERSON SHALL SMOKE IN A PUBLIC PLACE OR IN A WORKPLACE.
3 SECTION 5. PUBLIC PLACE.
4 THE FOLLOWING ENCLOSED AREAS ARE EXAMPLES OF PUBLIC PLACES:
5 (1) A PLACE IN WHICH A PUBLIC MEETING IS HELD.
6 (2) AN EDUCATIONAL FACILITY.
7 (3) A SCHOOL BUS.
8 (4) A HEALTH FACILITY.
9 (5) AN AUDITORIUM.
10 (6) AN ARENA.
11 (7) A THEATER.
12 (8) A MUSEUM.
13 (9) A RESTAURANT.
14 (10) A BAR OR TAVERN.
15 (11) A CONCERT HALL.
16 (12) A COMMERCIAL ESTABLISHMENT.
17 (13) A RETAIL STORE.
18 (14) A SERVICE LINE.
19 (15) A GROCERY STORE.
20 (16) A BINGO HALL.
21 (17) A WAITING ROOM OR AREA.
22 (18) A HALLWAY.
23 (19) A POLLING PLACE.
24 (20) A RESTROOM.
25 (21) A SPORTS ARENA.
26 (22) A CONVENTION HALL.
27 (23) AN ELEVATOR.
28 (24) PUBLIC TRANSIT.
29 (25) A PUBLIC FOOD ASSISTANCE PROGRAM AND FACILITY.
30 (26) A SHOPPING MALL.
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1 (27) AN EXHIBITION HALL.
2 (28) A ROTUNDA OR LOBBY.
3 SECTION 6. EXCEPTION.
4 (A) GENERAL RULE.--THIS ACT SHALL NOT APPLY TO THE FOLLOWING
5 PLACES:
6 (1) A PRIVATE RESIDENCE, EXCEPT FOR A PRIVATE RESIDENCE
7 LICENSED AS A CHILD-CARE FACILITY.
8 (2) A PRIVATE SOCIAL FUNCTION WHERE THE AREA UTILIZED IS
9 UNDER THE CONTROL OF THE SPONSOR AND NOT THE PROPRIETOR,
10 EXCEPT WHERE THE AREA UTILIZED IS OWNED, LEASED OR OPERATED
11 BY A STATE OR LOCAL GOVERNMENTAL AGENCY.
12 (3) A WHOLESALE OR RETAIL TOBACCO SHOP.
13 (4) ALL WORKPLACES OF ANY MANUFACTURER, IMPORTER OR
14 WHOLESALER OF TOBACCO PRODUCTS, OF ANY TOBACCO LEAF DEALER OR
15 PROCESSOR AND ALL TOBACCO STORAGE FACILITIES.
16 (B) OWNER DECLARATION.--ANY OWNER, OPERATOR, MANAGER OR
17 OTHER PERSON WHO CONTROLS ANY ESTABLISHMENT OR FACILITY
18 DESCRIBED UNDER SUBSCTION (A)(2) OR (3) MAY DECLARE THE ENTIRE
19 ESTABLISHMENT OR FACILITY NONSMOKING.
20 SECTION 7. RETALIATION PROHIBITED.
21 NO PERSON OR EMPLOYER SHALL DISCHARGE, REFUSE TO HIRE OR IN
22 ANY MANNER RETALIATE AGAINST ANY EMPLOYEE OR APPLICANT FOR
23 EMPLOYMENT BECAUSE THE EMPLOYEE OR APPLICANT EXERCISES ANY RIGHT
24 TO A SMOKE-FREE ENVIRONMENT REQUIRED BY THIS ACT.
25 SECTION 8. ENFORCEMENT.
26 THE DEPARTMENT OF HEALTH, A LOCAL BOARD OR DEPARTMENT OF
27 HEALTH OR ANY AFFECTED PARTY MAY INSTITUTE AN ACTION IN ANY
28 COURT WITH JURISDICTION TO ENJOIN A VIOLATION OF THE PROVISIONS
29 OF THIS ACT.
30 SECTION 9. PENALTY.
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1 ANY PERSON WHO SMOKES IN A PUBLIC PLACE OR IN A WORKPLACE OR
2 VIOLATES ANY OTHER PROVISION OF THIS ACT COMMITS A SUMMARY
3 OFFENSE AND SHALL PAY:
4 (1) A FINE NOT EXCEEDING $100 FOR A FIRST VIOLATION.
5 (2) A FINE NOT EXCEEDING $200 FOR A SECOND VIOLATION
6 THAT OCCURS WITHIN ONE YEAR.
7 (3) A FINE NOT EXCEEDING $500 FOR EACH ADDITIONAL
8 VIOLATION THAT OCCURS WITHIN ONE YEAR.
9 SECTION 10. RULES AND REGULATIONS.
10 THE DEPARTMENT OF HEALTH SHALL PROMULGATE AND ADOPT RULES AND
11 REGULATIONS AS ARE NECESSARY AND REASONABLE TO IMPLEMENT THE
12 PROVISIONS OF THIS ACT. THE DEPARTMENT SHALL ALSO ENGAGE IN A
13 CONTINUING PROGRAM TO EXPLAIN AND CLARIFY THE PURPOSES AND
14 REQUIREMENTS OF THIS ACT TO PERSONS AFFECTED BY IT AND TO GUIDE
15 OWNERS, OPERATORS AND MANAGERS IN THEIR COMPLIANCE WITH IT. THE
16 PROGRAMS MAY INCLUDE PUBLICATION OF A BROCHURE FOR AFFECTED
17 BUSINESSES AND INDIVIDUALS EXPLAINING THE PROVISIONS OF THIS
18 ACT.
19 SECTION 11. CONSTRUCTION.
20 IN ANY DISPUTE ARISING UNDER THE PROVISIONS OF THIS ACT, THE
21 AUTHORITY ADJUDICATING THE DISPUTE SHALL CONSTRUE THE PROVISIONS
22 OF THIS ACT IN FAVOR OF THE HEALTH CONCERNS OF PERSONS WHO DO
23 NOT ENGAGE IN SMOKING AND WHOSE CONCERNS SHALL REPRESENT THE
24 PUBLIC INTEREST.
25 SECTION 12. EFFECT ON LOCAL RULES AND ORDINANCES.
26 THIS ACT SHALL NOT BE CONSTRUED TO RESTRICT THE POWER OF ANY
27 POLITICAL SUBDIVISION TO ADOPT AND ENFORCE ANY RULE OR ORDINANCE
28 WHICH COMPLIES WITH AT LEAST THE MINIMUM APPLICABLE STANDARDS
29 SET FORTH IN THIS ACT.
30 SECTION 13. IMPACT STUDY.
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1 NO LATER THAN 12 MONTHS FROM THE EFFECTIVE DATE OF THIS ACT,
2 THE JOINT STATE GOVERNMENT COMMISSION SHALL INVESTIGATE AND
3 PREPARE A REPORT WITH RECOMMENDATIONS ON THE ECONOMIC IMPACT OF
4 BANNING SMOKING IN THE HOSPITALITY INDUSTRY, PUBLIC PLACES AND
5 WORKPLACES. THE JOINT STATE GOVERNMENT COMMISSION SHALL REPORT
6 ITS FINDINGS TO THE GENERAL ASSEMBLY BY NOVEMBER 30, 2008.
7 SECTION 14. REPEAL.
8 REPEALS ARE AS FOLLOWS:
9 (1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
10 PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THIS ACT.
11 (2) SECTION 10.1 OF THE ACT OF APRIL 27, 1927 (P.L.465,
12 NO.299), REFERRED TO AS THE FIRE AND PANIC ACT, IS REPEALED.
13 SECTION 15. BARS AND TAVERNS.
14 THE PROHIBITION OF SMOKING IN BARS AND TAVERNS SHALL TAKE
15 EFFECT JANUARY 1, 2009.
16 SECTION 16. EFFECTIVE DATE.
17 THIS ACT SHALL TAKE EFFECT JANUARY 1, 2007.
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