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                                                      PRINTER'S NO. 1798

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1419 Session of 2007


        INTRODUCED BY R. MILLER, PETRARCA, BELFANTI, BRENNAN,
           CALTAGIRONE, CAPPELLI, DENLINGER, DeWEESE, ELLIS, GERGELY,
           GIBBONS, GILLESPIE, GOODMAN, HALUSKA, KAUFFMAN, M. KELLER,
           KIRKLAND, KOTIK, MACKERETH, MARSICO, MOUL, O'NEILL, PICKETT,
           REICHLEY, SAINATO, SANTONI, SCHRODER, R. STEVENSON, THOMAS
           AND YOUNGBLOOD, JUNE 5, 2007

        REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, JUNE 5, 2007


                                     AN ACT

     1  Establishing the Clean Indoor Air Act; imposing duties upon the
     2     Department of Health; imposing penalties; and repealing a
     3     related provision of the Fire and Panic Act.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Short title.
     7     This act shall be known and may be cited as the Clean Indoor
     8  Air Act.
     9  Section 2.  Legislative purpose.
    10     The purpose of this act is to protect the public health and
    11  to provide for the comfort of all parties by regulating and
    12  controlling smoking in certain public places and at public
    13  meetings and in certain workplaces.
    14  Section 3.  Definitions.
    15     The following words and phrases when used in this act shall
    16  have the meanings given to them in this section unless the

     1  context clearly indicates otherwise:
     2     "Adult-only establishment."  Any public place or workplace in
     3  which the proprietor or the proprietor's agent or employee
     4  restricts access and refuses service or accommodation of any
     5  kind to persons under 18 years of age who are not accompanied by
     6  a parent or legal guardian.
     7     "Department."  The Department of Health of the Commonwealth.
     8     "Public meeting."  A meeting open to the public including any
     9  meeting open to the public pursuant to 65 Pa.C.S. Ch. 7
    10  (relating to open meetings).
    11     "Public place."  An enclosed area to which the public is
    12  invited or in which the public is permitted, including any place
    13  listed in section 5.
    14     "Restaurant."  An eating establishment that offers food for
    15  sale to the public.
    16     "Service line."  A line at which one or more persons are
    17  waiting for or receiving service of any kind, whether or not
    18  such service involves the exchange of money.
    19     "Smoking."  The carrying by a person of a lighted cigar,
    20  cigarette, pipe or other lighted smoking device.
    21     "Sports arena."  A sports stadium, sports pavilion,
    22  exhibition hall, gymnasium, health spa, boxing arena, swimming
    23  pool, roller or ice rink, bowling alley or similar place where
    24  members of the general public assemble to engage in physical
    25  exercise, participate in athletic competition or witness sports
    26  events.
    27     "Tobacco shop."  A business establishment the main purpose of
    28  which is the sale of tobacco products including cigars, pipe
    29  tobacco and smoking accessories.
    30     "Workplace."  An indoor area serving as a place of
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     1  employment, occupation, business, trade, craft, profession or
     2  volunteer activity.
     3  Section 4.  Prohibition.
     4     No person shall smoke in a public place or in a workplace.
     5  Section 5.  Public place.
     6     The following enclosed areas are examples of public places:
     7         (1)  A place in which a public meeting is held.
     8         (2)  An educational facility.
     9         (3)  A school bus.
    10         (4)  A health facility.
    11         (5)  An auditorium.
    12         (6)  An arena.
    13         (7)  A theater.
    14         (8)  A museum.
    15         (9)  A restaurant.
    16         (10)  A bar or tavern.
    17         (11)  A concert hall.
    18         (12)  A commercial establishment.
    19         (13)  A retail store.
    20         (14)  A service line.
    21         (15)  A grocery store.
    22         (16)  A bingo hall.
    23         (17)  A waiting room or area.
    24         (18)  A hallway.
    25         (19)  A polling place.
    26         (20)  A restroom.
    27         (21)  A sports arena.
    28         (22)  A convention hall.
    29         (23)  An elevator.
    30         (24)  Public transit.
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     1         (25)  A public food assistance program and facility.
     2         (26)  A shopping mall.
     3         (27)  An exhibition hall.
     4         (28)  A rotunda or lobby.
     5         (29)  A licensed gaming facility.
     6         (30)  At least 75% of the total number of sleeping
     7     quarters that are available for rent to guests within any
     8     single lodging establishment.
     9  Section 6.  Exception.
    10     This act shall not apply to the following places:
    11         (1)  A private residence, except when used as a child-
    12     care, adult day-care or health care facility.
    13         (2)  Designated sleeping quarters within a lodging
    14     establishment that are available for rent to guests
    15     accounting for no more than 25% of the total number of
    16     lodging units within a single lodging establishment.
    17         (3)  An adult-only establishment in which the proprietor
    18     of such establishment has complied with the requirements of
    19     section 7.
    20         (4)  A wholesale or retail tobacco shop whose sales of
    21     tobacco products comprise 85% or more of gross sales on an
    22     annual basis.
    23         (5)  All workplaces of any manufacturer, importer or
    24     wholesaler of tobacco products, of any tobacco leaf dealer or
    25     processor, and all tobacco storage facilities.
    26  Section 7.  Posting of notice.
    27     The proprietor of an adult-only establishment who permits
    28  smoking on the premises shall post a notice on the exterior of
    29  each entrance to the establishment identifying it as an
    30  establishment in which smoking is permitted and persons under 18
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     1  years of age are not permitted without parental or adult
     2  supervision. The notice shall be of sufficient size as to be
     3  readable from a distance of 15 feet from the entrance of the
     4  establishment.
     5  Section 8.  Retaliation prohibited.
     6     No person or employer shall discharge, refuse to hire or in
     7  any manner retaliate against any employee or applicant for
     8  employment because the employee or applicant exercises any right
     9  to a smoke-free environment required by this act.
    10  Section 9.  Eligibility for unemployment compensation.
    11     An employee of an adult-only establishment that permits
    12  smoking on premises may leave employment within 60 days of the
    13  proprietor posting the notice required under section 7 and such
    14  action shall be deemed as leaving employment with cause of a
    15  necessitous and compelling nature under the act of December 5,
    16  1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
    17  Unemployment Compensation Law.
    18  Section 10.  Enforcement.
    19     The Department of Health, a local board or department of
    20  health or any affected party may institute an action in any
    21  court with jurisdiction to enjoin a violation of the provisions
    22  of this act.
    23  Section 11.  Penalty.
    24     Any person who smokes in a public place or in a workplace or
    25  violates any other provision of this act commits a summary
    26  offense and shall pay:
    27         (1)  A fine not exceeding $100 for a first violation.
    28         (2)  A fine not exceeding $200 for a second violation
    29     that occurs within one year.
    30         (3)  A fine not exceeding $500 for each additional
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     1     violation that occurs within one year.
     2  Section 12.  Rules and regulations.
     3     The department shall promulgate and adopt rules and
     4  regulations as are necessary and reasonable to implement the
     5  provisions of this act. The department shall also engage in a
     6  continuing program to explain and clarify the purposes and
     7  requirements of this act to persons affected by it and to guide
     8  owners, operators and managers in their compliance with it. The
     9  programs may include publication of a brochure for affected
    10  businesses and individuals explaining the provisions of this
    11  act.
    12  Section 13.  Effect on local rules and ordinances.
    13     This act shall not be construed to restrict the power of any
    14  political subdivision to adopt and enforce any rule or ordinance
    15  which complies with at least the minimum applicable standards
    16  set forth in this act.
    17  Section 14.  Repeal.
    18     Repeals are as follows:
    19         (1)  The General Assembly declares that the repeal under
    20     paragraph (2) is necessary to effectuate this act.
    21         (2)  Section 10.1 of the act of April 27, 1927 (P.L.465,
    22     No.299), referred to as the Fire and Panic Act, is repealed.
    23  Section 15.  Effective date.
    24     This act shall take effect January 1, 2008, or immediately,
    25  whichever is later.




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