2017 -- S 0357

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LC000687

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO HEALTH AND SAFETY - PUBLIC HEALTH AND WORKPLACE SAFETY

     Introduced By: Senators Sosnowski, Miller, Conley, Goldin, and Crowley

     Date Introduced: February 16, 2017

     Referred To: Senate Special Legislation and Veterans Affairs

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-20.10-3 of the General Laws in Chapter 23-20.10 entitled

"Public Health and Workplace Safety Act" is hereby amended to read as follows:

     23-20.10-3. Prohibition of smoking in public places.

     Smoking shall be prohibited in all enclosed public places within the state of Rhode

Island, including, but not limited to, the following places:

     (1) Aquariums, galleries, libraries and museums;

     (2) Areas available to and customarily used by the general public in businesses and

nonprofit entities patronized by the public, including, but not limited to, professional offices,

banks, laundromats, hotels and motels.

     (3) Bars;

     (4) Bingo facilities when a bingo game is in progress;

     (5) Convention facilities;

     (6) Elevators;

     (7) Facilities primarily used for exhibiting a motion picture, stage, drama, lecture,

musical, recital or other similar performance;

     (8) Health care facilities;

     (9) Licensed child care and adult day care facilities;

     (10) Lobbies, hallways and other common areas in apartment buildings, condominiums,

trailer parks, retirement facilities, nursing homes and other multiple unit residential facilities with

more than four (4) units;

     (11) Polling places;

     (12) Public transportation facilities, including buses and taxicabs, under the authority of

the state of Rhode Island, and ticket, boarding and waiting areas of public transit depots;

     (13) Restaurants;

     (14) Restrooms, lobbies, reception areas, hallways and other common use areas;

     (15) Retail stores;

     (16) Rooms, chambers, places of meeting or public assembly, including school buildings,

under the control of an agency, board, commission, committee or council of the state of Rhode

Island or a political subdivision of the state when a public meeting is in progress, to the extent the

place is subject to the jurisdiction of the state of Rhode Island;

     (17) Schools; including, primary, secondary and post-secondary education facilities;

     (18) Service lines;

     (19) Shopping malls;

     (20) Sports arenas, including outdoor arenas.

     (21) Pari-mutuel facilities established under chapter 3.1 or 7 of title 41 or any pari-mutuel

licensee under chapter 61.2 of title 42.

     SECTION 2. Section 23-20.10-6.1 of the General Laws in Chapter 23-20.10 entitled

"Public Health and Workplace Safety Act" is hereby repealed.

     23-20.10-6.1. Pari mutual facilities.

     (a) Any pari mutual facility established under chapter 3.1 or 7 of title 41 or any pari

mutual licensee under chapter 61.2 of title 42 shall provide designated smoking and nonsmoking

gaming areas in their facilities.

     (b) The designated nonsmoking gaming area shall be physically separated from any

smoking area and shall be required to have separate and distinct ventilation systems so as to

prohibit the migration of smoke into the nonsmoking area.

     (c) Except as provided for in paragraph (d), any bar or restaurant located in a pari mutual

facility shall be nonsmoking and be physically separate from any smoking area and shall have a

separate ventilation system so as to prohibit the migration of smoke into the restaurant.

     (d) The prohibitions of this chapter shall not apply to any bar which is presently in

existence, located in, and not physically separated from a designated smoking area.

     (e) Any licensee of a pari mutual facility shall promulgate rules and regulations to allow

their employees the right to work in a smoke free environment. These rules shall include, but not

be limited to, provisions on the right to opt out of working in a smoking area and a provision that

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no adverse impact or action could take place against the employee if they request to opt out of a

smoking area. The rules promulgated by the licensee shall be filed with the lottery commission

with copies to the general assembly and the department of health no later than March 1, 2005.

     (f) Commencing January 1, 2005, any pari mutual licensee shall file an annual report with

the lottery commission with copies to the general assembly and department of health detailing

smoke mitigation efforts undertaken by the licensee during the previous year and plans for the

upcoming year. The licensee shall be required to monitor air quality with current appropriate

technology. A professional HVAC engineer (or other appropriate professional) shall certify the

monitoring process and results. The results of the monitoring process shall be included in the

annual report.

     (g) Any enactment relating to the provisions of this section on pari mutual facilities or

licensees shall be by statute as enacted by the general assembly, provided however that the

general assembly may by statute delegate such authority to the cities and towns.

     SECTION 3. This act shall take effect upon passage.

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LC000687

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - PUBLIC HEALTH AND WORKPLACE SAFETY

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     This act would repeal the Rhode Island pari-mutuel facilities exemption to the Public

Health and Workplace Safety Act, there by banning smoking at all pari-mutuel facilities.

     This act would take effect upon passage.

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