2017 -- S 0446 SUBSTITUTE A AS AMENDED

========

LC001772/SUB A

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

____________

A N   A C T

RELATING TO HEALTH AND SAFETY - PUBLIC HEALTH AND WORKPLACE SAFETY

ACT

     Introduced By: Senators Ruggerio, Sosnowski, Miller, Coyne, and Seveney

     Date Introduced: March 02, 2017

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-20.10-2 Sections 23-20.10-2 and 23-20.10-6 of the General

Laws in Chapter 23-20.10 entitled "Public Health and Workplace Safety Act" is are hereby

amended to read as follows:

     23-20.10-2. Definitions.

     The following words and phrases, whenever used in this chapter, shall be construed as

defined in this section:

     (1) "Assisted living residence" means a residence that provides personal assistance and

meals to adults in accordance with chapter 17.4 of this title.

     (2) "Bar" means an establishment that is devoted to the serving of alcoholic beverages for

consumption by guests on the premises and in which the serving of food is only incidental to the

consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail

lounges and cabarets.

     (3) "Business" means a sole proprietorship, partnership, joint venture, corporation, or

other business entity formed for profit-making purposes, including retail establishments where

goods or services are sold as well as professional corporations and other entities where legal,

medial medical, dental, engineering, architectural or other professional services are delivered.

     (4) "Electronic nicotine delivery system" means an electronic device that may be used to

simulate smoking in the delivery of nicotine or other substance to a person inhaling from the

device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic

cigarillo, electronic pipe, or electronic hookah and any related device and any cartridge or other

component of such device.

     (5) "Electronic smoking device establishment" means any business which sells food or

alcohol and for which the principal or core business is selling electronic nicotine delivery system

devices as evidenced by thirty-three percent (33%) or more of gross sales receipts are derived

from electronic nicotine delivery system devices and where combustible substances are

prohibited.

     (6) Effective January l, 2018, all existing establishments and establishments that open

thereafter must demonstrate quarterly, for a period of one year and annually thereafter, that the

annual revenue generated from the serving of electronic nicotine delivery system devices is

thirty-three percent (33%) or more of the total revenue for the establishment. Every owner of an

electronic smoking device establishment shall register no later than January 1 of each year with

the division of taxation and shall provide, at a minimum, the owner's name and address and the

name and address of the electronic smoking device establishment. The division of taxation in the

department of administration shall be responsible for the determination under this section and

shall promulgate any rules or forms necessary for the implementation of this section. The division

of taxation in the department of administration shall be responsible for the determination under

this section and shall promulgate any rules or forms necessary for the implementation of this

section.

     (4)(7) "Employee" means a person who is employed by an employer in consideration for

direct or indirect monetary wages or profit and a person who volunteers his or her services for a

nonprofit entity.

     (5)(8) "Employer" means a person, business, partnership, association, corporation,

including a municipal corporation, trust or nonprofit entity that employs the services of one or

more individual persons.

     (6)(9) "Enclosed area" means all space between a floor and ceiling that is enclosed on all

sides by solid walls or windows (exclusive of doorways) that extend from the floor to the ceiling.

     (7)(10) "Health care facility" means an office or institution providing care or treatment of

diseases, whether physical, mental, emotional, or other medical, physiological or psychological

conditions, including, but not limited to, hospitals, rehabilitation hospitals or other clinics,

including weight control clinics, nursing homes, homes for the aging or chronically ill,

laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and

all specialists within these professions. This definition shall include all waiting rooms, hallways,

LC001772/SUB A - Page 2 of 6

private rooms, semi-private rooms, and wards within health care facilities.

     (8)(11) "Place of employment" means an area under the control of a public or private

employer that employees normally frequent during the course of employment, including, but not

limited to, work areas, employees lounges, restrooms, conference rooms, meeting rooms,

classrooms, employee cafeterias, and hallways. Vehicles owned by a public or private employer

are covered under this definition provided that the vehicle is used by more than one person. A

private residence is not a "place of employment" unless it is used as a child care, adult day care,

or health care facility.

     (9)(12) "Public place" means an enclosed area to which the public is invited or in which

the public is permitted, including, but not limited to, banks, bars, educational facilities, health

care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail

food production and marketing establishments, retail service establishments, retail stores,

shopping malls, sports arenas, the state house, theaters and waiting rooms. A private residence is

not a "public place" unless it is used as a child care, adult day care, or health care facility.

     (10)(13) "Restaurant" means an eating establishment, including, but not limited to, coffee

shops, cafeterias, and private and public school cafeterias, that gives or offers for sale food to the

public, guests, or employees, as well as kitchens and catering facilities in which food is prepared

on the premises for serving elsewhere. The term "restaurant" shall include a bar area within the

restaurant.

     (11)(14) "Retail tobacco store" means a retail store utilized primarily for the sale of

tobacco, electronic cigarette products and accessories, or electronic nicotine delivery system

products in which the total annual revenues generated by the sale of other products are no greater

than twenty-five percent (25%) of the total revenue for the establishment. The division of taxation

shall be responsible for the determination under this section and shall promulgate any rules or

forms necessary for the implementation of this section.

     (12)(15) "Service line" means an indoor line in which one or more persons are waiting for

or receiving service of any kind, whether or not the service involves the exchange of money.

     (13)(16) "Shopping mall" means an enclosed public walkway or hall area that serves to

connect retail or professional establishments.

     (14)(17) "Smoking" or "smoke" means inhaling, exhaling, burning, or carrying any

lighted or heated cigar, cigarette, pipe, weed, plant, other tobacco product or plant product or

other combustible substance in any manner or in any form intended for inhalation in any manner

or form. "Smoking" or "smoke" also includes the use of electronic cigarettes, electronic cigars,

electronic pipes, electronic nicotine delivery system products or other similar products that rely

LC001772/SUB A - Page 3 of 6

on vaporization or aerosolization; provided, however, that smoking shall not include burning

during a religious ceremony.

     (15)(18) (a) "Smoking bar" means an establishment whose business is primarily devoted

to the serving of tobacco products for consumption on the premises, in which the annual revenues

generated by tobacco sales are greater than fifty percent (50%) of the total revenue for the

establishment and the serving of food or alcohol is only incidental to the consumption of such

tobacco products. Effective July 1, 2015, all existing establishments and establishments that open

thereafter must demonstrate quarterly, for a period of one year and annually thereafter, that the

annual revenue generated from the serving of tobacco products is greater than fifty percent (50%)

of the total revenue for the establishment, and the serving of food, alcohol, or beverages is only

incidental to the consumption of such tobacco products. Every owner of a smoking bar shall

register no later than January 1 of each year with the division of taxation and shall provide, at a

minimum, the owner's name and address and the name and address of the smoking bar. The

division of taxation in the department of administration shall be responsible for the determination

under this section and shall promulgate any rules or forms necessary for the implementation of

this section. The division of taxation in the department of administration shall be responsible for

the determination under this section and shall promulgate any rules or forms necessary for the

implementation of this section.

     (b) Smoking bars shall only allow consumption of food and beverages sold by the

establishment on the premises and the establishment shall have public access only from the street.

     (c) Any smoking bar, as defined herein, is required to provide a proper ventilation system

that will prevent the migration of smoke into the street.

     (16)(19) "Sports arena" means sports pavilions, stadiums, (indoor or outdoor) organized

sports fields, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks,

bowling alleys, and other similar places where members of the general public assemble to engage

in physical exercise, participate in athletic competition, or witness sports or other events.

     (17)(20) "Legislature" means the general assembly of the state of Rhode Island.

     23-20.10-6. Where smoking not regulated.

     (a) Notwithstanding any other provision of this chapter to the contrary, the following

areas shall be exempt from the provisions of this chapter:

     (1) Private residences, except when used as a licensed child care, adult day care or health

care facility;

     (2) Hotel and motel rooms that are rented to guests and are designated as smoking rooms;

provided, however, that not more than fifty percent (50%) of rooms rented to guests in a hotel or

LC001772/SUB A - Page 4 of 6

motel may be so designated;

     (3) Retail tobacco stores; provided that smoke from these places does not infiltrate into

areas where smoking is prohibited under the provisions of this chapter;

     (4) Private and semi-private rooms or designated areas in assisted living residences and

nursing facilities as allowed by regulation of the department of health under chapters 17.4 and 17

of this title;

     (5) Outdoor areas of places of employment, except those covered by the provisions of

§23-20.10-5;

     (6) Any smoking bar as defined in §23-20.10-2(15);

     (7) [Deleted by P.L. 2005, ch. 22, §1 and P.L. 2005, ch. 23, §1].

     (8) [Deleted by P.L. 2005, ch. 22, §1 and P.L. 2005, ch. 23, §1].

     (9) Electronic smoking device establishments as defined in 23-20.10-2(5).

     (b) The provisions of this chapter shall not apply to any stage performance provided that

smoking is part of a theatrical production.

     SECTION 2. This act shall take effect upon passage.

========

LC001772/SUB A

========

LC001772/SUB A - Page 5 of 6

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - PUBLIC HEALTH AND WORKPLACE SAFETY

ACT

***

     This act would amend the definitions of "smoking" and "retail tobacco store" to include

electronic smoking devices, electronic nicotine delivery system products and other products that

rely on vaporization or aerosolization.

     This act would take effect upon passage.

========

LC001772/SUB A

========

LC001772/SUB A - Page 6 of 6