2023 -- H 5237

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LC000374

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO HEALTH AND SAFETY -- PUBLIC HEALTH AND WORKPLACE SAFETY

ACT

     Introduced By: Representatives Tanzi, McGaw, Felix, Hull, Ajello, Donovan, Kislak,
Morales, Speakman, and Carson

     Date Introduced: January 25, 2023

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. 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"Public Health and Workplace Safety Act" is hereby repealed.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

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 2. This act shall take effect upon passage.

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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

ACT

***

     This act would repeal the exemption granted to pari mutual facilities and casinos from the

smoke free workplace requirement contained in the Public Health and Workplace Safety Act.

     This act would take effect upon passage.

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LC000374

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