PRINTER'S NO. 634
No. 602 Session of 2005
INTRODUCED BY GREENLEAF, ERICKSON AND STACK, APRIL 4, 2005
REFERRED TO PUBLIC HEALTH AND WELFARE, APRIL 4, 2005
AN ACT
1 Establishing the Clean Indoor Air Act; imposing duties upon the
2 Department of Health; imposing penalties; and making a
3 related repeal.
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 findings and purpose.
10 (a) Findings.--The General Assembly finds as follows:
11 (1) The use of tobacco products is dangerous not only to
12 the person smoking, but also to nonsmokers who must breathe
13 the contaminated air.
14 (2) The Environmental Protection Agency has classified
15 second-hand tobacco smoke as a Class A carcinogen, a
16 classification reserved for the most lethal environmental
17 hazards, such as asbestos, benzene, formaldehyde and radon.
18 (3) Approximately 53,000 nonsmokers in the United States
1 die annually from lung and heart disease due to exposure to
2 passive smoke.
3 (4) Three hundred thousand children exposed to tobacco
4 smoke have increased frequency of lower respiratory
5 infections, such as pneumonia and bronchitis.
6 (5) Tobacco smoke is also responsible for up to
7 1,000,000 attacks of asthma, 8,000 to 26,000 new cases of
8 asthma and significant reduction in lung function, and causes
9 serious middle ear infections among children each year.
10 (b) Purpose.--By enactment of this legislation, the General
11 Assembly intends to protect the public health, the comfort of
12 all persons and the environment by prohibiting smoking in public
13 places and 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
17 context clearly indicates otherwise:
18 "Department." The Department of Health of the Commonwealth.
19 "Public meeting." Any meeting open to the public including
20 any meeting open to the public pursuant to 65 Pa.C.S. Ch. 7
21 (relating to open meetings).
22 "Public place." Any enclosed area to which the public is
23 invited or in which the public is permitted, including any place
24 listed in section 5 (relating to public place).
25 "Restaurant." Any eating establishment which offers food for
26 sale to the public.
27 "Service line." Any line at which one or more persons are
28 waiting for or receiving service of any kind, whether or not
29 such service involves the exchange of money.
30 "Smoking." The carrying by a person of a lighted cigar,
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1 cigarette, pipe or other lighted smoking device.
2 "Sports arena." A sports stadium, sports pavilion,
3 exhibition hall, gymnasium, health spa, boxing arena, swimming
4 pool, roller or ice rink, bowling alley or similar place where
5 members of the general public assemble to engage in physical
6 exercise, participate in athletic competition or witness sports
7 events.
8 "Tobacco shop." Any business establishment the main purpose
9 of which is the sale of tobacco products including cigars, pipe
10 tobacco and smoking accessories.
11 "Workplace." An indoor area serving as a place of
12 employment, occupation, business, trade, craft, profession or
13 volunteer activity.
14 Section 4. Prohibition.
15 No person shall smoke in a public place or in a workplace.
16 Section 5. Public place.
17 The following enclosed areas are examples of public places:
18 (1) A place in which a public meeting is held.
19 (2) An educational facility.
20 (3) A school bus.
21 (4) A health facility.
22 (5) An auditorium.
23 (6) An arena.
24 (7) A theater.
25 (8) A museum.
26 (9) A restaurant.
27 (10) A bar or tavern.
28 (11) A concert hall.
29 (12) A commercial establishment.
30 (13) A retail store.
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1 (14) A service line.
2 (15) A grocery store.
3 (16) A bingo hall.
4 (17) A waiting room or area.
5 (18) A hallway.
6 (19) A polling place.
7 (20) A restroom.
8 (21) A sports arena.
9 (22) A convention hall.
10 (23) An elevator.
11 (24) Public transit.
12 (25) A public food assistance program and facility.
13 (26) A shopping mall.
14 (27) An exhibition hall.
15 (28) A rotunda or lobby.
16 Section 6. Exception.
17 This act shall not apply to the following places:
18 (1) A private residence, except for a private residence
19 licensed as a child-care facility.
20 (2) A private social function where the area utilized is
21 under the control of the sponsor and not the proprietor,
22 except where the area utilized is owned, leased or operated
23 by a State or local governmental agency.
24 (3) A wholesale or retail tobacco shop.
25 Section 7. Retaliation prohibited.
26 No person or employer shall discharge, refuse to hire or in
27 any manner retaliate against any employee or applicant for
28 employment because the employee or applicant exercises any right
29 to a smoke-free environment required by this act.
30 Section 8. Enforcement.
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1 The Department of Health, a local board or department of
2 health or any affected party may institute an action in any
3 court with jurisdiction to enjoin a violation of the provisions
4 of this act.
5 Section 9. Penalty.
6 Any person who smokes in a public place or in a workplace or
7 violates any other provision of this act commits a summary
8 offense and shall pay:
9 (1) A fine not exceeding $100 for a first violation.
10 (2) A fine not exceeding $200 for a second violation
11 that occurs within one year.
12 (3) A fine not exceeding $500 for each additional
13 violation that occurs within one year.
14 Section 10. Rules and regulations.
15 The Department of Health shall promulgate and adopt rules and
16 regulations as are necessary and reasonable to implement the
17 provisions of this act. The department shall also engage in a
18 continuing program to explain and clarify the purposes and
19 requirements of this act to persons affected by it and to guide
20 owners, operators and managers in their compliance with it. The
21 programs may include publication of a brochure for affected
22 businesses and individuals explaining the provisions of this
23 act.
24 Section 11. Construction.
25 In any dispute arising under the provisions of this act, the
26 authority adjudicating the dispute shall construe the provisions
27 of this act in favor of the health concerns of persons who do
28 not engage in smoking and whose concerns shall represent the
29 public interest.
30 Section 12. Effect on local rules and ordinances.
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1 This act shall not be construed to restrict the power of any
2 political subdivision to adopt and enforce any rule or ordinance
3 which complies with at least the minimum applicable standards
4 set forth in this act.
5 Section 13. Repeal.
6 Section 10.1 of the act of April 27, 1927 (P.L.465, No.299),
7 referred to as the Fire and Panic Act, is repealed.
8 Section 14. Effective date.
9 This act shall take effect January 1, 2006.
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