State Website Full Text (most recent version):
http://www.multistatetech.com/cgi/citesource?sctnys=KSSB252009
Last Action:
02/25/2009 In House; Hearing: Tues., 3/10/09
Primary Synopsis:
State-wide prohibition on smoking in indoor public areas.
Additional Bill Information:
February 16, 2009 Amended Language-
…Sec. 3. ON AND AFTER JANUARY 2, 2010, K.S.A. 21-4010 is hereby amended to read as follows: 21-4010. (a) No person shall smoke in a public place AN ENCLOSED AREA or at a public meeting except in designated smoking areas. INCLUDING, BUT NOT LIMITED TO:
(1) PUBLIC PLACES;
(2) TAXICABS AND LIMOUSINES;
(3) RESTROOMS, LOBBIES, HALLWAYS AND OTHER COMMON AREAS IN PUBLIC AND PRIVATE BUILDINGS, CONDOMINIUMS AND OTHER MULTIPLE-RESIDENTIAL FACILITIES;
(4) RESTROOMS, LOBBIES AND OTHER COMMON AREAS IN HOTELS AND MOTELS AND IN AT LEAST 80% OF THE SLEEPING QUARTERS WITHIN A HOTEL OR MOTEL THAT MAY BE RENTED TO GUESTS;
(5) ACCESS POINTS OF ALL BUILDINGS AND FACILITIES NOT EXEMPTED PURSUANT TO SUBSECTION (D); AND
(6) ANY PLACE OF EMPLOYMENT.
(b) Smoking areas may be designated by proprietors or other persons in charge of public places, except in passenger elevators, school buses, public means of mass transportation and any other place in which smoking is prohibited by the fire marshal or by other law, ordinance or regulation.
(c) Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in adjacent nonsmoking areas.
(B) EACH EMPLOYER HAVING A PLACE OF EMPLOYMENT THAT IS AN ENCLOSED AREA SHALL PROVIDE A SMOKE-FREE WORKPLACE FOR ALL EMPLOYEES. SUCH EMPLOYER SHALL ALSO ADOPT AND MAINTAIN A WRITTEN SMOKING POLICY WHICH SHALL PROHIBIT SMOKING WITHOUT EXCEPTION IN ALL AREAS OF THE PLACE OF EMPLOYMENT. SUCH POLICY SHALL BE COMMUNICATED TO ALL CURRENT EMPLOYEES WITHIN ONE WEEK OF ITS ADOPTION AND SHALL BE COMMUNICATED TO ALL NEW EMPLOYEES UPON HIRING. EACH EMPLOYER SHALL PROVIDE A WRITTEN COPY OF THE SMOKING POLICY UPON REQUEST TO ANY CURRENT OR PROSPECTIVE EMPLOYEE.
(C) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, K.S.A. 21-4011 OR 21-4012, AND AMENDMENTS THERETO, THE PROPRIETOR OR OTHER PERSON IN CHARGE OF AN ADULT CARE HOME, AS DEFINED IN K.S.A. 39-923, AND AMENDMENTS THERETO, OR A MEDICAL CARE FACILITY, MAY DESIGNATE A PORTION OF SUCH ADULT CARE HOME, OR THE LICENSED LONG-TERM CARE UNIT OF SUCH MEDICAL CARE FACILITY, AS A SMOKING AREA, AND SMOKING MAY BE PERMITTED WITHIN SUCH DESIGNATED SMOKING AREA.
(D) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO:
(1) THE OUTDOOR AREAS OF ANY BUILDING OR FACILITY BEYOND THE ACCESS POINTS OF SUCH BUILDING OR FACILITY;
(2) PRIVATE HOMES OR RESIDENCES, EXCEPT WHEN SUCH HOME OR RESIDENCE IS USED AS A DAY CARE HOME, AS DEFINED IN K.S.A. 65-530, AND AMENDMENTS THERETO;
(3) A HOTEL OR MOTEL ROOM RENTED TO ONE OR MORE GUESTS IF THE TOTAL PERCENTAGE OF SUCH HOTEL OR MOTEL ROOMS IN SUCH HOTEL OR MOTEL DOES NOT EXCEED 20%;
(4) THE GAMING FLOOR OF A LOTTERY GAMING FACILITY OR RACETRACK GAMING FACILITY, AS THOSE TERMS ARE DEFINED IN K.S.A. 74-8702, AND AMENDMENTS THERETO;
(4) the Kansas soldiers’ home established by K.S.A. 76-1901, and amendments thereto;
(5) THAT PORTION OF AN ADULT CARE HOME, AS DEFINED IN K.S.A. 39-923, AND AMENDMENTS THERETO, THAT IS EXPRESSLY DESIGNATED AS A SMOKING AREA BY THE PROPRIETOR OR OTHER PERSON IN CHARGE OF SUCH ADULT CARE HOME PURSUANT TO SUBSECTION (C) AND THAT IS FULLY ENCLOSED AND VENTILATED;
(6) THAT PORTION OF A LICENSED LONG-TERM CARE UNIT OF A MEDICAL CARE FACILITY THAT IS EXPRESSLY DESIGNATED AS A SMOKING AREA BY THE PROPRIETOR OR OTHER PERSON IN CHARGE OF SUCH MEDICAL CARE FACILITY PURSUANT TO SUBSECTION (C) AND THAT IS FULLY ENCLOSED AND VENTILATED AND TO WHICH ACCESS IS RESTRICTED TO THE RESIDENTS AND THEIR GUESTS; and …
Status:
01/14/2009 In Senate; Introduced
01/15/2009 In Senate; Referred to Public Health and Welfare
02/04/2009 In Senate; Committee Report: Be passed as amended by Public Health and Welfare
02/16/2009 In Senate; Committee of the Whole: Committee Report be adopted; be further amended; be passed as amended
02/17/2009 In Senate; Final Action: Passed as amended; Yeas 26 Nays 13
02/18/2009 In Senate; Engrossed; In House; Received and introduced
02/19/2009 In House; Referred to Health and Human Services
02/25/2009 In House; Hearing: Tues., 3/10/09
Sponsor:
Public Health and Welfar and e
