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REFERENCE TITLE: smoke-free Arizona; repeal |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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HCR 2032 |
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Introduced by Representative Stevens
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A CONCURRENT RESOLUTION
enacting and ordering the submission to the people of a measure relating to the smoke‑free arizona act.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to the smoke‑free Arizona act, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
AN ACT
repealing section 36‑601.01, Arizona Revised Statutes; amending title 36, chapter 6, ARTICLE 1, Arizona Revised Statutes, by adding a new section 36‑601.01 and section 36‑601.02; repealing section 42‑3251.02, Arizona Revised Statutes; relating to the smoke‑free Arizona act.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Repeal
Section 36-601.01, Arizona Revised Statutes, is repealed.
Sec. 2. Title 36, chapter 6, article 1, Arizona Revised Statutes, is amended by adding a new section 36-601.01 and section 36‑601.02, to read:
36-601.01. Smoking prohibition in certain areas; violation; classification; exception
A. Smoking tobacco in any form is prohibited in any:
1. Elevator, indoor theater, library, art museum, lecture or concert hall or bus that is used by or open to the public.
2. Waiting room, restroom, lobby or hallway of any health care institution as defined in chapter 4 of this title.
3. Public waiting room of health associated laboratories or facilities.
4. Public waiting room of any physician, dentist, psychologist, physiotherapist, podiatrist, chiropractor, naturopath, optometrist or optician.
B. A person who violates this section is guilty of a petty offense.
C. This section does not prohibit smoking in the areas listed in subsection A of this section if the smoking is confined to areas designated and posted as smoking areas.
36-601.02. Smoking in state buildings; prohibition; exception; violation; classification
A. Except as provided in section 36-601.01 and subsections B and C of this section, smoking is prohibited in any building that is owned or directly leased by this state.
B. The following persons are exempt from subsection A of this section:
1. Clients receiving treatment at the Arizona state hospital, inmates using areas in correctional facilities located in this state and persons residing in state owned or leased residential facilities.
2. Persons using tobacco products for religious and ceremonial purposes.
C. Smoking in buildings that are owned or directly leased by this state may be allowed only in locations and under reasonable circumstances as determined by the department of administration in consultation with the relevant agency to prevent the drifting of smoke to areas adjacent to or outside the smoking area either by the physical design of the smoking area or by the use of electrostatic filter devices, windows or venting to the outside air to remove the smoke from the air.
D. If drifting smoke is noticeable in an adjoining area of a smoking area and management receives a written complaint, the director of the department of administration and the director of the relevant agency shall make reasonable efforts to ensure that the drifting smoke is contained or prevented from drifting into the adjoining work area by making physical modifications of the smoking area, relocating the smoking area or installing electrostatic filtering devices or venting to the outside air. If these efforts fail to contain the drifting smoke, smoking shall be prohibited in the smoking area.
E. This section does not require the establishment of a smoking area in any state building that has previously been designated as nonsmoking.
F. No state employer may discriminate against any employee or other person on the basis of the person's use or nonuse of tobacco products.
G. The department of administration shall adopt procedures to ensure that complaints may be made anonymously by any employee for the reporting of a violation of this section.
H. A state employee has the right to be represented by an employee association in connection with any grievance related to smoking.
I. A person who violates this section is guilty of a petty offense.
Sec. 3. Repeal
Section 42-3251.02, Arizona Revised Statutes, is repealed.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.