House Bill #5821 (2017)

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

Amends 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.

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  • 2017 – H 5821
  • 2017 – H 5821 SUBSTITUTE A AS AMENDED
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  • LC001644
  • LC001644/SUB A
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  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2017
  • ____________
  • A N A C T
  • RELATINGTO HEALTH AND SAFETY – PUBLIC HEALTH AND WORKPLACE SAFETY
  • ACT
  • S T A T E O F R H O D E I S L A N D
  • 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: Representatives Tanzi, Fogarty, Maldonado, Barros, and Ajello
  • Date Introduced: March 02, 2017
  • Referred To: House Health, Education & Welfare
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Section 23-20.10-2 of the General Laws in Chapter 23-20.10 entitled "Public Health and Workplace Safety Act"is 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, dental, engineering, architecturalor other professional services are delivered.
  • (4) "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.
  • 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) "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) "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) "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) "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, private rooms, semi-private rooms, and wards within health care facilities.
  • (8) "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) "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) "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) "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products or electronic cigarettes and accessories in which the totalannualrevenues generated by the sale of other products are no greater than twenty-five percent (25%) of the totalrevenue for the establishment. The division of taxation shall be responsible for the determination under this
  • LC001644 - Page 2of 5 section and shall promulgate any rules or forms necessary for the implementation of this section.
  • (11) "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) "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) "Shopping mall" means an enclosed public walkway or hall area that serves to connect retailor professional establishments.
  • (14) "Smoking" or "smoke" means inhaling, exhaling, burning, or carrying any lighted 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 include the use of electronic cigarettes, electronic cigars, electronic pipes, or other similar product that rely on vaporization or aerosolization; provided, however, that smoking shall not include burning during a religious ceremony.
  • (13) "Shopping mall" means an enclosed public walkway or hall area that serves to connect retail or professional establishments.
  • (14) "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 on vaporization or aerosolization; provided, however, that smoking shall not include burning during a religious ceremony.
  • (15) (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) "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 generalpublic assemble to engage
  • LC001644 - Page 3of 5 in physical exercise, participate in athletic competition, or witness sports or other events.
  • (17) "Legislature" means the generalassembly of the state of Rhode Island.
  • SECTION 2. This act shalltake effect upon passage. ======== LC001644 ========
  • LC001644 - Page 4of 5
  • (16) "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) "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 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) Bars for the use of electronic cigarettes, electronic cigars, electronic pipes, electronic nicotine delivery system products or other similar products that rely on vaporization or aerosolization.
  • (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.
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  • LC001644/SUB A
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  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T RELATINGTO HEALTH AND SAFETY – PUBLIC HEALTH AND WORKPLACESAFETY
  • A N A C T RELATING TO HEALTH AND SAFETY – PUBLIC HEALTH AND WORKPLACE SAFETY
  • ACT
  • ***
  • This act would amend the definition of "retail tobacco store" to include any store that primarily sells "electronic cigarettes" and would expand the definition of "smoking" to include the use of any electronic cigarette, cigar or similar product which relies on vaporization or aerosolization.
  • This act would take effect upon passage. ======== LC001644 ========
  • LC001644 - Page 5of 5
  • 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. ======== LC001644/SUB A ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for PASSAGE PASSAGE OF AMENDMENT

June 07, 2017 at 4:45pm
Yeas: 65 / Nays: 7 / Not voting: 3 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore NV
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale Y
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha Y
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi N
Rep. Fogarty Y
Rep. Giarrusso Y
Rep. Handy Y
Rep. Hearn Y
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian NV
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin N
Rep. McNamara Y
Rep. Mendonca Y
Rep. Messier Y
Rep. Morgan N
Rep. Morin Y
Rep. Nardolillo Y
Rep. Newberry Y
Rep. Nunes Y
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips N
Rep. Price N
Rep. Quattrocchi N
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts N
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci NV
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y

Floor vote for PASSAGE AS AMENDED

June 07, 2017 at 4:50pm
Yeas: 56 / Nays: 14 / Not voting: 5 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore NV
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey NV
Rep. Casimiro Y
Rep. Chippendale N
Rep. Corvese N
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha Y
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi N
Rep. Fogarty Y
Rep. Giarrusso N
Rep. Handy Y
Rep. Hearn Y
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian NV
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia N
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin N
Rep. McNamara Y
Rep. Mendonca N
Rep. Messier Y
Rep. Morgan N
Rep. Morin Y
Rep. Nardolillo N
Rep. Newberry N
Rep. Nunes Y
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips N
Rep. Price N
Rep. Quattrocchi N
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts N
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater NV
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci NV
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y