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| 5 | 5 | | 2023 -- H 5237 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000374 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO HEALTH AND SAFETY -- PUBLIC HEALTH AND WORKPLACE SAFETY |
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| 16 | 16 | | ACT |
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| 17 | 17 | | Introduced By: Representatives Tanzi, McGaw, Felix, Hull, Ajello, Donovan, Kislak, |
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| 18 | 18 | | Morales, Speakman, and Carson |
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| 19 | 19 | | Date Introduced: January 25, 2023 |
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| 20 | 20 | | Referred To: House Finance |
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| 21 | 21 | | |
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| 22 | 22 | | |
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| 23 | 23 | | It is enacted by the General Assembly as follows: |
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| 24 | 24 | | SECTION 1. Section 23-20.10-6.1 of the General Laws in Chapter 23-20.10 entitled 1 |
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| 25 | 25 | | "Public Health and Workplace Safety Act" is hereby repealed. 2 |
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| 26 | 26 | | 23-20.10-6.1. Pari mutual facilities. 3 |
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| 27 | 27 | | (a) Any pari mutual facility established under chapter 3.1 or 7 of title 41 or any pari mutual 4 |
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| 28 | 28 | | licensee under chapter 61.2 of title 42 shall provide designated smoking and nonsmoking gaming 5 |
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| 29 | 29 | | areas in their facilities. 6 |
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| 30 | 30 | | (b) The designated nonsmoking gaming area shall be physically separated from any 7 |
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| 31 | 31 | | smoking area and shall be required to have separate and distinct ventilation systems so as to prohibit 8 |
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| 32 | 32 | | the migration of smoke into the nonsmoking area. 9 |
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| 33 | 33 | | (c) Except as provided for in paragraph (d), any bar or restaurant located in a pari mutual 10 |
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| 34 | 34 | | facility shall be nonsmoking and be physically separate from any smoking area and shall have a 11 |
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| 35 | 35 | | separate ventilation system so as to prohibit the migration of smoke into the restaurant. 12 |
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| 36 | 36 | | (d) The prohibitions of this chapter shall not apply to any bar which is presently in 13 |
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| 37 | 37 | | existence, located in, and not physically separated from a designated smoking area. 14 |
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| 38 | 38 | | (e) Any licensee of a pari mutual facility shall promulgate rules and regulations to allow 15 |
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| 39 | 39 | | their employees the right to work in a smoke free environment. These rules shall include, but not 16 |
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| 40 | 40 | | be limited to, provisions on the right to opt out of working in a smoking area and a provision that 17 |
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| 41 | 41 | | no adverse impact or action could take place against the employee if they request to opt out of a 18 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC000374 - Page 2 of 3 |
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| 45 | 45 | | smoking area. The rules promulgated by the licensee shall be filed with the lottery commission 1 |
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| 46 | 46 | | with copies to the general assembly and the department of health no later than March 1, 2005. 2 |
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| 47 | 47 | | (f) Commencing January 1, 2005, any pari mutual licensee shall file an annual report with 3 |
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| 48 | 48 | | the lottery commission with copies to the general assembly and department of health detailing 4 |
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| 49 | 49 | | smoke mitigation efforts undertaken by the licensee during the previous year and plans for the 5 |
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| 50 | 50 | | upcoming year. The licensee shall be required to monitor air quality with current appropriate 6 |
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| 51 | 51 | | technology. A professional HVAC engineer (or other appropriate professional) shall certify the 7 |
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| 52 | 52 | | monitoring process and results. The results of the monitoring process shall be included in the annual 8 |
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| 53 | 53 | | report. 9 |
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| 54 | 54 | | (g) Any enactment relating to the provisions of this section on pari mutual facilities or 10 |
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| 55 | 55 | | licensees shall be by statute as enacted by the general assembly, provided however that the general 11 |
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| 56 | 56 | | assembly may by statute delegate such authority to the cities and towns. 12 |
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| 57 | 57 | | SECTION 2. This act shall take effect upon passage. 13 |
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| 58 | 58 | | ======== |
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| 59 | 59 | | LC000374 |
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| 60 | 60 | | ======== |
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| 61 | 61 | | |
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| 62 | 62 | | |
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| 63 | 63 | | LC000374 - Page 3 of 3 |
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| 64 | 64 | | EXPLANATION |
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| 65 | 65 | | BY THE LEGISLATIVE COUNCIL |
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| 66 | 66 | | OF |
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| 67 | 67 | | A N A C T |
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| 68 | 68 | | RELATING TO HEALTH AND SAFETY -- PUBLIC HEALTH AND WO RKPLACE SAFETY |
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| 69 | 69 | | ACT |
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| 70 | 70 | | *** |
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| 71 | 71 | | This act would repeal the exemption granted to pari mutual facilities and casinos from the 1 |
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| 72 | 72 | | smoke free workplace requirement contained in the Public Health and Workplace Safety Act. 2 |
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| 73 | 73 | | This act would take effect upon passage. 3 |
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| 74 | 74 | | ======== |
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| 75 | 75 | | LC000374 |
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| 76 | 76 | | ======== |
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