AMENDMENT FOR PRINTED BILL
1237ja

___________________ moved that HB 1237 be amended as follows:


On the printed bill, delete everything after the enacting clause and insert:

     "
     Section 1. That § 22-36-2 be amended to read as follows:

     22-36-2.   No person may smoke tobacco or carry any lighted tobacco product in any public place or place of employment. This section does not apply to any sleeping room in a lodging establishment as defined in § 34-18-1, to any on-sale licensee pursuant to chapter 35-4, to any video lottery licensed establishment pursuant to chapter 42-7A, to any licensee pursuant to chapter 42-7B, or to any tobacco or packaged liquor store if the store is primarily used for the sale of tobacco or alcoholic beverages, or both, and the sale of other products is merely incidental.

     A violation of this section is a petty offense. Any owner or employee of a public place or place of employment who knowingly allows smoking in a public place or place of employment is guilty of a Class 2 misdemeanor. Any person who smokes in a public place or place of employment is guilty of a Class 2 misdemeanor.

     Section 2. That § 22-36-3 be amended to read as follows:

     22-36-3.   For the purposes of §§ 22-36-2 to 22-36-4, inclusive, a public place is any enclosed indoor area to which the public is invited or to which the public is permitted , including any hospital or medical or dental clinic; any nursing facility; any public library, museum, theater, or concert hall; any elementary or secondary school building; any public conveyance; any jury room; any elevator; any reception area; any restaurant; any retail service establishment; any retail store; and any registered or unregistered day care program, day care center, day care cooperative, or family day care home governed by chapter 26-6 during the time in which children who are not family members of the day care provider are receiving care . A private residence is not a public place unless it is used for day care. "