Okla. Stat. tit. 63, § 63-1-1515: Clean Air in Restaurants Act - Restaurant rebate

program.

A. This section shall be known and may be cited as the “Clean

Air in Restaurants Act”.

B. The Legislature hereby finds:

1. Numerous studies have found that tobacco smoke is a major

contributor to indoor air pollution;

2. Reliable studies have shown that breathing secondhand smoke

is a cause of disease, including lung cancer, in healthy nonsmokers.

At special risk are elderly people, children, people with

cardiovascular disease, and individuals with impaired respiratory

function, including asthmatics and those with obstructive airway

disease; and

3. Health hazards induced by breathing secondhand smoke include

lung cancer, respiratory infection, decreased exercise tolerance,

decreased respiratory function, bronchoconstriction, and

bronchospasm.

C. 1. The State Department of Health is hereby authorized to

implement a rebate program for the purpose of reimbursing persons or

entities that own restaurants located in this state for expenses

incurred prior to November 1, 2010, in complying with the

requirements imposed by subsection J of Section 1247 of Title 21 of

the Oklahoma Statutes. The rebate shall be equal to fifty percent

(50%) of the original expenditure, minus depreciation costs, and

shall only be disbursed if the restaurant converts to a completely

smoke-free environment no later than January 1, 2013.

2. The Department shall be required to utilize the proceeds

generated by the Tobacco Prevention and Cessation Revolving Fund in

funding the rebate program and shall promulgate such rules as are

necessary to implement the provisions of the program.