(1) The general assembly hereby finds and determines that: (a) It is in the best interest of the people of this state to protect the public from involuntary exposure to emissions from secondhand smoke and electronic smoking devices (ESD) in most indoor areas open to the public, in public meetings, in food service establishments, and in places of employment; and (b) ESD emissions consist of ultrafine particles that are significantly more highly concentrated than particles within conventional tobacco smoke. There is conclusive evidence that most ESDs contain and emit not only nicotine but also many other potentially toxic substances and that ESDs increase airborne concentrations of particulate matter and nicotine in indoor environments. In addition, studies show that people exposed to ESD emissions absorb nicotine at levels comparable to the levels experienced by passive smokers. Many of the elements identified in ESD emissions are known to cause respiratory distress and disease, and ESD exposure damages lung tissues. For example, human lung cells that are exposed to ESD aerosol and flavorings show increased oxidative stress and inflammatory responses. (2) Therefore, the general assembly hereby declares that the purpose of this part 2 is to preserve and improve the health, comfort, and environment of the people of this state by protecting the right of people to breathe clean, smoke-free air. Nothing in this part 2 is intended to inhibit a person's ability to take medicine using an inhaler or similar device, nor to prevent an employer or business owner from making reasonable accommodation for the medical needs of an employee, customer, or other person in accordance with the federal "Americans With Disabilities Act of 1990", as amended, 42 U.S.C. sec. 12101 et seq.
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