AMENDMENT No. 6 PROPOSED TO
Committee Sub. for SB NO. 2648
By Senator(s) Hewes
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. (a) "Health care facility" means a hospital, nursing facility or other health care facility that is licensed or regulated by the State Department of Health.
(b) "Public conveyance" means buses, taxis, trains, trolleys, boats and other means of public transit when used for public conveyance.
SECTION 2. (1) Smoking is prohibited in all health care facilities and public conveyances in the State of Mississippi
SECTION 3. (1) Every place where smoking is prohibited by this act shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.
(2) All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited by this act by the owner, operator, manager or other person having control of that area.
SECTION 4. The State Board of Health shall adopt and promulgate regulations and penalties regarding the violations of this act not later than ninety (90) days after the effective date of this act.
SECTION 5. Section 29-5-161, Mississippi Code of 1972, is amended as follows:
29-5-161. (1) As used in this section:
(a) "Smoke" or "smoking" means inhaling, exhaling, burning, carrying or otherwise possessing any lighted cigarette, cigar, pipe or any other object or device of any form that contains lighted tobacco or any other smoking product.
(b) "Government building" means the New State Capitol Building, the Woolfolk State Office Building, the Carroll Gartin Justice Building, the Walter Sillers Office Building, the Heber Ladner Building, the Department of Transportation Building, the Robert E. Lee Office Building, the 301 Lamar Street Building, the State Board of Health Building, the Public Employees' Retirement System Building, the Central High Building, the Court of Appeals Building, the War Veterans' Memorial Building, the State Archives Building, the Ike Sanford Veterans Affairs Building, the Old State Capitol Building, the Burroughs Building, the Mayfair Building, 101 Capitol Centre and any other facility in the state that is owned or leased by the State of Mississippi or any agency, department or institution of the state and that is used for housing state employees during the time of performance of their regular duties for the state; any building owned, rented, leased, occupied or operated by the state, including the legislative, executive and judicial branches of state government; any county, municipality or any other political subdivision of the state; any public authority, commission, agency or public benefit corporation; or any other separate corporate instrumentality or unit of state or local government. If only part of a facility is leased by the state or an agency, department or institution of the state, or any county, municipality or other political subdivision of the state, only the leased part of the facility will be considered to be a government building for the purposes of this definition.
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(2) No person shall smoke in any government building * * *.
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(3) The person, agency or entity having jurisdiction or supervision over a government building shall not allow smoking in the government building, * * * and shall use reasonable efforts to prevent smoking in the government building, * * * including, but not limited to, the following:
(a) Posting appropriate signs informing public employees, invitees, guests and other persons that smoking is prohibited in the government building * * *.
(b) Securing the removal of persons who smoke in the government building * * *.
(4) This section expressly preempts to the state the regulation of smoking in government buildings and supersedes any municipal or county ordinance on the subject.
SECTION 6. This act shall take effect and be in force from and after its passage.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO PROHIBIT SMOKING IN GOVERNMENT BUILDINGS, HEALTH CARE FACILITIES AND PUBLIC CONVEYANCES IN THE STATE OF MISSISSIPPI; TO PROVIDE FOR THE POSTING OF NO SMOKING SIGNS; TO DIRECT THE STATE BOARD OF HEALTH TO ADOPT REGULATIONS AND PENALTIES REGARDING VIOLATIONS OF THIS ACT; TO AMEND SECTION 29-5-161, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THERE SHALL BE NO DESIGNATED SMOKING AREAS IN STATE OFFICE BUILDINGS AND TO PROVIDE THAT SMOKING PROHIBITIONS APPLY TO ANY GOVERNMENT BUILDING; AND FOR RELATED PURPOSES.