MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary

By: Senator(s) Nunnelee

AN ACT TO PROHIBIT SMOKING IN STATE OFFICE BUILDINGS; TO PROVIDE CIVIL PENALTIES FOR VIOLATIONS OF THE ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) As used in this section:

(a) "Smoke" or "smoking" means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe or any form of lighted object or device that contains tobacco or any other smoking product.

(b) "State office building" means the New Capitol Building, the Woolfolk State Office Building, the Carroll Gartin Justice Building, the Walter Sillers Office Building, the Heber Ladner Building, the Robert E. Lee Office Building, the 301 Building, the State Board of Health Building, the Public Employees' Retirement System Building, the Central High Building, the War Veterans' Memorial Building, the State Archives Building, the Ike Sanford Veterans Affairs Building, the Old Capitol Building 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. If only part of a facility is leased by the state or an agency, department or institution of the state, only the leased part of the facility will be considered to be a state office building for the purposes of this definition.

(2) No person shall smoke in any state office building.

(3) The person, agency or entity having jurisdiction or supervision over a state office building shall not permit smoking in the state office building and shall use reasonable efforts to prevent smoking in the state office building, including, but not limited to, the following:

(a) Posting appropriate signs informing state employees, invitees, guests and other persons that smoking is prohibited in the state office building.

(b) Securing the removal of persons who smoke in the state office building.

(4) Pursuant to its regulatory authority, the State Department of Health shall periodically conduct inspections of state office buildings for compliance with this section.

(5) Any person who violates subsection (2) of this section shall be subject to a civil penalty of not more than One Hundred Dollars ($100.00) for each violation.

(6) Any person, agency or entity having jurisdiction or supervision over a state office building that permits smoking in the state office building or fails to employ the efforts prescribed in subsection (3) of this section to prevent smoking in the state office building shall be subject to a civil penalty of not more than One Hundred Dollars ($100.00) for each violation.

(7) This section expressly preempts to the state the regulation of smoking in state office buildings and supersedes any municipal or county ordinance on the subject to the extent that such ordinance is less prohibitive than the provisions of this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.