MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary

By: Senator(s) Nunnelee

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

SECTION 1. Title.

This act shall be known as the Mississippi Clean Indoor Air Act.

SECTION 2. Definitions.

The following words and phrases, whenever used in this act, shall be construed as defined in this section:

(a) "Employee" means any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services.

(b) "Employer" means any person, partnership, corporation, including a municipal corporation, or nonprofit entity, which employs the services of one or more individual persons.

(c) "Enclosed area" means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar structures.

(d) "Government building" means any building owned, rented, leased, occupied or operated by the state, including the legislative, executive and judicial branches of state government; any county, city, town, or village 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.

(e) "Public conveyance" means buses, taxicabs, trains, trolleys, boats and other means of public transit when used for public conveyance.

(f) "Public meeting" means all meetings open to the public unless held in private residence.

SECTION 3. Application to State Facilities.

All enclosed facilities owned by the State of Mississippi shall be subject to the provisions of this act.

SECTION 4. Prohibition of Smoking in Certain Public Places.

(1) Tobacco use shall be prohibited in the following places:

(a) Elevators.

(b) Restrooms, lobbies, reception areas, hallways and any other common-use areas.

(c) Buses, taxicabs and other means of public conveyance.

(d) Every room, chamber, public meeting or public assembly in all government buildings.

(e) Waiting rooms, hallways, wards and semiprivate rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices, dentists offices, personal care homes, hospices and birthing facilities.

(f) Indoor lobbies, hallways and other common areas in retirement facilities and nursing homes.

(g) Pursuant to the federal Pro Children Act of 1994, any school facility that receives federal funds.

(h) Any child care facility as defined in Section 43-20-5, Mississippi Code of 1972.

(i) Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment or facility may declare that entire establishment or facility as a non-smoking establishment.

SECTION 5. Prohibition of Smoking in Places of Employment.

Employers electing to come under paragraph (i) of Section 4 of this act are not required to incur any expense to make structural or other physical modifications.

SECTION 6. Reasonable Distances.

Smoking shall not occur within ten (10) feet of any entrance to a building or passageway outside any enclosed area that is subject to paragraph (i) of Section 4 of this act.

SECTION 7. Posting of Signs.

(1) Every public 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 such area.

SECTION 8. Enforcement.

(1) Enforcement of this act shall be implemented by any municipality, county and state licensing or regulatory agencies.

(2) Any municipality, county or state licensing or regulatory agency shall require, while an establishment is undergoing otherwise mandated inspections, licensing or certification, a "self-certification" from the owner, manager, operator or other person having control of such establishment that all requirements of this act have been complied with.

(3) Municipal, county and state licensing or regulatory agencies are authorized to adopt all regulations necessary to enforce the provisions of this act.

SECTION 9. Non-retaliation.

No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment or customer because such employee, applicant or customer exercises any right to a smoke-free environment afforded by this act.

SECTION 10. Other Applicable Laws.

This act shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

SECTION 11. Severability.

If any provision, clause, sentence or paragraph of this act or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

SECTION 12. This act shall take effect and be in force from and after its passage.