MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Public Health and Welfare

By: Representatives Clarke, Barnett (92nd), Compretta, Fleming, Fillingane, Fredericks, Green, Martinson, Myers, Reeves, Robinson (63rd), Scott (17th), Scott (80th), Smith (39th), Stevens, Straughter, Thomas, Robertson

AN ACT TO PROHIBIT SMOKING IN STATE OFFICE BUILDINGS EXCEPT IN DESIGNATED SMOKING AREAS; 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, 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) "State office 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 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. 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 except in enclosed private offices and designated areas of employee break areas.

(3) The person, agency or entity having jurisdiction or supervision over a state office building shall:

(a) Designate the areas in the building that will be designated smoking areas;

(b) Conspicuously display signs that designate both smoking and nonsmoking areas, except that signs are not required in private offices; and

(c) Make every reasonable effort to prevent designated smoking areas from impinging upon nonsmoking areas by the use of existing physical barriers and ventilation systems.

(4) The person, agency or entity having jurisdiction or supervision over a state office building shall not allow smoking in the state office building, except in enclosed private offices and designated smoking areas, and shall use reasonable efforts to prevent smoking in the state office building, except in enclosed private offices and designated smoking areas, 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, except in enclosed private offices and designated smoking areas.

(b) Securing the removal of persons who smoke in the state office building, except in enclosed private offices and designated smoking areas.

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

(6) 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.

(7) Any person, agency or entity having jurisdiction or supervision over a state office building that allows smoking in the state office building, except in enclosed private offices and designated smoking areas, or fails to employ the efforts prescribed in subsection (4) of this section to prevent smoking in the state office building, except in enclosed private offices and designated smoking areas, shall be subject to a civil penalty of not more than One Hundred Dollars ($100.00) for each violation.

(8) 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.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.