House Bill 1259

AN ACT TO AMEND SECTION 29-5-161, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE UNIVERSITY OF MISSISSIPPI MEDICAL CENTER MAY BE DESIGNATED AS A NONSMOKING FACILITY, AND SHALL NOT BE REQUIRED TO DESIGNATE SMOKING AREAS IN ANY BUILDING UNDER ITS JURISDICTION; AND FOR RELATED PURPOSES.

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

SECTION 1. 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) "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 Department of Transportation Building, the Robert E. Lee Office Building, the Robert G. Clark, Jr., 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.

(c) "Designated smoking area" means any area or areas specifically designated, by the person, agency or entity having jurisdiction or supervision over a state office building, for the act of smoking, and shall be limited to one or more of the following areas:

(i) Enclosed private offices;

(ii) Designated employee break areas; and

(iii) Designated outdoor areas on the property.

(2) No person shall smoke in any state office building except as provided in this section.

(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, except in those buildings specified in subsection (4) of this section;

(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 Mississippi Department of Archives and History shall not be required to designate smoking areas in any building under its jurisdiction. In addition, the University of Mississippi Medical Center may be designated as a nonsmoking facility, and shall not be required to designate smoking areas in any building under its jurisdiction.

(5) 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 designated smoking areas, and shall use reasonable efforts to prevent smoking in the state office building, except in 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 designated smoking areas.

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

(6) 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, 2005.