House Bill 123

AN ACT TO CREATE THE MISSISSIPPI CLEAN INDOOR AIR ACT; TO PROVIDE DEFINITIONS OF CERTAIN TERMS; TO PROHIBIT SMOKING IN ALL ENCLOSED PUBLIC PLACES AND ALL ENCLOSED FACILITIES WITHIN PLACES OF EMPLOYMENT IN THE STATE OF MISSISSIPPI; TO EXEMPT CERTAIN AREAS FROM THE PROVISIONS OF THIS ACT; TO PROVIDE THAT ALL STATE, COUNTY AND MUNICIPAL LICENSING OR REGULATORY AGENCIES SHALL ENFORCE THIS ACT; TO PROVIDE THAT A PERSON OR AN EMPLOYER SHALL NOT DISCHARGE, REFUSE TO HIRE OR IN ANY MANNER RETALIATE AGAINST ANY EMPLOYEE, APPLICANT FOR EMPLOYMENT OR CUSTOMER BECAUSE THAT PERSON EXERCISES ANY RIGHT UNDER THIS ACT; TO AUTHORIZE MUNICIPALITIES TO ADOPT ORDINANCES REGULATING OR PROHIBITING SMOKING WITHIN THE MUNICIPALITY, AS LONG AS THE ORDINANCE IS AT LEAST AS RESTRICTIVE AS THE PROVISIONS OF THIS ACT; TO PROVIDE THAT ANY MUNICIPALITY THAT HAS ADOPTED SUCH AN ORDINANCE IS EXEMPT FROM THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known and may be cited as the "Mississippi Clean Indoor Air Act."

SECTION 2. (1) The State of Mississippi finds that numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke is a cause of disease, including lung cancer, in nonsmokers. At special risk are children, elderly people, individuals with cardiovascular disease and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease.

(2) Health hazards induced by breathing secondhand smoke include lung cancer, heart disease, respiratory infection and decreased respiratory function, including bronchoconstriction and bronchospasm.

(3) Accordingly, the State of Mississippi finds and declares that the purposes of this act are:

(a) To protect the public health and welfare by prohibiting smoking in public places and places of employment;

(b) To guarantee the right of nonsmokers to breathe smoke-free air in public places and places of employment; and

(c) To recognize that the need to breathe smoke-free air shall have priority over the desire to smoke in public places and places of employment.

SECTION 3. The following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:

(a) "Bar" means an area that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages. The term "bar" does not include any establishment where tobacco smoke can filter into any area where smoking is prohibited through a passageway, ventilation system or any other means.

(b) "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. (c) "Employer" means any person, partnership, corporation or nonprofit entity that employs the services of one or more individual persons.

(d) "Enclosed area" means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, excluding doors or passageways, that extend from the floor to the ceiling, including all space therein screened by partitions that do not extend to the ceiling or are not solid, office landscaping or similar structures.

(e) "Government building" means any building owned, rented, leased, occupied or operated by 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. The term "government building" does not include state office buildings as defined in Section 29-5-161.

(f) "Place of employment" means any enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and classrooms, employee cafeterias and hallways. A private residence is not a "place of employment" unless it is used as a child care facility, as defined in Section 43-20-5, adult day care or health care facility as licensed or regulated by the State Department of Health.

(g) "Public place" means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, government buildings, financial institutions, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, retail food production and marketing establishments, retail service establishments, retail stores, theaters, sports arenas and convention centers. A private residence is not a "public place."

(h) "Restaurant" means any coffee shop, cafeteria, sandwich stand, private or public school cafeteria, or any other eating establishment that gives or offers for sale food to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities. The term "restaurant" does not include a cocktail lounge or tavern if the cocktail lounge or tavern is a "bar" as defined in this section.

(i) "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

(j) "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.

(k) "Sports arena" means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in or witness physical exercise, athletic competition or other sports entertainment events.

SECTION 4. (1) Smoking is prohibited in all enclosed public places in the State of Mississippi.

(2) Smoking is prohibited in all enclosed facilities within a place of employment. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, and all other enclosed facilities.

SECTION 5. (1) Notwithstanding any other provision of this act to the contrary, the following areas are not subject to the provisions of this act:

(a) Private residences, except when used as a licensed child care facility.

(b) Private clubs and associations.

(d) Retail tobacco stores.

(e) Restaurants.

(f) Bars.

(g) Dance clubs.

(h) Adult entertainment establishments.

(i) Casinos and other gaming establishments licensed by the Mississippi Gaming Commission.

(2) Any owner, operator, manager or other person who controls any establishment described in this section may impose restrictions on smoking, including the prohibition of smoking, in the establishment.

SECTION 6. (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 the area.

SECTION 7. (1) This act shall be enforced by all state, county and municipal licensing or regulatory agencies.

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

(3) Any state, county or municipal licensing or regulatory agency may adopt all regulations necessary to enforce the provisions of this act.

(4) In addition to enforcement by licensing and regulatory agencies, private citizens may bring legal action to enforce this act.

SECTION 8. A person or employer shall not discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment or customer because the employee, applicant or customer exercises any right to a smoke-free environment afforded by this act.

SECTION 9. This act shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

SECTION 10. Any municipality may adopt an ordinance to regulate or prohibit smoking within the municipality, as long as the ordinance is at least as restrictive as the provisions of this act. Any municipality that has adopted such an ordinance, whether it was adopted before or after the effective date of this act, is exempt from the provisions of this act.

SECTION 11. This act shall take effect and be in force from and after its passage.