SB 904 - This act repeals the current Indoor Clean Air Act and enacts new provisions regarding smoking in public places.
This act provides that smoking in all enclosed public places shall be prohibited. The act lists examples of public places and includes restaurants, bars, health care facilities, shopping malls, retails stores, sports arenas, theaters and museums. A public place does not include a private residence unless it is used as a child care, adult day care, or health care facility. Smoking in all enclosed facilities within places of employment such as meeting rooms, employee lounges, private offices, elevators, hallways and cafeterias shall be prohibited. This act also prohibits smoking in outdoor places, including within 15 feet of entrances, windows, bleachers and grandstands of outdoor arenas, public transportation stations and playgrounds. Private residences, tobacco retails stores, at least 20 percent of hotel and motel rooms and certain outdoor areas of places of employment are exempt from the smoking prohibitions.
The Department of Health and Senior Services shall enforce the provisions of this act. No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because such person exercises any rights afforded under or reports any violations of this act. An employee or private citizen may bring legal action to enforce provisions of this act.
Any person smoking in prohibited areas shall be guilty of an infraction and any person who controls a public place or place of employment who fails to comply with the act shall be subject to a fine not to exceed 50 dollars for the first violation and up to a 500 dollar fine for a third or subsequent violation within one year. In addition, such person may have any license issued to such person suspended or revoked.
This act allows political subdivisions or local school boards to enact more stringent ordinances or rules.
This act becomes effective January 2, 2011.
This act is substantially similar to HB 1766 (2010).