Connecticut Seal

Substitute House Bill No. 5290

Public Act No. 02-110

AN ACT CONCERNING SMOKING IN DORMITORIES OF PUBLIC INSTITUTIONS OF HIGHER EDUCATION.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (b) of section 19a-342 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2003):

(b) No person shall smoke: (1) In any building or portion of a building owned or leased and operated by the state or any political subdivision thereof except in a smoking area; (2) in any area of a health care institution other than a smoking area, provided the smoking area may not be the institution's only waiting area, and notice shall be posted at entrances to such institutions that smoking is prohibited by state law; (3) in any area of a retail food store open to the general public; (4) in any public area of a restaurant having a seating capacity of seventy-five or more persons, unless a sign is posted which indicates that smoking is permitted in such area, provided (i) no such restaurant shall be designated, in its entirety, as a smoking area, (ii) smoking may be prohibited in rooms used for private social functions, and (iii) a sign is posted at the entrance of the restaurant indicating the availability of nonsmoking areas; (5) notwithstanding the provisions of section 31-40q, within a public school building while school is in session or student activities are being conducted; [and] (6) in any passenger elevator, provided no person shall be arrested for violating this subsection unless there is posted in such room or elevator a sign which indicates that smoking is prohibited by state law; and (7) in any dormitory in any public institution of higher education. This subsection shall not apply to correctional facilities, [dormitory rooms in any public institution of higher education,] psychiatric facilities, public housing projects as defined in subsection (b) of section 21a-278a or classrooms where demonstration smoking is taking place as part of a medical or scientific experiment or lesson.

Approved June 7, 2002