Substitute Senate Bill No. 908
Public Act No. 03-45
AN ACT CONCERNING SECONDHAND SMOKE IN WORK PLACES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 19a-342 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):
(a) As used in this section, "smoke" or "smoking" means the lighting or carrying of a lighted cigarette, cigar, pipe or similar device. [and "smoking area" means a separately designated room which (1) need not be entered in order to conduct business; (2) is designated as a smoking area; and (3) when designated as a smoking area does not deprive employees or the public of an existing nonsmoking lounge or waiting area. The primary purpose of a smoking area is to provide a place for persons to smoke, while minimizing smoke in all other areas of the building. Persons in charge of public or other buildings shall not be required to make any expenditures or structural changes to create a smoking area.
(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; (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, 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. ]
(b) (1) Notwithstanding the provisions of section 31-40q, as amended by this act, no person shall smoke: (A) In any building or portion of a building owned and operated or leased and operated by the state or any political subdivision thereof; (B) in any area of a health care institution; (C) in any area of a retail food store; (D) in any restaurant; (E) in any area of an establishment with a permit issued for the sale of alcoholic liquor pursuant to section 30-20a, 30-21, 30-21b, 30-22, 30-22c, 30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-37c, 30-37e or 30-37f, in any area of an establishment with a permit for the sale of alcoholic liquor pursuant to section 30-23 issued after May 1, 2003, and, on and after April 1, 2004, in any area of an establishment with a permit issued for the sale of alcoholic liquor pursuant to section 30-22a or 30-26; (F) within a school building while school is in session or student activities are being conducted; (G) in any passenger elevator, provided no person shall be arrested for violating this subsection unless there is posted in such elevator a sign which indicates that smoking is prohibited by state law; or (H) in any dormitory in any public or private institution of higher education. For purposes of this subsection, "restaurant" means space, in a suitable and permanent building, kept, used, maintained, advertised and held out to the public to be a place where meals are regularly served to the public.
(2) This section shall not apply to (A) correctional facilities; (B) designated smoking areas in psychiatric facilities; (C) public housing projects, as defined in subsection (b) of section 21a-278a; (D) classrooms where demonstration smoking is taking place as part of a medical or scientific experiment or lesson; (E) smoking rooms provided by employers for employees, pursuant to section 31-40q, as amended by this act; (F) notwithstanding the provisions of subparagraph (E) of subdivision (1) of this subsection, the outdoor portion of the premises of any permittee listed in subparagraph (E) of subdivision (1) of this subsection, provided, in the case of any seating area maintained for the service of food, at least seventy-five per cent of the outdoor seating capacity is an area in which smoking is prohibited and which is clearly designated with written signage as a nonsmoking area, except that any temporary seating area established for special events and not used on a regular basis shall not be subject to the smoking prohibition or signage requirements of this subparagraph; or (G) any tobacco bar, provided no tobacco bar shall expand in size or change its location from its size or location as of December 31, 2002. For purposes of this subdivision, "outdoor" means an area which has no roof or other ceiling enclosure, "tobacco bar" means an establishment with a permit for the sale of alcoholic liquor to consumers issued pursuant to chapter 545 that, in the calendar year ending December 31, 2002, generated ten per cent or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors, and "tobacco product" means any substance that contains tobacco, including, but not limited to, cigarettes, cigars, pipe tobacco or chewing tobacco.
(c) The operator of a hotel, motel or similar lodging may allow guests to smoke in not more than twenty-five per cent of the rooms offered as accommodations to guests.
[(c)] (d) In each room, elevator, area or building in which smoking is prohibited by this section, the person in control of the premises shall post or cause to be posted in a conspicuous place signs stating that smoking is prohibited by state law. Such signs, except in elevators, restaurants, establishments with permits to sell alcoholic liquor to consumers issued pursuant to chapter 545, hotels, motels or similar lodgings, and health care institutions, shall have letters at least four inches high with the principal strokes of letters not less than one-half inch wide.
[(d)] (e) Any person found guilty of smoking in violation of this section, failure to post signs as required by this section or the unauthorized removal of such signs shall have committed an infraction.
[(e)] (f) Nothing in this section shall be construed to require any smoking area in any building.
[(f)] (g) The provisions of this section shall supersede and preempt the provisions of any municipal law or ordinance relative to smoking effective prior to, on or after October 1, 1993.
Sec. 2. Section 31-40q of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):
(a) As used in this section:
(1) "Person" means one or more individuals, partnerships, associations, corporations, limited liability companies, business trusts, legal representatives or any organized group of persons.
(2) "Employer" means a person engaged in business who has employees, including the state and any political subdivision thereof.
(3) "Employee" means any person engaged in service to an employer in the business of his employer.
(4) "Business facility" means a structurally enclosed location or portion thereof at which [twenty or more] employees perform services for their employer. The term "business facility" shall not include: (A) Facilities listed in subparagraph (A), (C) or (G) of subdivision (2) of subsection (b) of section 19a-342, as amended by this act; (B) any establishment with a permit for the sale of alcoholic liquor pursuant to section 30-23 issued on or before May 1, 2003; (C) for any business that is engaged in the testing or development of tobacco or tobacco products, the areas of such business designated for such testing or development; or (D) during the period from October 1, 2003, to April 1, 2004, establishments with a permit issued for the sale of alcoholic liquor pursuant to section 30-22a or 30-26.
(5) "Smoking" means the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco.
(b) Each employer with fewer than five employees in a business facility shall establish one or more work areas, sufficient to accommodate nonsmokers who request to utilize such an area, within each business facility under his control, where smoking is prohibited. The employer shall clearly designate the existence and boundaries of each nonsmoking area by posting signs which can be readily seen by employees and visitors. In the areas within the business facility where smoking is permitted, existing physical barriers and ventilation systems shall be used to the extent practicable to minimize the effect of smoking in adjacent nonsmoking areas. [Nothing in this section may be construed to prohibit an employer from designating an entire business facility as a nonsmoking area.
(c) The Labor Commissioner may exempt any employer from the provisions of this section if he finds that (1) the employer made a good faith effort to comply with the provisions of this section and (2) any further requirement to so comply would constitute an unreasonable financial burden on the employer. ]
(c) (1) Each employer with five or more employees shall prohibit smoking in any business facility under said employer's control, except that an employer may designate one or more smoking rooms.
(2) Each employer that provides a smoking room pursuant to this subsection shall provide sufficient nonsmoking break rooms for nonsmoking employees.
(3) Each smoking room designated by an employer pursuant to this subsection shall meet the following requirements: (A) Air from the smoking room shall be exhausted directly to the outside by an exhaust fan, and no air from such room shall be recirculated to other parts of the building; (B) the employer shall comply with any ventilation standard adopted by (i) the Commissioner of Labor pursuant to chapter 571, (ii) the United States Secretary of Labor under the authority of the Occupational Safety and Health Act of 1970, as from time to time amended, or (iii) the federal Environmental Protection Agency; (C) such room shall be located in a nonwork area, where no employee, as part of his or her work responsibilities, is required to enter, except such work responsibilities shall not include any custodial or maintenance work carried out in the smoking room when it is unoccupied; and (D) such room shall be for the use of employees only.
(d) Nothing in this section may be construed to prohibit an employer from designating an entire business facility as a nonsmoking area.
Sec. 3. Section 31-40s of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):
(a) No employer or agent of any employer shall require, as a condition of employment, that any employee or prospective employee refrain from smoking or using tobacco products outside the course of his employment, or otherwise discriminate against any individual with respect to compensation, terms, conditions or privileges of employment for smoking or using tobacco products outside the course of his employment, provided any nonprofit organization or corporation whose primary purpose is to discourage use of tobacco products by the general public shall be exempt from the provisions of this section.
(b) Nothing contained in this section shall be construed to affect (1) the provisions of [sections 31-40q and 31-40r] section 31-40q, as amended by this act, (2) municipal hiring practices involving paid firefighters and paid police officers, and (3) any collective bargaining agreement between a municipality and paid firefighters or paid police officers.
Sec. 4. (Effective October 1, 2003) Section 31-40r of the general statutes is repealed.
Approved May 23, 2003