Connecticut Seal

General Assembly

File No. 436

    February Session, 2018

Substitute House Bill No. 5289

House of Representatives, April 12, 2018

The Committee on Public Health reported through REP. STEINBERG of the 136th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.

AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S RECOMMENDATIONS REGARDING THE CLEAN INDOOR AIR ACT.

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

Section 1. Section 19a-342 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) As used in this section: [, "smoke"]

(1) "Smoke" or "smoking" means the lighting or carrying of a lighted cigarette, cigar, pipe or similar device;

(2) "Any area" means the interior of the facility, building or establishment and the outside area within twenty-five feet of any doorway, operable window or air intake vent of the facility, building or establishment.

(b) (1) Notwithstanding the provisions of section 31-40q, as amended by this act, no person shall smoke: (A) In any area of a 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] establishment accessed by the general public; (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, 30-37e 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 or the bar area of a bowling establishment holding a permit pursuant to subsection (a) of section 30-37c; (F) [within] in any area of a school building [while school is in session or student activities are being conducted] or on school property; (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; (H) in any area of a dormitory in any public or private institution of higher education; [or] (I) on and after April 1, 2004, in any area of a dog race track or a facility equipped with screens for the simulcasting of off-track betting race programs or jai alai games; or (J) any public housing project, as defined in subsection (b) of section 21a-278a, constructed on or after October 1, 2018. 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] Subdivision (1) of this subsection shall not apply to [(A) correctional facilities; (B) designated smoking areas in psychiatric facilities; (C) public] the following establishments: (A) Public housing projects, as defined in subsection (b) of section 21a-278a, constructed prior to October 1, 2018; [(D)] (B) any classroom 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; (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; (G)] (C) any medical research site where smoking is integral to the research being conducted; or [(H)] (D) any tobacco bar or tobacco specialist, 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, "tobacco specialist" means an establishment engaged in the sale of tobacco products that generates at least seventy-five per cent of its 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.

(3) Any public housing project, as defined in subsection (b) of section 21a-278a, or landlord of a tenement house may include a provision in the rental agreement between the landlord and tenant of the housing project or tenement house to prohibit smoking in the dwelling unit of the housing project or tenement house. For purposes of this subdivision, "dwelling unit", "landlord", "rental agreement", "tenant" and "tenement house" have the same meaning as provided in section 47a-1.

[(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.]

[(d)] (c) 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.

[(e)] (d) 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. Nothing in this section shall be construed to require the person in control of a building to post such signs in every room of a building, provided such signs are posted in a conspicuous place in such building.

[(f)] (e) Nothing in this section shall be construed to require any smoking area [in] inside or outside any building or the entryway to any building.

[(g)] (f) 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 19a-342a of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) As used in this section and section 2 of public act 15-206:

(1) "Any area" means the interior of the facility, building or establishment and the outside area within twenty-five feet of any doorway, operable window or air intake vent of the facility, building or establishment;

[(1)] (2) "Child care facility" means a provider of child care services as defined in section 19a-77, or a person or entity required to be licensed under section 17a-145;

[(2)] (3) "Electronic nicotine delivery system" means an electronic device that may be used to simulate smoking in the delivery of nicotine or other substances to a person inhaling from the device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or electronic hookah and any related device and any cartridge or other component of such device;

[(3)] (4) "Liquid nicotine container" means a container that holds a liquid substance containing nicotine that is sold, marketed or intended for use in an electronic nicotine delivery system or vapor product, except "liquid nicotine container" does not include such a container that is prefilled and sealed by the manufacturer and not intended to be opened by the consumer; and

[(4)] (5) "Vapor product" means any product that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of shape or size, to produce a vapor that may or may not include nicotine, that is inhaled by the user of such product, but shall not include a medicinal or therapeutic product used by a (A) licensed health care provider to treat a patient in a health care setting, or (B) a patient, as prescribed or directed by a licensed health care provider in any setting.

(b) (1) No person shall use an electronic nicotine delivery system or vapor product: (A) In any area of a 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] establishment accessed by the public; (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, 30-22a, 30-22c, 30-26, 30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-37e or 30-37f, in any area of establishment with a permit issued for the sale of alcoholic liquor pursuant to section 30-23 issued after May 1, 2003, or the bar area of a bowling establishment holding a permit pursuant to subsection (a) of section 30-37c; (F) [within] in any area of a school building [while school is in session or student activities are being conducted] or on any school property; (G) within a child care facility, except, if the child care facility is a family child care home as defined in section 19a-77, such use is prohibited only when a child enrolled in such home is present; (H) 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 such use is prohibited by state law;] (I) in any area of a dormitory in any public or private institution of higher education; [or] (J) in any area of a dog race track or a facility equipped with screens for the simulcasting of off-track betting race programs or jai alai games; or (K) any public housing project, as defined in subsection (b) of section 21a-278a, constructed on or after October 1, 2018. 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] Subdivision (1) of this subsection shall not apply to [(A) correctional facilities; (B) designated smoking areas in psychiatric facilities; (C) public] the following establishments: (A) Public housing projects, as defined in subsection (b) of section 21a-278a, constructed prior to October 1, 2018; [(D)] (B) any classroom where a demonstration of the use of an electronic nicotine delivery system or vapor product is taking place as part of a medical or scientific experiment or lesson; [(E)] (C) any medical research site where the use of an electronic nicotine delivery system or vapor product is integral to the research being conducted; [(F) establishments] (D) any establishment without a permit for the sale of alcoholic liquor that [sell] sells electronic nicotine delivery systems, vapor products or liquid nicotine containers on-site and [allow] allows their customers to use such systems, products or containers on-site; [(G) smoking rooms provided by employers for employees, pursuant to section 31-40q; (H) 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 prohibition on the use of an electronic nicotine delivery system or vapor product or the signage requirements of this subparagraph; or (I)] or (E) any tobacco bar, provided no tobacco bar shall expand in size or change its location from its size or location as of October 1, 2015. 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, 2015, 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.

(3) Any public housing project, as defined in subsection (b) of section 21a-278, or landlord of a tenement house may include a provision in the rental agreement between the landlord and tenant of the housing project or tenement house to prohibit the use of electronic nicotine delivery systems or vapor products in the dwelling unit of the housing project or tenement house. For purposes of this subdivision, "dwelling unit", "landlord", "rental agreement", "tenant" and "tenement house" have the same meaning as provided in section 47a-1.

[(c) The operator of a hotel, motel or similar lodging may allow guests to use an electronic nicotine delivery system or vapor product in not more than twenty-five per cent of the rooms offered as accommodations to guests.]

[(d)] (c) In each room, elevator, area or building in which the use of an electronic nicotine delivery system or vapor product 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 such use 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.

[(e)] (d) Any person found guilty of using an electronic nicotine delivery system or vapor product 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. Nothing in this subsection shall be construed to require the person in control of a building to post such signs in every room of a building, provided such signs are posted in a conspicuous place in such building.

[(f)] (e) Nothing in this section shall be construed to require the designation of any area for the use of electronic nicotine delivery system or vapor product [in] inside or outside any building or the entryway to any building or on any property.

[(g)] (f) The provisions of this section shall supersede and preempt the provisions of any municipal law or ordinance relative to the use of an electronic nicotine delivery system or vapor product effective prior to, on or after October 1, 2015.

Sec. 3. Section 31-40q of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(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 employees perform services for their employer. The term "business facility" does not include: (A) Facilities listed in subparagraph (A) [, (C) or (H)] or (D) of subdivision (2) of subsection (b) of section 19a-342, as amended by this act, or subparagraph (D) of subdivision (2) of subsection (b) of section 19a-342a, 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 or the bar area of a bowling establishment holding a permit pursuant to subsection (a) of section 30-37c.

(5) "Smoking" means the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco.

(6) "Electronic nicotine delivery system" has the same meaning as provided in section 19a-342a, as amended by this act.

(7) "Vapor product" has the same meaning as provided in section 19a-342a, as amended by this act.

[(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.]

[(c)] (b) (1) Each employer [with five or more employees] shall prohibit smoking and the use of electronic nicotine delivery systems and vapor products in any area of any business facility under said employer's control. [, except that an employer may designate one or more smoking rooms.] For purposes of this subsection, "any area" means the interior of the facility and the outside area within twenty-five feet of any doorway, operable window or air intake vent of the facility.

(2) Notwithstanding the provisions of subdivision (1) of this subsection, an employer that is a restaurant may permit smoking and the use of electronic nicotine delivery systems and vapor products in the outside area within twenty-five feet of any doorway, operable window or air intake vent of the restaurant.

[(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)] (c) Nothing in this section may be construed to prohibit an employer from designating an entire business facility and the real property on which the business facility is located as a nonsmoking area.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2018

19a-342

Sec. 2

October 1, 2018

19a-342a

Sec. 3

October 1, 2018

31-40q

Statement of Legislative Commissioners:

In Section 3(b), subdivision (2) was added for consistency with other provisions of the bill.

PH

Joint Favorable Subst.

 

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.


OFA Fiscal Note

State Impact: None

Municipal Impact: None

Explanation

This bill, which makes changes to statutes concerning smoking/the use of e-cigarettes/vaping in certain places, is not anticipated to result in a fiscal impact to the state or municipalities.

The Out Years

State Impact: None

Municipal Impact: None

OLR Bill Analysis

sHB 5289

AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S RECOMMENDATIONS REGARDING THE CLEAN INDOOR AIR ACT.

SUMMARY

This bill makes various changes affecting the regulation of smoking and e-cigarettes (i.e., electronic nicotine delivery systems and vapor products) in certain establishments and public areas. Among other things, it:

The bill also narrows current law's exemption from the smoking and e-cigarette ban, thereby prohibiting their use in the following locations: correctional facilities, designated smoking areas in psychiatric facilities, smoking rooms provided by employers, and outdoor portions of places that serve alcohol under certain conditions (e.g., restaurants, cafes, and taverns).

It also eliminates current law's exemption from the smoking and e-cigarette ban for up to 25% of hotel or motel guest rooms. Thus, it appears to allow smoking and e-cigarette use in all guest rooms.

Finally, the bill makes related minor, technical, and conforming changes.

EFFECTIVE DATE: October 1, 2018

1 & 2 — SMOKING AND E-CIGARETTE USE IN CERTAIN ESTABLISHMENTS AND PUBLIC AREAS

Prohibited Locations

Current law prohibits smoking and e-cigarette use in various locations, such as restaurants, health care institutions, and state or municipal buildings. The bill provides that, for purposes of the smoking and e-cigarette ban, “any area” of a facility, building, or establishment includes the area within 25 feet of a doorway, operable window, or air intake vent, in addition to the premise's interior.

The bill adds to and expands the law's prohibited locations by including:

The bill also allows public housing project or tenement house landlords to include a provision in a rental agreement prohibiting smoking or e-cigarette use.

Exemptions

The bill adds “tobacco specialists” to current law's exemptions from the ban on smoking in certain locations, which it defines as businesses that sell tobacco products and generate at least 75% of their annual gross income from on-site tobacco product sales and rental of on-site humidors (i.e., humidity controlled boxes or rooms to store cigars, cigarettes, or pipe tobacco).

The bill also narrows the current exemptions, thereby prohibiting smoking and e-cigarette use in the following locations:

Current law allows establishments serving alcohol where smoking and e-cigarette use is generally prohibited to allow their use in outdoor areas. If they choose to do so, they must prohibit their use in at least 75% of outdoor areas where food is served and designate such areas with a sign. But temporary seating areas for special events in these establishments are not subject to the ban or sign requirements.

Existing law, unchanged by the bill, also exempts from the smoking and e-cigarette ban (1) classrooms during smoking or e-cigarette demonstrations that are part of a medical or scientific experiment or lesson, (2) medical research sites where smoking or e-cigarette use is integral to the research being conducted, and (3) certain tobacco bars.

Signage

By law, the person who controls a building in which smoking and e-cigarette use is prohibited must have a sign posted stating the prohibition. As under existing law's smoking sign requirements, the bill specifies that signs for e-cigarettes are not required to be posted in each room of a building, provided they are posted in conspicuous places.

Current law bans smoking and e-cigarette use in passenger elevators, but prohibits violators from being arrested unless there is a sign posted indicating that it is banned. The bill removes the restriction on arresting such violators of the e-cigarette laws, but not those who use cigarettes in passenger elevators.

3 — EMPLOYEE SMOKING ROOMS

The bill generally bans smoking and e-cigarette use in any area of the workplace, regardless of the number of employees. It applies to both inside the workplace and outside, within 25 feet of a doorway, operable window, or air intake vent. Under current law, an employer:

But the bill allows restaurant employers to permit smoking and e-cigarette use anywhere outside.

Additionally, the bill specifies that it does not prohibit an employer from designating as a non-smoking area the real property on which the business facility is located, in addition to the facility itself as allowed under current law.

COMMITTEE ACTION

Public Health Committee

Joint Favorable Substitute

Yea

25

Nay

1

(03/26/2018)

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