Connecticut 2020 Regular Session

Connecticut Senate Bill SB00078 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 1158 1 of 12
4	4
5	5	General Assembly Raised Bill No. 78
6	6	February Session, 2020
7	7	LCO No. 1158
8	8
9	9
10	10	Referred to Committee on PUBLIC HEALTH
11	11
12	12
13	13	Introduced by:
14	14	(PH)
15	15
16	16
17	17
18	18
19	19	AN ACT CONCERNING TH E DEPARTMENT OF PUBL IC HEALTH'S
20	20	RECOMMENDATIONS REGA RDING THE CLEAN INDOOR AIR ACT .
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Section 19a-342 of the 2020 supplement to the general 1
25	25	statutes is repealed and the following is substituted in lieu thereof 2
26	26	(Effective October 1, 2020): 3
27	27	(a) As used in this section: [, "smoke"] 4
28	28	(1) "Smoke" or "smoking" means the [lighting or carrying] burning of 5
29	29	a lighted cigarette, cigar, pipe or any other similar device; [.] and 6
30	30	(2) "Any area" means the interior of the facility, building or 7
31	31	establishment and the outside area within twenty-five feet of any 8
32	32	doorway, operable window or air intake vent of the facility, building or 9
33	33	establishment. 10
34	34	(b) (1) Notwithstanding the provisions of section 31-40q, as amended 11
35	35	by this act, no person shall smoke: (A) In any area of a building or 12
36	36	portion of a building, partially enclosed shelter on a rail platform or bus 13
37	37	Raised Bill No. 78
38	38
39	39
40	40
41	41	LCO No. 1158 2 of 12
42	42
43	43	shelter owned and operated or leased and operated by the state or any 14
44	44	political subdivision thereof; (B) in any area of a health care institution, 15
45	45	including, but not limited to, a psychiatric facility; (C) in any area of a 16
46	46	retail [food store] establishment accessed by the general public; (D) in 17
47	47	any restaurant; (E) in any area of an establishment with a permit issued 18
48	48	for the sale of alcoholic liquor pursuant to section 30-20a, 30-21, 30-21b, 19
49	49	30-22, 30-22c, 30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-37e or 30-20
50	50	37f, in any area of an establishment with a permit for the sale of alcoholic 21
51	51	liquor pursuant to section 30-23 issued after May 1, 2003, and, on and 22
52	52	after April 1, 2004, in any area of an establishment with a permit issued 23
53	53	for the sale of alcoholic liquor pursuant to section 30-22a or 30-26 or the 24
54	54	bar area of a bowling establishment holding a permit pursuant to 25
55	55	subsection (a) of section 30-37c; (F) [within] in any area of a school 26
56	56	building or on the grounds of such school; (G) within a child care facility 27
57	57	or on the grounds of such child care facility, except, if the child care 28
58	58	facility is a family child care home, as defined in section 19a-77, such 29
59	59	smoking is prohibited only when a child enrolled in such home is 30
60	60	present; (H) in any passenger elevator; [, provided no person shall be 31
61	61	arrested for violating this subsection unless there is posted in such 32
62	62	elevator a sign which indicates that smoking is prohibited by state law;] 33
63	63	(I) in any area of a dormitory in any public or private institution of 34
64	64	higher education; [or] (J) [on and after April 1, 2004,] in any area of a 35
65	65	dog race track or a facility equipped with screens for the simulcasting of 36
66	66	off-track betting race programs or jai alai games; or (K) in any room 37
67	67	offered as an accommodation to guests by the operator of a hotel, motel 38
68	68	or similar lodging. For purposes of this subsection, "restaurant" means 39
69	69	space, in a suitable and permanent building, kept, used, maintained, 40
70	70	advertised and held out to the public to be a place where meals are 41
71	71	regularly served to the public, "school" has the same meaning as 42
72	72	provided in section 10-154a and "child care facility" has the same 43
73	73	meaning as provided in section 19a-342a, as amended by this act. 44
74	74	(2) [This section] Subdivision (1) of this subsection shall not apply to 45
75	75	[(A) correctional facilities; (B) designated smoking areas in psychiatric 46
76	76	Raised Bill No. 78
77	77
78	78
79	79
80	80	LCO No. 1158 3 of 12
81	81
82	82	facilities; (C) public] the following: (A) Public housing projects, as 47
83	83	defined in subsection (b) of section 21a-278a; [(D)] (B) any classroom 48
84	84	where demonstration smoking is taking place as part of a medical or 49
85	85	scientific experiment or lesson; [(E) smoking rooms provided by 50
86	86	employers for employees, pursuant to section 31-40q; (F)] (C) 51
87	87	notwithstanding the provisions of subparagraph (E) of subdivision (1) 52
88	88	of this subsection, the outdoor portion of the premises of any permittee 53
89	89	listed in subparagraph (E) of subdivision (1) of this subsection, 54
90	90	provided, in the case of any seating area maintained for the service of 55
91	91	food, at least seventy-five per cent of the outdoor seating capacity is an 56
92	92	area in which smoking is prohibited and which is clearly designated 57
93	93	with written signage as a nonsmoking area, except that any temporary 58
94	94	seating area established for special events and not used on a regular 59
95	95	basis shall not be subject to the smoking prohibition or signage 60
96	96	requirements of this subparagraph; [(G)] (D) any medical research site 61
97	97	where smoking is integral to the research being conducted; or [(H)] (E) 62
98	98	any tobacco bar or tobacco specialist, provided no tobacco bar shall 63
99	99	expand in size or change its location from its size or location as of 64
100	100	December 31, 2002. For purposes of this subdivision, "outdoor" means 65
101	101	an area which has no roof or other ceiling enclosure, "tobacco bar" 66
102	102	means an establishment with a permit for the sale of alcoholic liquor to 67
103	103	consumers issued pursuant to chapter 545 that, in the calendar year 68
104	104	ending December 31, 2002, generated ten per cent or more of its total 69
105	105	annual gross income from the on-site sale of tobacco products and the 70
106	106	rental of on-site humidors, [and] "tobacco product" means any 71
107	107	substance that contains tobacco, including, but not limited to, cigarettes, 72
108	108	cigars, pipe tobacco or chewing tobacco, and "tobacco specialist" means 73
109	109	an establishment engaged in the sale of tobacco products that generates 74
110	110	at least seventy-five per cent of its annual gross income from the on-site 75
111	111	sale of tobacco products and the rental of on-site humidors. 76
112	112	[(c) The operator of a hotel, motel or similar lodging may allow guests 77
113	113	to smoke in not more than twenty-five per cent of the rooms offered as 78
114	114	accommodations to guests.] 79
115	115	Raised Bill No. 78
116	116
117	117
118	118
119	119	LCO No. 1158 4 of 12
120	120
121	121	[(d)] (c) In each room, elevator, area or building in which smoking is 80
122	122	prohibited by this section, the person in control of the premises shall 81
123	123	post or cause to be posted in a conspicuous place signs stating that 82
124	124	smoking is prohibited by state law. Such signs, except in elevators, 83
125	125	restaurants, establishments with permits to sell alcoholic liquor to 84
126	126	consumers issued pursuant to chapter 545, hotels, motels or similar 85
127	127	lodgings, and health care institutions, shall have letters at least four 86
128	128	inches high with the principal strokes of letters not less than one-half 87
129	129	inch wide. 88
130	130	[(e)] (d) Any person found guilty of smoking in violation of this 89
131	131	section, failure to post signs as required by this section or the 90
132	132	unauthorized removal of such signs shall have committed an infraction. 91
133	133	Nothing in this section shall be construed to require the person in 92
134	134	control of a building to post such signs in every room of [a] the building, 93
135	135	provided such signs are posted in a conspicuous place in [such] the 94
136	136	building. 95
137	137	[(f)] (e) Nothing in this section shall be construed to require any 96
138	138	smoking area [in] inside or outside any building or the entryway to any 97
139	139	building or on any property. 98
140	140	[(g) The provisions of this section shall supersede and preempt the 99
141	141	provisions of any municipal law or ordinance relative to smoking 100
142	142	effective prior to, on or after October 1, 1993.] 101
143	143	Sec. 2. Section 19a-342a of the 2020 supplement to the general statutes 102
144	144	is repealed and the following is substituted in lieu thereof (Effective 103
145	145	October 1, 2020): 104
146	146	(a) As used in this section: [and section 2 of public act 15-206:] 105
147	147	(1) "Any area" means the interior of the facility, building or 106
148	148	establishment and the outside area within twenty-five feet of any 107
149	149	doorway, operable window or air intake vent of the facility, building or 108
150	150	establishment; 109
151	151	Raised Bill No. 78
152	152
153	153
154	154
155	155	LCO No. 1158 5 of 12
156	156
157	157	[(1)] (2) "Child care facility" means a provider of child care services as 110
158	158	defined in section 19a-77, or a person or entity required to be licensed 111
159	159	under section 17a-145; 112
160	160	[(2)] (3) "Electronic nicotine delivery system" [has the same meaning 113
161	161	as provided in section 21a-415;] means an electronic device used in the 114
162	162	delivery of nicotine or other substances to a person inhaling from the 115
163	163	device, and includes, but is not limited to, an electronic cigarette, 116
164	164	electronic cigar, electronic cigarillo, electronic pipe or electronic hookah 117
165	165	and any related device and any cartridge or other component of such 118
166	166	device, including, but not limited to, electronic cigarette liquid; 119
167	167	[(3)] (4) "Liquid nicotine container" means a container that holds a 120
168	168	liquid substance containing nicotine that is sold, marketed or intended 121
169	169	for use in an electronic nicotine delivery system or vapor product, 122
170	170	except "liquid nicotine container" does not include such a container that 123
171	171	is prefilled and sealed by the manufacturer and not intended to be 124
172	172	opened by the consumer; and 125
173	173	[(4)] (5) "Vapor product" [has the same meaning as provided in 126
174	174	section 21a-415] means any product that employs a heating element, 127
175	175	power source, electronic circuit or other electronic, chemical or 128
176	176	mechanical means, regardless of shape or size, to produce a vapor that 129
177	177	may include nicotine and is inhaled by the user of such product. "Vapor 130
178	178	product" does not include a medicinal or therapeutic product that is (A) 131
179	179	used by a licensed health care provider to treat a patient in a health care 132
180	180	setting, (B) used by a patient, as prescribed or directed by a licensed 133
181	181	health care provider in any setting, or (C) any drug or device, as defined 134
182	182	in the federal Food, Drug and Cosmetic Act, 21 USC 321, as amended 135
183	183	from time to time, any combination product, as described in said act, 21 136
184	184	USC 353(g), as amended from time to time, or any biological product, as 137
185	185	defined in 42 USC 262, as amended from time to time, and 21 CFR 600.3, 138
186	186	as amended from time to time, authorized for sale by the United States 139
187	187	Food and Drug Administration. 140
188	188	Raised Bill No. 78
189	189
190	190
191	191
192	192	LCO No. 1158 6 of 12
193	193
194	194	(b) (1) No person shall use an electronic nicotine delivery system or 141
195	195	vapor product: (A) In any area of a building or portion of a building 142
196	196	owned and operated or leased and operated by the state or any political 143
197	197	subdivision thereof; (B) in any area of a health care institution, 144
198	198	including, but not limited to, a psychiatric facility; (C) in any area of a 145
199	199	retail [food store] establishment accessed by the public; (D) in any 146
200	200	restaurant; (E) in any area of an establishment with a permit issued for 147
201	201	the sale of alcoholic liquor pursuant to section 30-20a, 30-21, 30-21b, 30-148
202	202	22, 30-22a, 30-22c, 30-26, 30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-149
203	203	37e or 30-37f, in any area of establishment with a permit issued for the 150
204	204	sale of alcoholic liquor pursuant to section 30-23 issued after May 1, 151
205	205	2003, or the bar area of a bowling establishment holding a permit 152
206	206	pursuant to subsection (a) of section 30-37c; (F) [within] in any area of a 153
207	207	school building or on the grounds of such school; (G) within a child care 154
208	208	facility or on the grounds of such child care facility, except, if the child 155
209	209	care facility is a family child care home as defined in section 19a-77, such 156
210	210	use is prohibited only when a child enrolled in such home is present; 157
211	211	(H) in any passenger elevator; [, provided no person shall be arrested 158
212	212	for violating this subsection unless there is posted in such elevator a sign 159
213	213	which indicates that such use is prohibited by state law;] (I) in any area 160
214	214	of a dormitory in any public or private institution of higher education; 161
215	215	[or] (J) in any area of a dog race track or a facility equipped with screens 162
216	216	for the simulcasting of off-track betting race programs or jai alai games; 163
217	217	or (K) in any room offered as an accommodation to guests by the 164
218	218	operator of a hotel, motel or similar lodging. For purposes of this 165
219	219	subsection, "restaurant" means space, in a suitable and permanent 166
220	220	building, kept, used, maintained, advertised and held out to the public 167
221	221	to be a place where meals are regularly served to the public, and "school" 168
222	222	has the same meaning as provided in section 10-154a. 169
223	223	(2) [This section] Subdivision (1) of this subsection shall not apply to 170
224	224	[(A) correctional facilities; (B) designated smoking areas in psychiatric 171
225	225	facilities; (C) public] the following: (A) Public housing projects, as 172
226	226	defined in subsection (b) of section 21a-278a; [(D)] (B) any classroom 173
227	227	Raised Bill No. 78
228	228
229	229
230	230
231	231	LCO No. 1158 7 of 12
232	232
233	233	where a demonstration of the use of an electronic nicotine delivery 174
234	234	system or vapor product is taking place as part of a medical or scientific 175
235	235	experiment or lesson; [(E)] (C) any medical research site where the use 176
236	236	of an electronic nicotine delivery system or vapor product is integral to 177
237	237	the research being conducted; [(F)] (D) establishments without a permit 178
238	238	for the sale of alcoholic liquor that sell electronic nicotine delivery 179
239	239	systems, vapor products or liquid nicotine containers on-site and allow 180
240	240	their customers to use such systems, products or containers on-site; [(G) 181
241	241	smoking rooms provided by employers for employees, pursuant to 182
242	242	section 31-40q; (H)] (E) notwithstanding the provisions of subparagraph 183
243	243	(E) of subdivision (1) of this subsection, the outdoor portion of the 184
244	244	premises of any permittee listed in subparagraph (E) of subdivision (1) 185
245	245	of this subsection, provided, in the case of any seating area maintained 186
246	246	for the service of food, at least seventy-five per cent of the outdoor 187
247	247	seating capacity is an area in which smoking is prohibited and which is 188
248	248	clearly designated with written signage as a nonsmoking area, except 189
249	249	that any temporary seating area established for special events and not 190
250	250	used on a regular basis shall not be subject to the prohibition on the use 191
251	251	of an electronic nicotine delivery system or vapor product or the signage 192
252	252	requirements of this subparagraph; or [(I)] (F) any tobacco bar, provided 193
253	253	no tobacco bar shall expand in size or change its location from its size or 194
254	254	location as of October 1, 2015. For purposes of this subdivision, 195
255	255	"outdoor" means an area which has no roof or other ceiling enclosure, 196
256	256	"tobacco bar" means an establishment with a permit for the sale of 197
257	257	alcoholic liquor to consumers issued pursuant to chapter 545 that, in the 198
258	258	calendar year ending December 31, 2015, generated ten per cent or more 199
259	259	of its total annual gross income from the on-site sale of tobacco products 200
260	260	and the rental of on-site humidors, and "tobacco product" means any 201
261	261	substance that contains tobacco, including, but not limited to, cigarettes, 202
262	262	cigars, pipe tobacco or chewing tobacco. 203
263	263	[(c) The operator of a hotel, motel or similar lodging may allow guests 204
264	264	to use an electronic nicotine delivery system or vapor product in not 205
265	265	more than twenty-five per cent of the rooms offered as accommodations 206
266	266	Raised Bill No. 78
267	267
268	268
269	269
270	270	LCO No. 1158 8 of 12
271	271
272	272	to guests.] 207
273	273	[(d)] (c) In each room, elevator, area or building in which the use of 208
274	274	an electronic nicotine delivery system or vapor product is prohibited by 209
275	275	this section, the person in control of the premises shall post or cause to 210
276	276	be posted in a conspicuous place signs stating that such use is prohibited 211
277	277	by state law. Such signs, except in elevators, restaurants, establishments 212
278	278	with permits to sell alcoholic liquor to consumers issued pursuant to 213
279	279	chapter 545, hotels, motels or similar lodgings, and health care 214
280	280	institutions, shall have letters at least four inches high with the principal 215
281	281	strokes of letters not less than one-half inch wide. 216
282	282	[(e)] (d) Any person found guilty of using an electronic nicotine 217
283	283	delivery system or vapor product in violation of this section, failure to 218
284	284	post signs as required by this section or the unauthorized removal of 219
285	285	such signs shall have committed an infraction. Nothing in this 220
286	286	subsection shall be construed to require the person in control of a 221
287	287	building to post such signs in every room of the building, provided such 222
288	288	signs are posted in a conspicuous place in the building. 223
289	289	[(f)] (e) Nothing in this section shall be construed to require the 224
290	290	designation of any area for the use of electronic nicotine delivery system 225
291	291	or vapor product [in] inside or outside any building or the entryway to 226
292	292	any building or on any property. 227
293	293	[(g) The provisions of this section shall supersede and preempt the 228
294	294	provisions of any municipal law or ordinance relative to the use of an 229
295	295	electronic nicotine delivery system or vapor product effective prior to, 230
296	296	on or after October 1, 2015.] 231
297	297	Sec. 3. Section 31-40q of the general statutes is repealed and the 232
298	298	following is substituted in lieu thereof (Effective October 1, 2020): 233
299	299	(a) As used in this section: 234
300	300	(1) "Person" means one or more individuals, partnerships, 235
301	301	Raised Bill No. 78
302	302
303	303
304	304
305	305	LCO No. 1158 9 of 12
306	306
307	307	associations, corporations, limited liability companies, business trusts, 236
308	308	legal representatives or any organized group of persons; [.] 237
309	309	(2) "Employer" means a person engaged in business who has 238
310	310	employees, including the state and any political subdivision thereof; [.] 239
311	311	(3) "Employee" means any person engaged in service to an employer 240
312	312	in the business of his employer; [.] 241
313	313	(4) "Business facility" means a structurally enclosed location or 242
314	314	portion thereof at which employees perform services for their employer. 243
315	315	The term "business facility" does not include: (A) Facilities listed in 244
316	316	[subparagraph (A), (C) or (H) of] subdivision (2) of subsection (b) of 245
317	317	section 19a-342, as amended by this act, or subdivision (2) of subsection 246
318	318	(b) of 19a-342a, as amended by this act; (B) any establishment with a 247
319	319	permit for the sale of alcoholic liquor pursuant to section 30-23 issued 248
320	320	on or before May 1, 2003; (C) for any business that is engaged in the 249
321	321	testing or development of tobacco or tobacco products, the areas of such 250
322	322	business designated for such testing or development; or (D) during the 251
323	323	period from October 1, 2003, to April 1, 2004, establishments with a 252
324	324	permit issued for the sale of alcoholic liquor pursuant to section 30-22a 253
325	325	or 30-26 or the bar area of a bowling establishment holding a permit 254
326	326	pursuant to subsection (a) of section 30-37c; [.] 255
327	327	(5) ["Smoking"] "Smoke" or "smoking" means the burning of a lighted 256
328	328	cigar, cigarette, pipe or any other [matter or substance which contains 257
329	329	tobacco.] similar device; 258
330	330	(6) "Electronic nicotine delivery system" means an electronic device 259
331	331	used in the delivery of nicotine or other substances to a person inhaling 260
332	332	from the device, and includes, but is not limited to, an electronic 261
333	333	cigarette, electronic cigar, electronic cigarillo, electronic pipe or 262
334	334	electronic hookah and any related device and any cartridge or other 263
335	335	component of such device, including, but not limited to, electronic 264
336	336	cigarette liquid; 265
337	337	Raised Bill No. 78
338	338
339	339
340	340
341	341	LCO No. 1158 10 of 12
342	342
343	343	(7) "Vapor product" means any product that employs a heating 266
344	344	element, power source, electronic circuit or other electronic, chemical or 267
345	345	mechanical means, regardless of shape or size, to produce a vapor that 268
346	346	may include nicotine and is inhaled by the user of such product. "Vapor 269
347	347	product" does not include a medicinal or therapeutic product that is (A) 270
348	348	used by a licensed health care provider to treat a patient in a health care 271
349	349	setting, (B) used by a patient, as prescribed or directed by a licensed 272
350	350	health care provider in any setting, or (C) any drug or device, as defined 273
351	351	in the federal Food, Drug and Cosmetic Act, 21 USC 321, as amended 274
352	352	from time to time, any combination product, as described in said act, 21 275
353	353	USC 353(g), as amended from time to time, or any biological product, as 276
354	354	defined in 42 USC 262, as amended from time to time, and 21 CFR 600.3, 277
355	355	as amended from time to time, authorized for sale by the United States 278
356	356	Food and Drug Administration; and 279
357	357	(8) "Any area" means the interior of the facility, building or 280
358	358	establishment and the outside area within twenty-five feet of any 281
359	359	doorway, operable window or air intake vent of the facility, building or 282
360	360	establishment. 283
361	361	[(b) Each employer with fewer than five employees in a business 284
362	362	facility shall establish one or more work areas, sufficient to 285
363	363	accommodate nonsmokers who request to utilize such an area, within 286
364	364	each business facility under his control, where smoking is prohibited. 287
365	365	The employer shall clearly designate the existence and boundaries of 288
366	366	each nonsmoking area by posting signs which can be readily seen by 289
367	367	employees and visitors. In the areas within the business facility where 290
368	368	smoking is permitted, existing physical barriers and ventilation systems 291
369	369	shall be used to the extent practicable to minimize the effect of smoking 292
370	370	in adjacent nonsmoking areas.] 293
371	371	[(c) (1)] (b) Each employer [with five or more employees] shall 294
372	372	prohibit smoking [in] and the use of electronic nicotine systems and 295
373	373	vapor products in any area of any business facility under said 296
374	374	employer's control. [, except that an employer may designate one or 297
375	375	Raised Bill No. 78
376	376
377	377
378	378
379	379	LCO No. 1158 11 of 12
380	380
381	381	more smoking rooms.] 298
382	382	[(2) Each employer that provides a smoking room pursuant to this 299
383	383	subsection shall provide sufficient nonsmoking break rooms for 300
384	384	nonsmoking employees. 301
385	385	(3) Each smoking room designated by an employer pursuant to this 302
386	386	subsection shall meet the following requirements: (A) Air from the 303
387	387	smoking room shall be exhausted directly to the outside by an exhaust 304
388	388	fan, and no air from such room shall be recirculated to other parts of the 305
389	389	building; (B) the employer shall comply with any ventilation standard 306
390	390	adopted by (i) the Commissioner of Labor pursuant to chapter 571, (ii) 307
391	391	the United States Secretary of Labor under the authority of the 308
392	392	Occupational Safety and Health Act of 1970, as from time to time 309
393	393	amended, or (iii) the federal Environmental Protection Agency; (C) such 310
394	394	room shall be located in a nonwork area, where no employee, as part of 311
395	395	his or her work responsibilities, is required to enter, except such work 312
396	396	responsibilities shall not include any custodial or maintenance work 313
397	397	carried out in the smoking room when it is unoccupied; and (D) such 314
398	398	room shall be for the use of employees only.] 315
399	399	[(d)] (c) Nothing in this section may be construed to prohibit an 316
400	400	employer from designating an entire business facility and the real 317
401	401	property on which the business facility is located as a nonsmoking area. 318
402	402	This act shall take effect as follows and shall amend the following
403	403	sections:
404	404
405	405	Section 1 October 1, 2020 19a-342
406	406	Sec. 2 October 1, 2020 19a-342a
407	407	Sec. 3 October 1, 2020 31-40q
408	408
409	409	Statement of Purpose:
410	410	To implement the Department of Public Health's recommendations
411	411	regarding the Clean Indoor Air Act.
412	412
413	413	Raised Bill No. 78
414	414
415	415
416	416
417	417	LCO No. 1158 12 of 12
418	418
419	419	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
420	420	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
421	421	underlined.]
422	422