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statutes is repealed and the following is substituted in lieu thereof 2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