Connecticut 2021 Regular Session

Connecticut Senate Bill SB00815 Compare Versions

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

Old	New	Differences
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3	3
4	4	LCO No. 1707 1 of 4
5	5
6	6	General Assembly Raised Bill No. 815
7	7	January Session, 2021
8	8	LCO No. 1707
9	9
10	10
11	11	Referred to Committee on AGING
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13	13
14	14	Introduced by:
15	15	(AGE)
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20	20	AN ACT CONCERNING SM OKING IN NURSING HOM ES, ASSISTED
21	21	LIVING FACILITIES AND OTHER HOUSING FOR THE ELDE RLY.
22	22	Be it enacted by the Senate and House of Representatives in General
23	23	Assembly convened:
24	24
25	25	Section 1. Section 19a-342 of the general statutes is repealed and the 1
26	26	following is substituted in lieu thereof (Effective October 1, 2021): 2
27	27	(a) As used in this section, "smoke" or "smoking" means the lighting 3
28	28	or carrying of a lighted cigarette, cigar, pipe or similar device. 4
29	29	(b) (1) Notwithstanding the provisions of section 31-40q, no person 5
30	30	shall smoke: (A) In any building or portion of a building, partially 6
31	31	enclosed shelter on a rail platform or bus shelter owned and operated 7
32	32	or leased and operated by the state or any political subdivision thereof; 8
33	33	(B) in any area of a health care institution, including, but not limited to, 9
34	34	a nursing home facility as defined in section 19a-490; (C) in any area of 10
35	35	a retail food store; (D) in any restaurant; (E) in any area of an 11
36	36	establishment with a permit issued for the sale of alcoholic liquor 12
37	37	pursuant to section 30-20a, 30-21, 30-21b, 30-22, 30-22c, 30-28, 30-28a, 30-13
38	38	33a, 30-33b, 30-35a, 30-37a, 30-37e or 30-37f, in any area of an 14
39	39	establishment with a permit for the sale of alcoholic liquor pursuant to 15 Raised Bill No. 815
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41	41
42	42
43	43	LCO No. 1707 2 of 4
44	44
45	45	section 30-23 issued after May 1, 2003, and, on and after April 1, 2004, in 16
46	46	any area of an establishment with a permit issued for the sale of 17
47	47	alcoholic liquor pursuant to section 30-22a or 30-26 or the bar area of a 18
48	48	bowling establishment holding a permit pursuant to subsection (a) of 19
49	49	section 30-37c; (F) within a school building or on the grounds of such 20
50	50	school; (G) within a child care facility or on the grounds of such child 21
51	51	care facility, except, if the child care facility is a family child care home, 22
52	52	as defined in section 19a-77, such smoking is prohibited only when a 23
53	53	child enrolled in such home is present; (H) in any passenger elevator, 24
54	54	provided no person shall be arrested for violating this subsection unless 25
55	55	there is posted in such elevator a sign which indicates that smoking is 26
56	56	prohibited by state law; (I) in any dormitory in any public or private 27
57	57	institution of higher education; [or] (J) on and after April 1, 2004, in any 28
58	58	area of a dog race track or a facility equipped with screens for the 29
59	59	simulcasting of off-track betting race programs or jai alai games; (K) in 30
60	60	any public housing unit where smoking is not permitted pursuant to 24 31
61	61	CFR 965.653, as amended from time to time; or (L) in common areas or 32
62	62	within twenty-five feet of entrances or exits of public housing for elderly 33
63	63	persons, including assisted living facilities, designated pursuant to 34
64	64	chapter 128 and not otherwise subject to regulation under 24 CFR 35
65	65	965.653, as amended from time to time. For purposes of this subsection, 36
66	66	"restaurant" means space, in a suitable and permanent building, kept, 37
67	67	used, maintained, advertised and held out to the public to be a place 38
68	68	where meals are regularly served to the public, "school" has the same 39
69	69	meaning as provided in section 10-154a and "child care facility" has the 40
70	70	same meaning as provided in section 19a-342a. 41
71	71	(2) This section shall not apply to (A) correctional facilities; (B) 42
72	72	designated smoking areas in psychiatric facilities; (C) public housing 43
73	73	projects, as defined in subsection (b) of section 21a-278a, except for those 44
74	74	where smoking is not permitted pursuant to 24 CFR 965.653, as 45
75	75	amended from time; (D) any classroom where demonstration smoking 46
76	76	is taking place as part of a medical or scientific experiment or lesson; (E) 47
77	77	smoking rooms provided by employers for employees, pursuant to 48
78	78	section 31-40q; (F) notwithstanding the provisions of subparagraph (E) 49 Raised Bill No. 815
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82	82	LCO No. 1707 3 of 4
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84	84	of subdivision (1) of this subsection, the outdoor portion of the premises 50
85	85	of any permittee listed in subparagraph (E) of subdivision (1) of this 51
86	86	subsection, provided, in the case of any seating area maintained for the 52
87	87	service of food, at least seventy-five per cent of the outdoor seating 53
88	88	capacity is an area in which smoking is prohibited and which is clearly 54
89	89	designated with written signage as a nonsmoking area, except that any 55
90	90	temporary seating area established for special events and not used on a 56
91	91	regular basis shall not be subject to the smoking prohibition or signage 57
92	92	requirements of this subparagraph; (G) any medical research site where 58
93	93	smoking is integral to the research being conducted; or (H) any tobacco 59
94	94	bar, provided no tobacco bar shall expand in size or change its location 60
95	95	from its size or location as of December 31, 2002. For purposes of this 61
96	96	subdivision, "outdoor" means an area which has no roof or other ceiling 62
97	97	enclosure, "tobacco bar" means an establishment with a permit for the 63
98	98	sale of alcoholic liquor to consumers issued pursuant to chapter 545 that, 64
99	99	in the calendar year ending December 31, 2002, generated ten per cent 65
100	100	or more of its total annual gross income from the on-site sale of tobacco 66
101	101	products and the rental of on-site humidors, and "tobacco product" 67
102	102	means any substance that contains tobacco, including, but not limited 68
103	103	to, cigarettes, cigars, pipe tobacco or chewing tobacco. 69
104	104	(c) The operator of a hotel, motel or similar lodging may allow guests 70
105	105	to smoke in not more than twenty-five per cent of the rooms offered as 71
106	106	accommodations to guests. 72
107	107	(d) In each room, elevator, area or building in which smoking is 73
108	108	prohibited by this section, the person in control of the premises shall 74
109	109	post or cause to be posted in a conspicuous place signs stating that 75
110	110	smoking is prohibited by state law. Such signs, except in elevators, 76
111	111	restaurants, establishments with permits to sell alcoholic liquor to 77
112	112	consumers issued pursuant to chapter 545, hotels, motels or similar 78
113	113	lodgings, and health care institutions, shall have letters at least four 79
114	114	inches high with the principal strokes of letters not less than one-half 80
115	115	inch wide. 81
116	116	(e) Any person found guilty of smoking in violation of this section, 82 Raised Bill No. 815
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119	119
120	120	LCO No. 1707 4 of 4
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122	122	failure to post signs as required by this section or the unauthorized 83
123	123	removal of such signs shall have committed an infraction. Nothing in 84
124	124	this section shall be construed to require the person in control of a 85
125	125	building to post such signs in every room of a building, provided such 86
126	126	signs are posted in a conspicuous place in such building. 87
127	127	(f) Nothing in this section shall be construed to require any smoking 88
128	128	area in any building. 89
129	129	(g) The provisions of this section shall supersede and preempt the 90
130	130	provisions of any municipal law or ordinance relative to smoking 91
131	131	effective prior to, on or after October 1, 1993. 92
132	132	This act shall take effect as follows and shall amend the following
133	133	sections:
134	134
135	135	Section 1 October 1, 2021 19a-342
136	136
137	137	Statement of Purpose:
138	138	To protect the health of elderly persons by restricting cigarette smoking.
139	139	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
140	140	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
141	141	underlined.]
142	142