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 Section 19a-342 of the general statutes is repealed and the 1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