Session of 2025
SENATE BILL No. 176
By Committee on Federal and State Affairs
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AN ACT concerning the Kansas indoor clear air act; prohibiting smoking
on the gaming floor of a lottery gaming facility or racetrack gaming
facility; amending the definition of smoking to include the use of an
electronic cigarette and smoking of marijuana; amending K.S.A. 21-
6109 and 21-6110 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 21-6109 is hereby amended to read as follows: 21-
6109. As used in K.S.A. 21-6109 through 21-6116, and amendments
thereto:
(a) "Access point" means the area within a ten foot radius outside of
any doorway, open window or air intake leading into a building or facility
that is not exempted pursuant to K.S.A. 21-6110(d), and amendments
thereto.
(b) "Bar" means any indoor area that is operated and licensed for the
sale and service of alcoholic beverages, including alcoholic liquor as
defined in K.S.A. 41-102, and amendments thereto, or cereal malt
beverages as defined in K.S.A. 41-2701, and amendments thereto, for on-
premises consumption.
(c) "Electronic cigarette" means the same as defined in the Kansas
cigarette and tobacco products act.
(d) "Employee" means any person who is employed by an employer
in consideration for direct or indirect monetary wages or profit and any
person who volunteers their services for a nonprofit entity.
(d)(e) "Employer" means any person, partnership, corporation,
association or organization, including municipal or nonprofit entities, that
employs one or more individual persons.
(e)(f) "Enclosed area" means all space between a floor and ceiling
that is enclosed on all sides by solid walls, windows or doorways that
extend from the floor to the ceiling, including all space therein screened by
partitions that do not extend to the ceiling or are not solid or similar
structures. For purposes of this section, the following shall not be
considered an "enclosed area": or windows, whether open or closed. A
wall includes any retractable divider, garage door or other physical
barrier, whether temporary or permanent and whether or not containing
openings of any kind
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(1) Rooms or areas, enclosed by walls, windows or doorways, having
neither a ceiling nor a roof and that are completely open to the elements
and weather at all times; and
(2) rooms or areas, enclosed by walls, fences, windows or doorways
and a roof or ceiling, having openings that are permanently open to the
elements and weather and that comprise an area that is at least 30% of the
total perimeter wall area of such room or area.
(f)(g) "Food service establishment" means any place in which food is
served or is prepared for sale or service on the premises. Such term shall
include, but not be limited to, fixed or mobile restaurants, coffee shops,
cafeterias, short-order cafes, luncheonettes, grills, tea rooms, sandwich
shops, soda fountains, taverns, private clubs, roadside kitchens,
commissaries and any other private, public or nonprofit organization or
institution routinely serving food and any other eating or drinking
establishment or operation where food is served or provided for the public
with or without charge.
(g)(h) "Gaming floor" means the area of a lottery gaming facility or
racetrack gaming facility, as those terms are defined in K.S.A. 74-8702,
and amendments thereto, where patrons engage in Class III gaming. The
gaming floor shall not include any areas used for accounting, maintenance,
surveillance, security, administrative offices, storage, cash or cash
counting, records, food service, lodging or entertainment, except that the
gaming floor may include a bar where alcoholic beverages are served so
long as the bar is located entirely within the area where Class III gaming is
conducted.
(h)(i) "Marijuana" means the same as defined in K.S.A. 65-4101, and
amendments thereto.
(j) "Medical care facility" means a physician's office, general
hospital, special hospital, ambulatory surgery center or recuperation center,
as defined by K.S.A. 65-425, and amendments thereto, and any psychiatric
hospital licensed under K.S.A. 39-2001 et seq., and amendments thereto.
(i)(k) "Outdoor recreational facility" means a hunting, fishing,
shooting or golf club, business or enterprise operated primarily for the
benefit of its owners, members and their guests and not normally open to
the general public.
(j)(l) "Place of employment" means any enclosed area under the
control of a public or private employer, including, but not limited to, work
areas, auditoriums, elevators, private offices, employee lounges and
restrooms, conference and meeting rooms, classrooms, employee
cafeterias, stairwells and hallways, that is used by employees during the
course of employment. For purposes of this section, a private residence
shall not be considered a "place of employment" unless such residence is
used as a day care home, as defined in K.S.A. 65-530, and amendments
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thereto.
(k)(m) "Private club" means an outdoor recreational facility operated
primarily for the use of its owners, members and their guests that in its
ordinary course of business is not open to the general public for which use
of its facilities has substantial dues or membership fee requirements for its
members.
(l)(n) "Public building" means any building owned or operated by:
(1) The state, including any branch, department, agency, bureau,
commission, authority or other instrumentality thereof;
(2) any county, city, township, other political subdivision, including
any commission, authority, agency or instrumentality thereof; or
(3) any other separate corporate instrumentality or unit of the state or
any municipality.
(m)(o) "Public meeting" means any meeting open to the public
pursuant to K.S.A. 75-4317 et seq., and amendments thereto, or any other
law of this state.
(n)(p) "Public place" means any enclosed areas open to the public or
used by the general public including, but not limited to: Banks, bars, food
service establishments, retail service establishments, retail stores, public
means of mass transportation, passenger elevators, health care institutions
or any other place where health care services are provided to the public,
medical care facilities, educational facilities, libraries, courtrooms, public
buildings, restrooms, grocery stores, school buses, museums, theaters,
auditoriums, arenas and recreational facilities. For purposes of this section,
a private residence shall not be considered a "public place" unless such
residence is used as a day care home, as defined in K.S.A. 65-530, and
amendments thereto.
(o)(q) "Smoking" means:
(1) Possession of a lighted cigarette, cigar, pipe or burning tobacco in
any other form or device designed for the use of tobacco;
(2) the use of an electronic cigarette; or
(3) burning marijuana in any form or device designed for the use of
marijuana.
(p)(r) "Tobacco shop" means any indoor area operated primarily for
the retail sale of tobacco, tobacco products or smoking devices or
accessories, and that derives not less than 65% of its gross receipts from
the sale of tobacco.
(q)(s) "Substantial dues or membership fee requirements" means
initiation costs, dues or fees proportional to the cost of membership in
similarly-situated outdoor recreational facilities that are not considered
nominal and implemented to otherwise avoid or evade restrictions of a
statewide ban on smoking.
Sec. 2. K.S.A. 21-6110 is hereby amended to read as follows: 21-
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6110. (a) It shall be unlawful, with no requirement of a culpable mental
state, to smoke in an enclosed area or at a public meeting including, but
not limited to:
(1) Public places;
(2) taxicabs and limousines;
(3) restrooms, lobbies, hallways and other common areas in public
and private buildings, condominiums and other multiple-residential
facilities;
(4) restrooms, lobbies and other common areas in hotels and motels
and in at least 80% of the sleeping quarters within a hotel or motel that
may be rented to guests;
(5) access points of all buildings and facilities not exempted pursuant
to subsection (d); and
(6) any place of employment.
(b) Each employer having a place of employment that is an enclosed
area shall provide a smoke-free workplace for all employees. Such
employer shall also adopt and maintain a written smoking policy which
shall prohibit smoking without exception in all areas of the place of
employment. Such policy shall be communicated to all current employees
within one week of its adoption and shall be communicated to all new
employees upon hiring. Each employer shall provide a written copy of the
smoking policy upon request to any current or prospective employee.
(c) Notwithstanding any other provision of this section, K.S.A. 21-
6111 or 21-6112, and amendments thereto, the proprietor or other person
in charge of an adult care home, as defined in K.S.A. 39-923, and
amendments thereto, or a medical care facility, may designate a portion of
such adult care home, or the licensed long-term care unit of such medical
care facility, as a smoking area, and smoking may be permitted within such
designated smoking area.
(d) The provisions of this section shall not apply to:
(1) The outdoor areas of any building or facility beyond the access
points of such building or facility;
(2) private homes or residences, except when such home or residence
is used as a day care home, as defined in K.S.A. 65-530, and amendments
thereto;
(3) a hotel or motel room rented to one or more guests if the total
percentage of such hotel or motel rooms in such hotel or motel does not
exceed 20%;
(4) the gaming floor of a lottery gaming facility or racetrack gaming
facility, as those terms are defined in K.S.A. 74-8702, and amendments
thereto;
(5) that portion of an adult care home, as defined in K.S.A. 39-923,
and amendments thereto, that is expressly designated as a smoking area by
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the proprietor or other person in charge of such adult care home pursuant
to subsection (c) and that is fully enclosed and ventilated;
(6) that portion of a licensed long-term care unit of a medical care
facility that is expressly designated as a smoking area by the proprietor or
other person in charge of such medical care facility pursuant to subsection
(c) and that is fully enclosed and ventilated and to which access is
restricted to the residents and their guests;
(7)(4) tobacco shops; and
(8)(5) a class A or class B club defined in K.S.A. 41-2601, and
amendments thereto, which: (A) Held a license pursuant to K.S.A. 41-
2606 et seq., and amendments thereto, as of January 1, 2009; and (B)
notifies the secretary of health and environment in writing, not later than
90 days after the effective date of this act September 29, 2010, that it
wishes to continue to allow smoking on its premises;
(9) a private club in designated areas where minors are prohibited;
(10) any benefit cigar dinner or other cigar dinner of a substantially
similar nature that:(A) Is conducted specifically and exclusively for
charitable purposes by a nonprofit organization which is exempt from
federal income taxation pursuant to section 501(c)(3) of the federal
internal revenue code of 1986;(B) is conducted no more than once per
calendar year by such organization; and(C) has been held during each of
the previous three years prior to January 1, 2011; and
(11) that portion of a medical or clinical research facility constituting
a separately ventilated, secure smoking room dedicated and used solely
and exclusively for clinical research activities conducted in accordance
with regulatory authority of the United States or the state of Kansas, as
determined by the director of alcoholic beverage control of the department
of revenue.
Sec. 3. K.S.A. 21-6109 and 21-6110 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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