Bill Text: MS SB2726 | 2011 | Regular Session | Engrossed
Bill Title: Smoking in government and university buildings and vehicles; prohibit.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-03-01 - Died In Committee [SB2726 Detail]
Download: Mississippi-2011-SB2726-Engrossed.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Public Health and Welfare
By: Senator(s) Bryan
Senate Bill 2726
(As Passed the Senate)
AN ACT TO AMEND SECTION 29-5-161 AND 29-5-163, MISSISSIPPI CODE OF 1972, TO PROHIBIT SMOKING IN ALL STATE AND LOCAL GOVERNMENT AND UNIVERSITY BUILDINGS AND GOVERNMENT VEHICLES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 29-5-161, Mississippi Code of 1972, is amended as follows:
29-5-161. (1) As used in this section:
(a) "Smoke" or "smoking" means inhaling, exhaling, burning, carrying or otherwise possessing any lighted cigarette, cigar, pipe or any other object or device of any form that contains lighted tobacco.
(b) "Government building" means the New State Capitol Building, the Woolfolk State Office Building, the Carroll Gartin Justice Building, the Walter Sillers Office Building, the Heber Ladner Building, the Department of Transportation Building, the Robert E. Lee Office Building, the Robert G. Clark, Jr. Building, the State Board of Health Building, the Public Employees' Retirement System Building, the Central High Building, the Court of Appeals Building, the War Veterans' Memorial Building, the State Archives Building, the Ike Sanford Veterans Affairs Building, the Old State Capitol Building, the Burroughs Building, the Mayfair Building, 101 Capitol Centre and any other facility in the state that is owned or leased by the State of Mississippi or any agency, department or institution of the state and that is used for housing state employees during the time of performance of their regular duties for the state; any building owned, rented, leased, occupied or operated by the state, including the legislative, executive and judicial branches of state government; any county, municipality or any other political subdivision of the state; any public authority, commission, agency or public benefit corporation; or any other separate corporate instrumentality or unit of state or local government. If only part of a facility is leased by the state or an agency, department or institution of the state, or any county, municipality or other political subdivision of the state, only the leased part of the facility will be considered to be a government building for the purposes of this definition. * * *
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(c) "Person in control" means any person in charge of the daily operations of a government or university or college building.
(2) No person shall smoke:
(a) In any government building * * *;
(b) In any vehicle owned, leased or operated by the State of Mississippi;
(c) In any building or vehicle owned or leased by the State Institutions of Higher Learning or the public community and junior colleges;
(d) Within twenty (20) feet outside entrances, operable windows and ventilation systems of any government or university/college building; or
(e) In any public transportation station, platform or shelter operating under the authority of the state or any agency, department institution or political subdivision of the state.
(3) Notwithstanding any other provision of this section, a person in control may designate any area under his or her control that does not fall under the requirements of this section as a smoke-free place. Smoking shall be prohibited in any area designated by a person in control as a smoke-free place when a "No Smoking" sign or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) sign is posted under the provisions of this subsection (3). A person in control of any area where smoking is prohibited as described in subsection (2) of this section shall communicate such restrictions to all employees and to those affected within such areas on and after the effective date of this act. With respect to any area designated as smoke-free pursuant to this subsection, the remedies for violators as set forth in this act shall be applied as if such designated area were subject to the mandatory requirements of this section.
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(4) (a) This section, when applicable, shall be enforceable by local law enforcement.
(b) Any person who desires to register a complaint under this act may initiate action with local law enforcement or through the toll-free hotline established in subsection (6)(a) of this section.
(c) In addition to the remedies provided by the provisions of this section, the following may apply for injunctive relief to enforce the provisions of this act in any court of competent jurisdiction: local health authorities; city mayors, councils/board of aldermen, or attorneys; county attorneys, board of supervisors or sheriffs; and any persons aggrieved by the failure of the owner, operator, manager or other person in control of a government or university/college building to comply with this section.
(5) (a) A person who smokes in an area where smoking is prohibited by the provisions of this section shall be guilty of a misdemeanor, punishable by a fine not exceeding Fifty Dollars ($50.00).
(b) Violation of this section is declared to be a public nuisance, which may be abated by restraining order, preliminary and permanent injunction, or other means provided for by law. An offense constituting a willful violation of this act may be prosecuted pursuant to Section 97-35-5, Mississippi Code of 1972.
(c) Each day on which a violation of this section occurs shall be considered a separate and distinct violation.
(6) The Mississippi State Department of Health shall have the following duties:
(a) The Office of Tobacco Control shall maintain a toll-free line for any person wishing to report a violation of this section and shall notify the proper regulatory or governing agency having possible jurisdiction with respect to the violation.
(b) The Office of Tobacco Control shall provide free of charge to a person in control, upon the request of the person in control, a sign of the department's choice that conforms to the requirements of this section.
(c) The Mississippi State Department of Health shall be solely responsible for the issuance of any declaratory opinion described in Section 25-43-2.103, Mississippi Code of 1972, and shall be authorized to request the assistance of the Attorney General and other state agencies in connection with the preparation of a declaratory opinion.
SECTION 2. Section 29-5-163, Mississippi Code of 1972, is amended as follows:
29-5-163. (1) Nothing in this act shall be construed to prevent a political subdivision of the state from adopting local ordinances or regulations relating to smoking or other use of tobacco products in public places and places of employment that are more restrictive than this act, nor does this act repeal any existing local ordinances or regulations that provide restrictions on smoking that are equivalent to or greater than those provided by this act.
(2) This act shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable federal, tribal, state or local laws, or regulations or other applicable rules.
(3) This act shall be liberally construed so as to further its purposes.
(4) This act shall not be construed as amending or repealing Section 97-35-1(4) or Section 97-32-29.
SECTION 3. This act shall take effect and be in force from and after July 1, 2011.
