HB 1766 -- Indoor Clean Air Act

Sponsor:  Bivins

This bill repeals the Indoor Clean Air Act and enacts new
provisions regarding smoking in public places.  In its main
provisions, the bill:

(1)  Prohibits smoking in all buildings and vehicles owned,
leased, or operated by governmental entities;

(2)  Prohibits smoking in all enclosed public places including,
but not limited to, restaurants, bars, shopping malls, retail
stores, sports arenas, theaters, and museums;

(3)  Prohibits smoking in all enclosed facilities within places
of employment including meeting rooms, employee lounges, private
offices, and cafeterias;

(4)  Prohibits smoking in outdoor places including within 15 feet
of entrances, windows, and ventilation systems; bleachers and
grandstands of outdoor arenas; public transportation stations,
platforms, and shelters; and playgrounds;

(5)  Exempts private residences, tobacco retail stores, at least
20% of hotel and motel rooms, and certain outdoor areas of places
of employment;

(6)  Requires the posting of no smoking signs and the removal of
ashtrays in prohibited areas;

(7)  Specifies that the Department of Health and Senior Services
will enforce the provisions of the bill;

(8)  Specifies that any person smoking in prohibited areas will
be guilty of an infraction and any person who controls a public
place or place of employment who fails to comply with the
provisions of the bill will be subject to a fine not to exceed
$50 for the first violation, a fine not to exceed $100 for a
second violation within one year, and a fine not to exceed $500
for a third or subsequent violation within one year and may have
his or her license suspended or revoked; and

(9)  Allows political subdivisions or local school boards to
enact more stringent ordinances or rules.

The bill becomes effective January 2, 2011.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:11 pm