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b I N F 0 R=+1 A T I 0 N A L R E P 0 R T STATES' STATUTES REGULATING STIjUKIidG IN PUBLIC PLACES Iegislative resea _rd'-; i.d20 state capftci,'saiem, oregon 97310 phone (503) 378 8871 JANUARY 14, IL977 76: 69 .r Legis!acive Research is a componer.t of the Legislative Administration Cemq:ittee op

C LEGISLATIVE RESEARCH leyislative Researcti wa5 cre<,f~d wiLhin Lhe lv()isldtivc~ Ur.i in- istration Committee to conduct non-partisan research on subjects of interest to members of the Legislative Assembly. All Legislative Research reports are initiated by members or comnittees of the Legislative Assembly and are of a non-confidential nature. Requests staff in order to avoid duplication of research efforts. for items to be researched are coordinated with other legislative Reports of the Legislative Research office include RESEARCH REPORTS, RESEARCH MONOGRAPHS, and INFORMATIONAL REPORTS. RESEARCH REPORTS are extensive considerations, including analysis, of a topic; RESEARCH MONOGRAPHS are limited considerations of a specific issue; and INFORMATIONAL REPORTS include either a description or compilation of materials available or a discussion of an issue using available 'published information with no original research or analysis. r

C STATES' STATUTES REGULATING .Sb10KING IN PUBLIC PLACES (76:69) The Legislative Research Office was asked to provide information on the;statutes of those states which prohibit or limit smoking in public places. The statutes of 26 states were°located and are summarized in this informational report. They are varied in purpose, with some prohibiting smoking as a fire hazard, others as a health hazard, and still others as a public nuisance. It should be noted that the state statutes are not the only restrictions on smoking. There are federal regulations, such as the Civil Aeronautics Board requirement that all public carriers provide adequate no-smoking areas to accommodate all passengers who wish to be seated in such areas. State regula- tory boards and commissions often restrict smoking, such as the Oregon Fire Marshal's requirement that theaters meet certain fire codes in order that smoking be allowed. City and county governments may prohibit smoking - in various facilities, such as the prohibition on smoking in department stores in Chicago. It should be further noted that the information contained in this report is a compilation of the statutes and is not an assessment of the level of enforcement of the statutes in the respective states. legislative research

' Alaska. Smoking is banned i.n Alaska in: (1) elevators, (2) limousines for hire, (3) buses, (4) trains; (5) state- ~ . operated ferry vessels, (6) indoor public places of entertain- ment or recreation, including libraries, museums, concert halls and theaters, (7) public schools, (8) state public meetings, C9) health care institutions and health care laboratory waiting rooms, rest rooms, lobbies and hallways, and (10) any place of business where posted by the person responsible for that business. Public buildings and hospitals are required to pro- vide reasonable smoking areas unless prohibited for public safety or the preservation of the buildings and their contents. The penalties are a civil fine of not less than five dollars nor more than $25 for each smoking violation and not less than $10 nor more than'$100 for each failure of a person to post no smoking signs in areas under his control where smoking is prohibited.l Arizona: - The statutory prohibitions against smoking in Arizona are similar to those in Alaska, with smoking banned in: . . - _. . .. _. _ . . ,_ ,. _ . or'concert ha~lls, (6) buses which are used by or open to the public, (7) waiting rooms, rest rooms, lobbies or hallways.of any health care institution, (8) public waiting rooms of any health-associated laboratories or facilities, (9) public school waiting rooms of any medical practitioner, and (10) public buildings. Some exceptions to otherwise prohihited lAlaska Statutes, sections 18.35.300 to 18.35.340. 2 (2) indoor theaters,`(3) lib'raries, (4) art areas . I }eaislative research

are allowed if they are designated as smoking a-reas. Viola- tion of the no-smoking statutes is a misdemeanor punishable by a fine of not less than $10 nor more than $100.2 California. Smoking is regulated in California in (1) public schools and (2) public carriers. For schools and community colleges; smoking is prohibited except in areas otherwise designated by the governing board of the school district. Violation of the statute is "good" cause for suspension or expulsion. With regard to common carriers, the law provides that all trains, buses, planes and streetcars with departure within the state must provide posted no-smoking 3 areas. Connecticut. Smoking is regulated in (1) public convey- ances and (2) public meetings. For public conveyances, including buses and trains, smoking is prohibited in areas not especially designated for smoking. Violators may be fined not more than $25. Smoking is prohibited at public meetings in public buildings where a no-smoking sign is posted. The fine for violation of the public meetings smoking ban is not more than $5•4 Delaware. Smoking on public trolleys and buses is pro- hibited in Delaware. $5 nor more than $25.5 The fine for violation is not less than 2Arizona :Zevised Statutes, section 36-601-01. 3AnnotateJ California Codes, Education, section 106~i2.5 and Public Utilities, section 561. 4Connecticut Revised Statutes, sections 53-198 and 1-21b. - SDelaware Annotated Code, section 11:1326. 3- legisl.itive research {

\, Florida. Smoking is prohibited Violation is a misdemeanor in the second degree _z . by a fine not to exceed $500.6 in elevators in Florida. Geor ia. Smoking i s proh ib ited and punishable in Geor~ia in (1) elevators, (2) public transportation vehicles, and (3) any area used by or open to the public which is clearly designated by a no-smoking sign. Violation is punishable by a fine of not less than $10 nor more than $100. Georgia also recognizes the right of local lati.~;naking bodies and state agencies to designate other no-smoking areas.7 Hawaii. Smoking could be recognized as a public nuisance in Hawaii and county councils are authorized to make ordinances resticting such nuisances.8 Iowa. Iowa, like Hawaii, has a broadly worded public nuisance statute which could be construed to include smoking "in any place to the prejudice of others." The fine for viola- tion of the public nuisance statute is not to exceed $1,000 or imprisonment in a county jail for not more than one year.9 where smoking is posted as being prohibited. machine shops, and or other buildings No-smok:ng signs must be posted in all cases. The fine for smoking area is five dollars,10 bFlorida Statutes Annotated, section 823.12. Code of Georgia Annotated, section 26-9910. i n a no-smoki.ng gfIakaii Revised Statutes, section 46-17. The statute refers to "noise, smoke, dust, vibration, or odors which constitute a public 9nuisance" (emphasis added). Io~•;a Code Annotated, section 657.2(2). lOl,Iain Revised Statutes, section 25-2433., -4- 3eg.islath-e research

C -T Aiassachusetts. Smoking is banned or regul"ated in a broad variety of facilities in Massachusetts, including: (1) polling -t places, (2) public meetings, (3) elevators, (4) suPerinarkets, (5) certain mass transit conveyances, (6) museums, (7) libraries, (8) hospitals, (9) nursing homes, (10) certain public convey;tnces, (11) theaters, (.12-) public halls, (13) special halls, (14) factories; (15) workshops, (16) mercantile establishments, (17) docks, wharves, and warehouses, (18) school buses, and (19) buildings used to stable horses or mules unless those buildings have been made fire may be designated. In addition to those areas listek', the Board of Fire Prevention is authorized to make such regul;'ions against smoking a-; deemed necessary for the public safety. ~~ines for violations range from $20 to $200, the latter for smoking in stables.ll , resistant. For many of the facilities, special smoking areas Michigan. Smoking is prohibited in Michigan in (1) public elevators and (2) any room, hall, place, or auditorium where a be held during the course of the day ~ The penalty for smoking boxing, sparring, or wrestling exhibition is being held or will in an elevator is $50 or 90 days,imprisionment. for the enforcement of the boxing and wrestling resf--iction li S with the promoter who may lose his license if there is a violation.12, Massachusetts General Laws, sections 54:73, 270:21, 148:28, 90:7B, and 272:86 (C) and (F). 12biichigan Compiled Laws, sections 408:820 and 431:124. 11 5 - . ~~~} ie$islative research

1- 1 Minnesota. The prohibition against smoking in public Mississippi.'_'Smoking a cigar or pipe on passenger buses places in Minnesota incluides, but is not limited to: (1) public . -~ meetings, (2) restaurants, (3) retail stores, (4) offices, (5) public conveyances, (-6) schools, (7) hospitals and nursing homes, and (7) auditoriums, arenas, and meeting rooms. Excluded are private offices occupied exclusively by smokers, even though non-smokers may visit these offices. Violation of the no-smoking statutes is a petty misdemeanor and any state or local board health can obtain an injunction against furt.her violati.ons. l3 Violation of an injunction is contempt of court. or coaches while of in service on any state highti:,ay is prohibited in Mississippi. Before a violation can occur, the driver must request the passenger to stop smoking. Violation is a mis- demeanor which is punishable by a fine of not more than $500 or not more than 30 days in jail or both.l4 Nebraska: With the exception of designated smoking areas, smoking is prohibited in (1) hospital patient rooms and patient areas,. - C2) elevators, :(3) indoor theaters, .(4) libraries, (5) =art museums,-.;.[6}" concert halls, anc'. (7) puhlicc signs must be posted in -'eleyatoi's. . _ __. . _: . 15 1 0 nor ,nore than $100. is a fine of not less than ~ 13 Diinnesota Statutes Annotated, sections 144.412 to 144.417: 14mississippi Code Annotated, section 97-35-1 (4), (7). 1SRevised Statutes of Ncbraska, section 28-1031.01. 6- legisiative research - f

New Jersey. Smoking on buses, trolly cars and railroad passenger cars with no-smoking signs posted is banned.' Vio- a lators are deemed disorderly persons and may be fined not more than $25. In addition, the statutes grant the New York Port Authority and its Trans-Hudson Corporation authorization to prohibit smoking i~n any facilities owned or operated by the authority in New Jersey. The penalty for the first offense is not to exceed $50 or 30 days or both with greater penalties for subsequent offenses,16 New York. - Smoking is prohibited in (1) any form of mass transportation and (2) any indoor facility while in use by the public. As is the case with many of the other states' statutes, certain areas, such as rest rooms and lobbies, may be excepted. The fine for violators is not less than $10 nor more than $100.17 North Dakota. Persons responsible for public buildings in North Dakota are authorized to post signs for smoking and no- smoking areas. Smoking in a no-smoking area is a class B mis- demeanor which is punishable by a fine of not more .an individual or $1,000 for an organization.18 Ohio. A person on a street car in Ohio must st.jp smoking when requested to do so b;- the driver or other person in authori;y. Failure to do so is punishable by a fine of not more than $10.19 16 New Jersey Statutes Annotated, sections 2A:170-65, 32:1-146.4 and 32:1-146.5. 0 ~, 17New York Annotated Code, Public Health, section 1399-o,p,q. -13 18North Dakota Century Code, section 48-05-07. W 190hio Revised Code Annotated, sections 4951.57 and 4951.99(c). ~ ~ ~ 7 - ~'4~kpnr~ legislative research 10

Oklaliorra. Smoking and no-smoking areas are detiignated in permanent indoor public areas in Oklahoma by the persons .` respontiib]e for i.hosc arc,s. SrIcli nrcas include (1) c7cvators, (2) theaters, (3) libraries, (4) art galleries, (5) museums, (6) concert halls, (7) buses, and (8) roller skating rinks. Violation of the smoking ban is a misdemeanor punishable by a fine of not less than $10 nor more than $100.20 Oregon. Smoking is banned in (1) elevators, (2) hospital rooms in which more than one person is accommodated, and (3) meetings of any public body in Oregon. There is a $10 fine for persons smoking in elevators and at public meetings and a $100 fine for persons in authority failing to post no-smoking signs in elevators. Illegal smoking in hospital rooms is a misdemeanor for which the maximum fine is $250.21 Pennsylvania. Smoking is banned in Pennsylvania in any auditorium, movie theater, or the balcony or gallery of any theater. In addition, city councils are empowered to ban smoking in retail stores with 25 or 'more 'employes or the capacity to accommodate 300 or more_persons. Excepted from this provision'are restaurants, rest rooms, beauty parlors, . executive offices and designatea smokzng rooms. O W 200k ~ lahoma Statutes Annotated, section 21-1247. W 210regon Revised Statutes, section 479.015, 441.815, 441.990, ~ 192.710 and 192.990. 22 Pennsylvania Statutes Annotated, sections 35:1225 and 53:3702. 8 22 r . Iegislative research