1. Secondhand smoke is the third leading cause of preventable deaths in the United States.

2. It is still commonplace for workplaces to be filled with tobacco smoke.

3. There is no safe level of exposure to secondhand smoke—ventilation cannot “clear the air” and protect workers from harmful exposure to tobacco smoke.

4. Smoke-free workplaces will improve public health.

1. “Employee” means a person who performs a service for compensation for an employer at the employer’s workplace, including a contract employee, temporary employee, or independent contractor who performs a service in the employer’s workplace for more than a de minimis amount of time.

2. “Employer” means an individual, person, partnership, association, corporation, trust, organization, educational institution, or other legal entity, whether public, quasi-public, private, or nonprofit which uses the services of one or more employees at one or more workplaces.

3. “Enclosed” means a space bounded by walls, with or without windows, continuous from floor to ceiling and accessible by one or more doors, including a space that is temporarily enclosed by removable walls or covers, while such walls or covers are in place.

4. “Public transportation conveyance” means a vehicle or vessel used in mass transportation of the public, including a train, passenger bus, school bus, taxi, passenger ferry, water shuttle, or an enclosed lift or tram.

5. “Residence” means a structure or an enclosed part of a structure that is used as a dwelling, including a private home, apartment, mobile home, vacation home, or the residential portions of a school.

6. “Retail tobacco store” means an establishment whose primary purpose is to sell or offer for sale to consumers, but not for resale, tobacco products and paraphernalia, in which the sale of other products is merely incidental, and in which the entry of persons under the age of 18 is prohibited at all times.

7. “Smoking” or “smoke” means lighting or possessing a lighted cigar, cigarette, pipe or other tobacco or non-tobacco product designed to be lit and inhaled.

8. “Workplace” means an area, structure or facility, or a portion thereof, at which one or more employees perform a service for compensation.

1. Smoking shall be prohibited in all enclosed workplaces, including individual offices, common work areas, classrooms, meeting rooms, elevators, hallways, lounges, staircases, restrooms, retail stores, and in places where food or drink is served.

2. Smoking shall be prohibited in any public transportation conveyance and in any airport, train station, bus station, or transportation passenger terminal.

3. Smoking shall be prohibited in that portion of any building, vehicle, or vessel owned, leased or operated by the state or one of its political subdivisions.

4. A person or entity that owns, manages, operates or otherwise controls a place of employment shall make and enforce workplace rules to ensure compliance with this section.

1. In a private residence, except during such time when the residence is used as part of a business, such as a childcare center or healthcare facility.

2. In a guest room in a hotel, motel, inn, bed and breakfast, or lodging home that is designed and normally used for sleeping and living purposes, and that is rented to a guest and designated as a smoking room.

3. In a retail tobacco store, provided that smoke from the retail tobacco store does not infiltrate into areas where smoking is prohibited.

4. By a theatrical performer upon a stage or in the course of a professional film production, if the smoking is part of a theatrical production, and if permission has been obtained from the appropriate local authority.

5. By a person or entity that conducts medical or scientific research on tobacco products, if the research is conducted in an enclosed space not open to the public, in a laboratory facility at an accredited college or university, or in a professional testing laboratory as defined by regulation of the Department of [Health].

6. During religious ceremonies in which smoking is part of the ritual.

7. By a tobacco farmer, leaf dealer, manufacturer, importer, exporter, or wholesale distributor of tobacco products, for the sole purpose of testing said tobacco for quality assurance.

8. In private and semiprivate rooms in licensed nursing homes and long-term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted, provided that smoke from these rooms does not infiltrate into areas where smoking is prohibited.

1. The Department of [Health] shall promulgate regulations to implement this section.

2. A person or entity that owns, manages, operates or otherwise controls a place of employment who fails to make and enforce workplace rules to ensure compliance with this section shall be guilty of a misdemeanor punishable by a fine of $500 for the first violation, $5,000 for a second violation, and $10,000 for a third and each subsequent violation.

3. If a person or entity that owns, manages, operates or otherwise controls a place of employment demonstrates egregious noncompliance with this section, all applicable state and local licensing boards will be directed to suspend or revoke that person’s or entity’s license(s) to operate.

4. A person who violates this section by smoking in a place where smoking is prohibited shall be subject to a civil penalty of $100 for each violation.

5. Any person may register a complaint with the Department of [Health] to initiate an investigation and enforcement action.

6. Any person or entity subject to the smoking prohibitions of this section shall not discriminate or retaliate in any manner against a person for making a complaint of a violation of this section or furnishing information concerning a violation.