Mississippi Smoke-Free Air Act of 2026; create.

H. B. No. 253 *HR43/R383* ~ OFFICIAL ~ G1/2
26/HR43/R383
PAGE 1 (MCL\KP)

To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Clark

HOUSE BILL NO. 253

AN ACT TO CREATE THE MISSISSIPPI SMOKE-FREE AIR ACT OF 2026; 1
TO EXPRESS CERTAIN LEGISLATIVE FINDINGS REGARDING THE EFFECTS OF 2
SECONDHAND SMOKE AND OTHER RISKS OF SMOKING; TO DEFINE CERTAIN 3
TERMS; TO PROHIBIT SMOKING IN ENCLOSED PUBLIC PLACES AND PLACES OF 4
EMPLOYMENT, IN PRIVATE CLUBS, IN ENCLOSED RESIDENTIAL FACILITIES 5
AND IN CERTAIN OUTDOOR PUBLIC PLACES AND PLACES OF EMPLOYMENT; TO 6
AUTHORIZE PERSONS TO VOLUNTARILY DESIGNATE AREAS WITHIN THEIR 7
CONTROL AS SMOKE-FREE PLACES; TO PRESCRIBE THE MINIMUM 8
REQUIREMENTS FOR PERSONS IN CONTROL OF AREAS TO BE IN COMPLIANCE 9
WITH THIS ACT; TO REQUIRE PERSONS IN CONTROL OF AREAS TO POST "NO 10
SMOKING" SIGNS AT ALL ENTRANCES TO AREAS WHERE SMOKING IS 11
PROHIBITED; TO AUTHORIZE THE STATE BOARD OF HEALTH TO ADOPT RULES 12
AND REGULATIONS TO IMPLEMENT THIS ACT; TO PROVIDE FOR ENFORCEMENT 13
OF THIS ACT; TO AUTHORIZE CERTAIN OFFICIALS AND OTHER PERSONS TO 14
APPLY FOR INJUNCTIVE RELIEF IN COURT TO ENFORCE THE ACT; TO 15
PROVIDE PENALTIES FOR VIOLATIONS; TO ALLOW POLITICAL SUBDIVISIONS 16
TO ADOPT LOCAL ORDINANCES RELATING TO SMOKING THAT ARE MORE 17
RESTRICTIVE THAN THIS ACT; TO DIRECT THE STATE DEPARTMENT OF 18
HEALTH TO ENGAGE IN A CONTINUING PROGRAM TO EXPLAIN AND CLARIFY 19
THE PURPOSES AND REQUIREMENTS OF THIS ACT TO CITIZENS AFFECTED BY 20
IT, AND TO GUIDE OWNERS, OPERATORS AND MANAGERS IN THEIR 21
COMPLIANCE WITH IT; TO REPEAL SECTIONS 29-5-160 THROUGH 29-5-163, 22
MISSISSIPPI CODE OF 1972, WHICH ARE THE MISSISSIPPI CLEAN INDOOR 23
AIR ACT; AND FOR RELATED PURPOSES. 24
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 25
SECTION 1. This act shall be known and may be cited as the 26
"Mississippi Smoke-Free Air Act of 2026." 27
SECTION 2. The Legislature finds that: 28
H. B. No. 253 *HR43/R383* ~ OFFICIAL ~
26/HR43/R383
PAGE 2 (MCL\KP)

(a) The 2006 U.S. Surgeon General's Report, The Health 29
Consequences of Involuntary Exposure to Tobacco Smoke, has 30
concluded that: (i) secondhand smoke exposure causes disease and 31
premature death in children and adults who do not smoke; (ii) 32
children exposed to secondhand smoke are at an increased risk for 33
sudden infant death syndrome (SIDS), acute respiratory problems, 34
ear infections, and asthma attacks, and that smoking by parents 35
causes respiratory symptoms and slows lung growth in their 36
children; (iii) exposure of adults to secondhand smoke has 37
immediate adverse effects on the cardiovascular system and causes 38
coronary heart disease and lung cancer; (iv) there is no risk-free 39
level of exposure to secondhand smoke; (v) establishing smoke-free 40
workplaces is the only effective way to ensure that secondhand 41
smoke exposure does not occur in the workplace, because 42
ventilation and other air cleaning technologies cannot completely 43
control for exposure of nonsmokers to secondhand smoke; and (vi) 44
evidence from peer-reviewed studies shows that smoke-free policies 45
and laws do not have an adverse economic impact on the hospitality 46
industry. According to the 2010 U.S. Surgeon General's Report, 47
How Tobacco Smoke Causes Disease, even occasional exposure to 48
secondhand smoke is harmful and low levels of exposure to 49
secondhand tobacco smoke lead to a rapid and sharp increase in 50
dysfunction and inflammation of the lining of the blood vessels, 51
which are implicated in heart attacks and stroke. 52
H. B. No. 253 *HR43/R383* ~ OFFICIAL ~
26/HR43/R383
PAGE 3 (MCL\KP)

(b) Numerous studies have found that tobacco smoke is a 53
major contributor to indoor air pollution, and that breathing 54
secondhand smoke (also known as environmental tobacco smoke) is a 55
cause of disease in healthy nonsmokers, including heart disease, 56
stroke, respiratory disease, and lung cancer. The National Cancer 57
Institute determined in 1999 that secondhand smoke is responsible 58
for the early deaths of approximately fifty-three thousand 59
(53,000) Americans annually. 60
(c) The Public Health Service's National Toxicology 61
Program (NTP) has listed secondhand smoke as a known carcinogen. 62
(d) Based on a finding by the California Environmental 63
Protection Agency in 2005, the California Air Resources Board has 64
determined that secondhand smoke is a toxic air contaminant, 65
finding that exposure to secondhand smoke has serious health 66
effects, including: low birth-weight babies; sudden infant death 67
syndrome (SIDS); increased respiratory infections in children; 68
asthma in children and adults; lung cancer, sinus cancer, and 69
breast cancer in younger, premenopausal women; heart disease; and 70
death. 71
(e) There is indisputable evidence that implementing 72
one hundred percent (100%) smoke-free environments is the only 73
effective way to protect the population from the harmful effects 74
of exposure to secondhand smoke. 75
(f) In reviewing eleven (11) studies concluding that 76
communities see an immediate reduction in heart attack admissions 77
H. B. No. 253 *HR43/R383* ~ OFFICIAL ~
26/HR43/R383
PAGE 4 (MCL\KP)

after the implementation of comprehensive smoke-free laws, the 78
Institute of Medicine of the National Academies concluded that 79
data consistently demonstrate that secondhand smoke exposure 80
increases the risk of coronary heart disease and heart attacks and 81
that smoke-free laws reduce heart attacks. 82
(g) A significant amount of secondhand smoke exposure 83
occurs in the workplace. Employees who work in smoke-filled 84
businesses suffer a twenty-five to fifty percent (25-50%) higher 85
risk of heart attack and higher rates of death from cardiovascular 86
disease and cancer, as well as increased acute respiratory disease 87
and measurable decrease in lung function. 88
(h) Studies measuring cotinine (metabolized nicotine) 89
and NNAL (metabolized nitrosamine NNK, a tobacco-specific 90
carcinogen linked to lung cancer) in hospitality workers find 91
dramatic reductions in the levels of these biomarkers after a 92
smoke-free law takes effect. Average cotinine levels of New York 93
City restaurant and bar workers decreased by eighty-five percent 94
(85%) after the city's smoke-free law went into effect. After the 95
implementation of Canada's Smoke-Free Ontario Act, levels of NNAL 96
were reduced by fifty-two percent (52%) in nonsmoking casino 97
employees and cotinine levels fell by ninety-eight percent (98%). 98
(i) Following a Health Hazard Evaluation of Las Vegas 99
casino employees' secondhand smoke exposure in the workplace, 100
which included indoor air quality tests and biomarker assessments, 101
the National Institute of Occupational Safety and Health (NIOSH) 102
H. B. No. 253 *HR43/R383* ~ OFFICIAL ~
26/HR43/R383
PAGE 5 (MCL\KP)

concluded that the casino employees are exposed to dangerous 103
levels of secondhand smoke at work and that their bodies absorb 104
high levels of tobacco-specific chemicals NNK and cotinine during 105
work shifts. NIOSH also concluded that the "best means of 106
eliminating workplace exposure to [secondhand smoke] is to ban all 107
smoking in the casinos." 108
(j) Secondhand smoke is particularly hazardous to 109
elderly people, individuals with cardiovascular disease, and 110
individuals with impaired respiratory function, including 111
asthmatics and those with obstructive airway disease. The 112
Americans With Disabilities Act, which requires that disabled 113
persons have access to public places and workplaces, deems 114
impaired respiratory function to be a disability. 115
(k) The U.S. Centers for Disease Control and Prevention 116
has determined that the risk of acute myocardial infarction and 117
coronary heart disease associated with exposure to tobacco smoke 118
is nonlinear at low doses, increasing rapidly with relatively 119
small doses such as those received from secondhand smoke or 120
actively smoking one (1) or two (2) cigarettes a day, and has 121
warned that all patients at increased risk of coronary heart 122
disease or with known coronary artery disease should avoid all 123
indoor environments that permit smoking. 124
(l) Given the fact that there is no safe level of 125
exposure to secondhand smoke, the American Society of Heating, 126
Refrigerating and Air Conditioning Engineers (ASHRAE) bases its 127
H. B. No. 253 *HR43/R383* ~ OFFICIAL ~
26/HR43/R383
PAGE 6 (MCL\KP)

ventilation standards on totally smoke-free environments. ASHRAE 128
has determined that there is currently no air filtration or other 129
ventilation technology that can completely eliminate all the 130
carcinogenic components in secondhand smoke and the health risks 131
caused by secondhand smoke exposure, and the society recommends 132
that indoor environments be smoke-free in their entirety. 133
(m) During periods of active smoking, peak and average 134
outdoor tobacco smoke (OTS) levels measured in outdoor cafes and 135
restaurant and bar patios near smokers rival indoor tobacco smoke 136
concentrations. Nonsmokers who spend six-hour periods in outdoor 137
smoking sections of bars and restaurants experience a significant 138
increase in levels of cotinine when compared to the cotinine 139
levels in a smoke-free outdoor area. 140
(n) Residual tobacco contamination, or "thirdhand 141
smoke," from cigarettes, cigars, and other tobacco products is 142
left behind after smoking occurs and builds up on surfaces and 143
furnishings. This residue can linger in spaces long after smoking 144
has ceased and continue to expose people to tobacco toxins. 145
Sticky, highly toxic particulate matter, including nicotine, can 146
cling to walls and ceilings. Gases can be absorbed into carpets, 147
draperies, and other upholsteries, and then be reemitted 148
(off-gassed) back into the air and recombine to form harmful 149
compounds. Tobacco residue is noticeably present in dust 150
throughout places where smoking has occurred. Given the rapid 151
absorption and persistence of high levels of residual nicotine 152
H. B. No. 253 *HR43/R383* ~ OFFICIAL ~
26/HR43/R383
PAGE 7 (MCL\KP)

from tobacco smoke on indoor surfaces, including clothing and 153
human skin, this recently identified process represents an 154
unappreciated health hazard through dermal exposure, dust 155
inhalation, and ingestion. 156
(o) Unregulated high-tech smoking devices, commonly 157
referred to as electronic cigarettes, or "e-cigarettes," closely 158
resemble and purposefully mimic the act of smoking by having users 159
inhale vaporized liquid nicotine created by heat through an 160
electronic ignition system. After testing a number of 161
e-cigarettes from two leading manufacturers, the Food and Drug 162
Administration (FDA) determined that various samples tested 163
contained not only nicotine but also detectable levels of known 164
carcinogens and toxic chemicals, including tobacco-specific 165
nitrosamines and diethylene glycol, a toxic chemical used in 166
antifreeze. The FDA's testing also suggested that "quality 167
control processes used to manufacture these products are 168
inconsistent or nonexistent." E-cigarettes produce a vapor of 169
undetermined and potentially harmful substances, which may appear 170
similar to the smoke emitted by traditional tobacco products. 171
Their use in workplaces and public places where smoking of 172
traditional tobacco products is prohibited creates concern and 173
confusion and leads to difficulties in enforcing the smoking 174
prohibitions. 175
(p) The Society of Actuaries has determined that 176
secondhand smoke costs the United States economy roughly Ten 177
H. B. No. 253 *HR43/R383* ~ OFFICIAL ~
26/HR43/R383
PAGE 8 (MCL\KP)

Billion Dollars ($10,000,000,000.00) a year: Five Billion Dollars 178
($5,000,000,000.00) in estimated medical costs associated with 179
secondhand smoke exposure and Four Billion Six Hundred Million 180
Dollars ($4,600,000,000.00) in lost productivity. 181
(q) Numerous economic analyses examining restaurant and 182
hotel receipts and controlling for economic variables have shown 183
either no difference or a positive economic impact after enactment 184
of laws requiring workplaces to be smoke free. Creation of 185
smoke-free workplaces is sound economic policy and provides the 186
maximum level of employee health and safety. 187
(r) There is no legal or constitutional "right to 188
smoke." Business owners have no legal or constitutional right to 189
expose their employees and customers to the toxic chemicals in 190
secondhand smoke. On the contrary, employers have a common law 191
duty to provide their workers with a workplace that is not 192
unreasonably dangerous. 193
(s) Smoking is a potential cause of fires, and 194
cigarette and cigar burns and ash stains on merchandise and 195
fixtures causes economic damage to businesses. 196
(t) The smoking of tobacco is a form of air pollution, 197
a positive danger to health, and a material public nuisance. 198
(2) Accordingly, the Legislature declares that the purposes 199
of this act are to: 200
(a) Protect the public health and welfare by 201
prohibiting smoking in public places and places of employment; and 202
H. B. No. 253 *HR43/R383* ~ OFFICIAL ~
26/HR43/R383
PAGE 9 (MCL\KP)

(b) Guarantee the right of nonsmokers to breathe 203
smoke-free air, and to recognize that the need to breathe 204
smoke-free air has priority over the desire to smoke. 205
(3) This act shall be liberally construed so as to further 206
its purposes. 207
SECTION 3. As used in this act, the following words and 208
phrases have the meanings as defined in this section unless the 209
context clearly indicates otherwise: 210
(a) "Bar" means an establishment that is devoted to the 211
serving of alcoholic beverages for consumption by guests on the 212
premises and in which the serving of food is only incidental to 213
the consumption of those beverages, including, but not limited to, 214
taverns, nightclubs, cocktail lounges, and cabarets. 215
(b) "Business" means a sole proprietorship, 216
partnership, joint venture, corporation, or other business entity, 217
either for-profit or not-for-profit, including retail 218
establishments where goods or services are sold; professional 219
corporations and other entities where legal, medical, dental, 220
engineering, architectural, or other professional services are 221
delivered; and private clubs. 222
(c) "E-cigarette" means any electronic oral device, 223
such as one composed of a heating element, battery, and/or 224
electronic circuit, which provides a vapor of nicotine or any 225
other substances, and the use or inhalation of which simulates 226
smoking. The term includes any such device, whether manufactured, 227
H. B. No. 253 *HR43/R383* ~ OFFICIAL ~
26/HR43/R383
PAGE 10 (MCL\KP)

distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, 228
or under any other product name or descriptor. 229
(d) "Employee" means a person who is employed by an 230
employer in consideration for direct or indirect monetary wages or 231
profit, and a person who volunteers his or her services for a 232
nonprofit entity. 233
(e) "Employer" means a person, business, partnership, 234
association, corporation, including a municipal corporation, 235
trust, or nonprofit entity that employs the services of one or 236
more individual persons. 237
(f) "Enclosed area" means all space between a floor and 238
a ceiling that is bounded on at least two (2) sides by walls, 239
doorways, or windows, whether open or closed. A wall includes any 240
retractable divider, garage door, or other physical barrier, 241
whether temporary or permanent and whether or not containing 242
openings of any kind. 243
(g) "Health care facility" means an office or 244
institution providing care or treatment of diseases, whether 245
physical, mental, or emotional, or other medical, physiological, 246
or psychological conditions, including, but not limited to, 247
hospitals, rehabilitation hospitals or other clinics, including 248
weight control clinics, nursing homes, long-term care facilities, 249
homes for the aging or chronically ill, laboratories, and offices 250
of surgeons, chiropractors, physical therapists, physicians, 251
psychiatrists, dentists, and all specialists within these 252
H. B. No. 253 *HR43/R383* ~ OFFICIAL ~
26/HR43/R383
PAGE 11 (MCL\KP)

professions. This definition includes all waiting rooms, 253
hallways, private rooms, semiprivate rooms, and wards within 254
health care facilities. 255
(h) "Place of employment" means an area under the 256
control of a public or private employer, including, but not 257
limited to, work areas, private offices, employee lounges, 258
restrooms, conference rooms, meeting rooms, classrooms, employee 259
cafeterias, hallways, construction sites, temporary offices, and 260
vehicles. A private residence is not a "place of employment" 261
unless it is used as a child care, adult day care, or health care 262
facility. 263
(i) "Playground" means any park or recreational area 264
designed in part to be used by children which has play or sports 265
equipment installed or which has been designated or landscaped for 266
play or sports activities, or any similar facility located on 267
public or private school grounds or on municipal, county, or state 268
park grounds. 269
(j) "Private club" means an organization, whether 270
incorporated or not, which is the owner, lessee, or occupant of a 271
building or portion thereof used exclusively for club purposes at 272
all times, which is operated solely for a recreational, fraternal, 273
social, patriotic, political, benevolent, or athletic purpose, but 274
not for pecuniary gain, and which only sells alcoholic beverages 275
incidental to its operation. The affairs and management of such 276
an organization must be conducted by a board of directors, 277
H. B. No. 253 *HR43/R383* ~ OFFICIAL ~
26/HR43/R383
PAGE 12 (MCL\KP)

executive committee, or similar body chosen by the members at an 278
annual meeting. The organization must have established bylaws 279
and/or a constitution to govern its activities, and it must have 280
been granted an exemption from the payment of federal income tax 281
as a club under 26 USCS Section 501. 282
(k) "Public place" means an area to which the public is 283
invited or in which the public is permitted, including, but not 284
limited to, banks, bars, educational facilities, gaming 285
facilities, health care facilities, hotels and motels, 286
laundromats, public transportation vehicles and facilities, 287
reception areas, restaurants, retail food production and marketing 288
establishments, retail service establishments, retail stores, 289
shopping malls, sports arenas, theaters, and waiting rooms. A 290
private residence is not a "public place" unless it is used as a 291
child care, adult day care, or health care facility. 292
(l) "Restaurant" means an eating establishment, 293
including, but not limited to, coffee shops, cafeterias, sandwich 294
stands, and private and public school cafeterias, which gives or 295
offers for sale food to the public, guests, or employees, as well 296
as kitchens and catering facilities in which food is prepared on 297
the premises for serving elsewhere. The term "restaurant" 298
includes a bar area within the restaurant. 299
(m) "Service line" means an indoor or outdoor line in 300
which one or more persons are waiting for or receiving service of 301
any kind, whether or not the service involves the exchange of 302
H. B. No. 253 *HR43/R383* ~ OFFICIAL ~
26/HR43/R383
PAGE 13 (MCL\KP)

money, including, but not limited to, ATM lines, concert lines, 303
food vendor lines, movie ticket lines, and sporting event lines. 304
(n) "Shopping mall" means an enclosed public walkway or 305
hall area that serves to connect retail or professional 306
establishments. 307
(o) "Smoking" means inhaling, exhaling, burning, or 308
carrying any lighted or heated cigar, cigarette, or pipe, or any 309
other lighted or heated tobacco or plant product intended for 310
inhalation, in any manner or in any form. "Smoking" also 311
includes, but is not limited to, the use of an e-cigarette that 312
creates a vapor, in any manner or in any form, or the use of any 313
oral smoking device for the purpose of circumventing the 314
prohibition of smoking in this act. 315
(p) "Sports arena" means a place where people assemble 316
to engage in physical exercise, participate in athletic 317
competition, or witness sports or other events, including, but not 318
limited to, sports pavilions, stadiums, gymnasiums, health spas, 319
boxing arenas, swimming pools, roller and ice rinks, and bowling 320
alleys. 321
SECTION 4. All enclosed areas, including, but not limited 322
to, buildings and vehicles owned, leased, or operated by the state 323
or any of its subdivisions, as well as all outdoor property 324
adjacent to those buildings and under the control of the state, 325
are subject to this act. 326
H. B. No. 253 *HR43/R383* ~ OFFICIAL ~
26/HR43/R383
PAGE 14 (MCL\KP)

SECTION 5. Smoking is prohibited in all enclosed public 327
places within the State of Mississippi, including, but not limited 328
to, the following places: 329
(a) Aquariums, galleries, libraries and museums; 330
(b) Areas available to the general public in businesses 331
and nonprofit entities patronized by the public, including, but 332
not limited to, banks, laundromats, professional offices and 333
retail service establishments; 334
(c) Bars; 335
(d) Bingo facilities; 336
(e) Child care and adult day care facilities; 337
(f) Convention facilities; 338
(g) Educational facilities, both public and private; 339
(h) Elevators; 340
(i) Gaming facilities; 341
(j) Health care facilities; 342
(k) Hotels and motels; 343
(l) Lobbies, hallways, and other common areas in 344
apartment buildings, condominiums, trailer parks, retirement 345
facilities, nursing homes and other multiple-unit residential 346
facilities; 347
(m) Polling places; 348
(n) Public transportation vehicles, including, but not 349
limited to, buses and taxicabs, under the authority of the state 350
or any of its subdivisions, and ticket, boarding and waiting areas 351
H. B. No. 253 *HR43/R383* ~ OFFICIAL ~
26/HR43/R383
PAGE 15 (MCL\KP)

of public transportation facilities, including bus, train and 352
airport facilities; 353
(o) Restaurants; 354
(p) Restrooms, lobbies, reception areas, hallways and 355
other common-use areas; 356
(q) Retail stores; 357
(r) Rooms, chambers, places of meeting or public 358
assembly, including, but not limited to, school buildings, under 359
the control of an agency, board, commission, committee or council 360
of the state or any of its subdivisions; 361
(s) Service lines; 362
(t) Shopping malls; 363
(u) Sports arenas, including, but not limited to, 364
enclosed places in outdoor arenas; and 365
(v) Theaters and other facilities primarily used for 366
exhibiting motion pictures, stage dramas, lectures, musical 367
recitals, or other similar performances. 368
SECTION 6. (1) Smoking is prohibited in all enclosed areas 369
of places of employment without exception. This includes, but is 370
not limited to, common work areas, auditoriums, classrooms, 371
conference and meeting rooms, private offices, elevators, 372
hallways, medical facilities, cafeterias, employee lounges, 373
stairs, restrooms, vehicles and all other enclosed facilities. 374
H. B. No. 253 *HR43/R383* ~ OFFICIAL ~
26/HR43/R383
PAGE 16 (MCL\KP)

(2) This prohibition on smoking must be communicated to all 375
current employees on July 1, 2026, and to all prospective 376
employees upon their application for employment. 377
SECTION 7. Smoking is prohibited in all private clubs. 378
SECTION 8. Smoking is prohibited in the following enclosed 379
residential facilities: 380
(a) All private and semi-private rooms in nursing 381
homes; and 382
(b) All hotel and motel rooms that are rented to 383
guests. 384
SECTION 9. Smoking is prohibited in the following outdoor 385
places: 386
(a) Within twenty (20) feet outside entrances, operable 387
windows, and ventilation systems of enclosed areas where smoking 388
is prohibited, so as to prevent tobacco smoke from entering those 389
areas; 390
(b) On all outdoor property that is adjacent to 391
buildings owned, leased or operated by the state and that is under 392
the control of the state; 393
(c) In, and within twenty (20) feet of, outdoor seating 394
or serving areas of restaurants and bars; 395
(d) In all outdoor arenas, stadiums, and amphitheaters. 396
Smoking also is prohibited within twenty (20) feet of bleachers 397
and grandstands for use by spectators at sporting and other public 398
events; 399
H. B. No. 253 *HR43/R383* ~ OFFICIAL ~
26/HR43/R383
PAGE 17 (MCL\KP)

(e) In, and within twenty (20) feet of, all outdoor 400
playgrounds; 401
(f) In, and within twenty (20) feet of, all outdoor 402
public transportation stations, platforms and shelters under the 403
authority of the state or any of its subdivisions; 404
(g) In all outdoor service lines, including lines in 405
which service is obtained by persons in vehicles, such as service 406
that is provided by bank tellers, parking lot attendants and toll 407
takers. In lines in which service is obtained by persons in 408
vehicles, smoking is prohibited by both pedestrians and persons in 409
vehicles, but only within twenty (20) feet of the point of 410
service; and 411
(h) In outdoor common areas of apartment buildings, 412
condominiums, trailer parks, retirement facilities, nursing homes, 413
and other multiple-unit residential facilities, except in 414
designated smoking areas, not to exceed twenty-five percent (25%) 415
of the total outdoor common area, which must be located at least 416
twenty (20) feet outside entrances, operable windows and 417
ventilation systems of enclosed areas where smoking is prohibited. 418
SECTION 10. (1) Smoking is prohibited in all outdoor places 419
of employment where two (2) or more employees are required to be 420
in the course of their employment. This includes, but is not 421
limited to, work areas, construction sites, temporary offices such 422
as trailers, restroom facilities and vehicles. 423
H. B. No. 253 *HR43/R383* ~ OFFICIAL ~
26/HR43/R383
PAGE 18 (MCL\KP)

(2) This prohibition on smoking must be communicated to all 424
current employees on July 1, 2026, and to all prospective 425
employees upon their application for employment. 426
SECTION 11. Notwithstanding any other provision of this act 427
to the contrary, smoking is not prohibited in private residences 428
unless a residence is used as a child care, adult day care, or 429
health care facility. 430
SECTION 12. Notwithstanding any other provision of this act, 431
an owner, operator, manager, or other person in control of an 432
establishment, facility, or outdoor area may declare that entire 433
establishment, facility, or outdoor area as a nonsmoking place. 434
Smoking is prohibited in any place in which a sign conforming to 435
the requirements of Section 13(a) is posted. 436
SECTION 13. The owner, operator, manager, or other person in 437
control of a public place or place of employment where smoking is 438
prohibited by this act shall: 439
(a) Clearly and conspicuously post "No Smoking" signs 440
or the international "No Smoking" symbol (consisting of a 441
pictorial representation of a burning cigarette enclosed in a red 442
circle with a red bar across it) in that place; 443
(b) Clearly and conspicuously post at every entrance to 444
that place a sign stating that smoking is prohibited; 445
(c) Clearly and conspicuously post on every vehicle 446
that constitutes a place of employment under this act at least one 447
H. B. No. 253 *HR43/R383* ~ OFFICIAL ~
26/HR43/R383
PAGE 19 (MCL\KP)

(1) sign, visible from the exterior of the vehicle, stating that 448
smoking is prohibited; and 449
(d) Remove all ashtrays from any area where smoking is 450
prohibited by this act, except for ashtrays displayed for sale and 451
not for use on the premises. 452
SECTION 14. (1) A person or employer may not discharge, 453
refuse to hire, or in any manner retaliate against an employee, 454
applicant for employment, customer, or resident of a multiple-unit 455
residential facility because that employee, applicant, customer, 456
or resident exercises any rights afforded by this act or reports 457
or attempts to prosecute a violation of this act. Notwithstanding 458
Section 17 of this act, violation of this subsection is a 459
misdemeanor, punishable by a fine not to exceed One Thousand 460
Dollars ($1,000.00) for each violation. 461
(2) An employee who works in a setting where an employer 462
allows smoking does not waive or otherwise surrender any legal 463
rights the employee may have against the employer or any other 464
party. 465
SECTION 15. The State Board of Health shall adopt rules and 466
regulations as are necessary and reasonable to implement this act. 467
Notice of the provisions of this act must be given to all 468
applicants for a business license in the state. 469
SECTION 16. (1) This act must be enforced by local health 470
departments, city managers, county administrators, and their 471
authorized designees. 472
H. B. No. 253 *HR43/R383* ~ OFFICIAL ~
26/HR43/R383
PAGE 20 (MCL\KP)

(2) Any citizen who desires to register a complaint under 473
this act may initiate enforcement with the local health 474
department, city manager, or county administrator. 475
(3) Local health departments, fire departments, and their 476
designees shall inspect, while an establishment is undergoing 477
otherwise mandated inspections, for compliance with this act. 478
(4) An owner, manager, operator, or employee of an area 479
regulated by this act shall direct a person who is smoking in 480
violation of this act to extinguish the product being smoked. If 481
the person does not stop smoking, the owner, manager, operator, or 482
employee shall refuse service and immediately ask the person to 483
leave the premises. If the person in violation refuses to leave 484
the premises, the owner, manager, operator, or employee shall 485
contact a law enforcement agency. 486
(5) Notwithstanding any other provision of this act, an 487
employee or private citizen may bring legal action to enforce this 488
act. 489
(6) In addition to the remedies provided by this section, 490
local health departments, city managers, county administrators, 491
and any persons aggrieved by the failure of the owner, operator, 492
manager, or other person in control of a public place or a place 493
of employment to comply with this act, may apply for injunctive 494
relief to enforce those provisions in any court of competent 495
jurisdiction. 496
H. B. No. 253 *HR43/R383* ~ OFFICIAL ~
26/HR43/R383
PAGE 21 (MCL\KP)

SECTION 17. (1) A person who smokes in an area where 497
smoking is prohibited by this act is guilty of a misdemeanor, 498
punishable by a fine not exceeding Fifty Dollars ($50.00). 499
(2) Except as otherwise provided in Section 14(1), a person 500
who owns, manages, operates, or otherwise controls a public place 501
or place of employment and who fails to comply with this act is 502
guilty of a misdemeanor, punishable by: 503
(a) A fine not exceeding One Hundred Dollars ($100.00) 504
for a first violation; 505
(b) A fine not exceeding Two Hundred Dollars ($200.00) 506
for a second violation within one (1) year; or 507
(c) A fine not exceeding Five Hundred Dollars ($500.00) 508
for each additional violation within one (1) year. 509
(3) In addition to the fines established by this section, 510
violation of this act by a person who owns, manages, operates, or 511
otherwise controls a public place or place of employment may 512
result in the suspension or revocation of any permit or license 513
issued to the person for the premises on which the violation 514
occurred. 515
(4) Violation of this act is declared to be a public 516
nuisance, which may be abated by restraining order, preliminary 517
and permanent injunction, or other means provided for by law. 518
(5) Each day on which a violation of this act occurs is 519
considered a separate and distinct violation. 520
H. B. No. 253 *HR43/R383* ~ OFFICIAL ~
26/HR43/R383
PAGE 22 (MCL\KP)
ST: Mississippi Smoke-Free Air Act of 2026;
create.
SECTION 18. This act may not be construed to prevent a 521
political subdivision of the state from adopting local ordinances 522
or regulations relating to smoking in workplaces and public places 523
which are more restrictive than this act, nor does this act repeal 524
any existing local ordinances or regulations that provide 525
restrictions on smoking which are equivalent to, or greater than, 526
those provided by this act. 527
SECTION 19. The State Department of Health shall engage in a 528
continuing program to explain and clarify the purposes and 529
requirements of this act to citizens affected by the act, and to 530
guide owners, operators and managers in their compliance with the 531
act. The program may include publication of a brochure for 532
affected businesses and individuals explaining the provisions of 533
this act. 534
SECTION 20. This act may not be interpreted or construed to 535
permit smoking where it is otherwise restricted by other 536
applicable state or local laws. 537
SECTION 21. This act may not be construed as amending or 538
repealing Section 41-114-1, 97-32-29 or 97-35-1(4). 539
SECTION 22. Sections 29-5-160, 29-5-161 and 29-5-163, 540
Mississippi Code of 1972, which are the Mississippi Clean Indoor 541
Air Act, are repealed. 542
SECTION 23. This act shall take effect and be in force from 543
and after July 1, 2026. 544