HB 438 Summary

• Repeals sections 191.765-191.777 of the Missouri Indoor Clean Air Act and enacts eleven new sections (191.1200-191.1230) establishing a comprehensive statewide smoking prohibition.

• Prohibits smoking in all enclosed public places including bars, restaurants, health care facilities, educational facilities, gaming facilities, hotels (except up to 20% designated smoking rooms), shopping malls, sports arenas, and public transportation facilities.

• Prohibits smoking in all enclosed areas of workplaces and in outdoor areas within 15 feet of building entrances, windows, and ventilation systems, as well as in outdoor arenas, playgrounds, and public transportation stations.

• Exempts private residences (except when used as child care, adult day care, or health care facilities) and tobacco retail outlets from smoking prohibitions; allows local political subdivisions to enact more stringent rules.

• Establishes enforcement by the Department of Health and Senior Services with penalties including fines of $50 for first violation, $100 for second violation within one year, and $500 for third or subsequent violations; violators also subject to license suspension or revocation; effective January 2, 2012.