HOUSE BILL NO. 1618 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SASSMANN.
5027H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 191.765, 191.767, 191.769, 191.771, 191.773, 191.775, 191.776, and 191.777, RSMo, and to enact in lieu thereof nine new sections relating to indoor air quality, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 191.765, 191.767, 191.769, 191.771, 191.773, 191.775, 191.776, 2 and 191.777, RSMo, are repealed and nine new sections enacted in lieu thereof, to be known 3 as sections 191.2710, 191.2715, 191.2720, 191.2725, 191.2730, 191.2735, 191.2740, 4 191.2745, and 191.2750, to read as follows: 191.2710. Sections 191.2710 to 191.2750 shall be known and may be cited as the 2 "Missouri Clean Indoor Air Act". 191.2715. As used in sections 191.2710 to 191.2750, unless the context otherwise 2 requires, the following terms mean: 3 (1) "Auditorium", the part of a public building where an audience gathers to 4 attend a performance, including any corridors, hallways, or lobbies adjacent thereto; 5 (2) "Bar", any indoor area that is operated and licensed under chapter 311, 6 primarily for the sale and service of alcoholic beverages for on-premises consumption 7 and where the service of food is secondary to the consumption of such alcoholic 8 beverages; 9 (3) "Cigar-tobacco bar", a bar that: 10 (a) Is located in a freestanding structure occupied solely by the bar such that the 11 bar does not share any wall with an indoor area in which smoking is prohibited under 12 sections 191.2710 to 191.2750; and
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1618 2
13 (b) In the calendar year ending December 31, 2025, derived revenue from the 14 on-site sale of tobacco products and the rental of on-site humidors, not including any 15 sales from vending machines; 16 (4) "Electronic smoking device" or "ESD": 17 (a) Any product that contains or delivers nicotine or any other substance 18 intended for human consumption and that can be used by a person to enable the 19 inhalation of vapor or aerosol from the product; or 20 (b) Any product or device similar to a product described in paragraph (a) of this 21 subdivision, whether manufactured, distributed, marketed, or sold as an e-cigarette, e- 22 cigar, e-pipe, e-hookah, or vape pen or under any other product name or descriptor; 23 (c) Shall not include: 24 a. A humidifier or similar device that emits only water vapor; or 25 b. An inhaler, nebulizer, or vaporizer that is approved by the federal Food and 26 Drug Administration for the delivery of medication; 27 (5) "Employee": 28 (a) Any person who: 29 a. Performs any type of work for benefit of another in consideration of direct or 30 indirect wages or profit; or 31 b. Provides uncompensated work or services to a business or nonprofit entity; 32 and 33 (b) Shall include every person described in paragraph (a) of this subdivision 34 regardless of whether such person is referred to as an employee, contractor, 35 independent contractor, or volunteer or by any other designation or title; 36 (6) "Employer", any person, partnership, association, corporation, or nonprofit 37 entity that employs one or more persons including, but not limited to, the legislative, 38 executive, and judicial branches of state government; any political subdivision or 39 instrumentality thereof; any special district or local authority, commission, or agency of 40 the state; or any other separate corporate instrumentality or unit of state or local 41 government; 42 (7) "Enclosed area", all space between a floor and a ceiling that is bounded on at 43 least two sides by walls, doorways, or windows, whether open or closed. For purposes of 44 this subdivision, a wall includes any retractable divider, garage door, or other physical 45 barrier, whether temporary or permanent, regardless of whether it contains openings of 46 any kind; 47 (8) "Entryway", the outside of the front or main doorway leading into a building 48 or facility that is not exempted from sections 191.2710 to 191.2750 under section 49 191.2725. The term "entryway" shall include the area of public or private property HB 1618 3
50 within a specified radius outside of the doorway. The specified radius may be 51 determined by a political subdivision under section 191.2735 but shall be at least twenty- 52 five feet unless subdivision (2) or (3) of subsection 3 of section 191.2735 applies. If the 53 political subdivision has not acted, the specified radius is twenty-five feet; 54 (9) "Exempt cigar-tobacco bar", a cigar-tobacco bar that, in the most recent 55 calendar year, derived more than fifty percent of its annual gross revenue from the on- 56 site sale of tobacco products and the rental of on-site humidors, not including any sales 57 from vending machines, as verified by the department of health and senior services; 58 (10) "Food service establishment", any indoor area or portion thereof in which 59 the principal business is the sale of food for on-premises consumption including, but not 60 limited to, restaurants, cafeterias, coffee shops, diners, sandwich shops, and short-order 61 cafes; 62 (11) "Health care facility", an office or institution providing care or treatment of 63 diseases, whether physical, mental, or emotional, or other medical, physiological, or 64 psychological conditions including, but not limited to, hospitals; rehabilitation hospitals 65 or other clinics, including weight control clinics; nursing homes; long-term care 66 facilities; homes for the aging or chronically ill; laboratories; and offices of surgeons, 67 chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists 68 within these professions. The term "health care facility" shall include all waiting rooms, 69 hallways, private rooms, semiprivate rooms, and wards within such office or institution; 70 (12) "Hookah", a water pipe and any associated products and devices that are 71 used to produce fumes, smoke, or vapor from the burning of material including, but not 72 limited to, tobacco, shisha, or other plant matter; 73 (13) "Indoor area", any enclosed area or portion thereof. The opening of 74 windows or doors, or the temporary removal of wall panels, shall not convert an indoor 75 area into an outdoor area; 76 (14) "Local public health agency", a county health center board established 77 under chapter 205, a county health department, a combined city and county health 78 department or agency, a multicounty health department or agency, or any other county 79 health authority; 80 (15) "Marijuana", the same meaning given to the term in Article XIV of the 81 Constitution of Missouri; 82 (16) "Place of employment", any indoor area or portion thereof under the 83 control of an employer in which employees of the employer perform services for, or on 84 behalf of, the employer; 85 (17) "Political subdivision", any county, city, town, or village; HB 1618 4
86 (18) "Private club", an organization, regardless of whether it is incorporated, 87 that: 88 (a) Is the owner, lessee, or occupant of a building, or portion thereof, used 89 exclusively for club purposes at all times; 90 (b) Is operated solely for a recreational, fraternal, social, patriotic, political, 91 benevolent, or athletic purpose, but not for pecuniary gain; 92 (c) Only sells alcoholic beverages incidental to its operation; 93 (d) Conducts its affairs and management through a board of directors, executive 94 committee, or similar body chosen by the members at an annual meeting; 95 (e) Has established bylaws or a constitution to govern its activities; and 96 (f) Has been granted an exemption from the payment of federal income tax as a 97 club under 26 U.S.C. Section 501; 98 (19) "Public building", any building owned or operated by: 99 (a) The state, including the legislative, executive, and judicial branches of state 100 government; 101 (b) Any political subdivision or instrumentality thereof or any special district or 102 local authority, commission, or agency of the state; or 103 (c) Any other separate corporate instrumentality or unit of state or local 104 government; 105 (20) "Public meeting", the same meaning given to the term in section 610.010; 106 (21) "Secondhand smoke", the complex mixture formed from the escaping 107 smoke of a burning tobacco product, marijuana product, or other plant product 108 intended for inhalation, also known as "sidestream smoke", and smoke exhaled by the 109 smoker; 110 (22) "Smoke-free work area", a work area where smoking is prohibited under 111 sections 191.2710 to 191.2750; 112 (23) "Smoking", inhaling, exhaling, burning, or carrying any lighted or heated 113 cigar, cigarette, or pipe or any other lighted or heated tobacco or plant product intended 114 for inhalation, including marijuana, whether natural or synthetic, in any manner or in 115 any form. The term "smoking" also includes the use of an ESD; 116 (24) "Tobacco", cigarettes, cigars, cheroots, stogies, and periques; granulated, 117 plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff and snuff flour; 118 cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts, refuse 119 scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of 120 tobacco, prepared in such manner as to be suitable for chewing or for smoking in a 121 cigarette, pipe, or otherwise, or for both chewing and smoking. The term "tobacco" HB 1618 5
122 also includes cloves and any other plant matter or product that is packaged for smoking 123 except for marijuana; 124 (25) "Tobacco business", a sole proprietorship, corporation, partnership, or 125 other enterprise that is: 126 (a) Located in a freestanding structure occupied solely by the business such that 127 the business does not share any wall with an indoor area in which smoking is prohibited 128 under sections 191.2710 to 191.2750; and 129 (b) Engaged primarily in the sale, manufacture, or promotion of tobacco, 130 tobacco products, or smoking devices or accessories, including ESDs, either at wholesale 131 or retail, and in which the sale, manufacture, or promotion of other products is merely 132 incidental; 133 (26) "Work area", an area in a place of employment where one or more 134 employees are routinely assigned and perform services for or on behalf of their 135 employer. 191.2720. 1. Except as provided in section 191.2725, smoking is not permitted 2 and a person shall not smoke in any indoor area including, but not limited to: 3 (1) Public meeting places; 4 (2) Elevators; 5 (3) Government-owned or -operated means of mass transportation including, 6 but not limited to, buses, vans, and trains; 7 (4) Public transportation facilities including, but not limited to, bus, train, and 8 airport facilities; 9 (5) Taxicabs and limousines; 10 (6) Grocery stores; 11 (7) Gymnasiums; 12 (8) Jury waiting and deliberation rooms; 13 (9) Courtrooms; 14 (10) Child day care facilities; 15 (11) Health care facilities; 16 (12) Any place of employment that is not exempted regardless of the number of 17 employees or whether it is open to the public. In the case of employers who own 18 facilities otherwise exempted from sections 191.2710 to 191.2750, each such employer 19 shall provide a smoke-free work area for each employee requesting not to have to 20 breathe secondhand smoke and emissions from electronic smoking devices; 21 (13) Food service establishments; 22 (14) Bars, including cigar-tobacco bars that do not qualify as exempt cigar- 23 tobacco bars; HB 1618 6
24 (15) Gaming facilities and any other facilities in which any gaming or gambling 25 activity is conducted; 26 (16) Indoor sports arenas; 27 (17) Restrooms, lobbies, hallways, and other common areas in public and private 28 buildings, condominiums, and other multiple-unit residential facilities; 29 (18) Bowling alleys; 30 (19) Billiard or pool halls; 31 (20) Retirement facilities, publicly owned housing facilities, nursing homes, and 32 any facilities licensed under chapter 198; 33 (21) Public buildings; 34 (22) Auditoriums; 35 (23) Theaters; 36 (24) Museums; 37 (25) Libraries; 38 (26) Public and nonpublic schools; 39 (27) Other educational and vocational institutions; 40 (28) Airports; 41 (29) Hotel and motel rooms; 42 (30) Private clubs; and 43 (31) The entryways of all buildings and facilities listed in this subsection. 44 2. A cigar-tobacco bar shall not operate unless it holds a permit issued by the 45 department of health and senior services authorizing its operations. Permits shall be 46 valid for a period of one year from the date of issuance and may be renewed annually. 47 Before any issuance or renewal of a permit under this subsection, the department of 48 health and senior services shall evaluate the annual gross revenue of the cigar-tobacco 49 bar to determine whether the cigar-tobacco bar qualifies as an exempt cigar-tobacco 50 bar. The permit shall specify whether the cigar-tobacco bar is an exempt cigar-tobacco 51 bar. 52 3. An exempt cigar-tobacco bar: 53 (1) Shall not expand its size or change its location from the size and location in 54 which it existed as of August 28, 2026; 55 (2) Shall not permit the smoking of any tobacco products other than cigars on its 56 premises; and 57 (3) Shall prohibit entry by any person under twenty-one years of age and shall 58 display signage in at least one conspicuous place and at least four inches by six inches in 59 size stating: "Smoking allowed. Persons under twenty-one years of age may not enter.". 60 4. A retail tobacco business: HB 1618 7
61 (1) Shall prohibit entry by any person under twenty-one years of age; and 62 (2) Shall display signage in at least one conspicuous place and at least four inches 63 by six inches in size stating either: 64 (a) "Smoking allowed. Persons under twenty-one years of age may not enter."; 65 or 66 (b) In the case of a retail tobacco business that desires to allow the use of ESDs 67 but not other forms of smoking on the premises, "Vaping allowed. Persons under 68 twenty-one years of age may not enter.". 191.2725. Sections 191.2710 to 191.2750 shall not apply to: 2 (1) Private homes, private residences, and private automobiles, except that 3 sections 191.2710 to 191.2750 shall apply if any such home, residence, or vehicle is being 4 used for child care or day care or if a private vehicle is being used for the public 5 transportation of children or as part of health care or day care transportation; 6 (2) Any retail tobacco business, except that the requirements in subsection 4 of 7 section 191.2720 apply to a retail tobacco business; 8 (3) An exempt cigar-tobacco bar, except that the requirements in subsections 2 9 and 3 of section 191.2720 apply to an exempt cigar-tobacco bar; 10 (4) The outdoor area of any business as long as such area does not encompass 11 any entryway; or 12 (5) A private, nonresidential building on land used for farming, as defined in 13 section 350.010, that has annual gross income of less than five hundred thousand dollars. 191.2730. The owner or manager of any place otherwise exempted under section 2 191.2725 may post signs prohibiting smoking. Such posting shall have the effect of 3 including such place in the places where smoking is prohibited or restricted under 4 sections 191.2710 to 191.2750. 191.2735. 1. Sections 191.2710 to 191.2750 shall not be interpreted or construed 2 to permit smoking where it is otherwise restricted by any other applicable law. 3 2. A political subdivision may enact, adopt, and enforce smoking regulations that 4 cover the same subject matter as the various provisions of sections 191.2710 to 191.2750, 5 except that, unless otherwise authorized under subdivision (2) or (3) of subsection 3 of 6 this section, a political subdivision shall not adopt a local regulation of smoking that is 7 less stringent than the provisions of sections 191.2710 to 191.2750. 8 3. (1) A political subdivision is specifically authorized to specify a radius of more 9 than twenty-five feet for the area included within an entryway. 10 (2) A local regulation that was adopted by a political subdivision before January 11 1, 2026, and that specifies a radius of less than twenty-five feet for the area included 12 within an entryway remains valid and shall be given effect on and after August 28, 2026. HB 1618 8
13 (3) If a person owns or leases business premises that were under construction or 14 renovation on August 28, 2026, complied with a local regulation of smoking that 15 specified a radius of less than twenty-five feet for the area included within an entryway, 16 and, as of August 28, 2026, has applied for or received from the political subdivision in 17 which the premises are located a certificate of occupancy for the structure to be used for 18 the business premises, the person is deemed in compliance with all local regulations 19 specifying the radius of the area included within an entryway. 20 4. The municipal courts or their equivalent in any city, town, or village have 21 jurisdiction over violations of smoking regulations enacted by any city, town, or village 22 under this section. 191.2740. 1. It shall be unlawful for a person who owns, manages, operates, or 2 otherwise controls the use of a premises subject to any requirement under sections 3 191.2710 to 191.2750 to violate any provision of sections 191.2710 to 191.2750. 4 2. It shall be unlawful for a person to smoke in an area where smoking is 5 prohibited under sections 191.2710 to 191.2750. 191.2745. 1. The department of health and senior services and local public 2