SB 263 — An Act amending the act of June 13, 2008 (P.L.182, No.27), known as the Clean Indoor Air Act, further providing for definitions and for prohibition.

PRINTER'S NO.    215

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 263
                                               Session of
                                                 2025

     INTRODUCED BY FONTANA, COSTA, COMITTA, HUTCHINSON AND SCHWANK,
        FEBRUARY 20, 2025

     REFERRED TO HEALTH AND HUMAN SERVICES, FEBRUARY 20, 2025


                                    AN ACT
 1   Amending the act of June 13, 2008 (P.L.182, No.27), entitled "An
 2      act regulating smoking in this Commonwealth; imposing powers
 3      and duties on the Department of Health and local boards of
 4      health; providing penalties; preempting local action; and
 5      making a related repeal," further providing for definitions
 6      and for prohibition.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    The definition of "smoking" in section 2 of the
10   act of June 13, 2008 (P.L.182, No.27), known as the Clean Indoor
11   Air Act, is amended to read:
12   Section 2.   Definitions.
13      The following words and phrases when used in this act shall
14   have the meanings given to them in this section unless the
15   context clearly indicates otherwise:
16      * * *
17      "Smoking."    The carrying by a person of a lighted cigar,
18   cigarette, pipe or other lighted smoking device, including an
19   electronic cigarette.
20      * * *
 1      Section 2.      Section 3(b)(11) of the act is amended to read:
 2   Section 3.      Prohibition.
 3      * * *
 4      (b)   Exceptions.--Subsection (a) shall not apply to any of
 5   the following:
 6            * * *
 7            (11)    Unless [otherwise increased under this paragraph,]
 8      smoking is prohibited on 100% of the gaming floor in a
 9      licensed facility, 25% of the gaming floor at a licensed
10      facility[.] unless that percentage is otherwise increased
11      under this paragraph. The designated smoking area must be an
12      enclosed area with adequate ventilation system to eliminate
13      the permeation of smoke into nonsmoking areas. No earlier
14      than 90 days following the effective date of this section or
15      the date of commencement of slot machine operations at a
16      licensed facility, whichever is later, a licensed facility
17      shall request a report from the Department of Revenue that
18      analyzes the gross terminal revenue per slot machine unit in
19      operation at the licensed facility within the 90-day period
20      preceding the request. If the report shows that the average
21      gross terminal revenue per slot machine unit in the
22      designated smoking area equals or exceeds the average gross
23      terminal revenue per slot machine unit in the designated
24      nonsmoking area, the licensed facility may increase the
25      designated smoking area of the gaming floor in proportion to
26      the percentage difference in revenue. A licensed facility may
27      request this report from the Department of Revenue on a
28      quarterly basis and may increase the designated smoking area
29      of the gaming floor accordingly. At no time may the
30      designated smoking area exceed 50% of the gaming floor. The

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1     board shall have jurisdiction to verify the gross terminal
2     revenues included in the report to ensure compliance with the
3     requirements under this paragraph. Movement of the licensed
4     facility from a temporary facility to a permanent facility
5     shall not require the licensed facility to revert to the
6     minimum percentage set forth under this paragraph.
7         * * *
8     Section 3.    This act shall take effect in 60 days.




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