Nebraska Clean Indoor Air Act of 2008

Summary of the Law

LB395, which amends the Nebraska Clean Indoor Air Act, requires every

Nebraska Indoor workplace to be smoke-free.  The purpose of the Nebraska

Clean Indoor Air Act is to protect the public health and welfare by prohibiting

smoking throughout public places and places of employment.

On February 26, 2008 Nebraska Governor, Dave Heineman signed LB 395 into

law.  The law is scheduled to be effective June 1, 2009.

The Act eliminates smoking in enclosed indoor workspaces including restaurants,

bars, keno establishments and other workplaces (retail/office space,

manufacturing, etc.) and indoor public places.  The only exceptions are the

following:

Indoor area is defined as "an area enclosed by a floor, a ceiling, and walls on all

sides that are continuous and solid except for closeable entry and exit doors and

windows and in which less than twenty percent of the total wall area is

permanently open to the outdoors.  For walls in excess of eight feet in height, only

the first eight feet shall be used in determining such percentage."

A person who smokes in a place of employment or a public place in violation is

quilty of a Class V misdemeanor (maximum $100 fine) for the first offense and

Class IV misdemeanor (minimum $100, maximum $500) for the second and

subsequent offense.  Charges can be dismissed upon successful completion of

smoking cessation program.  A proprietor that fails, neglects or refuses to perform

a duty under the Act is guilty of a Class V misdemeanor for the first offense and

Class IV misdemeanor for the second and subsequent offenses.

This information is not intended to be legal adice.  Please consult state statutes

or contact an attorney for more information about the Nebraska Clean Indoor Air

Act.