House File 544 - Introduced
HOUSE FILE
BY SCHULTZ
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the elimination of the requirements relating
2 to posting of signs under the smokefree air Act.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2344HH 83
5 pf/rj/5
PAG LIN
1 1 Section 1. Section 142D.5, Code 2009, is amended to read
1 2 as follows:
1 3 142D.5 DECLARATION OF AREA AS NONSMOKING.
1 4 1. Notwithstanding any provision of this chapter to the
1 5 contrary, an owner, operator, manager, or other person having
1 6 custody or control of an area otherwise exempt from the
1 7 prohibitions of section 142D.3 may declare the entire area as
1 8 a nonsmoking place.
1 9 2. Smoking shall be prohibited in any location of an area
1 10 declared a nonsmoking place under this section if a sign is
1 11 posted conforming to the provisions of section 142D.6.
1 12 Sec. 2. Section 142D.6, Code 2009, is amended to read as
1 13 follows:
1 14 142D.6 NOTICE OF NONSMOKING REQUIREMENTS == POSTING OF
1 15 SIGNS.
1 16 1. Notice of the provisions of this chapter shall be
1 17 provided to all applicants for a business license in this
1 18 state, to all law enforcement agencies, and to any business
1 19 required to be registered with the office of the secretary of
1 20 state.
1 21 2. All employers subject to the prohibitions of this
1 22 chapter shall communicate to all existing employees and to all
1 23 prospective employees upon application for employment the
1 24 smoking prohibitions prescribed in this chapter.
1 25 3. The owner, operator, manager, or other person having
1 26 custody or control of a public place, place of employment,
1 27 area declared a nonsmoking place pursuant to section 142D.5,
1 28 or outdoor area where smoking is prohibited under this chapter
1 29 shall clearly and conspicuously post in and at every entrance
1 30 to the public place, place of employment, area declared a
1 31 nonsmoking place pursuant to section 142D.5, or outdoor area,
1 32 "no smoking" signs or the international "no smoking" symbol.
1 33 Additionally, a "no smoking" sign or the international "no
1 34 smoking" symbol shall be placed in every vehicle that
1 35 constitutes a public place, place of employment, or area
2 1 declared a nonsmoking place pursuant to section 142D.5 under
2 2 this chapter, visible from the exterior of the vehicle. All
2 3 signs shall contain the telephone number for reporting
2 4 complaints and the internet site of the department of public
2 5 health. The owner, operator, manager, or other person having
2 6 custody or control of the public place, place of employment,
2 7 area declared a nonsmoking place pursuant to section 142D.5,
2 8 or outdoor area may use the sample signs provided on the
2 9 department of public health's internet site, or may use
2 10 another sign if the contents of the sign comply with the
2 11 requirements of this subsection.
2 12 4. 3. The owner, operator, manager, or other person
2 13 having custody or control of a public place, place of
2 14 employment, area declared a nonsmoking place pursuant to
2 15 section 142D.5, or outdoor area where smoking is prohibited
2 16 under this chapter shall remove all ashtrays from these
2 17 locations.
2 18 Sec. 3. Section 142D.8, subsection 1, Code 2009, is
2 19 amended to read as follows:
2 20 1. This chapter shall be enforced by the department of
2 21 public health or the department's designee. The department of
2 22 public health shall adopt rules to administer this chapter,
2 23 including rules regarding enforcement. The department of
2 24 public health shall provide information regarding the
2 25 provisions of this chapter and related compliance issues to
2 26 employers, owners, operators, managers, and other persons
2 27 having custody or control of a public place, place of
2 28 employment, area declared a nonsmoking place pursuant to
2 29 section 142D.5, or outdoor area where smoking is prohibited,
2 30 and the general public via the department's internet site.
2 31 The internet site shall include sample signage and the
2 32 telephone number for reporting complaints. Judicial
2 33 magistrates shall hear and determine violations of this
2 34 chapter.
2 35 EXPLANATION
3 1 This bill eliminates requirements relating to posting of
3 2 signs under the smokefree air Act (Code chapter 142D) to
3 3 provide notice of smokefree areas. The bill makes conforming
3 4 changes throughout the Code chapter necessitated by
3 5 elimination of the requirements.
3 6 LSB 2344HH 83
3 7 pf/rj/5