SF 261 (LSB 2459XS (2) 87)

SENATE FILE 261

BY  FEENSTRA

A BILL FOR

An Act relating to prohibitions under the smokefree air Act, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 142D.2, subsection 21, Code 2017, is amended to read as follows:
   21.  “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form.  “Smoking” also includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device. “Smoking” does not include smoking that is associated with a recognized religious ceremony, ritual, or activity, including but not limited to burning of incense.
    Sec. 2.  Section 142D.4, subsection 10, Code 2017, is amended by striking the subsection.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the prohibitions under the smokefree air Act (Code chapter 142D).
   The bill amends the definition of “smoking” to include inhaling, exhaling, burning, or carrying any heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form. “Smoking” also includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device.
   The bill also eliminates the exception under the smokefree air Act allowing smoking on the gaming floors of the premises licensed pursuant to Code chapter 99F (gambling structures, excursion gambling boats, and racetracks). The bill thereby subjects the entirety of these premises to the smoking prohibitions of the Act.
   Under Code chapter 142D, various penalties are applicable to violations relating to smoking. A person who smokes in an area where smoking is prohibited is subject to a civil penalty, which is a scheduled fine of $50. A person who owns, operates, manages, or otherwise has custody or control of a public place, place of employment, area declared a nonsmoking place, or outdoor area regulated under Code chapter 142D and who fails to comply with the Code chapter is subject to a civil penalty ranging from an amount not to exceed $100 for a first violation to an amount not to exceed $500 for each additional violation in excess of a second violation in a year. An employer who discharges or in any manner discriminates against an employee because the employee has made a complaint or has provided information or instituted a legal action under the Code chapter is subject to a civil penalty of not less than $2,000 and not more than $10,000 for each violation. In addition to civil penalties, a person who owns, operates, manages, or otherwise has custody or control of a public place, place of employment, area declared a nonsmoking place, or outdoor area regulated under the Code chapter may be subject to suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred. Violation of the Code chapter constitutes a public nuisance which may be abated by restraining order, preliminary or permanent injunction, or other means provided by law, and the entity abating the public nuisance may take action to recover the costs of such abatement. Each day on which a violation of the Code chapter occurs is considered a separate and distinct violation.