Text: HSB00035 Text: HSB00037 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 142B.2, subsections 2, 3, and 4, Code 1 2 1995, are amended to read as follows: 1 3 2. Smoking areas may be designated by persons having 1 4 custody or control of public places, except in places in which 1 5 smoking is prohibited by the fire marshal or by other law, 1 6 ordinance, or regulation. 1 7 A designated smoking area shall only be designated if 1 8 transmission of environmental tobacco smoke to adjacent areas 1 9 can be eliminated. 1 103. Where smoking areas are designated, existing physical1 11barriers and existing ventilation systems shall be used to1 12minimize the toxic effect of smoke in adjacent nonsmoking1 13areas. In the case of public places consisting of a single1 14room, the provisions of this law shall be considered met if1 15one side of the room is reserved and posted as a no-smoking1 16area.NoA public place other than a bar shall not be 1 17 designated as a smoking area in its entirety. If a bar has 1 18 within its premises a nonsmoking area, this designation shall 1 19 be posted on all entrances normally used by the public. 1 20 If the public place is subject to any state inspection 1 21 process or under contract with the state, the person 1 22 performing the inspection shall check for compliance with the 1 23 posting requirement. 1 24 A facility inspected by the department of inspections and 1 25 appeals shall be inspected by the department for compliance 1 26 with sections 142B.3 and 142B.4. 1 274.3. Notwithstanding subsection 1of this section, 1 28 smoking is prohibited on elevators. 1 29 Sec. 2. Section 142B.6, Code 1995, is amended to read as 1 30 follows: 1 31 142B.6 CIVIL PENALTY FOR VIOLATION &endash;UNIFORM APPLICATION1 32 ENFORCEMENT. 1 33 A person who smokes in those areas prohibited in section 1 34 142B.2, or who violates section 142B.2, subsection 2 or 3, 1 35 section 142B.3, or section 142B.4, shall pay a civil fine 2 1 pursuant to section 805.8, subsection 11 for each violation. 2 2 Judicial magistrates shall hear and determine violations of 2 3 this chapter. The civil penalties paid pursuant to this 2 4 chapter shall be deposited in the county treasury. 2 5Enforcement of this chapter shall be implemented in an2 6equitable manner throughout the state. For the purpose of2 7equitable and uniform implementation, application, and2 8enforcement of state and local laws and regulations, the2 9provisions of this chapter shall supersede any local law or2 10regulation which is inconsistent with or conflicts with the2 11provisions of this chapter.The Iowa department of public 2 12 health shall adopt rules to enforce this chapter. 2 13 Sec. 3. EFFECTIVE DATES. Section 1 of this Act takes 2 14 effect July 1, 1996. 2 15 EXPLANATION 2 16 This bill amends the chapter of the Code regarding 2 17 regulation of smoking in a public place. The bill provides 2 18 for designation as smoking areas only those places from which 2 19 transmission of environmental tobacco smoke to adjacent areas 2 20 can be eliminated. This provision takes effect July 1, 1996. 2 21 The bill also provides for the payment of a civil fine for 2 22 violation of provisions relating to designation of smoking 2 23 areas and of violation of provisions relating to the 2 24 responsibilities of proprietors. The bill removes the 2 25 provision relating to state regulation superseding local law 2 26 or regulation and requires the Iowa department of public 2 27 health to adopt rules to enforce the chapter. 2 28 LSB 1759HC 76 2 29 pf/jw/5
Text: HSB00035 Text: HSB00037 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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