Text: SF02173 Text: SF02175 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 142B.1, subsection 3, Code 1995, is 1 2 amended to read as follows: 1 3 3. "Public place" means any enclosed indoor area used by 1 4 the general public or serving as a place of workcontaining1 5two hundred fifty or more square feet of floor space, 1 6 including, but not limited to, all restaurants with a seating 1 7 capacity greater than fifty, all retail stores, lobbies and 1 8 malls, offices, including waiting rooms, and other commercial 1 9 establishments; public conveyances with departures, travel, 1 10 and destination entirely within this state; educational 1 11 facilities; hospitals, clinics, nursing homes, and other 1 12 health care and medical facilities; a licensed child care 1 13 center as defined in section 237A.1; and auditoriums, 1 14 elevators, theaters, libraries, art museums, concert halls, 1 15 indoor arenas, and meeting rooms. "Public place" does not 1 16 include a retail store at which fifty percent or more of the 1 17 sales result from the sale of tobacco or tobacco products, the 1 18 portion of a retail store where tobacco or tobacco products 1 19 are sold, a private, enclosed office occupied exclusively by 1 20 smokers even though the office may be visited by nonsmokers, a 1 21 room used primarily as the residence of students or other 1 22 persons at an educational facility, a sleeping room in a motel 1 23 or hotel, or each resident's room in a health care facility. 1 24 The person in custody or control of the facility shall provide 1 25 a sufficient number of rooms in which smoking is not permitted 1 26 to accommodate all persons who desire such rooms. 1 27 Sec. 2. Section 142B.6, Code 1995, is amended to read as 1 28 follows: 1 29 142B.6 CIVIL PENALTY FOR VIOLATION –UNIFORM APPLICATION1 30 ENFORCEMENT. 1 31 A person who smokes in those areas prohibited in section 1 32 142B.2, or who violates section 142B.2, subsection 2 or 3, 1 33 section 142B.3, or section 142B.4, shall pay a civil fine 1 34 pursuant to section 805.8, subsection 11, for each violation. 1 35 Judicial magistrates shall hear and determine violations of 2 1 this chapter. The civil penalties paid pursuant to this 2 2 chapter shall be deposited in the county treasury. 2 3Enforcement of this chapter shall be implemented in an2 4equitable manner throughout the state. For the purpose of2 5equitable and uniform implementation, application, and2 6enforcement of state and local laws and regulations, the2 7provisions of this chapter shall supersede any local law or2 8regulation which is inconsistent with or conflicts with the2 9provisions of this chapter.The Iowa department of public 2 10 health shall adopt rules to enforce this chapter. 2 11 Sec. 3. Section 453A.3, unnumbered paragraph 1, Code 1995, 2 12 is amended to read as follows: 2 13 A person who violates section 453A.2, subsection 1,or2 14section 453A.39is guilty of a simple misdemeanor. 2 15 Sec. 4. Section 453A.22, subsection 2, unnumbered 2 16 paragraph 1, Code 1995, is amended to read as follows: 2 17 If a retailer or employee of a retailer has violated 2 18 section 453A.2,or 453A.36, subsection 6,or 453A.398, or 9, 2 19 the department or local authority, in addition to the other 2 20 penalties fixed for such violations in this section, shall 2 21 assess a penalty upon the same hearing and notice as 2 22 prescribed in subsection 1 as follows: 2 23 Sec. 5. Section 453A.36, Code 1995, is amended by adding 2 24 the following new subsections: 2 25 NEW SUBSECTION. 8. A manufacturer, distributor, 2 26 wholesaler, retailer, distributing agent, or agent thereof 2 27 shall not give away cigarettes or tobacco products at any time 2 28 in connection with the manufacturer's, distributor's, 2 29 wholesaler's, retailer's, or distributing agent's business or 2 30 for promotion of the business or product. A manufacturer, 2 31 distributor, wholesaler, retailer, distributing agent, or 2 32 agent thereof who violates this subsection is guilty of a 2 33 serious misdemeanor. 2 34 NEW SUBSECTION. 9. It is unlawful for any manufacturer, 2 35 distributor, wholesaler, retailer, distributing agent, or 3 1 agent thereof to advertise on any advertising device 3 2 cigarettes or other tobacco products within one thousand feet 3 3 of any playground, school, high school, or other facility when 3 4 such facility is being used primarily by persons under age 3 5 eighteen for recreational, educational, or other purposes. A 3 6 manufacturer, distributor, wholesaler, retailer, distributing 3 7 agent, or agent thereof who violates this subsection is guilty 3 8 of a serious misdemeanor. 3 9 Sec. 6. Section 453A.56, Code 1995, is amended to read as 3 10 follows: 3 11 453A.56 UNIFORM APPLICATION. 3 12 Enforcement of this chapter shall be implemented in an 3 13 equitable manner throughout the state. For the purpose of 3 14 equitable and uniform implementation, application, and 3 15 enforcement of state and local laws and regulations, the 3 16 provisions of this chapter shall supersede any local law or 3 17 regulation which is inconsistent with or conflicts with the 3 18 provisions of this chapter, unless the local law or regulation 3 19 is more restrictive in application in which case the more 3 20 restrictive portion of the local law or regulation shall 3 21 supersede any inconsistent or conflicting provision of this 3 22 chapter. 3 23 Sec. 7. Section 453A.39, Code 1995, is repealed. 3 24 EXPLANATION 3 25 This bill amends the chapters of the Code regarding 3 26 regulation of smoking in a public place and regarding smoking 3 27 and tobacco products. The bill redefines "public place" for 3 28 the purposes of smoking in public places, by eliminating the 3 29 restriction regarding the size of the public place, which is 3 30 currently a minimum of 250 or more square feet of floor space, 3 31 and includes licensed child care centers in the definition of 3 32 public place. The bill provides for the payment of a civil 3 33 fine for violation of provisions relating to designation of 3 34 smoking areas and for violation of provisions relating to the 3 35 responsibilities of proprietors. 4 1 The bill removes the provision relating to uniform 4 2 application of the provisions of the chapter relating to 4 3 smoking in a public place and provides for the enforcement of 4 4 the chapter by the Iowa department of public health. The bill 4 5 also modifies the provision of the Code relating to uniform 4 6 application of the provisions of the chapter relating to 4 7 cigarette and tobacco products by maintaining existing uniform 4 8 application provisions but providing that if local laws or 4 9 regulations related to the provisions of the chapter are more 4 10 restrictive than state law or regulation, the portions of the 4 11 local laws or regulations which are more restrictive are to 4 12 supersede any inconsistent or conflicting provision of the 4 13 chapter. 4 14 The bill also prohibits manufacturers, distributors, 4 15 wholesalers, retailers, distributing agents, or agents thereof 4 16 from giving away cigarettes or tobacco products and from the 4 17 advertising of cigarettes or tobacco products within 1,000 4 18 feet of a playground, school, or a similar facility. 4 19 Violation of either of the prohibitions is a serious 4 20 misdemeanor and this penalty is in addition to existing 4 21 penalties which provide for revocation of an existing permit. 4 22 LSB 3671SV 76 4 23 pf/jw/5
Text: SF02173 Text: SF02175 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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