House File 2004
HOUSE FILE
BY PAULSEN and FOEGE
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to local laws and regulations relating to smoking
2 prohibitions.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 142B.6, unnumbered paragraph 3, Code
1 2 2003, is amended to read as follows:
1 3 Enforcement of this chapter shall be implemented in an
1 4 equitable manner throughout the state. For the purpose of
1 5 equitable and uniform implementation, application, and
1 6 enforcement of state and local laws and regulations, the
1 7 provisions of this chapter shall supersede any local law or
1 8 regulation which that is inconsistent with or conflicts with
1 9 less restrictive than the provisions of this chapter.
1 10 However, local laws and regulations that are more restrictive
1 11 than the provisions of this chapter may be adopted,
1 12 implemented, applied, and enforced.
1 13 EXPLANATION
1 14 This bill relates to the adoption, implementation,
1 15 application, and enforcement of local smoking prohibitions
1 16 applicable to public places and public meetings. The bill
1 17 provides that for the purpose of equitable and uniform
1 18 implementation, application, and enforcement of state and
1 19 local laws and regulations, the Code provisions supersede
1 20 local law or regulation that is less restrictive than the
1 21 provisions of Code chapter 142B. Additionally, the bill
1 22 provides that local laws and regulations that are more
1 23 restrictive than the provisions of the Code chapter may be
1 24 adopted, implemented, applied, and enforced. Under current
1 25 law, equitable and uniform implementation, application, and
1 26 enforcement of state and local laws and regulations means that
1 27 the provisions of the Code chapter supersede any local law or
1 28 regulation that is inconsistent with or conflicts with the
1 29 provisions of the Code chapter.
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