House File 410

                                       HOUSE FILE       
                                       BY  LENSING and MASCHER


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to smoking prohibitions.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 1631HH 80
  4 pf/pj/5

PAG LIN

  1  1    Section 1.  Section 142B.1, subsections 1 and 3, Code 2003,
  1  2 are amended to read as follows:
  1  3    1.  "Bar" means an establishment or portion of an
  1  4 establishment where one can purchase and consume alcoholic
  1  5 beverages as defined in section 123.3, subsection 4, but
  1  6 excluding any establishment or portion of the establishment
  1  7 having table and seating facilities for serving of meals to
  1  8 more than fifty people at one time and where, in consideration
  1  9 of payment, meals are served at tables to the public.
  1 10    3.  "Public place" means any enclosed indoor area used by
  1 11 the general public or serving as a place of work containing
  1 12 two hundred fifty or more square feet of floor space,
  1 13 including, but not limited to, all restaurants with a seating
  1 14 capacity greater than fifty, all bars, all retail stores,
  1 15 lobbies and malls, offices, including waiting rooms, and other
  1 16 commercial establishments; outdoor bar or restaurant areas;
  1 17 public restrooms; public conveyances with departures, travel,
  1 18 and destination entirely within this state; educational
  1 19 facilities; child care facilities and child care homes;
  1 20 playgrounds; hospitals, clinics, nursing homes, and other
  1 21 health care and medical facilities; and auditoriums,
  1 22 elevators, theaters, libraries, art museums, concert halls,
  1 23 indoor arenas, and meeting rooms whether located indoors or
  1 24 outdoors and including all corridors, hallways, and lobbies
  1 25 adjacent to these areas.  "Public place" does not include a
  1 26 retail store at which fifty percent or more of the sales
  1 27 result from the sale of tobacco or tobacco products, the
  1 28 portion of a retail store where tobacco or tobacco products
  1 29 are sold, a private, enclosed office occupied exclusively by
  1 30 smokers even though the office may be visited by nonsmokers, a
  1 31 room used primarily as the residence of students or other
  1 32 persons at an educational facility, a sleeping room in a motel
  1 33 or hotel, or each resident's room in a health care facility.
  1 34 The person in custody or control of the facility shall provide
  1 35 a sufficient number of rooms in which smoking is not permitted
  2  1 to accommodate all persons who desire such rooms.
  2  2    Sec. 2.  Section 142B.2, Code 2003, is amended by striking
  2  3 the section and inserting in lieu thereof the following:
  2  4    142B.2  PROHIBITION.
  2  5    A person shall not smoke in a public place or in a public
  2  6 meeting.
  2  7    Sec. 3.  Section 142B.3, Code 2003, is amended to read as
  2  8 follows:
  2  9    142B.3  RESPONSIBILITIES OF PROPRIETORS == INSPECTIONS.
  2 10    1.  The person having custody or control of a public place
  2 11 or public meeting shall make reasonable efforts to prevent
  2 12 smoking in the public place or public meeting by posting
  2 13 appropriate signs indicating no=smoking or smoking areas and
  2 14 arranging seating accordingly prominently and conspicuously
  2 15 post signs as necessary to comply with this chapter.
  2 16    2.  If the public place is subject to any state inspection
  2 17 process or under contract with the state, the person
  2 18 performing the inspection shall check for compliance with the
  2 19 posting requirement.
  2 20    3.  A facility inspected by the department of inspections
  2 21 and appeals shall be inspected by the department for
  2 22 compliance with this section.
  2 23    Sec. 4.  Section 142B.6, unnumbered paragraph 1, Code 2003,
  2 24 is amended to read as follows:
  2 25    A person who smokes in those areas prohibited in section
  2 26 142B.2, or who violates section 142B.4 142B.3, shall pay a
  2 27 civil fine pursuant to section 805.8C, subsection 3, paragraph
  2 28 "a", for each violation.
  2 29    Sec. 5.  Section 142B.4, Code 2003, is repealed.
  2 30                           EXPLANATION
  2 31    This bill relates to smoking prohibitions in public places.
  2 32 The bill redefines "public place" to mean any enclosed indoor
  2 33 area used by the general public or serving as a place of work,
  2 34 without limitation as to floor space, including, but not
  2 35 limited to, all restaurants, without limitation as to seating
  3  1 capacity and all bars.  Under the bill, "public place" also
  3  2 includes outdoor bar or restaurant areas; public restrooms;
  3  3 child care facilities and child care homes; playgrounds; and
  3  4 auditoriums, elevators, theaters, libraries, art museums,
  3  5 concert halls, arenas, and meeting rooms whether located
  3  6 indoors or outdoors and including all corridors, hallways, and
  3  7 lobbies adjacent to these areas.  Under the bill, "public
  3  8 place" does not include a retail store at which 50 percent or
  3  9 more of the sales result from the sale of tobacco or tobacco
  3 10 products, but does include the portion of a retail store where
  3 11 tobacco or tobacco products are sold.  The bill also
  3 12 eliminates the exception to the definition of "public place"
  3 13 of an enclosed office occupied exclusively by smokers even
  3 14 though the office may be visited by nonsmokers.
  3 15    The bill prohibits smoking in a public place and eliminates
  3 16 all provisions allowing smoking in a public place in
  3 17 designated smoking areas and the provisions requiring
  3 18 proprietors to post signs and make other provisions relating
  3 19 to designated smoking areas.  The bill, however, does require
  3 20 proprietors to prominently and conspicuously post signs as
  3 21 necessary to comply with the chapter.
  3 22 LSB 1631HH 80
  3 23 pf/pj/5