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