Senate File 2136 - Introduced



                                       SENATE FILE       
                                       BY  McCOY


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

                                      A BILL FOR

  1 An Act relating to establishing smokefree public places and
  2    workplaces, and providing penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5780XS 81
  5 pf/sh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  142D.1  TITLE == FINDINGS ==
  1  2 PURPOSE.
  1  3    1.  This chapter shall be known and may be cited as the
  1  4 "Smokefree Public Places and Workplace Safety Act".
  1  5    2.  The general assembly finds that environmental tobacco
  1  6 smoke causes and exacerbates disease in nonsmoking adults and
  1  7 children.  These findings are sufficient to warrant measures
  1  8 that regulate smoking in public places and places of
  1  9 employment in order to protect the public health and the
  1 10 health of employees.
  1 11    3.  The purpose of this chapter is to reduce the level of
  1 12 exposure by the general public and employees to environmental
  1 13 tobacco smoke in order to improve the public health of Iowans.
  1 14    Sec. 2.  NEW SECTION.  142D.2  DEFINITIONS.
  1 15    As used in this chapter, unless the context otherwise
  1 16 requires:
  1 17    1.  "Bar" means an establishment where one may purchase
  1 18 alcoholic beverages as defined in section 123.3, for
  1 19 consumption on the premises and in which the serving of food
  1 20 is only incidental to the consumption of those beverages.
  1 21    2.  "Employee" means a person who is employed by an
  1 22 employer in consideration for direct or indirect monetary
  1 23 wages or profit, and a person who volunteers for a nonprofit
  1 24 entity.
  1 25    3.  "Employer" means a person including a sole
  1 26 proprietorship, partnership, joint venture, corporation,
  1 27 association, or other business entity whether for=profit or
  1 28 not=for=profit, including state government and its political
  1 29 subdivisions, that employs the services of one or more
  1 30 individuals as employees.
  1 31    4.  "Enclosed area" means all space between a floor and
  1 32 ceiling that is contained on all sides by solid walls or
  1 33 windows, exclusive of doorways, which extend from the floor to
  1 34 the ceiling.
  1 35    5.  "Environmental tobacco smoke" means the mixture formed
  2  1 from the escaping smoke of a burning tobacco product and the
  2  2 smoke exhaled by the smoker.
  2  3    6.  "Health care provider location" means an office or
  2  4 institution providing care or treatment of disease whether
  2  5 physical, mental, or emotional, or other medical,
  2  6 physiological, or psychological conditions, including but not
  2  7 limited to a hospital as defined in section 135B.1, a health
  2  8 care facility as defined in section 135C.1, an elder group
  2  9 home as defined in section 231B.1, an assisted living program
  2 10 as defined in section 231C.2, an adult day services program as
  2 11 defined in section 231D.1, clinics, laboratories, and the
  2 12 locations of professionals regulated pursuant to Title IV,
  2 13 subtitle III, and includes all enclosed areas of the location
  2 14 including waiting rooms, hallways, other common areas, private
  2 15 rooms, semiprivate rooms, and wards within the location.
  2 16    7.  "Long=term care facility" means a health care facility
  2 17 as defined in section 135C.1, an elder group home as defined
  2 18 in section 231B.1, and an assisted living program as defined
  2 19 in section 231C.2.
  2 20    8.  "Place of employment" means an area under the control
  2 21 of a public or private employer and includes all areas that an
  2 22 employee frequents during the course of employment, including
  2 23 but not limited to work areas, private offices, conference and
  2 24 meeting rooms, classrooms, auditoriums, employee lounges and
  2 25 cafeterias, hallways, restrooms, elevators, stairways, and
  2 26 vehicles.  "Place of employment" does not include a private
  2 27 residence, unless the private residence is used as a child
  2 28 care facility, a child care home, or as a health care provider
  2 29 location.
  2 30    9.  "Political subdivision" means a city, county, township,
  2 31 or school district.
  2 32    10.  "Private club" means an organization, whether or not
  2 33 incorporated, which is the owner, lessee, or occupant of a
  2 34 location used exclusively for club purposes at all times and
  2 35 which meets all of the following criteria:
  3  1    a.  Is operated solely for a recreational, fraternal,
  3  2 social, patriotic, political, benevolent, or athletic purpose,
  3  3 but not for pecuniary gain.
  3  4    b.  Sells alcoholic beverages only as incidental to its
  3  5 operation.
  3  6    c.  Is managed by a board of directors, executive
  3  7 committee, or similar body chosen by the members.
  3  8    d.  Has established bylaws or another document to govern
  3  9 its activities.
  3 10    e.  Has been granted an exemption from the payment of
  3 11 federal income tax as a club pursuant to 26 U.S.C. } 501.
  3 12    11.  "Public place" means an enclosed area to which the
  3 13 public is invited or in which the public is permitted,
  3 14 including but not limited to all of the following:
  3 15    a.  Banks.
  3 16    b.  Child care facilities, child care homes, and child
  3 17 development homes.
  3 18    c.  Public and private educational facilities and places of
  3 19 public assembly in indoor locations under the control of the
  3 20 state or its political subdivisions.
  3 21    d.  Health care provider locations.
  3 22    e.  Hotel and motel lobbies.
  3 23    f.  Laundromats.
  3 24    g.  Public transportation facilities and conveyances with
  3 25 departures, travel, and destination entirely within this
  3 26 state, including buses, vans, trains, taxicabs, and
  3 27 limousines, and private vehicles used to transport children or
  3 28 adults as part of health care provider location
  3 29 transportation, or child care facility or child care home
  3 30 transportation.
  3 31    h.  Reception areas, lobbies, hallways, restrooms,
  3 32 elevators, stairwells, and other common areas in any public
  3 33 place, including in multiunit residential properties.
  3 34    i.  Restaurants and bars.
  3 35    j.  Retail food production and marketing establishments.
  4  1    k.  Retail service establishments.
  4  2    l.  Shopping malls, retail stores, and grocery stores.
  4  3    m.  Elevators.
  4  4    n.  Aquariums, galleries, libraries, and museums.
  4  5    o.  Public buildings, including all buildings owned or
  4  6 operated by state government or a political subdivision.
  4  7    p.  Entertainment venues, including theaters, auditoriums,
  4  8 concert halls, convention facilities and meeting rooms, bingo
  4  9 facilities, and indoor arenas including sports arenas.
  4 10    q.  Polling places.
  4 11    r.  Private clubs when being used for a function to which
  4 12 the general public is invited.
  4 13    s.  Service lines.
  4 14    t.  Other commercial establishments and locations.
  4 15    12.  "Restaurant" means eating establishments, including
  4 16 private and public school cafeterias, which offer food to the
  4 17 public, guests, or employees, including the kitchen and
  4 18 catering facilities in which food is prepared on the premises
  4 19 for serving elsewhere, and including a bar area within a
  4 20 restaurant.
  4 21    13.  "Retail tobacco store" means a retail store utilized
  4 22 primarily for the sale of tobacco products and accessories and
  4 23 in which the sale of other products is incidental to the sale
  4 24 of tobacco products.
  4 25    14.  "Service line" means an indoor line in which one or
  4 26 more individuals are waiting for or receiving service of any
  4 27 kind, whether or not the service involves the exchange of
  4 28 money.
  4 29    15.  "Shopping mall" means an enclosed public walkway or
  4 30 hall area that serves to connect retail or professional
  4 31 establishments.
  4 32    16.  "Smoking" means inhaling, exhaling, burning, or
  4 33 carrying any lighted cigar, cigarette, pipe, or other tobacco
  4 34 product in any manner or in any form.
  4 35    17.  "Sports arena" means a sports pavilion, stadium,
  5  1 gymnasium, health spa, boxing arena, swimming pool, roller or
  5  2 ice rink, bowling alley, and other similar places where
  5  3 members of the general public assemble to engage in physical
  5  4 exercise, participate in athletic competition, or witness
  5  5 sports or other events.
  5  6    Sec. 3.  NEW SECTION.  142D.3  PROHIBITION OF SMOKING ==
  5  7 PUBLIC PLACES, PLACES OF EMPLOYMENT, AND OUTDOOR ARENAS AND
  5  8 THEATERS == SURROUNDING AREA.
  5  9    1.  Smoking is prohibited and a person shall not smoke in
  5 10 any of the following:
  5 11    a.  Public places.
  5 12    b.  All enclosed locations within places of employment.
  5 13    c.  Outdoor sports arenas and other entertainment venues
  5 14 where members of the general public assemble to witness
  5 15 entertainment events.
  5 16    2.  In addition to the prohibitions specified in subsection
  5 17 1, smoking is prohibited within fifty feet of any enclosed
  5 18 area where smoking is prohibited in order to insure that
  5 19 tobacco smoke does not enter that area through entrances,
  5 20 windows, ventilation systems, or other means.
  5 21    Sec. 4.  NEW SECTION.  142D.4  AREAS WHERE SMOKING NOT
  5 22 REGULATED.
  5 23    Notwithstanding any provision of this chapter to the
  5 24 contrary, the following areas are exempt from the prohibitions
  5 25 of section 142D.3:
  5 26    1.  Private residences, unless used as a child care
  5 27 facility, child care home, or a health care provider location.
  5 28    2.  Hotel and motel rooms that are rented to guests and are
  5 29 designated as smoking rooms; provided that not more than
  5 30 twenty percent of the rooms of the hotel or motel rented to
  5 31 guests are designated as smoking rooms, all smoking rooms on
  5 32 the same floor are contiguous, and smoke from smoking rooms
  5 33 does not infiltrate into areas in which smoking is otherwise
  5 34 prohibited under this chapter.
  5 35    3.  Retail tobacco stores, provided that smoke from these
  6  1 locations does not infiltrate into areas in which smoking is
  6  2 otherwise prohibited under this chapter.
  6  3    4.  Private and semiprivate rooms in long=term care
  6  4 facilities, occupied by one or more individuals, all of whom
  6  5 are smokers and have requested in writing to be placed in a
  6  6 room where smoking is permitted, provided that smoke from
  6  7 these locations does not infiltrate into areas in which
  6  8 smoking is otherwise prohibited under this chapter.
  6  9    5.  Private clubs that have no employees, except when being
  6 10 used for a function to which the general public is invited.
  6 11    6.  Outdoor areas that are places of employment except
  6 12 those areas where smoking is prohibited pursuant to section
  6 13 142D.3, subsection 1, paragraph "c", and section 142D.3,
  6 14 subsection 2.
  6 15    7.  Limousines under private hire.
  6 16    8.  An enclosed indoor workplace if the smoking is an
  6 17 integral part of a smoking cessation program or a medical or
  6 18 scientific research program.
  6 19    Sec. 5.  NEW SECTION.  142D.5  DECLARATION OF ESTABLISHMENT
  6 20 AS NONSMOKING.
  6 21    1.  Notwithstanding any provision of this chapter to the
  6 22 contrary, an owner, operator, manager, or other person having
  6 23 custody or control of an establishment, facility, or outdoor
  6 24 area may declare the entire establishment, facility, or
  6 25 outdoor area as a nonsmoking place.
  6 26    2.  Smoking shall be prohibited in any location under this
  6 27 section declared a nonsmoking place in which a sign is posted
  6 28 conforming to the provisions of section 142D.6.
  6 29    Sec. 6.  NEW SECTION.  142D.6  NOTICE OF NONSMOKING
  6 30 REQUIREMENTS == POSTING OF SIGNS.
  6 31    1.  Notice of the provisions of this chapter shall be
  6 32 provided to all applicants for a business license in the
  6 33 state, to all law enforcement agencies, and to any business
  6 34 required to be registered with the office of the secretary of
  6 35 state.
  7  1    2.  All employers subject to the prohibitions of this
  7  2 chapter shall communicate to all existing employees and to all
  7  3 prospective employees upon application for employment the
  7  4 smoking prohibitions prescribed in this chapter.
  7  5    3.  The owner, operator, manager, or other person having
  7  6 custody over or in control of a public place or place of
  7  7 employment where smoking is prohibited under this chapter
  7  8 shall clearly and conspicuously post in and at every entrance
  7  9 to the public place or place of employment "no smoking" signs
  7 10 or the international "no smoking" symbol.
  7 11    4.  The owner, operator, manager, or other person having
  7 12 custody or control of a public place or place of employment
  7 13 where smoking is prohibited under this chapter shall remove
  7 14 all ashtrays from these locations.
  7 15    Sec. 7.  NEW SECTION.  142D.7  NONRETALIATION == NONWAIVER
  7 16 OF RIGHTS.
  7 17    1.  A person or employer shall not discharge, refuse to
  7 18 employ, or in any manner retaliate against an employee,
  7 19 applicant for employment, or customer because that employee,
  7 20 applicant, or customer exercises any rights afforded under
  7 21 this chapter, registers a complaint, or attempts to prosecute
  7 22 a violation of this chapter.
  7 23    2.  An employee who works in a location where an employer
  7 24 allows smoking does not waive or surrender any legal rights
  7 25 the employee may have against the employer or any other
  7 26 person.
  7 27    Sec. 8.  NEW SECTION.  142D.8  ENFORCEMENT.
  7 28    1.  This chapter shall be enforced by local boards of
  7 29 health.  The Iowa department of public health shall adopt
  7 30 rules to administer this chapter, including rules regarding
  7 31 enforcement.  Judicial magistrates shall hear and determine
  7 32 violations of this chapter.
  7 33    2.  If a public place is subject to any state or political
  7 34 subdivision inspection process or is under contract with the
  7 35 state or a political subdivision, the person performing the
  8  1 inspection shall assess compliance with the requirements of
  8  2 this chapter and shall report any violations to the local
  8  3 board of health.
  8  4    3.  An owner, operator, manager, or other person having
  8  5 custody or control of a public place or place of employment
  8  6 regulated under this chapter shall inform persons violating
  8  7 this chapter of the appropriate provisions of this chapter.
  8  8    4.  An employee or private citizen may bring legal action
  8  9 to enforce this chapter.  Any person may register a complaint
  8 10 under this chapter by filing a complaint with the Iowa
  8 11 department of public health, or a local board of health.
  8 12    5.  In addition to the remedies provided in this section,
  8 13 the local board of health or any other person aggrieved by the
  8 14 failure of the owner, operator, manager, or other person
  8 15 having custody or control of a public place or place of
  8 16 employment to comply with this chapter may seek injunctive
  8 17 relief to enforce this chapter.
  8 18    Sec. 9.  NEW SECTION.  142D.9  CIVIL PENALTIES.
  8 19    1.  A person who smokes in an area where smoking is
  8 20 prohibited pursuant to this chapter shall pay a civil penalty
  8 21 pursuant to section 805.8C, subsection 3, paragraph "a", for
  8 22 each violation.
  8 23    2.  A person who owns, manages, operates, or otherwise has
  8 24 custody or control of a public place or place of employment
  8 25 and who fails to comply with this chapter shall pay a civil
  8 26 penalty as follows:
  8 27    a.  For a first violation, a monetary penalty not to exceed
  8 28 one hundred dollars.
  8 29    b.  For a second violation within one year, a monetary
  8 30 penalty not to exceed two hundred dollars.
  8 31    c.  For each violation in excess of a second violation
  8 32 within one year, a monetary penalty not to exceed five hundred
  8 33 dollars for each additional violation.
  8 34    3.  An employer who discharges or in any manner
  8 35 discriminates against an employee because the employee has
  9  1 made a complaint or has provided information or instituted a
  9  2 legal action under this chapter shall pay a civil penalty of
  9  3 not less than two thousand dollars nor more than ten thousand
  9  4 dollars for each violation.
  9  5    4.  In addition to the penalties established in this
  9  6 section, violation of this chapter by a person who owns,
  9  7 manages, operates, or who otherwise has custody or control of
  9  8 a public place or place of employment may result in the
  9  9 suspension or revocation of any permit or license issued to
  9 10 the person for the premises on which the violation occurred.
  9 11    5.  Violation of this chapter constitutes a public nuisance
  9 12 which may be abated by the Iowa department of public health or
  9 13 a local board of health by restraining order, preliminary or
  9 14 permanent injunction, or other means provided by law, and the
  9 15 entity abating the public nuisance may take action to recover
  9 16 the costs of such abatement.
  9 17    6.  Each day on which a violation of this chapter occurs is
  9 18 considered a separate and distinct violation.
  9 19    7.  Civil penalties paid pursuant to this chapter shall be
  9 20 deposited in the county treasury.
  9 21    Sec. 10.  NEW SECTION.  142D.10  PUBLIC EDUCATION.
  9 22    The Iowa department of public health shall provide a
  9 23 program to educate employers, owners, operators, managers, and
  9 24 others having custody or control of a public place or a place
  9 25 of employment and the general public regarding the provisions
  9 26 of and compliance with this chapter.  The education program
  9 27 may include the publication of a written document regarding
  9 28 the provisions of and compliance with this chapter.
  9 29    Sec. 11.  NEW SECTION.  142D.11  INTERPRETATION ==
  9 30 APPLICATION.
  9 31    1.  This chapter shall not be interpreted or construed to
  9 32 permit smoking where smoking is otherwise restricted or
  9 33 prohibited by other applicable laws.
  9 34    2.  This chapter shall not be interpreted to prevent
  9 35 political subdivisions from adopting ordinances or regulations
 10  1 which are more restrictive than the provisions of this
 10  2 chapter.
 10  3    Sec. 12.  Section 135.1, unnumbered paragraph 1, Code 2005,
 10  4 is amended to read as follows:
 10  5    For the purposes of chapter 155 and Title IV, subtitle 2,
 10  6 excluding chapters 142B, 145B, and 146, unless otherwise
 10  7 defined:
 10  8    Sec. 13.  Section 135.11, subsection 14, Code Supplement
 10  9 2005, is amended to read as follows:
 10 10    14.  Establish, publish, and enforce rules not inconsistent
 10 11 with law for the enforcement of the provisions of chapters 125
 10 12 and 155, and Title IV, subtitle 2, excluding chapters 142B,
 10 13 142D, 145B, and 146 and for the enforcement of the various
 10 14 laws, the administration and supervision of which are imposed
 10 15 upon the department.
 10 16    Sec. 14.  Section 237A.3A, subsection 5, Code 2005, is
 10 17 amended to read as follows:
 10 18    5.  Smoking, as defined in section 142B.1, 142D.2, shall
 10 19 not be permitted during a child development home's hours of
 10 20 operation in an area of the child development home which may
 10 21 be used by the children receiving child care.
 10 22    Sec. 15.  Section 331.427, subsection 1, unnumbered
 10 23 paragraph 1, Code Supplement 2005, is amended to read as
 10 24 follows:
 10 25    Except as otherwise provided by state law, county revenues
 10 26 from taxes and other sources for general county services shall
 10 27 be credited to the general fund of the county, including
 10 28 revenues received under sections 9I.11, 101A.3, 101A.7,
 10 29 123.36, 123.143, 142B.6, 142D.9, 176A.8, 321.105, 321.152,
 10 30 321G.7, 321I.8, section 331.554, subsection 6, sections
 10 31 341A.20, 364.3, 368.21, 423A.7, 428A.8, 430A.3, 433.15,
 10 32 434.19, 445.57, 453A.35, 458A.21, 483A.12, 533.24, 556B.1,
 10 33 583.6, 602.8108, 904.908, and 906.17, and the following:
 10 34    Sec. 16.  Section 805.8C, subsection 3, paragraph a, Code
 10 35 Supplement 2005, is amended to read as follows:
 11  1    a.  For violations of section 142B.6 described in section
 11  2 142D.9, subsection 1, the scheduled fine is twenty=five fifty
 11  3 dollars, and is a civil penalty, and the criminal penalty
 11  4 surcharge under section 911.1 shall not be added to the
 11  5 penalty, and the court costs pursuant to section 805.9,
 11  6 subsection 6, shall not be imposed.  If the civil penalty
 11  7 assessed for a violation of described in section 142B.6
 11  8 142D.9, subsection 1, is not paid in a timely manner, a
 11  9 citation shall be issued for the violation in the manner
 11 10 provided in section 804.1.  However, a person under age
 11 11 eighteen shall not be detained in a secure facility for
 11 12 failure to pay the civil penalty.  The complainant shall not
 11 13 be charged a filing fee.
 11 14    Sec. 17.  Chapter 142B, Code 2005, is repealed.
 11 15                           EXPLANATION
 11 16    This bill creates a new Code chapter 142D, the "Smokefree
 11 17 Public Places and Workplace Safety Act".  The bill provides
 11 18 findings relating to environmental tobacco smoke, and the
 11 19 purpose of the new chapter which is to reduce the level of
 11 20 exposure by the general public and employees to environmental
 11 21 tobacco smoke in order to improve the public health of Iowans.
 11 22    The bill provides definitions, including definitions of
 11 23 "public place" and "place of employment".
 11 24    The bill prohibits smoking in public places, all enclosed
 11 25 locations within places of employment, and outdoor sports
 11 26 arenas and other entertainment venues where members of the
 11 27 general public assemble to witness entertainment events.  In
 11 28 addition, smoking is prohibited within 50 feet of any enclosed
 11 29 area where smoking is prohibited in order to ensure that
 11 30 tobacco smoke does not enter that area through entrances,
 11 31 windows, ventilation systems, or other means.
 11 32    Smoking is not regulated in private residences, unless used
 11 33 as a child care facility, child care home, child development
 11 34 home, or a health care provider location; hotel and motel
 11 35 rooms which meet certain specifications; retail tobacco
 12  1 stores; private and semiprivate rooms in long=term care
 12  2 facilities under certain conditions; private clubs; outdoor
 12  3 areas that are places of employment, with some exceptions;
 12  4 limousines under private hire; and enclosed indoor workplaces
 12  5 if the smoking is an integral part of a smoking cessation
 12  6 program or a medical or scientific research program.
 12  7    Additionally, an owner, operator, manager, or other person
 12  8 having custody or control of an establishment, facility, or
 12  9 outdoor area may declare the entire establishment, facility,
 12 10 or outdoor area as a nonsmoking place.
 12 11    The bill requires notice of the provisions of the Code
 12 12 chapter to be provided to all applicants for a business
 12 13 license in the state, to all law enforcement agencies, and to
 12 14 any business required to be registered with the office of the
 12 15 secretary of state; that all employers subject to the
 12 16 prohibitions of the Code chapter communicate to all existing
 12 17 employees and to all prospective employees upon application
 12 18 for employment the smoking prohibitions prescribed in the Code
 12 19 chapter; that the owner, operator, manager, or other person in
 12 20 custody or control of each public place or place of employment
 12 21 where smoking is prohibited under the Code chapter clearly and
 12 22 conspicuously post in and at every entrance to the location
 12 23 "no smoking" signs or the international "no smoking" symbol;
 12 24 and that the owner, operator, manager, or other person having
 12 25 custody or control of each public place or place of employment
 12 26 where smoking is prohibited under the Code chapter remove all
 12 27 ashtrays from these locations.
 12 28    The bill prohibits a person or employer from discharging,
 12 29 refusing to employ, or in any manner retaliating against an
 12 30 employee, applicant for employment, or customer because that
 12 31 employee, applicant, or customer exercises any rights afforded
 12 32 under the Code chapter, registers a complaint, or attempts to
 12 33 prosecute a violation of the chapter.
 12 34    The Code chapter is to be enforced by local boards of
 12 35 health which are county, city, or district boards of health
 13  1 under Code chapter 137.  The Iowa department of public health
 13  2 is required to adopt rules to administer the Code chapter.
 13  3 Judicial magistrates are to hear and determine violations of
 13  4 this chapter.  If a public place is subject to any state or
 13  5 political subdivision inspection process or is under contract
 13  6 with the state or a political subdivision, the person
 13  7 performing the inspection is required to assess compliance
 13  8 with the requirements of this Code chapter and report
 13  9 violations to the local board of health.  The bill requires an
 13 10 owner, operator, manager, or other person having custody or
 13 11 control of a public place or place of employment regulated
 13 12 under the Code chapter to inform persons violating this Code
 13 13 chapter of the appropriate provisions.  The bill authorizes an
 13 14 employee or private citizen to bring legal action to enforce
 13 15 the Code chapter and any person may register a complaint under
 13 16 the Code chapter by filing a complaint with the Iowa
 13 17 department of public health, or a local board of health.  In
 13 18 addition to other remedies, the county or local board of
 13 19 health or any other person aggrieved by the failure of the
 13 20 owner, operator, manager, or other person having custody or
 13 21 control of a public place or place of employment to comply
 13 22 with the Code chapter may seek injunctive relief to enforce
 13 23 the Code chapter.
 13 24    The bill provides civil penalties for violations of the
 13 25 Code chapter.  A person who smokes in an area where smoking is
 13 26 prohibited is required to pay a civil penalty of $50 for each
 13 27 violation.  A person who owns, manages, operates, or otherwise
 13 28 has custody or control of a public place or place of
 13 29 employment and who fails to comply with the Code chapter is
 13 30 required to pay a civil penalty as follows:  for a first
 13 31 violation, a monetary penalty not to exceed $100; for a second
 13 32 violation within one year, a monetary penalty not to exceed
 13 33 $200; and for each violation in excess of a second violation
 13 34 within one year, a monetary penalty not to exceed $500 for
 13 35 each additional violation.  An employer who discharges or in
 14  1 any manner discriminates against an employee because that
 14  2 employee has made a complaint or has provided information or
 14  3 instituted a legal action under the Code chapter is required
 14  4 to pay a civil penalty of not less than $2,000 nor more than
 14  5 $10,000 for each violation.  Civil penalties are to be
 14  6 deposited in the county treasury.  In addition to the
 14  7 penalties, violation of the Code chapter by a person who owns,
 14  8 manages, operates, or who otherwise has custody or control of
 14  9 a public place or place of employment may result in the
 14 10 suspension or revocation of any permit or license issued to
 14 11 the person for the premises on which the violation occurred.
 14 12    Under the bill, a violation of the Code chapter constitutes
 14 13 a public nuisance which may be abated by the Iowa department
 14 14 of public health or a local board of health by restraining
 14 15 order, preliminary or permanent injunction, or other means
 14 16 provided by law, and the entity abating the public nuisance
 14 17 may take action to recover the costs of such abatement.  Each
 14 18 day on which a violation of the Code chapter occurs is
 14 19 considered a separate and distinct violation.
 14 20    The bill directs the Iowa department of public health to
 14 21 provide a program to educate employers, owners, operators,
 14 22 managers, and others having custody or control of a public
 14 23 place or a place of employment and the general public
 14 24 regarding the provisions of and compliance with the Code
 14 25 chapter.
 14 26    The bill provides that the Code chapter is not to be
 14 27 interpreted or construed to permit smoking where smoking is
 14 28 otherwise restricted or prohibited by other applicable laws
 14 29 and the Code chapter is not to be interpreted to prevent
 14 30 political subdivisions from adopting ordinances or regulations
 14 31 which are more restrictive than the provisions of this Code
 14 32 chapter.
 14 33    The bill repeals existing Code chapter 142B relating to
 14 34 smoking prohibitions and makes conforming changes throughout
 14 35 the Code.
 15  1 LSB 5780XS 81
 15  2 pf:rj/sh/8