House File 2054 - Introduced



                                       HOUSE FILE       
                                       BY  WISE


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

                                      A BILL FOR

  1 An Act relating to the regulation of smoking in certain public
  2    places, and making penalties applicable.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5206YH 82
  5 pf/nh/8

PAG LIN



  1  1    Section 1.  Section 142B.1, subsections 1 and 3, Code 2007,
  1  2 are amended to read as follows:
  1  3    1.  "Bar" means an a legal=age=restricted establishment or
  1  4 portion of an establishment where one can purchase and consume
  1  5 that is primarily devoted to the serving of alcoholic
  1  6 beverages as defined in section 123.3, subsection 4, but
  1  7 excluding any establishment or portion of the establishment
  1  8 having table and seating facilities for serving of meals to
  1  9 more than fifty people at one time and where, in consideration
  1 10 of payment, meals are served at tables to the public to guests
  1 11 on the premises and in which the serving of food is incidental
  1 12 to the consumption of those beverages.
  1 13    3.  "Public place" means any enclosed indoor area used by
  1 14 the general public or serving as a place of work containing
  1 15 two hundred fifty or more square feet of floor space,
  1 16 including, but not limited to, all restaurants with a seating
  1 17 capacity greater than fifty, all retail stores, lobbies and
  1 18 malls, offices, including waiting rooms, and other commercial
  1 19 establishments; public conveyances with departures, travel,
  1 20 and destination entirely within this state; educational
  1 21 facilities; hospitals, clinics, nursing homes, and other
  1 22 health care and medical facilities; and auditoriums,
  1 23 elevators, theaters, libraries, art museums, concert halls,
  1 24 indoor arenas, and meeting rooms.  "Public place" does not
  1 25 include a retail store at which fifty percent or more of the
  1 26 sales result from the sale of tobacco or tobacco products,;
  1 27 the portion of a retail store where tobacco or tobacco
  1 28 products are sold,; or a private, enclosed office occupied
  1 29 exclusively by smokers even though the office may be visited
  1 30 by nonsmokers, a.  "Public place" also does not include a room
  1 31 used primarily as the residence of students or other persons
  1 32 at an educational facility, a sleeping room in a motel or
  1 33 hotel, or each resident's room in a health care facility.  The
  1 34 , but the person in custody or control of the facility shall
  1 35 provide a sufficient number of rooms in which smoking is not
  2  1 permitted to accommodate all persons who desire such rooms.
  2  2 "Public place" does not include a gambling structure or an
  2  3 excursion gambling boat.
  2  4    Sec. 2.  Section 142B.2, subsections 3 and 4, Code 2007,
  2  5 are amended to read as follows:
  2  6    3.  a.  Where smoking areas are designated, existing
  2  7 physical barriers and existing ventilation systems shall be
  2  8 used to minimize the toxic effect of smoke in adjacent
  2  9 nonsmoking areas.  In the case of public places consisting of
  2 10 a single room, the provisions of this law shall be considered
  2 11 met if one side of the room is reserved and posted as a
  2 12 no=smoking area.  No public place other than a bar shall be
  2 13 designated as a smoking area in its entirety.  If a bar has
  2 14 within its premises a nonsmoking area, this designation shall
  2 15 be posted on all entrances normally used by the public.
  2 16    b.  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    c.  A facility inspected by the department of inspections
  2 21 and appeals shall be inspected by the department for
  2 22 compliance with sections 142B.3 and 142B.4.
  2 23    4.  a.  Notwithstanding subsection 1 of this section,
  2 24 smoking is prohibited on elevators.
  2 25    b.  Notwithstanding subsection 1, and any other provision
  2 26 to the contrary, beginning July 1, 2008, smoking is prohibited
  2 27 in restaurants.
  2 28    c.  Notwithstanding subsections 1 and 3 and any other
  2 29 provision to the contrary, a bar may be designated as a
  2 30 smoking area in its entirety.  If the bar has within its
  2 31 premises a nonsmoking area, this designation shall be posted
  2 32 on all entrances normally used by the public.  However,
  2 33 notwithstanding subsection 1, and any other provision to the
  2 34 contrary, beginning July 1, 2009, smoking is prohibited in
  2 35 bars.
  3  1    Sec. 3.  Section 142B.6, unnumbered paragraph 1, Code 2007,
  3  2 is amended to read as follows:
  3  3    A person who smokes in those areas or public places
  3  4 prohibited in section 142B.2, or who violates section 142B.4,
  3  5 shall pay a civil fine pursuant to section 805.8C, subsection
  3  6 3, paragraph "a", for each violation.
  3  7                           EXPLANATION
  3  8    This bill provides for the prohibition of smoking in all
  3  9 restaurants beginning July 1, 2008, and in all bars beginning
  3 10 July 1, 2009.  The bill also provides that the definition of
  3 11 public place, to which smoking restrictions apply, does not
  3 12 include gambling structures or excursion gambling boats.
  3 13 Existing penalties would be applicable to persons who smoke in
  3 14 areas which are not designated smoking areas or in the public
  3 15 places in which smoking is prohibited.  For such violations,
  3 16 the scheduled fine is $25, and is a civil penalty, and the
  3 17 criminal penalty surcharge is not added and court costs are
  3 18 not imposed.  If the civil penalty assessed for a violation is
  3 19 not paid in a timely manner, a citation is issued for the
  3 20 violation.  However, a person under age 18 is not to be
  3 21 detained in a secure facility for failure to pay the civil
  3 22 penalty.  The complainant is also not to be charged a filing
  3 23 fee.
  3 24 LSB 5206YH 82
  3 25 pf/nh/8