House File 778 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON LOCAL GOVERNMENT

                                       (SUCCESSOR TO HSB 89)


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

                                      A BILL FOR

  1 An Act relating to local regulation of smoking.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 1617HV 82
  4 pf/cf/24

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, including but not
  1 13 limited to taverns, nightclubs, cocktail lounges, and
  1 14 cabarets.
  1 15    3.  "Public place" means any enclosed indoor area used by
  1 16 the general public or serving as a place of work containing
  1 17 two hundred fifty or more square feet of floor space,
  1 18 including, but not limited to, all restaurants with a seating
  1 19 capacity greater than fifty, all retail stores, lobbies and
  1 20 malls, offices, including waiting rooms, and other commercial
  1 21 establishments; public conveyances with departures, travel,
  1 22 and destination entirely within this state; educational
  1 23 facilities; hospitals, clinics, nursing homes, and other
  1 24 health care and medical facilities; and auditoriums,
  1 25 elevators, theaters, libraries, art museums, concert halls,
  1 26 indoor arenas, and meeting rooms.  "Public place" does not
  1 27 include a:
  1 28    a.  A retail store at which fifty percent or more of the
  1 29 sales result from the sale of tobacco or tobacco products,
  1 30 the.
  1 31    b.  The portion of a retail store where tobacco or tobacco
  1 32 products are sold, a.
  1 33    c.  A private, enclosed office occupied exclusively by
  1 34 smokers even though the office may be visited by nonsmokers,
  1 35 a.
  2  1    d.  A room used primarily as the residence of students or
  2  2 other persons at an educational facility, a sleeping room in a
  2  3 motel or hotel, or each resident's room in a health care
  2  4 facility.  The person in custody or control of the facility
  2  5 shall provide a sufficient number of rooms in which smoking is
  2  6 not permitted to accommodate all persons who desire such
  2  7 rooms.
  2  8    e.  A bar.
  2  9    f.  A business location licensed under chapter 99D or 99F.
  2 10    g.  A private residence unless used as a child care
  2 11 facility, child care home, or a health care provider location.
  2 12    Sec. 2.  Section 142B.1, Code 2007, is amended by adding
  2 13 the following new subsection:
  2 14    NEW SUBSECTION.  1A.  "Health care provider location" means
  2 15 an office or institution providing care or treatment of
  2 16 disease whether physical, mental, or emotional, or other
  2 17 medical, physiological, or psychological conditions, including
  2 18 but not limited to a hospital as defined in section 135B.1, a
  2 19 health care facility as defined in section 135C.1, an elder
  2 20 group home as defined in section 231B.1, an assisted living
  2 21 program as defined in section 231C.2, an adult day services
  2 22 program as defined in section 231D.1, clinics, laboratories,
  2 23 and the locations of professionals regulated pursuant to Title
  2 24 IV, subtitle 3, and includes all enclosed areas of the
  2 25 location including waiting rooms, hallways, other common
  2 26 areas, private rooms, semiprivate rooms, and wards within the
  2 27 location.
  2 28    Sec. 3.  Section 142B.2, subsection 3, unnumbered paragraph
  2 29 1, Code 2007, is amended to read as follows:
  2 30    Where smoking areas are designated, existing physical
  2 31 barriers and existing ventilation systems shall be used to
  2 32 minimize the toxic effect of smoke in adjacent nonsmoking
  2 33 areas.  In the case of public places consisting of a single
  2 34 room, the provisions of this law shall be considered met if
  2 35 one side of the room is reserved and posted as a no=smoking
  3  1 area.  No public place other than a bar shall be designated as
  3  2 a smoking area in its entirety.  If a bar has within its
  3  3 premises a nonsmoking area, this designation shall be posted
  3  4 on all entrances normally used by the public.
  3  5    Sec. 4.  Section 142B.6, unnumbered paragraph 3, Code 2007,
  3  6 is amended by striking the unnumbered paragraph.
  3  7    Sec. 5.  NEW SECTION.  142B.6A  LOCAL REGULATION OF
  3  8 SMOKING.
  3  9    1.  A city or county may provide for the enforcement, by
  3 10 ordinance, of standards or requirements for public places or
  3 11 public meetings that are higher or more stringent than those
  3 12 imposed under this chapter.
  3 13    2.  An ordinance adopted under subsection 1 may
  3 14 specifically include the following:
  3 15    a.  An ordinance that eliminates or limits the exemptions
  3 16 specified in section 142B.2, subsection 1.
  3 17    b.  An ordinance that prohibits the designation of smoking
  3 18 areas notwithstanding section 142B.2, subsection 2.
  3 19    c.  An ordinance that eliminates or limits the exemption in
  3 20 section 142B.2, subsection 3, relating to a public place
  3 21 consisting of a single room.
  3 22    d.  An ordinance that provides higher or more stringent
  3 23 standards or requirements relating to the posting of signs as
  3 24 provided in section 142B.4.
  3 25    e.  An ordinance that provides higher or more stringent
  3 26 civil penalties than those provided in section 142B.6.
  3 27                           EXPLANATION
  3 28    This bill provides that a city or county may adopt an
  3 29 ordinance to provide for the enforcement of standards or
  3 30 requirements for public places or public meetings that are
  3 31 higher or more stringent than those imposed under Code chapter
  3 32 142B (smoking prohibitions).
  3 33    The bill provides that an ordinance may specifically:
  3 34 eliminate or limit the exemptions relating to designation of a
  3 35 smoking area or the application of designation of a smoking
  4  1 area to an entire room or hall that is used for a private
  4  2 social function, or to factories, warehouses, or similar
  4  3 places of work not usually frequented by the general public;
  4  4 prohibit the designation of a smoking area; eliminate or limit
  4  5 the provisions allowing for exemptions for a single room;
  4  6 provide higher or more stringent standards or requirements
  4  7 relating to the posting of signs; or provide higher or more
  4  8 stringent civil penalties.
  4  9    The bill also redefines "bar" and "public place" and
  4 10 provides a definition for "health care provider location" for
  4 11 the purposes of chapter 142B.  In addition to existing
  4 12 exclusions, the bill provides that the definition of public
  4 13 place does not include a bar, a business location licensed
  4 14 under chapter 99D (pari=mutuel wagering) or 99F
  4 15 (gambling=excursion gambling boats and racetracks) or a
  4 16 private residence unless used as a child care facility, child
  4 17 care home, or a health care provider location.
  4 18    The bill also eliminates the provision relating to
  4 19 enforcement of the smoking prohibitions Code chapter in an
  4 20 equitable and uniform manner throughout the state.
  4 21 LSB 1617HV 82
  4 22 pf:nh/cf/24