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