House Study Bill 89 



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            LOCAL GOVERNMENT BILL BY
                                            CHAIRPERSON GASKILL)


    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 1617HC 82
  4 pf/sh/8

PAG LIN



  1  1    Section 1.  Section 142B.6, unnumbered paragraph 3, Code
  1  2 2007, is amended by striking the unnumbered paragraph.
  1  3    Sec. 2.  NEW SECTION.  142B.6A  LOCAL REGULATION OF
  1  4 SMOKING.
  1  5    1.  A city, county, or local board of health may provide
  1  6 for the enforcement, by ordinance or rule, of standards or
  1  7 requirements that are higher or more stringent than those
  1  8 imposed under this chapter.
  1  9    2.  An ordinance or rule adopted under subsection 1 may
  1 10 specifically include but is not limited to any of the
  1 11 following:
  1 12    a.  An ordinance or rule that eliminates or limits the
  1 13 exemptions specified in section 142B.2, subsection 1.
  1 14    b.  An ordinance or rule that prohibits the designation of
  1 15 smoking areas notwithstanding section 142B.2, subsection 2.
  1 16    c.  An ordinance or rule that eliminates or limits the
  1 17 exemption in section 142B.2, subsection 2, relating to a
  1 18 public place consisting of a single room or a bar.
  1 19                           EXPLANATION
  1 20    This bill provides that a city, county, or local board of
  1 21 health may adopt an ordinance or rule to provide for the
  1 22 enforcement of standards and requirements that are higher or
  1 23 more stringent than those imposed under Code chapter 142B
  1 24 (smoking prohibitions).
  1 25    The bill provides that an ordinance or rule may
  1 26 specifically:  eliminate or limit the exemptions relating to
  1 27 designation of a smoking area or the application of
  1 28 designation of a smoking area to an entire room or hall that
  1 29 is used for a private social function, or to factories,
  1 30 warehouses, or similar places of work not usually frequented
  1 31 by the general public; prohibit the designation of a smoking
  1 32 area; or eliminate or limit the provisions allowing for
  1 33 exemptions for a single room or a bar.
  1 34    The bill also eliminates the provision relating to
  1 35 enforcement of the smoking prohibitions Code chapter in an
  2  1 equitable and uniform manner throughout the state.
  2  2 LSB 1617HC 82
  2  3 pf:nh/sh/8