Senate File 2096 - Introduced
SENATE FILE
BY BOLKCOM, McCOY, KIBBIE,
GRONSTAL, APPEL, FRAISE, DEARDEN,
WOOD, OLIVE, HATCH, DVORSKY,
HECKROTH, DANIELSON, SCHMITZ,
RAGAN, STEWART, BEALL, CONNOLLY,
KREIMAN, and SCHOENJAHN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the local regulation of smoking.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 6211SS 82
4 pf/nh/8
PAG LIN
1 1 Section 1. Section 142B.1, Code 2007, is amended by adding
1 2 the following new subsections:
1 3 NEW SUBSECTION. 1A. "Child care facility" means child
1 4 care facility as defined in section 237A.1.
1 5 NEW SUBSECTION. 1B. "Child care home" means child care
1 6 home as defined in section 237A.1.
1 7 NEW SUBSECTION. 1C. "Health care provider location" means
1 8 an office or institution providing care or treatment of
1 9 disease whether physical, mental, or emotional, or other
1 10 medical, physiological, or psychological conditions, including
1 11 but not limited to a hospital as defined in section 135B.1, a
1 12 health care facility as defined in section 135C.1, an elder
1 13 group home as defined in section 231B.1, an assisted living
1 14 program as defined in section 231C.2, an adult day services
1 15 program as defined in section 231D.1, clinics, laboratories,
1 16 and the locations of professionals regulated pursuant to Title
1 17 IV, subtitle III, and includes all enclosed areas of the
1 18 location including waiting rooms, hallways, other common
1 19 areas, private rooms, semiprivate rooms, and wards within the
1 20 location.
1 21 Sec. 2. Section 142B.1, subsection 3, Code 2007, is
1 22 amended to read as follows:
1 23 3. "Public place" means any enclosed indoor area used by
1 24 the general public or serving as a place of work containing
1 25 two hundred fifty or more square feet of floor space,
1 26 including, but not limited to, all restaurants with a seating
1 27 capacity greater than fifty, all retail stores, lobbies and
1 28 malls, offices, including waiting rooms, and other commercial
1 29 establishments; public conveyances with departures, travel,
1 30 and destination entirely within this state; educational
1 31 facilities; hospitals, clinics, nursing homes, and other
1 32 health care and medical facilities health care provider
1 33 locations; and auditoriums, elevators, theaters, libraries,
1 34 art museums, concert halls, indoor arenas, and meeting rooms.
1 35 "Public place" does not include a retail store at which fifty
2 1 percent or more of the sales result from the sale of tobacco
2 2 or tobacco products, the portion of a retail store where
2 3 tobacco or tobacco products are sold, a private, enclosed
2 4 office occupied exclusively by smokers even though the office
2 5 may be visited by nonsmokers, a room used primarily as the
2 6 residence of students or other persons at an educational
2 7 facility, a sleeping room in a motel or hotel, or each
2 8 resident's room in a health care facility. The person in
2 9 custody or control of the facility shall provide a sufficient
2 10 number of rooms in which smoking is not permitted to
2 11 accommodate all persons who desire such rooms. "Public place"
2 12 does not include a private residence unless used as a child
2 13 care facility, child care home, or a health care provider
2 14 location.
2 15 Sec. 3. Section 142B.6, unnumbered paragraph 3, Code 2007,
2 16 is amended by striking the unnumbered paragraph.
2 17 Sec. 4. NEW SECTION. 142B.6A LOCAL REGULATION OF
2 18 SMOKING.
2 19 1. A city or county may provide for the enforcement, by
2 20 ordinance, of standards or requirements for public places or
2 21 public meetings that are higher or more stringent than those
2 22 imposed under this chapter but only as specified in subsection
2 23 2.
2 24 2. An ordinance adopted under subsection 1 may
2 25 specifically include only the following:
2 26 a. An ordinance that eliminates or limits the exemptions
2 27 specified in section 142B.2, subsection 1.
2 28 b. An ordinance that prohibits the designation of smoking
2 29 areas notwithstanding section 142B.2, subsection 2.
2 30 c. An ordinance that eliminates or limits the exemption in
2 31 section 142B.2, subsection 3, relating to a public place
2 32 consisting of a single room or a bar.
2 33 d. An ordinance that provides higher or more stringent
2 34 standards or requirements relating to the posting of signs as
2 35 provided in section 142B.4.
3 1 e. An ordinance that provides higher or more stringent
3 2 civil penalties than those provided in section 142B.6.
3 3 EXPLANATION
3 4 This bill provides that a city or county may adopt an
3 5 ordinance to provide for the enforcement of standards or
3 6 requirements that are higher or more stringent for public
3 7 places or public meetings than those imposed under Code
3 8 chapter 142B (smoking prohibitions). The bill provides that
3 9 "public place" does not include a private residence unless
3 10 used as a child care facility, child care home, or a health
3 11 care provider location.
3 12 The bill provides that an ordinance may specifically
3 13 include provisions relating to: elimination or limitation of
3 14 the exemptions relating to designation of a smoking area or
3 15 the application of designation of a smoking area to an entire
3 16 room or hall that is used for a private social function, or to
3 17 factories, warehouses, or similar places of work not usually
3 18 frequented by the general public; prohibition of the
3 19 designation of a smoking area; elimination or limitation of
3 20 the provisions allowing for exemptions for a single room or a
3 21 bar; posting of signs; and civil penalties.
3 22 The bill also eliminates the provision relating to
3 23 enforcement of the smoking prohibitions Code chapter in an
3 24 equitable and uniform manner throughout the state.
3 25 LSB 6211SS 82
3 26 pf/nh/8