HOUSE FILE 232

BY  SWAIM

A BILL FOR

An Act relating to an exemption for smoking in public places meeting certain restrictions, including age-related provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 142D.4, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  12.
  a.  A public place otherwise subject to the prohibitions of section 142D.3 that meets both of the following conditions:
   (1)  Entrance to the public place is restricted to individuals eighteen years of age or older.
   (2)  The owner, operator, manager, or other person having custody or control of the public place ensures that smoke from the location in which smoking is authorized does not infiltrate into areas in which smoking is otherwise prohibited under section 142D.3.
   b.  This subsection shall not be construed to prohibit the owner, operator, manager, or other person having custody or control of a public place from designating the public place as a nonsmoking place pursuant to section 142D.5.
EXPLANATION
   This bill exempts from the prohibition against smoking, a public place that does both of the following: restricts entrance to individuals 18 years of age and older, and ensures that smoke from the location in which smoking is authorized does not infiltrate into areas in which smoking is otherwise prohibited. The bill is not to be construed to prohibit the owner, operator, manager, or other person having custody or control of the public place from designating the public place as nonsmoking in accordance with existing law.