Senate File 107 - Introduced SENATE FILE 107 BY SCHULTZ A BILL FOR An Act relating to the elimination of the requirement for the 1 posting of signs or symbols under the smokefree air Act. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1271XS (3) 87 pf/rj

S.F. 107 Section 1. Section 142D.5, subsection 2, Code 2017, is 1 amended to read as follows: 2 2. Smoking shall be prohibited in any location of an area 3 declared a nonsmoking place under this section if a sign is 4 posted conforming to the provisions of section 142D.6 . 5 Sec. 2. Section 142D.6, Code 2017, is amended to read as 6 follows: 7 142D.6 Notice of nonsmoking requirements —— posting of signs . 8 1. Notice of the provisions of this chapter shall be 9 provided to all applicants for a business license in this 10 state, to all law enforcement agencies, and to any business 11 required to be registered with the office of the secretary of 12 state. 13 2. All employers subject to the prohibitions of this 14 chapter shall communicate to all existing employees and to 15 all prospective employees upon application for employment the 16 smoking prohibitions prescribed in this chapter . 17 3. The owner, operator, manager, or other person having 18 custody or control of a public place, place of employment, 19 area declared a nonsmoking place pursuant to section 142D.5 , 20 or outdoor area where smoking is prohibited under this 21 chapter shall clearly and conspicuously post in and at every 22 entrance to the public place, place of employment, area 23 declared a nonsmoking place pursuant to section 142D.5 , or 24 outdoor area, “no smoking” signs or the international “no 25 smoking” symbol. Additionally, a “no smoking” sign or the 26 international “no smoking” symbol shall be placed in every 27 vehicle that constitutes a public place, place of employment, 28 or area declared a nonsmoking place pursuant to section 142D.5 29 under this chapter , visible from the exterior of the vehicle. 30 All signs shall contain the telephone number for reporting 31 complaints and the internet site of the department of public 32 health. The owner, operator, manager, or other person having 33 custody or control of the public place, place of employment, 34 area declared a nonsmoking place pursuant to section 142D.5 , 35 -1- LSB 1271XS (3) 87 pf/rj 1/ 3

S.F. 107 or outdoor area may use the sample signs provided on the 1 department of public health’s internet site, or may use another 2 sign if the contents of the sign comply with the requirements 3 of this subsection . 4 4. The owner, operator, manager, or other person having 5 custody or control of a public place, place of employment, 6 area declared a nonsmoking place pursuant to section 142D.5 , 7 or outdoor area where smoking is prohibited under this chapter 8 shall remove all ashtrays from these locations. 9 Sec. 3. Section 142D.8, subsection 1, Code 2017, is amended 10 to read as follows: 11 1. This chapter shall be enforced by the department of 12 public health or the department’s designee. The department of 13 public health shall adopt rules to administer this chapter , 14 including rules regarding enforcement. The department 15 of public health shall provide information regarding the 16 provisions of this chapter and related compliance issues to 17 employers, owners, operators, managers, and other persons 18 having custody or control of a public place, place of 19 employment, area declared a nonsmoking place pursuant to 20 section 142D.5 , or outdoor area where smoking is prohibited, 21 and the general public via the department’s internet site. The 22 internet site shall include sample signage and the telephone 23 number for reporting complaints. Judicial magistrates shall 24 hear and determine violations of this chapter . 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill eliminates the required posting by the owner, 29 operator, manager, or other person having custody or control 30 of a public place, place of employment, area declared a 31 nonsmoking place pursuant to Code section 142D.5, or outdoor 32 area where smoking is prohibited under the smokefree air Act 33 (Code chapter 142D) of no smoking signs or the international no 34 smoking symbol at every entrance to the public place, place of 35 -2- LSB 1271XS (3) 87 pf/rj 2/ 3

S.F. 107 employment, area declared a nonsmoking place, or outdoor area. 1 Additionally, the bill eliminates the required placing of a 2 no smoking sign or symbol in every vehicle that constitutes 3 a public place, place of employment, or area declared a 4 nonsmoking place. The bill also makes conforming changes in 5 the smokefree air Act to eliminate references to the required 6 posting or placing of the signs or symbols. 7 -3- LSB 1271XS (3) 87 pf/rj 3/ 3