Senate File 249 - Introduced SENATE FILE 249 BY QUIRMBACH , HOGG , DVORSKY , and BOLKCOM A BILL FOR An Act relating to the prohibitions against smoking under the 1 smokefree air Act and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2264XS (5) 87 pf/nh

S.F. 249 Section 1. Section 142D.2, subsection 21, Code 2017, is 1 amended to read as follows: 2 21. “Smoking” means inhaling, exhaling, burning, or carrying 3 any lighted or heated cigar, cigarette, pipe, or other tobacco 4 product in any manner or in any form , or the use of a vapor 5 product . “Smoking” does not include smoking that is associated 6 with a recognized religious ceremony, ritual, or activity, 7 including but not limited to burning of incense. 8 Sec. 2. Section 142D.2, Code 2017, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 23. “Vapor product” means as defined in 11 section 453A.1. 12 Sec. 3. Section 142D.4, subsection 10, Code 2017, is amended 13 by striking the subsection. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to the smokefree air Act (Code chapter 18 142D). 19 The bill defines “vapor product” and adds to the definition 20 of “smoking” the use of a vapor product. 21 The bill also eliminates the exception under the smokefree 22 air Act, for smoking on the gaming floors of a premises 23 licensed pursuant to Code chapter 99F (gambling structures, 24 excursion gambling boats, and racetracks). The bill thereby 25 subjects the entirety of these premises to the smoking 26 prohibitions of the Act. 27 Under Code chapter 142D, a person who smokes in an area where 28 smoking is prohibited is subject to a civil penalty, which is a 29 scheduled fine of $50. A person who owns, operates, manages, 30 or otherwise has custody or control of a public place, place 31 of employment, area declared a nonsmoking place, or outdoor 32 area regulated under Code chapter 142D and who fails to comply 33 with the Code chapter is subject to a civil penalty ranging 34 from an amount not to exceed $100 for a first violation to 35 -1- LSB 2264XS (5) 87 pf/nh 1/ 2

S.F. 249 an amount not to exceed $500 for each additional violation 1 in excess of a second violation in a year. An employer who 2 discharges or in any manner discriminates against an employee 3 because the employee has made a complaint or has provided 4 information or instituted a legal action under the Code chapter 5 is subject to a civil penalty of not less than $2,000 and 6 not more than $10,000 for each violation. In addition to 7 civil penalties, a person who owns, operates, manages, or 8 otherwise has custody or control of a public place, place of 9 employment, area declared a nonsmoking place, or outdoor area 10 regulated under the Code chapter may be subject to suspension 11 or revocation of any permit or license issued to the person for 12 the premises on which the violation occurred. Violation of the 13 Code chapter constitutes a public nuisance which may be abated 14 by restraining order, preliminary or permanent injunction, 15 or other means provided by law, and the entity abating the 16 public nuisance may take action to recover the costs of such 17 abatement. Each day on which a violation of the Code chapter 18 occurs is considered a separate and distinct violation. 19 -2- LSB 2264XS (5) 87 pf/nh 2/ 2