Senate File 261 - Introduced SENATE FILE 261 BY FEENSTRA A BILL FOR An Act relating to prohibitions under the smokefree air Act, 1 and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2459XS (2) 87 pf/nh

S.F. 261 Section 1. Section 142D.2, subsection 21, Code 2017, is 1 amended to read as follows: 2 21. “Smoking” means inhaling, exhaling, burning, or 3 carrying any lighted or heated cigar, cigarette, pipe, or any 4 other lighted or heated tobacco or plant product intended for 5 inhalation, including hookahs and marijuana, whether natural 6 or synthetic, in any manner or in any form. “Smoking” also 7 includes the use of an electronic smoking device which creates 8 an aerosol or vapor, in any manner or in any form, or the use 9 of any oral smoking device. “Smoking” does not include smoking 10 that is associated with a recognized religious ceremony, 11 ritual, or activity, including but not limited to burning of 12 incense. 13 Sec. 2. Section 142D.4, subsection 10, Code 2017, is amended 14 by striking the subsection. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill relates to the prohibitions under the smokefree 19 air Act (Code chapter 142D). 20 The bill amends the definition of “smoking” to include 21 inhaling, exhaling, burning, or carrying any heated cigar, 22 cigarette, pipe, or any other lighted or heated tobacco or 23 plant product intended for inhalation, including hookahs and 24 marijuana, whether natural or synthetic, in any manner or in 25 any form. “Smoking” also includes the use of an electronic 26 smoking device which creates an aerosol or vapor, in any manner 27 or in any form, or the use of any oral smoking device. 28 The bill also eliminates the exception under the smokefree 29 air Act allowing smoking on the gaming floors of the premises 30 licensed pursuant to Code chapter 99F (gambling structures, 31 excursion gambling boats, and racetracks). The bill thereby 32 subjects the entirety of these premises to the smoking 33 prohibitions of the Act. 34 Under Code chapter 142D, various penalties are applicable 35 -1- LSB 2459XS (2) 87 pf/nh 1/ 2

S.F. 261 to violations relating to smoking. A person who smokes in an 1 area where smoking is prohibited is subject to a civil penalty, 2 which is a scheduled fine of $50. A person who owns, operates, 3 manages, or otherwise has custody or control of a public place, 4 place of employment, area declared a nonsmoking place, or 5 outdoor area regulated under Code chapter 142D and who fails 6 to comply with the Code chapter is subject to a civil penalty 7 ranging from an amount not to exceed $100 for a first violation 8 to an amount not to exceed $500 for each additional violation 9 in excess of a second violation in a year. An employer who 10 discharges or in any manner discriminates against an employee 11 because the employee has made a complaint or has provided 12 information or instituted a legal action under the Code chapter 13 is subject to a civil penalty of not less than $2,000 and 14 not more than $10,000 for each violation. In addition to 15 civil penalties, a person who owns, operates, manages, or 16 otherwise has custody or control of a public place, place of 17 employment, area declared a nonsmoking place, or outdoor area 18 regulated under the Code chapter may be subject to suspension 19 or revocation of any permit or license issued to the person for 20 the premises on which the violation occurred. Violation of the 21 Code chapter constitutes a public nuisance which may be abated 22 by restraining order, preliminary or permanent injunction, 23 or other means provided by law, and the entity abating the 24 public nuisance may take action to recover the costs of such 25 abatement. Each day on which a violation of the Code chapter 26 occurs is considered a separate and distinct violation. 27 -2- LSB 2459XS (2) 87 pf/nh 2/ 2