House
Study
Bill
627
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
PUBLIC
HEALTH
BILL)
A
BILL
FOR
An
Act
relating
to
the
smokefree
air
Act,
and
making
penalties
1
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
142D.1,
subsections
2
and
3,
Code
2020,
1
are
amended
to
read
as
follows:
2
2.
The
general
assembly
finds
that
environmental
tobacco
3
smoke
causes
and
exacerbates
and
vapor
products
cause
and
4
exacerbate
disease
in
nonsmoking
adults
and
children.
These
5
findings
are
sufficient
to
warrant
measures
that
regulate
6
smoking
in
public
places,
places
of
employment,
and
outdoor
7
areas
in
order
to
protect
the
public
health
and
the
health
of
8
employees.
9
3.
The
purpose
of
this
chapter
is
to
reduce
the
level
of
10
exposure
by
the
general
public
and
employees
to
environmental
11
tobacco
smoke
and
vapor
products
in
order
to
improve
the
public
12
health
of
Iowans.
13
Sec.
2.
Section
142D.2,
subsection
21,
Code
2020,
is
amended
14
to
read
as
follows:
15
21.
“Smoking”
means
inhaling,
exhaling,
burning,
or
carrying
16
any
lighted
or
heated
cigar,
cigarette,
pipe,
or
other
tobacco
17
product
,
or
vapor
product
in
any
manner
or
in
any
form.
18
“Smoking”
does
not
include
smoking
that
is
associated
with
a
19
recognized
religious
ceremony,
ritual,
or
activity,
including
20
but
not
limited
to
burning
of
incense.
21
Sec.
3.
Section
142D.2,
Code
2020,
is
amended
by
adding
the
22
following
new
subsection:
23
NEW
SUBSECTION
.
23.
“Vapor
product”
means
the
same
as
24
defined
in
section
453A.1.
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
amends
the
smokefree
air
Act
(Code
chapter
142D).
29
The
bill
amends
the
findings
and
purposes
of
the
Code
chapter
30
to
include
vapor
products
as
well
as
environmental
tobacco
31
smoke.
The
bill
also
amends
the
definition
of
“smoking”
32
to
include
vapor
products,
thereby
making
the
provisions
33
of
the
Code
chapter,
including
the
prohibition
against
and
34
penalties
applicable
to
smoking
in
certain
public
places,
35
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places
of
employment,
and
outdoor
areas,
also
applicable
to
1
vapor
products.
Applicable
penalties
include:
for
a
person
2
who
violates
the
Code
chapter
by
smoking
in
an
area
where
3
smoking
is
prohibited,
a
scheduled
fine
of
$50
which
is
a
civil
4
penalty;
for
a
person
who
owns,
operates,
manages,
or
otherwise
5
has
custody
or
control
of
a
public
place,
place
of
employment,
6
area
declared
a
nonsmoking
place,
or
outdoor
area
regulated
7
under
the
bill
and
who
fails
to
comply
with
the
Code
chapter,
8
for
a
first
violation,
a
civil
monetary
penalty
not
to
exceed
9
$100,
for
a
second
violation
within
one
year,
a
civil
monetary
10
penalty
not
to
exceed
$200,
and
for
each
violation
in
excess
of
11
a
second
violation
within
one
year,
a
civil
monetary
penalty
12
not
to
exceed
$500
for
each
additional
violation;
for
an
13
employer
who
discharges
or
in
any
manner
discriminates
against
14
an
employee
because
the
employee
has
made
a
complaint
or
has
15
provided
information
or
instituted
a
legal
action
under
the
16
bill,
a
civil
penalty
of
not
less
than
$2,000
and
not
more
than
17
$10,000
for
each
violation.
In
addition,
a
violation
of
the
18
bill
by
a
person
who
owns,
operates,
manages,
or
who
otherwise
19
has
custody
or
control
of
a
public
place,
place
of
employment,
20
area
declared
a
nonsmoking
place,
or
outdoor
area
may
result
in
21
the
suspension
or
revocation
of
any
permit
or
license
issued
to
22
the
person
for
the
premises
on
which
the
violation
occurred;
23
and
a
violation
of
the
bill
constitutes
a
public
nuisance
24
which
may
be
abated
by
the
department
of
public
health
or
the
25
department’s
designee
by
restraining
order,
preliminary
or
26
permanent
injunction,
or
other
means
provided
by
law,
and
the
27
entity
abating
the
public
nuisance
may
take
action
to
recover
28
the
costs
of
such
abatement.
29
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