HSB 627 (LSB 5403XD (3) 88)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF PUBLIC HEALTH BILL)

A BILL FOR

An Act relating to the smokefree air Act, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 142D.1, subsections 2 and 3, Code 2020, are amended to read as follows:
   2.  The general assembly finds that environmental tobacco smoke causes and exacerbates and vapor products cause and exacerbate disease in nonsmoking adults and children. These findings are sufficient to warrant measures that regulate smoking in public places, places of employment, and outdoor areas in order to protect the public health and the health of employees.
   3.  The purpose of this chapter is to reduce the level of exposure by the general public and employees to environmental tobacco smoke and vapor products in order to improve the public health of Iowans.
    Sec. 2.  Section 142D.2, subsection 21, Code 2020, is amended to read as follows:
   21.  “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or other tobacco product, or vapor product in any manner or in any form. “Smoking” does not include smoking that is associated with a recognized religious ceremony, ritual, or activity, including but not limited to burning of incense.
    Sec. 3.  Section 142D.2, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  23.  “Vapor product” means the same as defined in section 453A.1.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill amends the smokefree air Act (Code chapter 142D). The bill amends the findings and purposes of the Code chapter to include vapor products as well as environmental tobacco smoke. The bill also amends the definition of “smoking” to include vapor products, thereby making the provisions of the Code chapter, including the prohibition against and penalties applicable to smoking in certain public places, places of employment, and outdoor areas, also applicable to vapor products. Applicable penalties include: for a person who violates the Code chapter by smoking in an area where smoking is prohibited, a scheduled fine of $50 which is a civil penalty; for a person who owns, operates, manages, or otherwise has custody or control of a public place, place of employment, area declared a nonsmoking place, or outdoor area regulated under the bill and who fails to comply with the Code chapter, for a first violation, a civil monetary penalty not to exceed $100, for a second violation within one year, a civil monetary penalty not to exceed $200, and for each violation in excess of a second violation within one year, a civil monetary penalty not to exceed $500 for each additional violation; for an employer who discharges or in any manner discriminates against an employee because the employee has made a complaint or has provided information or instituted a legal action under the bill, a civil penalty of not less than $2,000 and not more than $10,000 for each violation. In addition, a violation of the bill by a person who owns, operates, manages, or who otherwise has custody or control of a public place, place of employment, area declared a nonsmoking place, or outdoor area may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred; and a violation of the bill constitutes a public nuisance which may be abated by the department of public health or the department’s designee by restraining order, preliminary or permanent injunction, or other means provided by law, and the entity abating the public nuisance may take action to recover the costs of such abatement.