Senate Study Bill 3052 - 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 TLSB 5403XD (3) 88 pf/rh
S.F. _____ H.F. _____ 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 -1- LSB 5403XD (3) 88 pf/rh 1/ 2
S.F. _____ H.F. _____ 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 -2- LSB 5403XD (3) 88 pf/rh 2/ 2