House File 364 - Introduced HOUSE FILE 364 BY A. MEYER A BILL FOR An Act relating to the application of the smokefree air Act to 1 vapor products, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1735YH (2) 90 pf/rh
H.F. 364 Section 1. Section 142D.2, subsection 21, Code 2023, is 1 amended to read as follows: 2 21. “Smoking” means inhaling, exhaling, burning, or carrying 3 any lighted cigar, cigarette, pipe, or other tobacco product 4 and using a vapor product in any manner or in any form. 5 “Smoking” does not include smoking that is associated with a 6 recognized religious ceremony, ritual, or activity, including 7 but not limited to burning of incense. 8 Sec. 2. Section 142D.2, Code 2023, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 23. “Vapor product” means the same as 11 defined in section 453A.1. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill provides for the application of Code chapter 142D 16 (smokefree air Act) to vapor products. Under Code chapter 17 142D, smoking is prohibited and a person shall not smoke in 18 public places, all enclosed areas within places of employment, 19 areas declared smoking places by the person having custody or 20 control of the area, and outdoor areas, with exceptions. 21 A person who smokes in an area where smoking is prohibited 22 is subject to a civil penalty of $50. A person who owns, 23 operates, manages, or otherwise has custody or control of 24 a public place, place of employment, outdoor area, or area 25 declared a nonsmoking place who fails to comply with Code 26 chapter 142D is subject to a civil penalty ranging from $100 27 for a first violation to $500 for each violation in excess of a 28 second violation within one year. An employer who discharges 29 or in any manner discriminates against an employee due to an 30 employee’s complaint, provision of information, or legal action 31 under the Code chapter is subject to a civil penalty of not 32 less than $2,000 and not more than $10,000 for each violation. 33 Noncompliance with the Code chapter by a person who owns, 34 operates, manages, or who otherwise has custody or control of a 35 -1- LSB 1735YH (2) 90 pf/rh 1/ 2
H.F. 364 public place, place of employment, area declared a nonsmoking 1 place, or outdoor area regulated under the Code chapter may 2 result in the suspension or revocation of any permit or license 3 issued to the person for the premises on which the violation 4 occurred. 5 -2- LSB 1735YH (2) 90 pf/rh 2/ 2