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
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1735YH
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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
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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.
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