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House File 364 - IntroducedA Bill ForAn Act 1relating to the application of the smokefree air Act to
2vapor products, and making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 142D.2, subsection 21, Code 2023, is
2amended to read as follows:
321. “Smoking” means inhaling, exhaling, burning, or carrying
4any lighted cigar, cigarette, pipe, or other tobacco product
5and using a vapor product in any manner or in any form.
6“Smoking” does not include smoking that is associated with a
7recognized religious ceremony, ritual, or activity, including
8but not limited to burning of incense.
9 Sec. 2. Section 142D.2, Code 2023, is amended by adding the
10following new subsection:
11 NEW SUBSECTION. 23. “Vapor product” means the same as
12defined in section 453A.1.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill provides for the application of Code chapter 142D
17(smokefree air Act) to vapor products. Under Code chapter
18142D, smoking is prohibited and a person shall not smoke in
19public places, all enclosed areas within places of employment,
20areas declared smoking places by the person having custody or
21control of the area, and outdoor areas, with exceptions.
22A person who smokes in an area where smoking is prohibited
23is subject to a civil penalty of $50. A person who owns,
24operates, manages, or otherwise has custody or control of
25a public place, place of employment, outdoor area, or area
26declared a nonsmoking place who fails to comply with Code
27chapter 142D is subject to a civil penalty ranging from $100
28for a first violation to $500 for each violation in excess of a
29second violation within one year. An employer who discharges
30or in any manner discriminates against an employee due to an
31employee’s complaint, provision of information, or legal action
32under the Code chapter is subject to a civil penalty of not
33less than $2,000 and not more than $10,000 for each violation.
34Noncompliance with the Code chapter by a person who owns,
35operates, manages, or who otherwise has custody or control of a
-1-1public place, place of employment, area declared a nonsmoking
2place, or outdoor area regulated under the Code chapter may
3result in the suspension or revocation of any permit or license
4issued to the person for the premises on which the violation
5occurred.
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2vapor products, and making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 142D.2, subsection 21, Code 2023, is
2amended to read as follows:
321. “Smoking” means inhaling, exhaling, burning, or carrying
4any lighted cigar, cigarette, pipe, or other tobacco product
5and using a vapor product in any manner or in any form.
6“Smoking” does not include smoking that is associated with a
7recognized religious ceremony, ritual, or activity, including
8but not limited to burning of incense.
9 Sec. 2. Section 142D.2, Code 2023, is amended by adding the
10following new subsection:
11 NEW SUBSECTION. 23. “Vapor product” means the same as
12defined in section 453A.1.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill provides for the application of Code chapter 142D
17(smokefree air Act) to vapor products. Under Code chapter
18142D, smoking is prohibited and a person shall not smoke in
19public places, all enclosed areas within places of employment,
20areas declared smoking places by the person having custody or
21control of the area, and outdoor areas, with exceptions.
22A person who smokes in an area where smoking is prohibited
23is subject to a civil penalty of $50. A person who owns,
24operates, manages, or otherwise has custody or control of
25a public place, place of employment, outdoor area, or area
26declared a nonsmoking place who fails to comply with Code
27chapter 142D is subject to a civil penalty ranging from $100
28for a first violation to $500 for each violation in excess of a
29second violation within one year. An employer who discharges
30or in any manner discriminates against an employee due to an
31employee’s complaint, provision of information, or legal action
32under the Code chapter is subject to a civil penalty of not
33less than $2,000 and not more than $10,000 for each violation.
34Noncompliance with the Code chapter by a person who owns,
35operates, manages, or who otherwise has custody or control of a
-1-1public place, place of employment, area declared a nonsmoking
2place, or outdoor area regulated under the Code chapter may
3result in the suspension or revocation of any permit or license
4issued to the person for the premises on which the violation
5occurred.
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