Bill Text: IA SF249 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the prohibitions against smoking under the smokefree air Act and making penalties applicable.
Sponsorship: Partisan Bill (Democrat 4)
Status: (Introduced - Dead) 2017-02-22 - Subcommittee: Dawson, Feenstra, and Petersen. S.J. 387. [SF249 Detail]
Download: Iowa-2017-SF249-Introduced.html
Senate File 249 - Introduced SENATE FILE BY QUIRMBACH, HOGG, DVORSKY, and BOLKCOM A BILL FOR 1 An Act relating to the prohibitions against smoking under the 2 smokefree air Act and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2264XS (5) 87 pf/nh PAG LIN 1 1 Section 1. Section 142D.2, subsection 21, Code 2017, is 1 2 amended to read as follows: 1 3 21. "Smoking" means inhaling, exhaling, burning, or carrying 1 4 any lighted or heated cigar, cigarette, pipe, or other tobacco 1 5 product in any manner or in any form, or the use of a vapor 1 6 product. "Smoking" does not include smoking that is associated 1 7 with a recognized religious ceremony, ritual, or activity, 1 8 including but not limited to burning of incense. 1 9 Sec. 2. Section 142D.2, Code 2017, is amended by adding the 1 10 following new subsection: 1 11 NEW SUBSECTION. 23. "Vapor product" means as defined in 1 12 section 453A.1. 1 13 Sec. 3. Section 142D.4, subsection 10, Code 2017, is amended 1 14 by striking the subsection. 1 15 EXPLANATION 1 16 The inclusion of this explanation does not constitute agreement with 1 17 the explanation's substance by the members of the general assembly. 1 18 This bill relates to the smokefree air Act (Code chapter 1 19 142D). 1 20 The bill defines "vapor product" and adds to the definition 1 21 of "smoking" the use of a vapor product. 1 22 The bill also eliminates the exception under the smokefree 1 23 air Act, for smoking on the gaming floors of a premises 1 24 licensed pursuant to Code chapter 99F (gambling structures, 1 25 excursion gambling boats, and racetracks). The bill thereby 1 26 subjects the entirety of these premises to the smoking 1 27 prohibitions of the Act. 1 28 Under Code chapter 142D, a person who smokes in an area where 1 29 smoking is prohibited is subject to a civil penalty, which is a 1 30 scheduled fine of $50. A person who owns, operates, manages, 1 31 or otherwise has custody or control of a public place, place 1 32 of employment, area declared a nonsmoking place, or outdoor 1 33 area regulated under Code chapter 142D and who fails to comply 1 34 with the Code chapter is subject to a civil penalty ranging 1 35 from an amount not to exceed $100 for a first violation to 2 1 an amount not to exceed $500 for each additional violation 2 2 in excess of a second violation in a year. An employer who 2 3 discharges or in any manner discriminates against an employee 2 4 because the employee has made a complaint or has provided 2 5 information or instituted a legal action under the Code chapter 2 6 is subject to a civil penalty of not less than $2,000 and 2 7 not more than $10,000 for each violation. In addition to 2 8 civil penalties, a person who owns, operates, manages, or 2 9 otherwise has custody or control of a public place, place of 2 10 employment, area declared a nonsmoking place, or outdoor area 2 11 regulated under the Code chapter may be subject to suspension 2 12 or revocation of any permit or license issued to the person for 2 13 the premises on which the violation occurred. Violation of the 2 14 Code chapter constitutes a public nuisance which may be abated 2 15 by restraining order, preliminary or permanent injunction, 2 16 or other means provided by law, and the entity abating the 2 17 public nuisance may take action to recover the costs of such 2 18 abatement. Each day on which a violation of the Code chapter 2 19 occurs is considered a separate and distinct violation. LSB 2264XS (5) 87 pf/nh
