Bill Text: IA SF261 | 2017-2018 | 87th General Assembly | Introduced

Iowa Senate Bill 261 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act relating to prohibitions under the smokefree air Act, and making penalties applicable.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2017-02-22 - Subcommittee: Dawson, Feenstra, and Petersen. S.J. 387. [SF261 Detail]

Download: Iowa-2017-SF261-Introduced.html


Senate File 261 - Introduced




                                 SENATE FILE       
                                 BY  FEENSTRA

                                      A BILL FOR

  1 An Act relating to prohibitions under the smokefree air Act,
  2    and making penalties applicable.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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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
  1  4 carrying any lighted or heated cigar, cigarette, pipe, or any
  1  5  other lighted or heated tobacco or plant product intended for
  1  6 inhalation, including hookahs and marijuana, whether natural
  1  7 or synthetic, in any manner or in any form.  "Smoking" also
  1  8 includes the use of an electronic smoking device which creates
  1  9 an aerosol or vapor, in any manner or in any form, or the use
  1 10 of any oral smoking device. "Smoking" does not include smoking
  1 11 that is associated with a recognized religious ceremony,
  1 12 ritual, or activity, including but not limited to burning of
  1 13 incense.
  1 14    Sec. 2.  Section 142D.4, subsection 10, Code 2017, is amended
  1 15 by striking the subsection.
  1 16                           EXPLANATION
  1 17 The inclusion of this explanation does not constitute agreement with
  1 18 the explanation's substance by the members of the general assembly.
  1 19    This bill relates to the prohibitions under the smokefree
  1 20 air Act (Code chapter 142D).
  1 21    The bill amends the definition of "smoking" to include
  1 22 inhaling, exhaling, burning, or carrying any heated cigar,
  1 23 cigarette, pipe, or any other lighted or heated tobacco or
  1 24 plant product intended for inhalation, including hookahs and
  1 25 marijuana, whether natural or synthetic, in any manner or in
  1 26 any form. "Smoking" also includes the use of an electronic
  1 27 smoking device which creates an aerosol or vapor, in any manner
  1 28 or in any form, or the use of any oral smoking device.
  1 29    The bill also eliminates the exception under the smokefree
  1 30 air Act allowing smoking on the gaming floors of the premises
  1 31 licensed pursuant to Code chapter 99F (gambling structures,
  1 32 excursion gambling boats, and racetracks). The bill thereby
  1 33 subjects the entirety of these premises to the smoking
  1 34 prohibitions of the Act.
  1 35    Under Code chapter 142D, various penalties are applicable
  2  1 to violations relating to smoking. A person who smokes in an
  2  2 area where smoking is prohibited is subject to a civil penalty,
  2  3 which is a scheduled fine of $50.  A person who owns, operates,
  2  4 manages, or otherwise has custody or control of a public place,
  2  5 place of employment, area declared a nonsmoking place, or
  2  6 outdoor area regulated under Code chapter 142D and who fails
  2  7 to comply with the Code chapter is subject to a civil penalty
  2  8 ranging from an amount not to exceed $100 for a first violation
  2  9 to an amount not to exceed $500 for each additional violation
  2 10 in excess of a second violation in a year.  An employer who
  2 11 discharges or in any manner discriminates against an employee
  2 12 because the employee has made a complaint or has provided
  2 13 information or instituted a legal action under the Code chapter
  2 14 is subject to a civil penalty of not less than $2,000 and
  2 15 not more than $10,000 for each violation. In addition to
  2 16 civil penalties, a person who owns,  operates, manages, or
  2 17 otherwise has custody or control of a public place, place of
  2 18 employment, area declared a nonsmoking place, or outdoor area
  2 19 regulated under the Code chapter may be subject to suspension
  2 20 or revocation of any permit or license issued to the person for
  2 21 the premises on which the violation occurred.  Violation of the
  2 22 Code chapter constitutes a public nuisance which may be abated
  2 23 by restraining order, preliminary or permanent injunction,
  2 24 or other means provided by law, and the entity abating the
  2 25 public nuisance may take action to recover the costs of such
  2 26 abatement. Each day on which a violation of the Code chapter
  2 27 occurs is considered a separate and distinct violation.
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