Bill Text: IA SSB3030 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act eliminating specific requirements relating to no smoking signs or symbols.(See SF 2188.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2022-02-02 - Committee report approving bill, renumbered as SF 2188. [SSB3030 Detail]

Download: Iowa-2021-SSB3030-Introduced.html
Senate Study Bill 3030 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON SCHULTZ) A BILL FOR An Act eliminating specific requirements relating to no smoking 1 signs or symbols. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5521XC (3) 89 pf/rh
S.F. _____ Section 1. Section 142D.5, Code 2022, is amended to read as 1 follows: 2 142D.5 Declaration of area as nonsmoking —— signage notice . 3 1. Notwithstanding any provision of this chapter to the 4 contrary, an owner, operator, manager, or other person having 5 custody or control of an area otherwise exempt from the 6 prohibitions of section 142D.3 may declare the entire area as a 7 nonsmoking place. 8 2. Smoking shall be prohibited in any location of an area 9 declared a nonsmoking place under this section pursuant to 10 subsection 1 if a “no smoking” sign or the international “no 11 smoking” symbol is posted conforming to the provisions of 12 section 142D.6 to provide adequate notice of the prohibition . 13 Sec. 2. Section 142D.6, Code 2022, is amended to read as 14 follows: 15 142D.6 Notice of nonsmoking requirements —— posting of signs . 16 1. Notice of the provisions of this chapter shall be 17 provided to all applicants for a business license in this 18 state, to all law enforcement agencies, and to any business 19 required to be registered with the office of the secretary of 20 state. 21 2. All employers subject to the prohibitions of this 22 chapter shall communicate to all existing employees and to 23 all prospective employees upon application for employment the 24 smoking prohibitions prescribed in this chapter . 25 3. The owner, operator, manager, or other person having 26 custody or control of a public place, place of employment, 27 area declared a nonsmoking place pursuant to section 142D.5 , 28 or outdoor area where smoking is prohibited under this 29 chapter shall clearly and conspicuously post in and at every 30 entrance to the public place, place of employment, area 31 declared a nonsmoking place pursuant to section 142D.5 , or 32 outdoor area, “no smoking” signs or the international “no 33 smoking” symbol. Additionally, a “no smoking” sign or the 34 international “no smoking” symbol shall be placed in every 35 -1- LSB 5521XC (3) 89 pf/rh 1/ 3
S.F. _____ vehicle that constitutes a public place, place of employment, 1 or area declared a nonsmoking place pursuant to section 142D.5 2 under this chapter , visible from the exterior of the vehicle. 3 All signs shall contain the telephone number for reporting 4 complaints and the internet site of the department of public 5 health. The owner, operator, manager, or other person having 6 custody or control of the public place, place of employment, 7 area declared a nonsmoking place pursuant to section 142D.5 , 8 or outdoor area may use the sample signs provided on the 9 department of public health’s internet site, or may use another 10 sign if the contents of the sign comply with the requirements 11 of this subsection . 12 4. 3. The owner, operator, manager, or other person having 13 custody or control of a public place, place of employment, 14 area declared a nonsmoking place pursuant to section 142D.5 , 15 or outdoor area where smoking is prohibited under this chapter 16 shall remove all ashtrays from these locations. 17 Sec. 3. Section 142D.8, subsection 1, Code 2022, is amended 18 to read as follows: 19 1. This chapter shall be enforced by the department of 20 public health or the department’s designee. The department of 21 public health shall adopt rules to administer this chapter , 22 including rules regarding enforcement. The department 23 of public health shall provide information regarding the 24 provisions of this chapter and related compliance issues to 25 employers, owners, operators, managers, and other persons 26 having custody or control of a public place, place of 27 employment, area declared a nonsmoking place pursuant to 28 section 142D.5 , or outdoor area where smoking is prohibited, 29 and the general public via the department’s internet site. The 30 internet site shall include sample signage and the telephone 31 number for reporting complaints. Judicial magistrates shall 32 hear and determine violations of this chapter . 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -2- LSB 5521XC (3) 89 pf/rh 2/ 3
S.F. _____ the explanation’s substance by the members of the general assembly. 1 This bill eliminates specific requirements relating to 2 the posting of a “no smoking” sign or the international “no 3 smoking” symbol by the owner, operator, manager, or other 4 person having custody or control of a location where smoking 5 is prohibited pursuant to Code chapter 142D (smokefree air 6 Act). The bill provides that if an owner, operator, manager, 7 or other person having custody or control of an area otherwise 8 exempt from the smoking prohibitions under Code chapter 142D 9 voluntarily declares the entire area as a nonsmoking place, 10 smoking is then prohibited in an area declared a nonsmoking 11 place if a “no smoking” sign or the international “no smoking” 12 symbol is posted in order to provide adequate notice of the 13 prohibition. 14 -3- LSB 5521XC (3) 89 pf/rh 3/ 3
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