Bill Text: IN HB1018 | 2011 | Regular Session | Amended
Bill Title: Smoking ban in public places.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-02-17 - First reading: referred to Committee on Public Policy [HB1018 Detail]
Download: Indiana-2011-HB1018-Amended.html
Citations Affected: IC 7.1-5; IC 12-7; IC 12-24; IC 16-18; IC 16-41.
Synopsis: Smoking ban in public places. Prohibits smoking: (1) in
public places; (2) in enclosed areas of a place of employment; (3) in
certain state vehicles; and (4) within 12 feet of a public entrance to a
public place or an enclosed area of a place of employment. Allows
smoking in: (1) certain gaming facilities; and (2) retail tobacco stores
that meet certain requirements. Requires the alcohol and tobacco
commission to enforce this prohibition. Makes it a Class B infraction
to violate the smoking prohibition and a Class A infraction if the
person has three prior unrelated judgments for violations. Prohibits
firing or refusing to hire a person for reporting a violation or exercising
any right or performing any obligation under the smoking prohibitions.
Repeals the current clean indoor air law that prohibits smoking in
public buildings.
Effective: July 1, 2011.
Candelaria Reardon, Welch
January 5, 2011, read first time and referred to Committee on Public Health.
January 20, 2011, amended, reported _ Do Pass.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
alcohol and tobacco.
Chapter 12. Prohibition on Smoking
Sec. 1. As used in this chapter, "public place" means an enclosed area in which the public is invited or permitted.
Sec. 2. As used in this chapter, "smoking" means the:
(1) carrying or holding of a lighted cigarette, cigar, or pipe or any other lighted smoking equipment; or
(2) inhalation or exhalation of smoke from lighted smoking equipment.
Sec. 3. (a) Except as provided in section 3.5 of this chapter, smoking is prohibited in the following:
(1) A public place.
(2) Enclosed areas of a place of employment.
(3) A vehicle owned, leased, or operated by the state if the vehicle is being used for a governmental function.
(4) Within twelve (12) feet of a public entrance to a public place or an enclosed area of a place of employment.
(b) An employer shall inform each of the employer's employees and prospective employees of the smoking prohibition in the place of employment.
(c) An owner, an operator, a manager, or another individual with authority shall remove ashtrays or other smoking paraphernalia from areas where smoking is prohibited under this chapter. However, this subsection does not prohibit the display of ashtrays or other smoking paraphernalia that are intended only for retail sale.
Sec. 3.5. (a) Except as provided in subsection (c) and section 9 of this chapter, smoking is allowed in the following establishments:
(1) A horse racing facility operated under a permit under IC 4-31-5.
(2) A riverboat (as defined in IC 4-33-2-17) and any other permanent structure that is:
(A) owned or leased by the owner of the riverboat; and
(B) located on land that is adjacent to:
(i) the dock to which the riverboat is moored; or
(ii) the land on which the riverboat is situated in the case of a riverboat described in IC 4-33-2-17(2).
(3) A facility that operates under a gambling game license under IC 4-35-5.
(4) A satellite facility licensed under IC 4-31-5.5.
(5) A retail tobacco store used primarily for the sale of tobacco products and accessories that, before July 1, 2011, meets the following requirements:
(A) The establishment prohibits entry by an individual who is less than eighteen (18) years of age.
(B) The sale of products other than tobacco is merely incidental.
(C) The sale of tobacco products accounts for at least eighty percent (80%) of the store's income.
(D) Food or beverages are not sold for consumption on the premises, and there is not an area set aside for customers to consume food or beverages on the premises.
(b) Notwithstanding section 5(a)(1) of this chapter, the official in charge of the establishment that allows smoking under this section shall post conspicuous signs that read "Smoking Is Allowed In This Establishment" or other similar language.
(c) This section does not allow smoking in the following enclosed
areas:
(1) Any hallway, elevator, or other common area where an
individual who is less than eighteen (18) years of age is
permitted.
(2) Any room that is intended for use by an individual who is
less than eighteen (18) years of age.
Sec. 4. (a) The commission shall enforce this chapter.
(b) The department of health, local health department, and
division of fire and building safety may enforce this chapter.
(c) The commission, department of health, local health
department, and division of fire and building safety may inspect
premises that are subject to this chapter to ensure that the person
responsible for the premises is in compliance with this chapter.
Sec. 5. (a) The official in charge of a public place shall do the
following:
(1) Post conspicuous signs that read "Smoking Is Prohibited
By State Law" or other similar language.
(2) Request an individual who is smoking in violation of this
chapter to refrain from smoking.
(3) Remove from the public place an individual who is
smoking in violation of this chapter and fails to refrain from
smoking after being requested to refrain from smoking.
(b) The proprietor of a restaurant shall post conspicuous signs
at each entrance to the restaurant informing the public that
smoking is prohibited in the restaurant.
Sec. 6. A person who smokes in an area where smoking is
prohibited by this chapter commits prohibited smoking, a Class B
infraction. However, the violation is a Class A infraction if the
person has at least three (3) prior unrelated judgments for a
violation of this chapter.
Sec. 7. An owner, a manager, or an operator of a public place or
place of employment that fails to comply with this chapter commits
a Class B infraction. However, the violation is a Class A infraction
if the person has at least three (3) prior unrelated judgments for a
violation under this chapter.
Sec. 8. A person, an owner, a manager, or an employer may not
discharge, refuse to hire, or in any manner retaliate against an
individual for reporting a violation of this chapter or exercising
any right or satisfying any obligation under this chapter.
Sec. 9. This chapter does not prohibit a county, city, town, or
other governmental unit from adopting an ordinance more
restrictive than this chapter.
(b) A physician licensed under IC 25-22.5 may prescribe nicotine as is medically necessary for a resident of a state institution.
(b) "Agency", for purposes of IC 16-40-5, has the meaning set forth in IC 16-40-5-1.
; (11)HB1018.1.6. --> SECTION 6. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 16-18-2-298; IC 16-18-2-318.1; IC 16-18-2-332; IC 16-41-37-1; IC 16-41-37-2; IC 16-41-37-3; IC 16-41-37-3.1; IC 16-41-37-5; IC 16-41-37-6; IC 16-41-37-7; IC 16-41-37-8.
