Bill Text: IN SB0095 | 2010 | Regular Session | Introduced
Bill Title: Prohibit smoking in public places.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-05 - First reading: referred to Committee on Commerce and Public Policy & Interstate Cooperation [SB0095 Detail]
Download: Indiana-2010-SB0095-Introduced.html
Citations Affected: IC 4-12-4-10; IC 16-18-2; IC 16-41-37.
Synopsis: Prohibit smoking in public places. Prohibits smoking in
public places and places of employment. Establishes certain civil
penalties for violations. Requires that the civil penalties collected for
violations be deposited into the tobacco use prevention and cessation
trust fund. Repeals provision in the current clean indoor air laws that
are not consistent with this act.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Commerce, Public Policy
& Interstate Cooperation.
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A BILL FOR AN ACT to amend the Indiana Code concerning
health.
(b) The fund consists of:
(1) amounts, if any, that another statute requires to be distributed to the fund from the Indiana tobacco master settlement agreement fund;
(2) appropriations to the fund from other sources;
(3) grants, gifts, and donations intended for deposit in the fund;
(4) civil penalties collected under IC 16-41-37; and
(c) The fund shall be administered by the executive board.
Notwithstanding IC 5-13, the treasurer of state shall invest the money
in the fund not currently needed to meet the obligations of the fund in
the same manner as money is invested by the public employees
retirement fund under IC 5-10.3-5. The treasurer of state may contract
with investment management professionals, investment advisors, and
legal counsel to assist in the investment of the fund and may pay the
expenses incurred under those contracts from the fund. Money in the
fund at the end of a state fiscal year does not revert to the state general
fund.
(d) All income and assets of the executive board deposited in the
fund are for the use of the executive board without appropriation.
(1) A private residence, except while the residence is being used for any of the following purposes:
(A) A licensed child care home.
(B) A health care facility or a health care provider's office.
(C) An adult day care facility.
(D) A place of employment.
(2) A retail tobacco store used primarily for the sale of tobacco products and accessories and in which:
(A) the sale of other products is merely incidental; and
(B) the sale of tobacco products accounts for at least eighty percent (80%) of the store's income.
However, this chapter applies to a retail tobacco store if food or beverages are sold for consumption on the premises or if an
area has been set aside for customers to consume food or
beverages on the premises.
(3) Hotel and motel rooms that are rented to guests and are
designated as smoking rooms. However:
(A) not more than twenty percent (20%) of rooms in a
hotel or motel may be designated as smoking rooms; and
(B) the status of a room as smoking or nonsmoking may
not be changed, except to add additional nonsmoking
rooms.
(4) A place of employment that is located outdoors.
(1) a roof, ceiling, or overhead covering of any kind; and
(2) solid walls or side coverings of any kind that extend from the floor to the ceiling, regardless of the presence of doorways, entrances, or exits, on all sides.
(1) an enclosed structure or the part of an enclosed structure that is
(2) the following areas that are used by or are accessible to the public:
(B) A college or university (as defined in IC 21-7-13-10), including dormitories.
(C) A facility that offers any of the following:
(i) Pari-mutuel horse racing under IC 4-31, including a satellite facility (as defined in IC 4-31-2-20.5), a grandstand, and a clubhouse where horse races are viewed live.
(ii) Charity gaming under IC 4-32.2.
(iii) Riverboat casino gambling under IC 4-33.
(iv) Gambling games under IC 4-35-5.
(D) Public transportation facilities, ticket, boarding, and waiting areas of public transit depots, and public transportation vehicles.
(E) A food service establishment (as defined in IC 16-31-9-1).
(F) Areas where the public assemble to engage in physical exercise, participate in athletic competition, or witness sports.
(G) A club that:
(i) meets the requirements under IC 7.1-3-20-1 for a club or under IC 7.1-3-20-7 for a fraternal club; and
(ii) is exempt from federal income taxation under Section 501(c) of the Internal Revenue Code.
(H) The common areas:
(i) of apartments, condominiums, trailer parks, and multiunit residential facilities; and
(ii) in any of the facilities or structures listed in clauses (A) through (G).
Common areas include entrances, exits, lobbies, enclosed walkways and hallways, elevators, and restrooms.
equipment.
(1) in a public
(2) in
(3) within a reasonable distance of a public place or a place of employment as determined by rules adopted by the state department;
(4) in a school bus during a school week or while the school bus is being used for a purpose described in section 2.3(3) of this chapter; or
(5) in an area where the owner, operator, manager, or other person in charge of the area has posted a nonsmoking sign;
commits a
(b) Notwithstanding IC 34-28-5-5(c), civil penalties collected under this section must be deposited in the Indiana tobacco use prevention and cessation trust fund established by IC 4-12-4-10.
(1) Post conspicuous signs that read "Smoking Is Prohibited By State Law"
(2) Request persons who are smoking in violation of section 4 of this chapter to refrain from smoking.
(3) Remove a person who is smoking in violation of section 4 of this chapter and fails to refrain from smoking after being
requested to do so.
(b) The proprietor of a restaurant official in charge of a public
place, place of employment, or other area where smoking is
prohibited under this chapter shall under sections 4 and 5 of this
chapter, post conspicuous no smoking signs at each entrance. to the
restaurant, informing the public of the establishment's smoking policy.
(c) The official in charge of a public place, place of employment,
or other area where smoking is prohibited under this chapter who
violates this section commits a Class C infraction. Notwithstanding
IC 34-28-5-4(c), a civil judgment for an infraction committed
under this section must be imposed as follows:
(1) For a violation of this section, a civil penalty of one
hundred dollars ($100).
(2) If the official has had one (1) civil judgment for a prior
violation of this section in the previous year, a civil penalty of
two hundred dollars ($200).
(3) If the official has had two (2) or more civil judgments for
prior violations of this section in the previous year, a civil
penalty of five hundred dollars ($500).
(d) Each day on which a violation of this section occurs is a
separate violation of this section.
(e) Notwithstanding IC 34-28-5-5(c), civil penalties collected
under this section must be deposited in the Indiana tobacco use
prevention and cessation trust fund established by IC 4-12-4-10.
(1) according to rules adopted by the state department; or
(2) in response to a filed complaint alleging noncompliance with this chapter.
(b) A fire department may enforce this chapter as part of an inspection program under IC 36-8-17-8.
SECTION 15. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2010]: IC 16-18-2-318.1; IC 16-41-37-3.1; IC 16-41-37-5; IC 16-41-37-7; IC 16-41-37-8.
