Introduced Version
SENATE BILL No. 95
_____
DIGEST OF INTRODUCED BILL
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.
Errington
January 5, 2010, read first time and referred to Committee on Commerce, Public Policy
& Interstate Cooperation.
Introduced
Second Regular Session 116th General Assembly (2010)
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
this style type.
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
this style type reconciles conflicts
between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.
SENATE BILL No. 95
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-12-4-10; (10)IN0095.1.1. -->
SECTION 1. IC 4-12-4-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 10. (a) The Indiana
tobacco use prevention and cessation trust fund is established. The
executive board may expend money from the fund and make grants
from the fund to implement the long range state plan established under
this chapter. General operating and administrative expenses of the
executive board are also payable from the fund.
(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;
and
(4) civil penalties collected under IC 16-41-37; and
(4) (5) interest that accrues from money in the fund.
(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.
SOURCE: IC 16-18-2-114.8; (10)IN0095.1.2. -->
SECTION 2. IC 16-18-2-114.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 114.8. "Enclosed area", for
purposes of IC 16-41-37, has the meaning set forth in
IC 16-41-37-1.5.
SOURCE: IC 16-18-2-285.5; (10)IN0095.1.3. -->
SECTION 3. IC 16-18-2-285.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 285.5. "Place of employment",
for purposes of IC 16-41-37, has the meaning set forth in
IC 16-41-37-1.8.
SOURCE: IC 16-18-2-298; (10)IN0095.1.4. -->
SECTION 4. IC 16-18-2-298 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 298. "Public building",
place", for purposes of IC 16-41-37, has the meaning set forth in
IC 16-41-37-2.
SOURCE: IC 16-41-37-0.5; (10)IN0095.1.5. -->
SECTION 5. IC 16-41-37-0.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]:
Sec. 0.5. This chapter does not
prohibit smoking in the following:
(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.
SOURCE: IC 16-41-37-1.5; (10)IN0095.1.6. -->
SECTION 6. IC 16-41-37-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 1.5. As used in this chapter,
"enclosed area" means an area with:
(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.
SOURCE: IC 16-41-37-1.8; (10)IN0095.1.7. -->
SECTION 7. IC 16-41-37-1.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 1.8. As used in this chapter,
"place of employment" means an enclosed area under the direct or
indirect control of an employer that the employer's employees
normally use during the course of employment for work or any
other purpose, including work areas, offices, employee lounges,
employee cafeterias, meeting rooms, classrooms, restrooms,
stairways, hallways, and other common areas.
SOURCE: IC 16-41-37-2; (10)IN0095.1.8. -->
SECTION 8. IC 16-41-37-2, AS AMENDED BY P.L.2-2007,
SECTION 194, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 2. As used in this chapter, "public
building" place" means:
(1) an enclosed structure or the part of an enclosed structure that
is one (1) of used by or accessible to the public; or
(2) the following areas that are used by or are accessible to the
public:
(1) (A) Areas occupied or operated by an agency of state or
local government, including vehicles owned, leased, or
operated by an agency of state or local government.
(2) Used as a classroom building or a dining area at a state
educational institution.
(B) A college or university (as defined in IC 21-7-13-10),
including dormitories.
(3) Used as a public school (as defined in IC 20-18-2-15).
(4) Licensed as a health facility under IC 16-21 or IC 16-28.
(5) Used as a station for paid firefighters.
(6) Used as a station for paid police officers.
(7) Licensed as a child care center or child care home or
registered as a child care ministry under IC 12-17.2.
(8) Licensed as a hospital under IC 16-21 or a county hospital
subject to IC 16-22.
(9) Used as a provider's office.
(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.
SOURCE: IC 16-41-37-3; (10)IN0095.1.9. -->
SECTION 9. IC 16-41-37-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. As used in this
chapter, "smoking" means the carrying,
burning, or holding of,
a
lighted cigarette, cigar, pipe, or any other lighted smoking equipment,
or the inhalation or exhalation of smoke from any lighted smoking
equipment.
SOURCE: IC 16-41-37-4; (10)IN0095.1.10. -->
SECTION 10. IC 16-41-37-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. (a) A person who
smokes:
(1) in a public building, except in an area designated as a smoking
area under section 5 of this chapter; place;
(2) in the retail area of a grocery store or drug store that is
designated as a nonsmoking area by the store's proprietor; place
of employment;
(3) in the dining area of a restaurant that is designated and posted
as the restaurant's nonsmoking area by the restaurant's proprietor;
or
(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 Class B Class C infraction. However, the violation is a
Class A infraction if the person has at least three (3) previous unrelated
judgments for violating this section that are accrued within the twelve
(12) months immediately preceding the violation. Notwithstanding
IC 34-28-5-4(c), a civil judgment for an infraction committed
under this section must be imposed with a civil penalty of fifty
dollars ($50).
(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.
SOURCE: IC 16-41-37-6; (10)IN0095.1.11. -->
SECTION 11. IC 16-41-37-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. (a) The official in
charge of a public
building place, place of employment, or other area
where smoking is prohibited under this chapter shall do the
following:
(1) Post conspicuous signs that read "Smoking Is Prohibited By
State Law"
Except In Designated Smoking Areas" or other similar
language.
(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.
SOURCE: IC 16-41-37-10; (10)IN0095.1.12. -->
SECTION 12. IC 16-41-37-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 10. (a) The state department, the
state department's designee, the alcohol and tobacco commission,
the alcohol and tobacco commission's designee, and the division of
fire and building safety may enforce this chapter at any time:
(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.
SOURCE: IC 16-41-37-11; (10)IN0095.1.13. -->
SECTION 13. IC 16-41-37-11 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 11. A person may not discharge,
refuse to hire, or in any manner retaliate against an employee,
applicant for employment, or customer because the employee,
applicant, or customer exercises any right or duty under this
chapter.
SOURCE: IC 16-41-37-12; (10)IN0095.1.14. -->
SECTION 14. IC 16-41-37-12 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]:
Sec. 12. The state department may
adopt rules under IC 4-22-2 to administer this chapter.
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.