Bill Text: IA SF107 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the elimination of the requirement for the posting of signs or symbols under the smokefree air Act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-01-25 - Subcommittee: Feenstra, Petersen, and Smith. S.J. 130. [SF107 Detail]

Download: Iowa-2017-SF107-Introduced.html

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Senate File 107 - Introduced




                                 SENATE FILE       
                                 BY  SCHULTZ

                                      A BILL FOR

  1 An Act relating to the elimination of the requirement for the
  2    posting of signs or symbols under the smokefree air Act.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1271XS (3) 87
    pf/rj

PAG LIN



  1  1    Section 1.  Section 142D.5, subsection 2, Code 2017, is
  1  2 amended to read as follows:
  1  3    2.  Smoking shall be prohibited in any location of an area
  1  4 declared a nonsmoking place under this section if a sign is
  1  5 posted conforming to the provisions of section 142D.6.
  1  6    Sec. 2.  Section 142D.6, Code 2017, is amended to read as
  1  7 follows:
  1  8    142D.6  Notice of nonsmoking requirements == posting of signs.
  1  9    1.  Notice of the provisions of this chapter shall be
  1 10 provided to all applicants for a business license in this
  1 11 state, to all law enforcement agencies, and to any business
  1 12 required to be registered with the office of the secretary of
  1 13 state.
  1 14    2.  All employers subject to the prohibitions of this
  1 15 chapter shall communicate to all existing employees and to
  1 16 all prospective employees upon application for employment the
  1 17 smoking prohibitions prescribed in this chapter.
  1 18    3.  The owner, operator, manager, or other person having
  1 19 custody or control of a public place, place of employment,
  1 20 area declared a nonsmoking place pursuant to section 142D.5,
  1 21 or outdoor area where smoking is prohibited under this
  1 22 chapter shall clearly and conspicuously post in and at every
  1 23 entrance to the public place, place of employment, area
  1 24 declared a nonsmoking place pursuant to section 142D.5, or
  1 25 outdoor area, "no smoking" signs or the international "no
  1 26 smoking" symbol. Additionally, a "no smoking" sign or the
  1 27 international "no smoking" symbol shall be placed in every
  1 28 vehicle that constitutes a public place, place of employment,
  1 29 or area declared a nonsmoking place pursuant to section 142D.5
  1 30  under this chapter, visible from the exterior of the vehicle.
  1 31 All signs shall contain the telephone number for reporting
  1 32 complaints and the internet site of the department of public
  1 33 health. The owner, operator, manager, or other person having
  1 34 custody or control of the public place, place of employment,
  1 35 area declared a nonsmoking place pursuant to section 142D.5,
  2  1 or outdoor area may use the sample signs provided on the
  2  2 department of public health's internet site, or may use another
  2  3 sign if the contents of the sign comply with the requirements
  2  4 of this subsection.
  2  5    4.  The owner, operator, manager, or other person having
  2  6 custody or control of a public place, place of employment,
  2  7 area declared a nonsmoking place pursuant to section 142D.5,
  2  8 or outdoor area where smoking is prohibited under this chapter
  2  9 shall remove all ashtrays from these locations.
  2 10    Sec. 3.  Section 142D.8, subsection 1, Code 2017, is amended
  2 11 to read as follows:
  2 12    1.  This chapter shall be enforced by the department of
  2 13 public health or the department's designee. The department of
  2 14 public health shall adopt rules to administer this chapter,
  2 15 including rules regarding enforcement. The department
  2 16 of public health shall provide information regarding the
  2 17 provisions of this chapter and related compliance issues to
  2 18 employers, owners, operators, managers, and other persons
  2 19 having custody or control of a public place, place of
  2 20 employment, area declared a nonsmoking place pursuant to
  2 21 section 142D.5, or outdoor area where smoking is prohibited,
  2 22 and the general public via the department's internet site. The
  2 23 internet site shall include sample signage and the telephone
  2 24 number for reporting complaints. Judicial magistrates shall
  2 25 hear and determine violations of this chapter.
  2 26                           EXPLANATION
  2 27 The inclusion of this explanation does not constitute agreement with
  2 28 the explanation's substance by the members of the general assembly.
  2 29    This bill eliminates the required posting by the owner,
  2 30 operator, manager, or other person having custody or control
  2 31 of a public place, place of employment, area declared a
  2 32 nonsmoking place pursuant to Code section 142D.5, or outdoor
  2 33 area where smoking is prohibited under the smokefree air Act
  2 34 (Code chapter 142D) of no smoking signs or the international no
  2 35 smoking symbol at every entrance to the public place, place of
  3  1 employment, area declared a nonsmoking place, or outdoor area.
  3  2 Additionally, the bill eliminates the required placing of a
  3  3 no smoking sign or symbol in every vehicle that constitutes
  3  4 a public place, place of employment, or area declared a
  3  5 nonsmoking place. The bill also makes conforming changes in
  3  6 the smokefree air Act to eliminate references to the required
  3  7 posting or placing of the signs or symbols.
       LSB 1271XS (3) 87
       pf/rj