Bill Text: IN HB1131 | 2010 | Regular Session | Amended
Bill Title: Smoking ban in public places.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2010-02-15 - Senator Errington added as cosponsor [HB1131 Detail]
Download: Indiana-2010-HB1131-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 in: (1)
public places; (2) enclosed areas of a place of employment; and (3)
certain state vehicles. Provides exceptions for certain businesses.
Requires the alcohol and tobacco commission to enforce the
prohibition. Requires signs to be posted at the public entrance of public
places and businesses to provide notice that the facility either allows or
does not allow smoking. Makes it a Class B infraction to violate the
smoking prohibition and a Class A infraction if the person has three
unrelated prior offenses. Allows certain governmental units to adopt
smoking ordinances. Repeals the current clean indoor air law that
prohibits smoking in public buildings.
Effective: July 1, 2010.
January 7, 2010, read first time and referred to Committee on Public Policy.
January 20, 2010, reported _ Do Pass.
January 25, 2010, read second time, amended, call withdrawn.
February 1, 2010, re-read second time, amended, ordered engrossed.
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
health.
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, pipe, or any other lighted smoking equipment; or
(2) inhalation or exhalation of smoke from lighted smoking equipment.
Sec. 3. (a) 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.
(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 other individual with
authority shall remove ashtrays or other smoking paraphernalia
from areas where smoking is prohibited under this chapter.
Sec. 4. (a) Notwithstanding section 3(a) of this chapter, the
following facilities may allow smoking:
(1) A horse racing facility that is operated under a permit
issued under IC 4-31-5.
(2) A riverboat (as defined in IC 4-33-2-17) that is operated
under a license issued under IC 4-33-6 or a contract as an
operating agent under IC 4-33-6.5.
(3) A facility that operates under a gambling game license
under IC 4-35-5.
(4) A satellite facility that is licensed under IC 4-31-5.5.
(5) A:
(A) bar or tavern that:
(i) holds a beer, liquor, or wine retailer's permit;
(ii) permits no individual to enter at any time who is less
than twenty-one (21) years of age;
(iii) employs no individual less than twenty-one (21)
years of age; and
(iv) is not located in a business that would otherwise be
subject to this chapter; or
(B) retail food establishment, club (as defined in
IC 7.1-3-20-1), or a fraternal club (as defined in
IC 7.1-3-20-7) that:
(i) holds a beer, liquor, or wine retailer's permit;
(ii) on December 31, 2009, prohibited and does not
permit an individual to enter at any time who is less than
eighteen (18) years of age;
(iii) employs no individual less than eighteen (18) years
of age; and
(iv) is not located in a business that would otherwise be
subject to this chapter.
(6) An establishment that:
(A) is a tobacco business (as defined in IC 35-46-1-1); and
(B) does not allow an individual who is less than eighteen
(18) years of age to enter the establishment.
(7) A business that:
(A) is exempt from federal income taxation under 26
U.S.C. 501(c);
(B) meets the requirements to be considered a club under IC 7.1-3-20-1 or is a fraternal club (as defined in IC 7.1-3-20-7); and
(C) provides food or alcoholic beverages only to its bona fide members and their guests.
(8) A family owned and operated business in which all employees are related to the owner, but only if the enclosed areas of the business are not open to the public.
(b) The official in charge of a facility that allows smoking under this section shall post a conspicuous sign at each public entrance of the facility stating that the facility is a smoking facility.
Sec. 5. The commission shall enforce this chapter. The commission 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. 6. (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 an individual who is smoking in violation of this chapter and fails to refrain from smoking after being requested to do so.
(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 establishment.
Sec. 7. 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. 8. An owner, manager, or 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. 9. (a) Subject to subsection (b), this chapter does not prohibit a county, city, town, or other governmental unit from adopting an ordinance more restrictive than this chapter.
(b) A county, city, town, or other governmental unit may not under subsection (a) adopt or enforce an ordinance that affects a
facility described in section 4(a)(1) through section 4(a)(4) of this
chapter, unless the ordinance specifically includes a facility
described in section 4(a)(1) through section 4(a)(4) of 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.
; (10)HB1131.2.6. --> SECTION 6. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2010]: 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.
