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 to certain gaming facilities.
Requires the alcohol and tobacco commission to enforce the
prohibition. Makes it a Class B infraction to violate the smoking
prohibition and a Class A infraction if the person has three unrelated
prior offenses. 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.
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.
(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. 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.
; (10)HB1131.1.6. --> 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.
