Reprinted
February 2, 2010
HOUSE BILL No. 1131
_____
DIGEST OF HB 1131
(Updated February 1, 2010 7:32 pm - DI 77)
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.
Brown C, Turner, Welch, Sullivan
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January 25, 2010, read second time, amended, call withdrawn.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.
Reprinted
February 2, 2010
Second Regular Session 116th General Assembly (2010)
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HOUSE BILL No. 1131
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 7.1-5-12; (10)HB1131.2.1. -->
SECTION 1. IC 7.1-5-12 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]:
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.
SOURCE: IC 12-7-2-178.8; (10)HB1131.2.2. -->
SECTION 2. IC 12-7-2-178.8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 178.8. "Smoking", for
purposes of IC 12-24-2-8, has the meaning set forth in IC 16-41-37-3.
IC 7.1-5-12-2.
SOURCE: IC 12-24-2-8; (10)HB1131.2.3. -->
SECTION 3. IC 12-24-2-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. (a) Notwithstanding
IC 12-27-3-3, the superintendent of a state institution has complete
authority to regulate smoking (as defined in IC 16-41-37-3)
IC 7.1-5-12-2) within the state institution.
(b) A physician licensed under IC 25-22.5 may prescribe nicotine
as is medically necessary for a resident of a state institution.
SOURCE: IC 16-18-2-10; (10)HB1131.2.4. -->
SECTION 4. IC 16-18-2-10, AS AMENDED BY P.L.101-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 10. (a) "Agency", for purposes of IC 16-23.5, has
the meaning set forth in IC 16-23.5-1-2.
(b) "Agency", for purposes of IC 16-40-5, has the meaning set forth
in IC 16-40-5-1.
(c) "Agency", for purposes of IC 16-41-37, has the meaning set forth
in IC 16-41-37-1.
SOURCE: IC 16-41-37-4; (10)HB1131.2.5. -->
SECTION 5. IC 16-41-37-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. A person who
smokes (as defined in IC 7.1-5-12-2)
(1) in a public building, except in an area designated as a smoking
area under section 5 of this chapter;
(2) in the retail area of a grocery store or drug store that is
designated as a nonsmoking area by the store's proprietor;
(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
(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 commits a Class B 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.
SOURCE: 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.
; (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.