HOUSE BILL No. 1312
DIGEST OF INTRODUCED BILL
Citations Affected: IC 16-18-2; IC 16-41-37.
Synopsis: Smoking ban in park recreation areas. Prohibits smoking in
certain recreational locations in a public park owned or operated by a
governmental unit. Provides penalties for smoking in a prohibited area.
Requires the person in charge of the area to post signs, request persons
who are smoking to refrain from smoking, and remove violators who
fail to refrain from smoking.
Effective: July 1, 2009.
Day, Neese, Cheatham
January 16, 2009, read first time and referred to Committee on Public Policy.
First Regular Session 116th General Assembly (2009)
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HOUSE BILL No. 1312
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 16-18-2-312.5; (09)IN1312.1.1. -->
SECTION 1. IC 16-18-2-312.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS [JULY 1,
2009]: Sec. 312.5. "Recreation area", for purposes of IC 16-41-37,
has the meaning set forth in IC 16-41-37-1.5.
SOURCE: IC 16-41-37-1.5; (09)IN1312.1.2. -->
SECTION 2. IC 16-41-37-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW
SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 1.5. As used in this chapter,
"recreation area" means any of the following areas or facilities
that are located within a public park owned or operated by the
state, a county, a city, a town, a township, or another governmental
(1) Playgrounds, including any area that has been designated
or landscaped for a play space.
(2) Sports and athletic areas, including areas where sports or
athletic equipment has been installed, an area that has been
designated or landscaped for sports or athletic activities,
recreation centers, and spectator areas for the sports and
(3) Picnic areas and picnic shelters.
SOURCE: IC 16-41-37-4; (09)IN1312.1.3. -->
SECTION 3. IC 16-41-37-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. A person who
(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;
(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
(5) in a recreation area;
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 16-41-37-6; (09)IN1312.1.4. -->
SECTION 4. IC 16-41-37-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. (a) The official in
charge of a public building or a recreation area
shall do the
(1) For public buildings,
post conspicuous signs that read
"Smoking Is Prohibited By State Law Except In Designated
Smoking Areas" or other similar language.
(2) For recreation areas, post conspicuous signs that read
"Smoking Is Prohibited By State Law".
Request persons who are smoking in violation of section
4 of this chapter to refrain from smoking.
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 shall, under sections 4 and 5 of
this chapter, post conspicuous signs at each entrance to the restaurant,
informing the public of the establishment's smoking policy.