Introduced Version






HOUSE BILL No. 1131

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 7.1-5-12; IC 12-7-2-178.8; IC 12-24-2-8; IC 16-18-2; IC 16-41-37.

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.





Brown C, Turner, Welch, Sullivan




    January 7, 2010, read first time and referred to Committee on Public Policy.







Introduced

Second Regular Session 116th General Assembly (2010)


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 this style type.
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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)IN1131.1.1. -->     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.
    (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.

SOURCE: IC 12-7-2-178.8; (10)IN1131.1.2. -->     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)IN1131.1.3. -->     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)IN1131.1.4. -->     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)IN1131.1.5. -->     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.
    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.