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.
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
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
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
(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
(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
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 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;
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
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.