Reprinted

January 25, 2011





HOUSE BILL No. 1018

_____


DIGEST OF HB 1018 (Updated January 24, 2011 4:46 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: (1) in public places; (2) in enclosed areas of a place of employment; (3) in certain state vehicles; and (4) within 12 feet of a public entrance to a public place or an enclosed area of a place of employment. Provides exceptions to the smoking prohibition. Requires the alcohol and tobacco commission to enforce this prohibition. Makes it a Class B infraction to violate the smoking prohibition and a Class A infraction if the person has three prior unrelated judgments for violations. Prohibits firing or refusing to hire a person for reporting a violation or exercising any right or performing any obligation under the smoking prohibitions. Repeals the current clean indoor air law that prohibits smoking in public buildings.

Effective: July 1, 2011.





Brown C, Turner,
Candelaria Reardon, Welch





    January 5, 2011, read first time and referred to Committee on Public Health.
    January 20, 2011, amended, reported _ Do Pass.
    January 24, 2011, read second time, amended, ordered engrossed.





Reprinted

January 25, 2011

First Regular Session 117th General Assembly (2011)


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. 1018



    A BILL FOR AN ACT to amend the Indiana Code concerning alcohol and tobacco.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 7.1-5-12; (11)HB1018.2.1. -->     SECTION 1. IC 7.1-5-12 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     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, or pipe or any other lighted smoking equipment; or
        (2) inhalation or exhalation of smoke from lighted smoking equipment.
    Sec. 3. (a) Except as provided in section 3.5 of this chapter, 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.
        (4) Within twelve (12) feet of a public entrance to a public place or an enclosed area of a place of employment.
    (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 another individual with authority shall remove ashtrays or other smoking paraphernalia from areas where smoking is prohibited under this chapter. However, this subsection does not prohibit the display of ashtrays or other smoking paraphernalia that are intended only for retail sale.
    Sec. 3.5. (a) Except as provided in subsection (c) and section 9 of this chapter, smoking is allowed in the following establishments:
        (1) A horse racing facility operated under a permit under IC 4-31-5.
        (2) A riverboat (as defined in IC 4-33-2-17) and any other permanent structure that is:
            (A) owned or leased by the owner of the riverboat; and
            (B) located on land that is adjacent to:
                (i) the dock to which the riverboat is moored; or
                (ii) the land on which the riverboat is situated in the case of a riverboat described in IC 4-33-2-17(2).
        (3) A facility that operates under a gambling game license under IC 4-35-5.
        (4) A satellite facility licensed under IC 4-31-5.5.
        (5) A retail tobacco store used primarily for the sale of tobacco products and accessories that, before July 1, 2011, meets the following requirements:
            (A) The establishment prohibits entry by an individual who is less than eighteen (18) years of age.
            (B) The sale of products other than tobacco is merely incidental.
            (C) The sale of tobacco products accounts for at least eighty percent (80%) of the store's income.
            (D) Food or beverages are not sold for consumption on the premises, and there is not an area set aside for customers to consume food or beverages on the premises.
        (6) A bar or tavern:
            (A) that holds:
                (i) a beer retailer's permit under IC 7.1-3-4;
                (ii) a liquor retailer's permit under IC 7.1-3-9; or
                (iii) a wine retailer's permit under IC 7.1-3-14;
            (B) that does not employ an individual who is less than eighteen (18) years of age;
            (C) that does not allow an individual who:
                (i) is less than twenty-one (21) years of age; and
                (ii) is not an employee of the bar or tavern;
            to enter any area of the bar or tavern where smoking is allowed; and
            (D) that is not located in a business that would otherwise be subject to this chapter, unless:
                (i) the bar or tavern is separated from the rest of the business otherwise subject to this chapter by a solid, continuous wall that is connected to the floor and ceiling of bar or tavern; and
                (ii) smoke from the bar or tavern does not migrate into any area where smoking is prohibited under this chapter.
        (7) A business:
            (A) that is exempt from federal income taxation under 26 U.S.C. 501(c);
            (B) that:
                (i) meets the requirements to be considered a club under IC 7.1-3-20-1; or
                (ii) is a fraternal club (as defined in IC 7.1-3-20-7); and
            (C) that provides food or alcoholic beverages only to its bona fide members and their guests;
        may choose to provide a separate, designated smoking area. A business that provides a separate, designated smoking area under this subdivision may not allow a person who is less than eighteen (18) years of age to enter the designated smoking area.
        (8) A health facility licensed under IC 16-28, including the Indiana Veterans Home, if the health facility chooses to provide a separate, designated smoking area. A health facility that provides a separate, designated smoking area under this subdivision may not allow a person who is less than eighteen years of age to enter the designated smoking area.
    (b) Notwithstanding section 5(a)(1) of this chapter, the official in charge of the establishment that allows smoking under this section shall post conspicuous signs that read "Smoking Is Allowed In This Establishment" or other similar language.
    (c) This section does not allow smoking in the following enclosed areas:
        (1) Any hallway, elevator, or other common area where an individual who is less than eighteen (18) years of age is permitted.
        (2) Any room that is intended for use by an individual who is less than eighteen (18) years of age.
    Sec. 4. (a) The commission shall enforce this chapter.
    (b) The department of health, local health department, and division of fire and building safety may enforce this chapter.
    (c) The commission, department of health, local health department, and division of fire and building safety 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. 5. (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 from the public place an individual who is smoking in violation of this chapter and fails to refrain from smoking after being requested to refrain from smoking.
    (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 restaurant.
    Sec. 6. 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. 7. An owner, a manager, or an 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. 8. A person, an owner, a manager, or an employer may not discharge, refuse to hire, or in any manner retaliate against an individual for reporting a violation of this chapter or exercising any right or satisfying any obligation 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; (11)HB1018.2.2. -->     SECTION 2. IC 12-7-2-178.8 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2011]: 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; (11)HB1018.2.3. -->     SECTION 3. IC 12-24-2-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: 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; (11)HB1018.2.4. -->     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, 2011]: 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; (11)HB1018.2.5. -->     SECTION 5. IC 16-41-37-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. A person who smokes:
        (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) engages in smoking (as defined in IC 7.1-5-12-2) 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.
; (11)HB1018.2.6. -->     SECTION 6. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: 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.