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. 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. Allows smoking in: (1)
certain gaming facilities; (2) cigar and hookah bars; and (3) fraternal,
social, and veterans clubs; if certain requirements are met. 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 been adjudged to have committed three
prior unrelated infractions 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. Removes
the authority of a superintendent of a state institution to regulate
smoking. Moves the prohibition against smoking on a school bus
during the school week to Title 7.1. Repeals the current clean indoor air
law. Makes a technical correction.
Effective: Upon passage.
January 9, 2012, read first time and referred to Committee on Public Health.
A BILL FOR AN ACT to amend the Indiana Code concerning
alcohol and tobacco.
was from the sale of either:
(i) cigars and the rental of onsite humidors; or
(ii) sale of loose tobacco for use in a waterpipe or hookah device.
(F) The person in charge of the establishment posts in the establishment conspicuous signs that display the message that cigarette smoking is prohibited.
(6) A business that meets the following requirements:
(A) The business was in existence and permitted smoking on February 3, 2012.
(B) The business is exempt from federal income taxation under 26 U.S.C. 501(c).
(C) The business:
(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).
(D) The business provides food or alcoholic beverages only to its bona fide members and their guests.
(E) That during a meeting of the business's members, voted within the previous two (2) years to remain a smoking business.
(b) The owner, operator, manager, or official in charge of an establishment in which smoking is allowed under this section shall post conspicuous signs in the establishment that read "WARNING: Smoking Is Allowed In This Establishment" or other similar language.
(c) This section does not allow smoking in the following enclosed areas of an establishment described in subsection (a):
(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. 5. (a) The commission shall enforce this chapter.
(b) This chapter may also be enforced by:
(1) the state department of health established by IC 16-19-1-1;
(2) a local health department, as defined in IC 16-18-2-211; and
(3) the division of fire and building safety established within the department of homeland security by IC 10-19-7-1;
in cooperation with the commission.
(c) The commission, the state department of health, a local
health department, or the 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
Sec. 6. (a) This section does not apply to an establishment in which smoking is allowed under section 4 of this chapter.
(b) The owner, operator, manager, or 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) Ask 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 asked to refrain from smoking.
(c) The owner or operator of a restaurant shall post a conspicuous sign at each entrance to the restaurant informing the public that smoking is prohibited in the restaurant.
Sec. 7. (a) A person who smokes in an area where smoking is prohibited by this chapter commits prohibited smoking, a Class B infraction, except as provided in subsection (b).
(b) A person who smokes in an area where smoking is prohibited by this chapter commits prohibited smoking, a Class A infraction if the person has been adjudged to have committed at least three (3) prior unrelated infractions under:
(1) this section; or
(2) IC 16-41-37-4 (before its repeal).
Sec. 8. (a) An owner, manager, operator, or official in charge of a public place or place of employment who fails to comply with a requirement imposed by this chapter commits a Class B infraction, except as provided in subsection (b).
(b) A failure to comply described in subsection (a) is a Class A infraction if the owner, manager, operator, or official has been adjudged to have committed at least three (3) prior unrelated infractions under this chapter.
Sec. 9. A person, owner, manager, or employer shall not discharge, refuse to hire, or in any manner retaliate against an individual for:
(1) reporting a violation of this chapter; or
(2) exercising any right or satisfying any obligation under this chapter.
Sec. 10. (a) As used in this section, "school bus" means a motor
vehicle that is:
(1) designed and constructed for the accommodation of at least ten (10) passengers;
(2) owned or operated by a public or governmental agency, or privately owned and operated for compensation; and
(3) used for the transportation of school children to and from the following:
(B) School athletic games or contests.
(C) Other school functions.
(b) As used in this section, "school week" means a normal week that:
(1) begins on Monday and ends on Friday; and
(2) includes at least three (3) days during which, on each day, more than four (4) hours of classroom instruction are provided.
(c) A person who smokes in a school bus during a school week or while the school bus is being used for the transportation of school children to and from:
(1) a school;
(2) a school athletic game or contest; or
(3) another school function;
commits a Class B infraction, except as provided in subsection (d).
(d) A person who smokes in a school bus as described in subsection (c) commits a Class A infraction if the person, within the twelve (12) months immediately preceding the person's act of smoking in a school bus, committed at least three (3) prior unrelated acts of smoking in a school bus for which the person was adjudged to have committed infractions under this section.
Sec. 11. This chapter does not prohibit a county, city, town, or other governmental unit from adopting an ordinance more restrictive than this chapter.
Sec. 12. (a) Notwithstanding sections 4(b), 6(b)(1), and 6(c) of this chapter, the owner, operator, manager, or official in charge of an establishment, public place, or place of employment is not required to post any sign required under this chapter until April 1, 2012.
(b) This section expires April 2, 2012.
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) 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.