Statewide Smoking Ban (PDF – 19.1 KB – 2-21-2008)

HF 2212 bans smoking in public places and places of employment, except those that are exempted by the bill.

Exempted places include:

• Private residences, as long as they are not used as child care facilities and health care facilities;
• Designated smoking rooms in hotels and motels;
• Private and semi-private rooms in long term care facilities;
• tobacco stores;
• private clubs that do not have employees;
• Limousines under private hire;
• Veterans clubs; and
• Iowa Veterans Home

Among those areas that are covered by the ban are:

• Property owned by state and local government;
• Bus stops;
• Enclosed working spaces;
• Bars and Restaurants and any outdoor seating they may have;
• Outdoor Sporting venues;
• Public and private school grounds; and
• Private cars parked on school grounds.

The bill also extends the ban 10 feet outside the doors or windows to an area covered by the ban.

The ban also applies to farming operations where more than one person is employed or volunteering.

Enforcement of the ban
Establishments covered by the ban are required to post a no-smoking sign at their entrances, along with a phone number and website address for the Department of Public Health through which they can report violations.

The Department of Public Health is given the power to enforce the ban, through the local boards of health.

Anyone can bring a complaint about smoking to the Department. Local magistrates will hear these complaints. These will be civil complaints, not criminal.

Fines

• For a person smoking in a banned area, they begin with a $50 fine and escalate under Iowa Code section 805.8C (3) (a);
• For a person in charge of a public place or place of employment who fails to comply with the ban, it is $100 for the first violation, $200 for the second violation within a year, and $500 for each succeeding violation; and
• If an employer discharges an employee for filing a complaint, the fine is between $2000 and $10,000 per violation.

Violating the ban may also cause a person or business to lose any government issued license.