Search Form
Now choose a category »

Key Votes

HB 1131 - Statewide Indoor Smoking Ban - Key Vote

Indiana Key Votes

Stages

Family

Issues

Stage Details

Legislation - Referred to Committee (Senate) -
Legislation - Bill Passed (House) (73-26) - (Key vote)

Title: Statewide Indoor Smoking Ban

Vote Smart's Synopsis:

Vote to pass a bill that prohibits smoking in a public place, enclosed areas of a place of employment, and vehicles owned, leased, or operated by the state if the vehicle is being used for a governmental function

Highlights:
-Requires an employer to inform each of their employees of the smoking prohibition in the place of employment (Sec. 3). -Requires an owner, an operator, a manager, or other individual with authority to remove ashtrays or other smoking paraphernalia from areas where smoking is prohibited (Sec. 3). -Exempts the following from the smoking ban (Sec. 4):
    -A permitted horse racing facility (§ 4-31-5); -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; -A facility that operates under a gambling game license (§ 4-31-5.5); -A bar or tavern that:
      -Holds a beer, liquor, or wine retailer's permit; -Denies entry to anyone less than 21 years old; -Employs no one under 21 years old; and -Is not located in a business where smoking would otherwise be prohibited.
    -A retail food establishment, club, or fraternal club that:
      -Holds a beer, liquor, or wine retailer's permit; -Denies entry to anyone less than 18 years old; -Employs no one under 18 years old; and -Is not located in a business where smoking would otherwise be prohibited.
    -A tobacco business that denies entry to anyone less than 18 years old (§ 35-46-1-1); -A business that:
      -Is exempt from federal income taxation under 26 U.S.C. 501(c); -Meets the requirements to be considered a club under IC 7.1-3-20-1 or is a fraternal club (as defined in IC 7.1-3-20-7); and -Provides food or alcoholic beverages only to its members and their guest; or -A family owned and operated business in which all employees are related to the owner, but only if the enclosed areas of the business are not open to the public.
-Requires the official in charge of a facility that allows smoking to post a conspicuous sign at each public entrance of the facility stating that the facility is a smoking facility (Sec. 4). -Requires the Alcohol and Tobacco Commission to enforce the prohibition and to inspect premises that are subject to the prohibition to ensure that the person responsible for the premises is in compliance with the law (Sec. 5). - Requires the official in charge of a public place to do the following (Sec. 6):
    -Post conspicuous signs that read "Smoking Is Prohibited By State Law" or other similar language; -Request an individual who is smoking in violation of the law to refrain from smoking; and -Remove an individual who is smoking in violation of the law and fails to refrain from smoking after being requested to do so.
-Requires the proprietor of a restaurant to post conspicuous signs at each entrance to the restaurant, informing the public that smoking is prohibited in the establishment (Sec. 6). -Specifies that a person who smokes in an area where smoking is prohibited by these laws commits a Class B infraction, defined as "prohibited smoking." However, the violation is a Class A infraction if the person has at least 3 prior unrelated judgments for a violation of these laws (Sec. 7). -Specifies that an owner, manager, or operator of a public place or place of employment that fails to comply with these laws commits a Class B infraction. However, the violation is a Class A infraction if the person has at least 3 prior unrelated judgments for a violation of these laws (Sec. 8). -Specifies that these laws do not prohibit a county, city, town, or other governmental unit from adopting a more restrictive ordinance (Sec. 9).
Legislation - Introduced (House) -

Title: Statewide Indoor Smoking Ban

Sponsors

Co-sponsors

Skip to top
Back to top