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Key Votes

HB 1149 - Prohibits Smoking in Public Places - Key Vote

Indiana Key Votes

Mike Delph voted Nay (Conference Report Vote) on this Legislation.

Read statements Mike Delph made in this general time period.

Stages

Family

Issues

Stage Details

Legislation - Signed (Executive) -

Title: Prohibits Smoking in Public Places

Legislation - Conference Report Adopted (Senate) (28-22) - (Key vote)

Title: Prohibits Smoking in Public Places

Vote Smart's Synopsis:

Vote to adopt a conference report that prohibits smoking in public places, with certain exceptions.

Highlights:
  • Prohibits smoking in (Sec. 2):
    • Public places;
    • Places of employment;
    • Vehicles owned, leased, or operated by the state, when the vehicle is being used for a government function; and
    • The area within 8 feet of a public entrance to a public place or place of employment.
  • Defines a “public place” as the enclosed area of a structure into which the public is invited or allowed (Sec. 2).
  • Requires employers to notify employees of the smoking prohibition (Sec. 2).
  • Requires the owner or manager of a public place or place of employment to (Sec. 2):
    • Remove all ashtrays and other smoking paraphernalia where smoking is prohibited; and
    • Display signs at public entrances that read “State Law Prohibits Smoking within 8 Feet of this Entrance,” or “similar language”.
  • Authorizes smoking in the following types of establishments (Sec. 2):
    • Horse racing facilities;
    • Riverboats; and
    • Gambling facilities.
  • Authorizes smoking in businesses that (Sec. 2):
    • Were in existence and permitted smoking on December 31, 2012;
    • Prohibit entry of individuals less than 21 years of age;
    • Have a permit to sell beer, wine, or liquor;
    • Limit smoking to cigars or hookahs;
    • Are exempt from federal income taxes;
    • Have earned at least 10 percent of their annual gross income from cigar or loose tobacco sales in the previous calendar year; and
    • Post conspicuous signs displaying the message that cigarette smoking is prohibited;
  • Authorizes smoking on the premises of certain organizations which fulfill the following (Sec. 2):
    • Is a club or fraternal organization; 
    • Provides food or alcoholic beverages only to its “bona fide” members and guests;
    • Has members who have voted within the past 2 years to remain a smoking establishment; and
    • Provides a separate, enclosed, designated smoking room or area that is adequately ventilated.
  • Authorizes smoking in retail tobacco stores that meet the following requirements (Sec. 2):
    • Prohibits entry of individuals less than 18 years of age; 
    • The sale of tobacco products accounts for at least 85 percent of the store's annual gross income; 
    • The owner-operator held a valid tobacco sales certificate on June 30, 2012;
    • The sale of products other than tobacco and tobacco accessories is “merely incidental;” and
    • No food or beverage is sold for consumption on the premises.
  • Authorizes smoking in bars or taverns that adhere to the following (Sec. 2):
    • Have a permit to sell beer, wine, or liquor;
    • Do not employ any individual who is less than 18 years of age;
    • Do not permit individuals under the age of 21 to enter any area of the bar or tavern; and
    • Are not located in a business that would ordinarily be subject to the provisions of this bill.
  • Prohibits smoking in elevators, hallways, or other common areas where individuals less than 18 years of age are permitted (Sec. 2).
Legislation - Conference Report Adopted (House) (60-33) - (Key vote)

Title: Prohibits Smoking in Public Places

Vote Smart's Synopsis:

Vote to adopt a conference report that prohibits smoking in public places, with certain exceptions.

Highlights:
  • Prohibits smoking in (Sec. 2):
    • Public places;
    • Places of employment;
    • Vehicles owned, leased, or operated by the state, when the vehicle is being used for a government function; and
    • The area within 8 feet of a public entrance to a public place or place of employment.
  • Defines a “public place” as the enclosed area of a structure into which the public is invited or allowed (Sec. 2).
  • Requires employers to notify employees of the smoking prohibition (Sec. 2).
  • Requires the owner or manager of a public place or place of employment to (Sec. 2):
    • Remove all ashtrays and other smoking paraphernalia where smoking is prohibited; and
    • Display signs at public entrances that read “State Law Prohibits Smoking within 8 Feet of this Entrance,” or “similar language”.
  • Authorizes smoking in the following types of establishments (Sec. 2):
    • Horse racing facilities;
    • Riverboats; and
    • Gambling facilities.
  • Authorizes smoking in businesses that (Sec. 2):
    • Were in existence and permitted smoking on December 31, 2012;
    • Prohibit entry of individuals less than 21 years of age;
    • Have a permit to sell beer, wine, or liquor;
    • Limit smoking to cigars or hookahs;
    • Are exempt from federal income taxes;
    • Have earned at least 10 percent of their annual gross income from cigar or loose tobacco sales in the previous calendar year; and
    • Post conspicuous signs displaying the message that cigarette smoking is prohibited;
  • Authorizes smoking on the premises of certain organizations which fulfill the following (Sec. 2):
    • Is a club or fraternal organization; 
    • Provides food or alcoholic beverages only to its “bona fide” members and guests;
    • Has members who have voted within the past 2 years to remain a smoking establishment; and
    • Provides a separate, enclosed, designated smoking room or area that is adequately ventilated.
  • Authorizes smoking in retail tobacco stores that meet the following requirements (Sec. 2):
    • Prohibits entry of individuals less than 18 years of age; 
    • The sale of tobacco products accounts for at least 85 percent of the store's annual gross income; 
    • The owner-operator held a valid tobacco sales certificate on June 30, 2012;
    • The sale of products other than tobacco and tobacco accessories is “merely incidental;” and
    • No food or beverage is sold for consumption on the premises.
  • Authorizes smoking in bars or taverns that adhere to the following (Sec. 2):
    • Have a permit to sell beer, wine, or liquor;
    • Do not employ any individual who is less than 18 years of age;
    • Do not permit individuals under the age of 21 to enter any area of the bar or tavern; and
    • Are not located in a business that would ordinarily be subject to the provisions of this bill.
  • Prohibits smoking in elevators, hallways, or other common areas where individuals less than 18 years of age are permitted (Sec. 2).
Legislation - Nonconcurrence Vote Passed (House) -
Legislation - Bill Passed With Amendment (Senate) (29-21) - (Key vote)

Title: Prohibits Smoking in Public Places

Vote Smart's Synopsis:

Vote to pass a bill that prohibits smoking in or near public places, with certain exceptions.

Highlights:
  • Prohibits smoking in the following places (Sec. 4):
    • A public place;
    • A place of employment;
    • A vehicle owned, leased, or operated by the state; and
    • The area within 8 feet of the public entrance to a public place or place of employment.
  • Defines a “public place” as the enclosed area of a structure into which the public is invited or allowed (Sec. 2).
  • Defines “smoking” as either of the following (Sec. 3):
    • The carrying or holding of a lighted cigarette, cigar, or pipe or any other lighted tobacco smoking equipment; or
    • Inhalation or exhalation of smoke from lighted tobacco smoking equipment.
  • Requires employers to notify employees of the smoking prohibition (Sec. 4).
  • Requires the owner or manager of a public place to remove all ashtrays and other smoking paraphernalia from the premises (Sec. 4).
  • Requires the owner or manager of a public place to display signs at public entrances that read “State Law Prohibits Smoking Within 8 Feet of this Entrance,” effective April 1, 2012 (Secs. 4 & 13).
  • Authorizes smoking in the following types of establishments (Sec. 5):
    • Horse racing facilities;
    • Riverboats; and
    • Gambling facilities.
  • Authorizes smoking in businesses that meet the following requirements (Sec. 5):
    • The business was in existence and permitted smoking on July 1, 2013;
    • The business prohibits entry by individuals less than 21 years of age;
    • The business has a permit to sell beer, wine, or liquor;
    • The business limits smoking to cigars or hookahs;
    • The business has posted a conspicuous sign that explains that cigarette smoking is prohibited; and
    • During the preceding calender year, at least 10 percent of the business's annual gross income was from the sale of cigars or the sale of loose tobacco for use in a waterpipe or hookah.
  • Authorizes smoking in businesses that meet the following requirements (Sec. 5):
    • The business is exempt from federal income taxes;
    • The business is a club or fraternal organization or provides food or alcoholic beverages only to its members and their guests;
    • The business’ members have voted within the past 2 years to remain a smoking business.
  • Authorizes smoking in retail tobacco stores that meet certain requirements including, but not limited to, the following (Sec. 5):
    • The store prohibits entry by individuals less than 18 years of age; and
    • The sale of tobacco products accounts for at least 85 percent of the store's annual gross income.
  • Authorizes smoking until September 15, 2013 in bars or taverns that meet certain requirements including, but not limited to, the following (Sec. 5):
    • The establishment was in business and permitted smoking on February 3, 2012;
    • The establishment has a permit to sell beer, wine, or liquor;
    • The establishment does not employ any individual who is less than 18 years of age;
    • The establishment does not permit individuals under the age of 21 to enter any area of the bar or tavern; and
    • The establishment is not located in a business that would ordinarily be subject to the provisions of this bill.   
  • Prohibits smoking in elevators, hallways, or other common areas where individuals less than 18 years of age are permitted in all businesses, regardless of whether or not they are exempt from the smoking ban (Sec. 5).
Legislation - Bill Passed (House) (62-34) - (Key vote)

Title: Prohibits Smoking in Public Places

Vote Smart's Synopsis:

Vote to pass a bill that prohibits smoking in or near public places, with certain exceptions.

Highlights:
  • Prohibits smoking in the following places (Sec. 4):
    • A public place;
    • A place of employment;
    • A vehicle owned, leased, or operated by the state; and
    • The area within 12 feet of the public entrance to a public place or place of employment.
  • Defines “public place” as the enclosed area of a structure into which the public is invited or allowed (Sec. 2).
  • Defines “smoking” as either of the following (Sec. 3):
    • The carrying or holding of a lighted cigarette, cigar, or pipe or any other lighted tobacco smoking equipment; or
    • Inhalation or exhalation of smoke from lighted tobacco smoking equipment.
  • Requires employers to notify employees of the smoking prohibition (Sec. 4).
  • Requires the owner or manager of a public place to remove all ashtrays and other smoking paraphernalia from the premises (Sec. 4).
  • Requires the owner or manager of a public place to display signs at public entrances that read “State Law Prohibits Smoking Within 12 Feet of this Entrance,” effective April 1, 2012 (Secs. 4 & 13).
  • Authorizes smoking in the following types of establishments until September 15, 2013, except in elevators, hallways, or other common areas where individuals under the age of 18 are permitted (Sec. 5):
    • Horse racing facilities;
    • Riverboats; and
    • Gambling facilities.
  • Authorizes smoking until September 15, 2013 in businesses that meet certain requirements including, but not limited to, the following (Sec. 5):
    • The business was in existence and permitted smoking on February 3, 2012;
    • The business prohibits entry by individuals less than 21 years of age;
    • The business has a permit to sell beer, wine, or liquor; and
    • The business limits smoking to cigars or hookahs.
  • Authorizes smoking until September 15, 2013 in businesses that meet certain requirements including, but not limited to, the following (Sec. 5):
    • The business was in existence and permitted smoking on February 3, 2012;
    • The business is exempt from federal income taxes;
    • The business is a club or fraternal organization;
    • The business provides food or alcoholic beverages only to its members and their guests; and
    • The business’ members have voted within the past 2 years to remain a smoking business.
  • Authorizes smoking until September 15, 2013 in retail tobacco stores that meet certain requirements including, but not limited to, the following (Sec. 5):
    • The store prohibits entry by individuals less than 18 years of age; and
    • The sale of tobacco products accounts for at least 85 percent of the store's annual gross income.
  • Authorizes smoking until September 15, 2013 in bars or taverns that meet certain requirements including, but not limited to, the following (Sec. 5):
    • The establishment was in business and permitted smoking on February 3, 2012;
    • The establishment has a permit to sell beer, wine, or liquor;
    • The establishment does not employ any individual who is less than 18 years of age;
    • The establishment does not permit individuals under the age of 21 to enter any area of the bar or tavern; and
    • The establishment is not located in a business that would ordinarily be subject to the provisions of this bill.
  • Prohibits smoking in the elevators, hallways, or other common areas where individuals less than 18 years of age are permitted in all businesses, regardless of whether or not they are exempt from the smoking ban (Sec. 5).
Legislation - Introduced (House) -

Title: Prohibits Smoking in Public Places

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