Wednesday, February 18, 2009


HB1213 passed out of the House of Representatives yesterday with a vote of 70-26. The bill now moves to the Senate where it will hopefully be strengthen back to its original comprehensive form.
Here is are the exemptions currently in HB1213:
  1. A private residence, except when used as a licensed child care, adult day care, or health care facility. (so you can smoke after the kiddies leave for the day)
  2. 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.
  3. The place of business of a self-employed individual in which all employees are related to the self-employed individual, but only if the enclosed areas of the place of business are not open to the public.
  4. A hotel or motel room: as long as not more than twenty percent of the rooms rented to guests in the hotel or motel are designated as smoking rooms.
  5. A retail tobacco store.
  6. A vehicle used by an employee while in the service of an employer if the vehicle is occupied only by that employee. (so your co-worker can smoke in there right before its your turn to take the truck)
  7. A tobacco bar.
  8. (Bar) A licensed premises (as defined in IC 7.1-1-3-20) that: (A) holds a beer, liquor, or wine retailer's permit; (B) permits no individual to enter at any time who is less than eighteen (18) years of age; (C) employs no individual less than eighteen (18) years of age; (D) is not located in a business that would otherwise be subject to this chapter; and (E) has provided notice to the local health department as part of its annual application for a retail food establishment license that: (i) it intends to permit smoking; (ii) it intends to serve only customers who are at least eighteen (18) years of age; and (iii) the establishment is otherwise entitled to an exemption under this section.
  9. (Private Club) A business that: (A) is exempt from federal income taxation under 26 U.S.C. 501(c); (B) is a club (as defined in IC 7.1-3-20-1) or a fraternal club (as defined in IC 7.1-3-20-7); (C) holds a beer, liquor, or wine retailer's permit; and (D) provides food or alcoholic beverages only to its bona fide members and their guests.
  10. (Casino) The premises of any of the following: (A) A horse racing facility that is operated under a permit issued under IC 4-31-5. (B) A riverboat (as defined by 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. (C) A facility that operates under a gambling game license
    under IC 4-35-5. (D) A satellite facility that is licensed under IC 4-31-5.5.
  11. (Nursing Home) If a health facility that is licensed by IC 16-28 chooses to provide a smoking area, a separately enclosed designated smoking area in the health facility.

So after all that what would be covered? All other businesses such as factories, law offices, accounting firms, restaurants, coffee shops and other enclosed public spaces (not that an enclosed space is defined.) The law would go into effect on July 1, 2009. This law is basically the Indianapolis law with the inclusion of casinos, and as you know we want to strengthen the Indianapolis law to cover all workers. Which is the same thing we would want to happen for the entire state.

So please contact your Senator and ask them to strengthen the current bill to be comprehensive, passing this law is not effective public health policy.

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