Smoking is O.K. Here, But Not Here

This is hardly light reading, I admit. But here's a look at the early amendments for the Smoke-Free Workplace fight.

AMENDMENT SUMMARY

H-8025 by Paulsen (R-Linn) – Strike Everything and Amends Current Law: The amendment strikes everything after the enacting clause and amends current law. Essentially, current law (Chapter 142B) prohibits smoking in a public place or public meeting place with more than 250 square feet, except in a designated smoking area.

In the case of restaurants, the prohibition only applies if the restaurant had a seating capacity greater than 50. The amendment changes current law by repealing the greater than 50 seating capacity criterion, so smoking would be prohibited in all restaurants except in a designates no smoking area

H-8033 by Upmeyer (R-Hancock) – Strike Everything and Creates Tax Credit: The amendment strikes everything after the enacting clause – leaving current law (Chapter 142B) in place, which essentially prohibits smoking in a public place or public meeting place with more than 250 square feet, except in a designated smoking area.

In the case of restaurants, the prohibition only applies if the restaurant had a seating capacity greater than 50. The amendment creates an annual $1,000 personal and corporate income tax credit for smoke free establishments. In order to receive the credit, the establishment must obtain a certificate from the Iowa Department of Public Health (DPH) verifying that the establishment is smoke free. DPH will adopt rules to establish a verification process. The taxpayer must then submit an applications to the Iowa Department of Revenue (IDR) accompanied by the DPH certificate. The IDR shall issue a certificate of entitlement for the smoke free tax credit containing the taxpayers name, address, tax ID number, credit amount and tax year for which the credit applies. This certificate must then be filed with the taxpayers income tax return to claim the credit. The credit is retroactive to January 1, 2008, for tax years beginning on or after that date.

H-8020 by Lukan (R-Dubuque) – Exempts Bingo Facilities. The bill exempts any property, including hotel and motel rooms, owned or operated by an entity licensed under chapter 99D (pari-mutuel wagering) or 99F (gambling boats and racetracks). The amendment adds an exemption for bingo facilities.

H-8026 by Boal (R-Polk) and May (R-Dickinson) – Strikes the Gaming Facilities Exemption. The bill exempts any property, including hotel and motel rooms, owned or operated by an entity licensed under chapter 99D (pari-mutuel wagering) or 99F (gambling boats and racetracks). The amendment strikes this exemption.

H-8018 by Lukan (R-Dubuque) – No Smoking In Vehicle If Person Under 18 Is Present: The bill prohibits smoking in motor vehicles owned, leased, or provided by an employer – except for vehicles provided by a private employer for the sole use of the driver and not used by more than one person as a driver or passenger during employment; in limousines under private hire; in privately owned vehicles not defined as a place of employment or public place; and in motor truck cabs or truck tractors if no nonsmoking employee is present. The amendment
prohibits smoking in any motor vehicle, if a person under the age of 18 is present.

H-8027 by Tyler Olson (D-Linn) –Distance Criteria/Veteran’s Post & Veterans Home Exemptions:

1. The bill requires designated smoking areas for outdoor sports arenas, stadiums, amphitheaters, other entertainment venues, and outdoor restaurants to be at least 20 feet from any seating areas or concession stands. The bill also prohibits smoking within 50 feet of any entrance, operable windows, or ventilation system of a place of employment or a public place. The amendment changes this to a uniform 10 ft.

2. The bill exempts incorporated and acting posts or chapters of veterans' organizations operating under a Congressional charter, except when being used for a function to which the general public is invited. The amendment clarifies the wording to say “except when the general public is invited”.
3. The amendment adds an exemption for the Iowa Veterans Home.

H-8022 by Jacobs (R-Polk) and Clute (R-Polk) – Strikes Distance Criteria. The bill requires designated smoking areas for outdoor sports arenas, stadiums, amphitheaters, other entertainment venues, and outdoor restaurants to be at least 20 feet from any seating areas or concession stands. The bill also prohibits smoking within 50 feet of any entrance, operable windows, or ventilation system of a place of employment or a public place. The
amendment strikes both the 20 foot and 50 foot distance requirements.

H-8023 by Raecker (R-Polk) – Areas Where Smoking Not Regulated. The bill specifically lists the following as places where smoking is note regulated:

1. Private residences, unless used as a child care facility, child care home, or a health care provider location.

2. Hotel/motel designated smoking rooms, up to a maximum 22% of all rooms and smoke cannot infiltrate into nonsmoking areas. All smoking rooms on the same floor must be contiguous The status of smoking and nonsmoking rooms shall not be changed, except to increase the number of nonsmoking rooms.

3. Retail tobacco stores if smoke does not infiltrate into nonsmoking areas. This is a store primarily selling tobacco products and accessories where the sale of other products is incidental to the sale of tobacco products.

4. Private and semiprivate room in long-tern-care facilities occupied by smokers that requested in writing to have a smoking room, if smoke does not infiltrate into nonsmoking areas. "Long-term care facility" is defined as a health care facility defined in section 135C.1, an elder group home as defined in section 231B.1, or an assisted living program as defined in section 231C.2.

5. Private clubs that have no employees, except when used for a function to which the general public is invited, provided that smoke does not infiltrate into areas in which smoking is otherwise prohibited. But this exemption does not apply to any entity established for the purpose of avoiding compliance.

6. Outdoor areas that are places of employment except those areas where smoking is prohibited.

7. Certain vehicles: Vehicles owned, leased, or provided by a private employer for the sole use of the driver and not used by more than one person as a driver or passenger during employment; limousines under private hire; privately owned vehicles not otherwise defined as a place of employment or public place; and motor truck cabs or truck tractors if no nonsmoking employee is present.

8. Smoking Cessation - Therapy - Research Programs: An enclosed area in a place of employment or public place providing a smoking cessation program or a medical or scientific research or therapy program, if smoking is an integral part of the program.

9. Casinos – Tracks: Any property, including hotel and motel rooms, owned or operated by an entity licensed under chapter 99D (pari-mutuel wagering) or 99F (gambling boats and racetracks).

10. Veterans Organizations: Incorporated and acting posts or chapters of veterans' organizations operating under a Congressional charter, except when used for a function to which the general public is invited. This does not apply to any entity established for the purpose of avoiding compliance with this chapter. Among other entities, this includes the American Legion, American Veterans (AMVETS), Veterans of Foreign Wars (VFW), and Vietnam Veterans of America.
The amendment strikes all of these exemptions areas except #1 regarding private residences.

H-8036by Struyk (R-Pottawattamie) – Areas Where Smoking Not Regulated. The bill specifically lists the following as places where smoking is note regulated (see list in previous amendment description H-8023): The amendment strikes all these exemptions and adds:

1. A private residence, unless used as a child care facility, a child care home, or a health care provider location.

2. A public place, place of employment, or other area in which smoking is otherwise prohibited, if it utilizes equipment consistent with the standards established by the American Society of Heating, Refrigerating and Air-conditioning Engineers, a combination high-efficiency particulate air filtration, charcoal activated carbon and ultraviolet light filtration system, or other filtration system, any of which exchanges the air at least 10 times per hour.

H-8017 by Struyk (R-Pottawattamie), et al – Areas Where Smoking Not Regulated: The amendment does the same thing as the previous amendment H-8023, except that in addition to leaving the private residence exemption intact, it adds an exemption for any place of employment, public place, or outdoor area, if only people over the age of 21 are invited and allowed to enter.

H-8016 by Horbach (R-Tama), et al – Exempts Farmers and Farm Businesses: The amendment adds an exemption for any form of business organized under state law, common law, or another jurisdiction, whether on a for profit, nonprofit, or cooperative basis, including any real property, structures, or equipment owned or operated by the business, if the business is engaged in any activity related to maintaining an agricultural animal at an animal facility or a crop on crop operation property.

H-8038 to H-8016 by Horbach (R-Tama) – Redefines Farmers and Farm Businesses: The amendment strikes the amendment and replaces it with an exemption for agricultural property used by a person actively engaged in farming, if that person is:

1. A person who files schedule F with their federal tax form 1040 or form 1041, or an employee of such person while the employee is actively engaged in farming.

2. A person holding an equity position in or is employed by a business association holding agricultural land that is a family farm corporation, authorized farm corporation, family farm limited partnership, limited partnership, family farm limited liability company, authorized limited liability company, family trust, or authorized trust, as provided in chapter 9H, -- or a limited liability partnership as defined in section 486A.101, which has filed a statement of qualification with the Secretary of State and has not filed a similar statement in any other jurisdiction.

3. A natural person related to the person actively engaged in farming or when the person is actively engaged in farming. They relation must be as a spouse, parent, grandparent, lineal ascendant of a grandparent or a grandparent's spouse, other lineal descendant of a grandparent or a grandparent's spouse, or a person acting in a fiduciary capacity for persons so related.

4. “Actively engaged in farming" means participating in physical labor on a regular, continuous, and substantial basis, or making day-to-day management decisions, where such participation or decision making is directly related to raising and harvesting crops for feed, food, seed, or fiber, or to the care and feeding of livestock.

5. "Agricultural property" means land of more than ten contiguous acres owned, leased, or held by a person, any residence or other structure located on that land, and any equipment used on that land.

H-8019 by Lukan (R-Dubuque) – Exempts Business Owners Private Office: The amendment adds an exemption for the private office of the owner of a business.

H-8024 by Struyk (R-Pottawattamie), Dolecheck (R-Ringgold), and Quirk (D-Chickasaw) – Exempts Restaurants and Bars Under Certain Conditions: The amendment adds an exemption for restaurants or bars at a specified time when only those 18 or older are invited or admitted, if the it is a regular, single, consecutive period of time and the specified time is conspicuously posted on all major entrances of the restaurant or bar.

H-8035 by Struyk (R-Dubuque) – No-Severability Clause: States that if any provision of this chapter or the application of this chapter to any person or circumstances is held invalid, the invalidity shall invalidate this chapter in its entirety and to this end, the provisions of this chapter are not severable.

H-8021 by Lukan (R-Dubuque) – Increases Commercial Property Tax Rollback: Under current law, the statewide average growth of each class of property is limited to 4% per year. If average statewide valuation growth exceeds 4%, then it is "rolled back" to 4% - whence the term “rollback”. The statewide average growth of residential property often exceeds 4%, which is part of the reason it has a large rollback – plus its tie to the growth rate of ag property which had been low for many years. The residential rollback is currently 44.08%. The statewide average growth of commercial property typically grows less than 4% annually, which is why it has
a small or no rollback most years. The current rollback for commercial property is 99.73%%.
Amendment H-8021 requires the Iowa Department of Revenue – after calculating the regular rollback – to increase the commercial property rollback - only for property subject to the smoking ban - by an additional one percent annually, beginning with the 2008 assessment year. The 2008 assessment year began the past January 1, 2008. These valuations will be used by local governments in March of 2009, to certify their Fiscal Year 10 budgets