Bill Text: IA SF499 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to tobacco, tobacco products, alternative nicotine products, vapor products, and cigarettes, including establishing a minimum age for activities relative to these products, and making penalties applicable.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-06 - Subcommittee: Schultz, Kinney, and Sweeney. S.J. 486. [SF499 Detail]

Download: Iowa-2019-SF499-Introduced.html
Senate File 499 - Introduced SENATE FILE 499 BY CELSI A BILL FOR An Act relating to tobacco, tobacco products, alternative 1 nicotine products, vapor products, and cigarettes, including 2 establishing a minimum age for activities relative to these 3 products, and making penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2664XS (8) 88 pf/jh
S.F. 499 Section 1. Section 321.216C, Code 2019, is amended to read 1 as follows: 2 321.216C Use of driver’s license or nonoperator’s 3 identification card by underage person to obtain tobacco, tobacco 4 products, alternative nicotine products, vapor products, or 5 cigarettes. 6 A person who is under the age of eighteen twenty-one , 7 who alters or displays or has in the person’s possession 8 a fictitious or fraudulently altered driver’s license or 9 nonoperator’s identification card and who uses the license 10 or card to violate or attempt to violate section 453A.2, 11 subsection 2 , commits a simple misdemeanor punishable as a 12 scheduled violation under section 805.8A, subsection 4 . The 13 court shall forward a copy of the conviction to the department. 14 Sec. 2. Section 453A.1, subsections 5 and 6, Code 2019, are 15 amended by striking the subsections. 16 Sec. 3. Section 453A.1, Code 2019, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 29A. “Vending machine” means any 19 self-service device offered for public use which, upon payment 20 or insertion of loose tobacco product, dispenses, or assembles 21 and dispenses, cigarettes or tobacco products, or which 22 upon insertion of money, a token, or an object dispenses, 23 or assembles and dispenses, cigarettes, tobacco products, 24 alternative nicotine products, or vapor products. 25 Sec. 4. Section 453A.2, subsections 1, 2, and 3, Code 2019, 26 are amended to read as follows: 27 1. A person shall not sell, give, or otherwise supply any 28 tobacco, tobacco products, alternative nicotine products, vapor 29 products, or cigarettes to any person under eighteen twenty-one 30 years of age. 31 2. A person under eighteen twenty-one years of age shall 32 not smoke, use, possess, purchase, or attempt to purchase any 33 tobacco, tobacco products, alternative nicotine products, vapor 34 products, or cigarettes. 35 -1- LSB 2664XS (8) 88 pf/jh 1/ 9
S.F. 499 3. Possession of tobacco, tobacco products, alternative 1 nicotine products, vapor products, or cigarettes by an 2 individual under eighteen twenty-one years of age does not 3 constitute a violation under this section if the individual 4 under eighteen twenty-one years of age possesses the tobacco, 5 tobacco products, alternative nicotine products, vapor 6 products, or cigarettes as part of the individual’s employment 7 and the individual is employed by a person who holds a valid 8 permit under this chapter or who lawfully offers for sale or 9 sells cigarettes or tobacco products. 10 Sec. 5. Section 453A.2, subsection 8, paragraph a, 11 subparagraph (2), Code 2019, is amended to read as follows: 12 (2) The compliance effort is conducted with the advance 13 knowledge of law enforcement officers and reasonable measures 14 are adopted by those conducting the effort to ensure that use 15 of tobacco, tobacco products, alternative nicotine products, 16 vapor products, or cigarettes by individuals under eighteen 17 twenty-one years of age does not result from participation by 18 any individual under eighteen twenty-one years of age in the 19 compliance effort. 20 Sec. 6. Section 453A.5, subsection 1, Code 2019, is amended 21 to read as follows: 22 1. The alcoholic beverages division of the department of 23 commerce shall develop a tobacco compliance employee training 24 program not to exceed two hours in length for employees and 25 prospective employees of retailers, as defined in sections 26 453A.1 and 453A.42 , to inform the employees about state and 27 federal laws and regulations regarding the sale of tobacco, 28 tobacco products, alternative nicotine products, vapor 29 products, and cigarettes to persons under eighteen twenty-one 30 years of age and compliance with and the importance of laws 31 regarding the sale of tobacco, tobacco products, alternative 32 nicotine products, vapor products, and cigarettes to persons 33 under eighteen twenty-one years of age. 34 Sec. 7. Section 453A.6, subsection 8, Code 2019, is amended 35 -2- LSB 2664XS (8) 88 pf/jh 2/ 9
S.F. 499 by striking the subsection. 1 Sec. 8. Section 453A.13, subsection 1, Code 2019, is amended 2 to read as follows: 3 1. Permits required. Every distributor, wholesaler, 4 cigarette vendor, and retailer, now engaged or who desires to 5 become engaged in the sale or use of cigarettes, upon which a 6 tax is required to be paid, and every retailer now engaged or 7 who desires to become engaged in selling, offering for sale, or 8 distributing alternative nicotine products or vapor products, 9 including through delivery sales, shall obtain a state or 10 retail permit as a distributor, wholesaler, cigarette vendor, 11 or retailer, as the case may be. 12 Sec. 9. Section 453A.13, subsection 2, paragraphs a and b, 13 Code 2019, are amended to read as follows: 14 a. The department shall issue state permits to distributors , 15 and wholesalers, and cigarette vendors, and to retailers 16 that make delivery sales of alternative nicotine products 17 and vapor products, subject to the conditions provided in 18 this subchapter . If an out-of-state retailer makes delivery 19 sales of alternative nicotine products or vapor products, an 20 application shall be filed with the department and a permit 21 shall be issued for the out-of-state retailer’s principal place 22 of business. Cities may issue retail permits to retailers 23 with a place of business located within their respective 24 limits. County boards of supervisors may issue retail permits 25 to retailers with a place of business in their respective 26 counties, outside of the corporate limits of cities. 27 b. The department may deny the issuance of a permit 28 to a distributor, wholesaler, vendor or retailer who is 29 substantially delinquent in the payment of a tax due, or the 30 interest or penalty on the tax, administered by the department 31 at the time of application. If the applicant is a partnership, 32 a permit may be denied if a partner is substantially delinquent 33 on any delinquent tax, penalty or interest. If the applicant 34 is a corporation, a permit may be denied if any officer having 35 -3- LSB 2664XS (8) 88 pf/jh 3/ 9
S.F. 499 a substantial legal or equitable interest in the ownership of 1 the corporation owes any delinquent tax, interest or penalty 2 of the applicant corporation. 3 Sec. 10. Section 453A.13, subsection 3, paragraph a, Code 4 2019, is amended to read as follows: 5 a. All permits provided for in this subchapter shall expire 6 on June 30 of each year. A permit shall not be granted or 7 issued until the applicant has paid for the period ending June 8 30 next, to the department or the city or county granting the 9 permit, the fees provided for in this subchapter . The annual 10 state permit fee for a distributor , cigarette vendor, and 11 wholesaler is one hundred dollars when the permit is granted 12 during the months of July, August, or September. However, 13 whenever a state permit holder operates more than one place of 14 business, a duplicate state permit shall be issued for each 15 additional place of business on payment of five dollars for 16 each duplicate state permit, but refunds as provided in this 17 subchapter do not apply to any duplicate permit issued. 18 Sec. 11. Section 453A.13, subsection 6, Code 2019, is 19 amended to read as follows: 20 6. No sales without permit. A distributor, wholesaler, 21 cigarette vendor, or retailer shall not sell any cigarettes, 22 alternative nicotine products, or vapor products until such 23 application has been filed and the fee prescribed paid for a 24 permit and until such permit is obtained and only while such 25 permit is unrevoked and unexpired. 26 Sec. 12. Section 453A.36, subsection 6, Code 2019, is 27 amended to read as follows: 28 6. Any sales The sale of tobacco, tobacco products, 29 alternative nicotine products, vapor products, or cigarettes 30 shall not be made through a cigarette vending machine are 31 subject to rules and penalties relative to retail sales of 32 tobacco, tobacco products, alternative nicotine products, 33 vapor products, and cigarettes provided for in this chapter or 34 through a self-service display . Cigarettes shall not be sold 35 -4- LSB 2664XS (8) 88 pf/jh 4/ 9
S.F. 499 through any cigarette vending machine unless the cigarettes 1 have been properly stamped or metered as provided by this 2 subchapter , and in case of violation of this provision, the 3 permit of the dealer authorizing retail sales of cigarettes 4 shall be revoked. Payment of the permit fee as provided 5 in section 453A.13 authorizes a cigarette vendor to sell 6 tobacco, tobacco products, alternative nicotine products, vapor 7 products, and cigarettes through vending machines. However, 8 tobacco, tobacco products, alternative nicotine products, vapor 9 products, and cigarettes shall not be sold through a vending 10 machine unless the vending machine is located in a place where 11 the retailer ensures that no person younger than eighteen 12 years of age is present or permitted to enter at any time. 13 Tobacco, tobacco products, alternative nicotine products, 14 vapor products, and cigarettes shall not be sold through 15 any cigarette vending machine if such products are placed 16 together with any nontobacco product, other than matches, in 17 the cigarette vending machine. This section does not require 18 a retail permit holder to buy a cigarette vendor’s permit if 19 the retail permit holder is in fact the owner of the cigarette 20 vending machines and the machines are operated in the location 21 described in the retail permit. 22 Sec. 13. Section 453A.36A, subsection 1, Code 2019, is 23 amended to read as follows: 24 1. Except as provided in section 453A.36, subsection 6 , a 25 A retailer shall not sell or offer for sale tobacco, tobacco 26 products, alternative nicotine products, vapor products, or 27 cigarettes through the use of a self-service display. 28 Sec. 14. Section 453A.39, subsection 2, paragraphs b and c, 29 Code 2019, are amended to read as follows: 30 b. A manufacturer, distributor, wholesaler, retailer, or 31 distributing agent or agent thereof shall not give away any 32 tobacco, tobacco products, alternative nicotine products, vapor 33 products, or cigarettes to any person under eighteen twenty-one 34 years of age, or within five hundred feet of any playground, 35 -5- LSB 2664XS (8) 88 pf/jh 5/ 9
S.F. 499 school, high school, or other facility when such facility is 1 being used primarily by persons under age eighteen twenty-one 2 for recreational, educational, or other purposes. 3 c. Proof of age shall be required if a reasonable person 4 could conclude on the basis of outward appearance that a 5 prospective recipient of a sample may be under eighteen 6 twenty-one years of age. 7 Sec. 15. Section 453A.42, subsection 9, Code 2019, is 8 amended to read as follows: 9 9. “Place of business” means any place where tobacco 10 products are sold or where tobacco products are manufactured, 11 stored, or kept for the purpose of sale or consumption, 12 including any vessel, vehicle, airplane, or train , or vending 13 machine ; or for a business within or without the state that 14 conducts delivery sales, any place where alternative nicotine 15 products or vapor products are sold or where alternative 16 nicotine products or vapor products are kept for the purpose of 17 sale, including delivery sales. 18 Sec. 16. Section 453A.47B, Code 2019, is amended to read as 19 follows: 20 453A.47B Requirements for mailing or shipping —— alternative 21 nicotine products or vapor products. 22 A retailer shall not mail, ship, or otherwise cause to be 23 delivered any alternative nicotine product or vapor product in 24 connection with a delivery sale unless the retailer meets all 25 of the following apply conditions : 26 1. Prior to sale to the purchaser, the retailer verifies 27 that the purchaser is at least eighteen twenty-one years of age 28 through or by one of the following: 29 a. A commercially available database, or aggregate of 30 databases, that is regularly used by government and businesses 31 for the purpose of age and identity verification. 32 b. Obtaining a copy of a valid government-issued document 33 that provides the name, address, and date of birth of the 34 purchaser. 35 -6- LSB 2664XS (8) 88 pf/jh 6/ 9
S.F. 499 2. The retailer uses a method of mailing, shipping, or 1 delivery that requires the signature of a person who is at 2 least eighteen twenty-one years of age before the shipping 3 package is released to the purchaser. 4 Sec. 17. SMOKING POLICY —— STATE FACILITIES AND VEHICLES 5 —— CAPITOL COMPLEX BUILDINGS AND GROUNDS. Pursuant to section 6 8A.322 and 11 IAC 100.3, and in accordance with chapter 142D, 7 to improve the health of Iowans by reducing the level of 8 exposure to environmental tobacco smoke and the use of tobacco 9 products, the director of the department of administrative 10 services shall establish, publish, and enforce policies 11 and rules regarding smoking and the use of tobacco products 12 within the confines of state-operated and owned facilities, 13 state-owned and operated vehicles, and capitol complex 14 buildings and grounds. For the purposes of the policies and 15 rules: 16 1. “Smoking” means inhaling, exhaling, burning, or carrying 17 any lighted cigar, cigarette, pipe, or other tobacco product 18 in any manner or in any form and includes but is not limited to 19 burning or vaporizing tobacco or other products using a vapor 20 product as defined in section 453A.1. 21 2. “Tobacco product” means an alternative nicotine product, 22 a cigarette, a tobacco product, and a vapor product as defined 23 in section 453A.1. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill increases the minimum age relative to various 28 activities relating to tobacco, tobacco products, alternative 29 nicotine products, vapor products, and cigarettes from 18 years 30 of age to 21 years of age. 31 The bill prohibits a person from selling, giving, or 32 otherwise supplying any tobacco, tobacco products, alternative 33 nicotine products, vapor products, or cigarettes to any person 34 under 21 years of age. The bill also prohibits a person under 35 -7- LSB 2664XS (8) 88 pf/jh 7/ 9
S.F. 499 21 years of age from smoking, using, possessing, purchasing, 1 or attempting to purchase any tobacco, tobacco products, 2 alternative nicotine products, vapor products, or cigarettes. 3 The bill makes conforming changes in the Code relative to 4 use of a driver’s license or nonoperator’s identification card 5 by an underage person to obtain tobacco, tobacco products, 6 alternative nicotine products, vapor products, or cigarettes; 7 compliance efforts; the giving away of samples of tobacco, 8 tobacco products, alternative nicotine products, vapor 9 products, or cigarettes to persons under 21 years of age 10 and within 500 feet of certain locations; and the mailing, 11 shipping, or other delivery of alternative nicotine products 12 or vapor products. 13 The bill also prohibits the sales of cigarettes, tobacco, 14 tobacco products, alternative nicotine products, and vapor 15 products through a vending machine or the selling or offering 16 for sale of these products through a self-service display. The 17 bill includes a definition of “vending machine” which expands 18 the former definition of “cigarette vending machine” to include 19 the additional types of products. 20 A person holding a permit, including a retailer, who 21 violates a provision of the bill is subject to civil penalties 22 and permit suspension or revocation provisions based on the 23 number of violations. A person other than a retailer who 24 sells, gives, or otherwise supplies any tobacco, tobacco 25 products, alternative nicotine products, vapor products, or 26 cigarettes to any person under 21 years of age is guilty of 27 a simple misdemeanor. An employee of a retailer who sells, 28 gives, or otherwise supplies any tobacco, tobacco products, 29 alternative nicotine products, vapor products, or cigarettes to 30 any person under 21 years of age commits a simple misdemeanor 31 punishable as a scheduled violation ranging from $100 to 32 $500 based upon the number of violations. A person under 33 21 years of age who smokes, uses, possesses, purchases, or 34 attempts to purchase any tobacco, tobacco products, alternative 35 -8- LSB 2664XS (8) 88 pf/jh 8/ 9
S.F. 499 nicotine products, vapor products, or cigarettes is subject to 1 performance of community service hours ranging from 8 hours for 2 a first offense to 16 hours for a third or subsequent offense. 3 The bill also directs the director of the department of 4 administrative services to establish, publish, and enforce 5 policies and rules regarding smoking and the use of tobacco 6 products within the confines of state-operated and owned 7 facilities, state-owned and operated vehicles, and capitol 8 complex buildings and grounds. The bill defines “smoking” and 9 “tobacco product” for the purposes of the policies and rules to 10 include vapor products and alternative nicotine products. 11 -9- LSB 2664XS (8) 88 pf/jh 9/ 9
feedback