Bill Text: IA SF66 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act establishing the minimum age relative to various activities relating to vapor products, and making penalties applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-01-31 - Subcommittee recommends passage. [SF66 Detail]
Download: Iowa-2019-SF66-Introduced.html
Senate
File
66
-
Introduced
SENATE
FILE
66
BY
SHIPLEY
A
BILL
FOR
An
Act
establishing
the
minimum
age
relative
to
various
1
activities
relating
to
vapor
products,
and
making
penalties
2
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1308XS
(4)
88
pf/rh
S.F.
66
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
minimum
applicable
age
of
eighteen
7
as
specified
in
section
453A.2,
subsection
2
,
who
alters
8
or
displays
or
has
in
the
person’s
possession
a
fictitious
9
or
fraudulently
altered
driver’s
license
or
nonoperator’s
10
identification
card
and
who
uses
the
license
or
card
to
violate
11
or
attempt
to
violate
section
453A.2,
subsection
2
,
commits
a
12
simple
misdemeanor
punishable
as
a
scheduled
violation
under
13
section
805.8A,
subsection
4
.
The
court
shall
forward
a
copy
14
of
the
conviction
to
the
department.
15
Sec.
2.
Section
453A.2,
subsections
1,
2,
and
3,
Code
2019,
16
are
amended
to
read
as
follows:
17
1.
a.
A
person
shall
not
sell,
give,
or
otherwise
supply
18
any
tobacco,
tobacco
products,
alternative
nicotine
products,
19
vapor
products,
or
cigarettes
to
any
person
under
eighteen
20
years
of
age.
21
b.
A
person
shall
not
sell,
give,
or
otherwise
supply
any
22
vapor
products
to
any
person
under
twenty-one
years
of
age.
23
2.
a.
A
person
under
eighteen
years
of
age
shall
not
24
smoke,
use,
possess,
purchase,
or
attempt
to
purchase
any
25
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
26
products,
or
cigarettes.
27
b.
A
person
under
twenty-one
years
of
age
shall
not
use,
28
possess,
purchase,
or
attempt
to
purchase
any
vapor
products.
29
3.
Possession
of
tobacco,
tobacco
products,
alternative
30
nicotine
products,
vapor
products,
or
cigarettes
by
an
31
individual
under
eighteen
years
of
age
or
possession
of
32
vapor
products
by
an
individual
under
twenty-one
years
of
age
33
does
not
constitute
a
violation
under
this
section
if
the
34
such
individual
under
eighteen
years
of
age
possesses
the
35
-1-
LSB
1308XS
(4)
88
pf/rh
1/
6
S.F.
66
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
1
products,
or
cigarettes
as
part
of
the
individual’s
employment
2
and
the
individual
is
employed
by
a
person
who
holds
a
valid
3
permit
under
this
chapter
or
who
lawfully
offers
for
sale
or
4
sells
cigarettes
or
tobacco
products.
5
Sec.
3.
Section
453A.2,
subsection
8,
paragraph
a,
Code
6
2019,
is
amended
to
read
as
follows:
7
a.
A
person
shall
not
be
guilty
of
a
violation
of
this
8
section
if
conduct
that
would
otherwise
constitute
a
violation
9
is
performed
to
assess
compliance
with
tobacco,
tobacco
10
products,
alternative
nicotine
products,
vapor
products,
or
11
cigarette
laws
if
any
of
the
following
applies:
12
(1)
The
compliance
effort
is
conducted
by
or
under
the
13
supervision
of
law
enforcement
officers.
14
(2)
The
compliance
effort
is
conducted
with
the
advance
15
knowledge
of
law
enforcement
officers
and
reasonable
measures
16
are
adopted
by
those
conducting
the
effort
to
ensure
that
all
17
of
the
following:
18
(a)
That
use
of
tobacco,
tobacco
products,
alternative
19
nicotine
products,
vapor
products,
or
cigarettes
by
individuals
20
under
eighteen
years
of
age
does
not
result
from
participation
21
by
any
individual
under
eighteen
years
of
age
in
the
compliance
22
effort.
23
(b)
That
use
of
vapor
products
by
individuals
under
24
twenty-one
years
of
age
does
not
result
from
participation
by
25
any
individual
under
twenty-one
years
of
age
in
the
compliance
26
effort.
27
Sec.
4.
Section
453A.5,
subsection
1,
Code
2019,
is
amended
28
to
read
as
follows:
29
1.
The
alcoholic
beverages
division
of
the
department
of
30
commerce
shall
develop
a
tobacco
compliance
employee
training
31
program
not
to
exceed
two
hours
in
length
for
employees
and
32
prospective
employees
of
retailers,
as
defined
in
sections
33
453A.1
and
453A.42
,
to
inform
the
employees
about
state
and
34
federal
laws
and
regulations
regarding
the
sale
of
tobacco,
35
-2-
LSB
1308XS
(4)
88
pf/rh
2/
6
S.F.
66
tobacco
products,
alternative
nicotine
products,
vapor
1
products,
and
cigarettes
to
persons
under
eighteen
years
of
age
2
and
,
the
sale
of
vapor
products
to
persons
under
twenty-one
3
years
of
age,
compliance
with
and
the
importance
of
laws
4
regarding
the
sale
of
tobacco,
tobacco
products,
alternative
5
nicotine
products,
vapor
products,
and
cigarettes
to
persons
6
under
eighteen
years
of
age
,
and
the
sale
of
vapor
products
to
7
persons
under
twenty-one
years
of
age
.
8
Sec.
5.
Section
453A.36,
subsection
6,
Code
2019,
is
amended
9
to
read
as
follows:
10
6.
a.
Any
sales
of
tobacco,
tobacco
products,
alternative
11
nicotine
products,
vapor
products,
or
cigarettes
made
through
a
12
cigarette
vending
machine
are
subject
to
rules
and
penalties
13
relative
to
retail
sales
of
tobacco,
tobacco
products,
14
alternative
nicotine
products,
vapor
products,
and
cigarettes
15
provided
for
in
this
chapter
.
16
b.
Cigarettes
shall
not
be
sold
through
any
cigarette
17
vending
machine
unless
the
cigarettes
have
been
properly
18
stamped
or
metered
as
provided
by
this
subchapter
,
and
in
19
case
of
violation
of
this
provision,
the
permit
of
the
dealer
20
authorizing
retail
sales
of
cigarettes
shall
be
revoked.
21
c.
Payment
of
the
permit
fee
as
provided
in
section
22
453A.13
authorizes
a
cigarette
vendor
to
sell
tobacco,
tobacco
23
products,
alternative
nicotine
products,
vapor
products,
and
24
cigarettes
through
vending
machines.
However,
25
d.
Notwithstanding
paragraph
“c”
,
all
of
the
following
26
shall
apply
to
tobacco,
tobacco
products,
alternative
nicotine
27
products,
vapor
products,
and
cigarettes
sold
through
a
vending
28
machine:
29
(1)
Tobacco,
tobacco
products,
alternative
nicotine
30
products,
and
cigarettes
shall
not
be
sold
through
a
vending
31
machine
unless
the
vending
machine
is
located
in
a
place
where
32
the
retailer
ensures
that
no
person
younger
than
eighteen
years
33
of
age
is
present
or
permitted
to
enter
at
any
time.
34
(2)
Vapor
products
shall
not
be
sold
through
a
vending
35
-3-
LSB
1308XS
(4)
88
pf/rh
3/
6
S.F.
66
machine
unless
the
vending
machine
is
located
in
a
place
where
1
the
retailer
ensures
that
no
person
younger
than
twenty-one
2
years
of
age
is
present
or
permitted
to
enter
at
any
time.
3
e.
Tobacco,
tobacco
products,
alternative
nicotine
products,
4
vapor
products,
and
cigarettes
shall
not
be
sold
through
any
5
cigarette
vending
machine
if
such
products
are
placed
together
6
with
any
nontobacco
product,
other
than
matches,
in
the
7
cigarette
vending
machine.
8
f.
This
section
does
not
require
a
retail
permit
holder
to
9
buy
a
cigarette
vendor’s
permit
if
the
retail
permit
holder
is
10
in
fact
the
owner
of
the
cigarette
vending
machines
and
the
11
machines
are
operated
in
the
location
described
in
the
retail
12
permit.
13
Sec.
6.
Section
453A.39,
subsection
2,
paragraphs
b
and
c,
14
Code
2019,
are
amended
to
read
as
follows:
15
b.
A
manufacturer,
distributor,
wholesaler,
retailer,
16
or
distributing
agent
or
agent
thereof
of
a
manufacturer,
17
distributor,
wholesaler,
retailer,
or
distributing
agent
shall
18
not
give
away
any
tobacco,
of
the
following:
19
(1)
Tobacco,
tobacco
products,
alternative
nicotine
20
products,
vapor
products,
or
cigarettes
to
any
person
under
21
eighteen
years
of
age,
or
within
five
hundred
feet
of
any
22
playground,
school,
high
school,
or
other
facility
when
such
23
facility
is
being
used
primarily
by
persons
under
age
eighteen
24
for
recreational,
educational,
or
other
purposes.
25
(2)
Vapor
products
to
any
person
under
twenty-one
years
of
26
age,
or
within
five
hundred
feet
of
any
playground,
school,
27
high
school,
or
other
facility
when
such
facility
is
being
used
28
primarily
by
persons
under
age
twenty-one
years
of
age
for
29
recreational,
educational,
or
other
purposes.
30
c.
Proof
of
age
shall
be
required
if
a
reasonable
person
31
could
conclude
on
the
basis
of
outward
appearance
that
a
32
prospective
recipient
of
a
sample
may
be
under
eighteen
years
33
of
the
minimum
applicable
age
as
specified
in
paragraph
“b”
.
34
Sec.
7.
Section
453A.47B,
Code
2019,
is
amended
to
read
as
35
-4-
LSB
1308XS
(4)
88
pf/rh
4/
6
S.F.
66
follows:
1
453A.47B
Requirements
for
mailing
or
shipping
——
alternative
2
nicotine
products
or
vapor
products.
3
A
retailer
shall
not
mail,
ship,
or
otherwise
cause
to
be
4
delivered
any
alternative
nicotine
product
or
vapor
product
in
5
connection
with
a
delivery
sale
unless
the
retailer
meets
all
6
of
the
following
apply
conditions
:
7
1.
a.
Prior
to
sale
to
the
purchaser,
the
retailer
verifies
8
by
one
of
the
methods
specified
in
paragraph
“b”
that
the
9
purchaser
is
at
the
minimum
applicable
age,
as
follows:
10
(1)
If
the
purchase
is
an
alternative
nicotine
product,
11
at
least
eighteen
years
of
age
through
or
by
one
of
the
12
following:
.
13
(2)
If
the
purchase
is
a
vapor
product,
at
least
twenty-one
14
years
of
age.
15
b.
Verification
by
a
retailer
of
the
minimum
applicable
16
age
under
paragraph
“a”
may
be
made
through
or
by
one
of
the
17
following
methods:
18
a.
(1)
A
commercially
available
database,
or
aggregate
of
19
databases,
that
is
regularly
used
by
government
and
businesses
20
for
the
purpose
of
age
and
identity
verification.
21
b.
(2)
Obtaining
a
copy
of
a
valid
government-issued
22
document
that
provides
the
name,
address,
and
date
of
birth
of
23
the
purchaser.
24
2.
The
retailer
uses
a
method
of
mailing,
shipping,
or
25
delivery
that
requires
the
signature
of
a
person
who
is
at
26
least
eighteen
years
of
the
minimum
applicable
age
as
specified
27
in
subsection
1
before
the
shipping
package
is
released
to
the
28
purchaser.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
the
minimum
age
relative
to
various
33
activities
relating
to
vapor
products.
The
bill
increases
the
34
minimum
age
relative
to
vapor
products
from
18
years
of
age
to
35
-5-
LSB
1308XS
(4)
88
pf/rh
5/
6
S.F.
66
21
years
of
age.
1
The
bill
prohibits
a
person
from
selling,
giving,
or
2
otherwise
supplying
any
vapor
products
to
any
person
under
3
21
years
of
age.
The
bill
also
prohibits
a
person
under
21
4
years
of
age
from
smoking,
using,
possessing,
purchasing,
or
5
attempting
to
purchase
any
vapor
products.
6
The
bill
makes
conforming
changes
in
the
Code
relative
to
7
use
of
a
driver’s
license
or
nonoperator’s
identification
card
8
by
an
underage
person
to
obtain
vapor
products;
compliance
9
efforts;
sale
of
vapor
products
through
vending
machines;
the
10
giving
away
of
samples
of
vapor
products
to
persons
under
21
11
years
of
age
and
within
500
feet
of
certain
locations;
and
the
12
mailing,
shipping,
or
other
delivery
of
vapor
products.
13
A
person
holding
a
permit,
including
a
retailer,
who
14
violates
a
provision
of
the
bill
is
subject
to
civil
penalties
15
and
permit
suspension
or
revocation
provisions
based
on
the
16
number
of
violations.
A
person
other
than
a
retailer
who
17
sells,
gives,
or
otherwise
supplies
any
vapor
products
to
any
18
person
under
21
years
of
age
is
guilty
of
a
simple
misdemeanor.
19
An
employee
of
a
retailer
who
sells,
gives,
or
otherwise
20
supplies
any
vapor
products
to
any
person
under
21
years
of
21
age
commits
a
simple
misdemeanor
punishable
as
a
scheduled
22
violation
ranging
from
$100
to
$500
based
upon
the
number
23
of
violations.
A
person
under
21
years
of
age
who
smokes,
24
uses,
possesses,
purchases,
or
attempts
to
purchase
any
vapor
25
products
is
subject
to
performance
of
community
service
hours
26
ranging
from
8
hours
for
a
first
offense
to
16
hours
for
a
third
27
or
subsequent
offense.
28
-6-
LSB
1308XS
(4)
88
pf/rh
6/
6
