Text: H05483                            Text: H05485
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House Amendment 5484

Amendment Text

PAG LIN
  1  1    Amend the amendment, H-5280, to House File 2454, as
  1  2 follows:
  1  3    #1.  Page 1, by inserting after line 1 the
  1  4 following:
  1  5    "#   .  Page 2, by inserting after line 24 the
  1  6 following:
  1  7    "Sec.    .  Section 142B.6, Code 1995, is amended
  1  8 to read as follows:
  1  9    142B.6  CIVIL PENALTY FOR VIOLATION – UNIFORM
  1 10 APPLICATION ENFORCEMENT.
  1 11    A person who smokes in those areas prohibited in
  1 12 section 142B.2, or who violates section 142B.4, shall
  1 13 pay a civil fine pursuant to section 805.8, subsection
  1 14 11, for each violation.
  1 15    Judicial magistrates shall hear and determine
  1 16 violations of this chapter.  The civil penalties paid
  1 17 pursuant to this chapter shall be deposited in the
  1 18 county treasury.
  1 19    Enforcement of this chapter shall be implemented in
  1 20 an equitable manner throughout the state.  For the
  1 21 purpose of equitable and uniform implementation,
  1 22 application, and enforcement of state and local laws
  1 23 and regulations, the provisions of this chapter shall
  1 24 supersede any local law or regulation which is
  1 25 inconsistent with or conflicts with the provisions of
  1 26 this chapter.  The Iowa department of public health
  1 27 shall adopt rules to enforce this chapter.
  1 28    Sec. 101.  NEW SECTION.  249A.30  RECOVERY OF
  1 29 MEDICAL ASSISTANCE EXPENDITURE – CIGARETTE AND
  1 30 TOBACCO PRODUCTS – RELATED MEDICAL EXPENSES BY
  1 31 RESIDENT RECIPIENTS.
  1 32    1.  Notwithstanding chapter 668, the attorney
  1 33 general may institute a civil action on behalf of the
  1 34 state against any manufacturer of cigarettes or other
  1 35 tobacco products to recover the full amount of medical
  1 36 assistance provided by the state to a resident of the
  1 37 state for the payment of medical services which are
  1 38 reasonably attributable to the use of cigarettes or
  1 39 tobacco products and all reasonable expenses
  1 40 associated with instituting the action.
  1 41    2.  In determining liability in an action under
  1 42 this section, all of the following shall apply:
  1 43    a.  Any manufacturer of cigarettes or other tobacco
  1 44 products shall be strictly liable for the medical
  1 45 expenses reasonably attributable to the use of the
  1 46 manufacturer's product, without regard to any
  1 47 negligence, intent, warnings, or other conduct or
  1 48 knowledge on the part of the manufacturer.
  1 49    b.  The state may recover medical expenses, without
  1 50 regard to the defenses of assumption of the risk,
  2  1 contributory or comparative negligence, or other
  2  2 defenses which might be asserted.
  2  3    c.  Any action instituted by the attorney general
  2  4 is independent of any rights or causes of action of
  2  5 any individual.
  2  6    3.  In determining the extent of the liability of
  2  7 any manufacturer under this section, the court shall
  2  8 apply the following evidentiary presumptions:
  2  9    a.  The ratio of the expenses attributable to the
  2 10 use of cigarettes or tobacco products produced by any
  2 11 manufacturer to the expenses of all manufacturers is
  2 12 presumed to be equivalent to the ratio of the sales by
  2 13 the manufacturer within the state during the most
  2 14 recent year for which data are available to the sales
  2 15 of all manufacturers for that year.
  2 16    b.  The medical expenses for individuals
  2 17 attributable to the use of cigarettes or tobacco
  2 18 products shall be based on reliable estimates for the
  2 19 class of persons affected, rather than proof of the
  2 20 cause of expenses in the case of any particular
  2 21 individual.
  2 22    c.  Estimates of medical expenses shall be based on
  2 23 epidemiological, scientific, survey, and other data,
  2 24 determined by the director of public health to be
  2 25 reliable and reasonably available.  The Iowa
  2 26 department of public health shall adopt rules to
  2 27 specify the methodology for making the estimates in
  2 28 any action under this section.
  2 29    d.  A defendant shall have the opportunity to rebut
  2 30 any presumption by clear and convincing evidence,
  2 31 provided that the court shall take reasonable steps to
  2 32 ensure that determination of damages is concluded in a
  2 33 timely and expeditious manner and that no party to the
  2 34 action is permitted to unduly delay the conclusion of
  2 35 the action.
  2 36    4.  For the purposes of this section, "cigarette"
  2 37 and "tobacco products" mean cigarette and tobacco
  2 38 products as defined in section 453A.1.""
  2 39    #2.  Page 1, by inserting after line 3 the
  2 40 following:
  2 41    ""Sec.    .  Section 453A.2, Code 1995, is amended
  2 42 by adding the following new subsection:
  2 43    NEW SUBSECTION.  5.  A violation of subsection 1 is
  2 44 a violation of section 714.16, subsection 2, paragraph
  2 45 "a".
  2 46    Sec.    .  Section 453A.3, unnumbered paragraph 1,
  2 47 Code 1995, is amended to read as follows:
  2 48    A person who violates section 453A.2, subsection 1,
  2 49 or section 453A.39 is guilty of a simple misdemeanor.
  2 50    Sec.    .  Section 453A.22, subsection 2,
  3  1 unnumbered paragraph 1, Code 1995, is amended to read
  3  2 as follows:
  3  3    If a retailer or employee of a retailer has
  3  4 violated section 453A.2, or 453A.36, subsection 6, or
  3  5 453A.39 8, or 9, the department or local authority, in
  3  6 addition to the other penalties fixed for such
  3  7 violations in this section, shall assess a penalty
  3  8 upon the same hearing and notice as prescribed in
  3  9 subsection 1 as follows:"
  3 10    #3.  Page 1, line 11, by striking the word
  3 11 "subsection" and inserting the following:
  3 12 "subsections".
  3 13    #4.  Page 1, by inserting after line 11 the
  3 14 following:
  3 15    "NEW SUBSECTION.  8.  It is unlawful for any
  3 16 manufacturer, distributor, wholesaler, retailer,
  3 17 distributing agent, or agent thereof to advertise on
  3 18 any advertising device cigarettes or other tobacco
  3 19 products within one thousand feet of any playground,
  3 20 school, high school, or other facility when such
  3 21 facility is being used primarily by persons under age
  3 22 eighteen for recreational, educational, or other
  3 23 purposes.  A manufacturer, distributor, wholesaler,
  3 24 retailer, distributing agent, or agent thereof who
  3 25 violates this subsection is guilty of a serious
  3 26 misdemeanor."
  3 27    #5.  Page 1, by inserting after line 18 the
  3 28 following:
  3 29    "Sec.    .  Section 453A.56, Code 1995, is amended
  3 30 to read as follows:
  3 31    453A.56  UNIFORM APPLICATION.
  3 32    Enforcement of this chapter shall be implemented in
  3 33 an equitable manner throughout the state.  For the
  3 34 purpose of equitable and uniform implementation,
  3 35 application, and enforcement of state and local laws
  3 36 and regulations, the provisions of this chapter shall
  3 37 supersede any local law or regulation which is
  3 38 inconsistent with or conflicts with the provisions of
  3 39 this chapter, unless the local law or regulation is
  3 40 more restrictive in application in which case the more
  3 41 restrictive portion of the local law or regulation
  3 42 shall supersede any inconsistent or conflicting
  3 43 provision of this chapter."
  3 44    #   .  Page 3, by inserting after line 21 the
  3 45 following:
  3 46    "Sec.    .  Section 453A.39, Code 1995, is
  3 47 repealed.
  3 48    Sec.    .  Section 101 of this Act, relating to the
  3 49 recovery of medical assistance expenditures due to
  3 50 smoking, being deemed of immediate importance, takes
  4  1 effect upon enactment.
  4  2    Sec.    .  RETROACTIVE APPLICABILITY.  The state
  4  3 may recover, pursuant to section 249A.30, in addition
  4  4 to any subsequent damages, any applicable damages
  4  5 incurred within the two years preceding the date of
  4  6 enactment of section 249A.30 of this Act."
  4  7    #   .  Title page, by striking line 6 and inserting
  4  8 the following:  "substances; providing penalties,
  4  9 establishing civil penalties, making penalties
  4 10 applicable, providing an effective date, and providing
  4 11 a repeal.""
  4 12    #6.  By renumbering as necessary.  
  4 13 
  4 14 
  4 15                              
  4 16 BRAMMER of Linn
  4 17 HF 2454.201 76
  4 18 pf/jj
     

Text: H05483                            Text: H05485
Text: H05400 - H05499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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