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House Amendment 5502

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 422B.1, subsections 3, 4, 5,
  2 42 6, 8, and 9, Code Supplement 1995, are amended to read
  2 43 as follows:
  2 44    3.  A local option tax shall be imposed only after
  2 45 an election at which a majority of those voting on the
  2 46 question favors imposition and shall then be imposed
  2 47 until repealed as provided in subsection 6, paragraph
  2 48 "a".  If the tax is a local vehicle tax imposed by a
  2 49 county, it shall apply to all incorporated and
  2 50 unincorporated areas of the county.  If the tax is a
  3  1 local sales and services tax or a local cigarette and
  3  2 tobacco tax imposed by a county, it shall only apply
  3  3 to those incorporated areas and the unincorporated
  3  4 area of that county in which a majority of those
  3  5 voting in the area on the tax favors its imposition.
  3  6 For purposes of the local sales and services tax or a
  3  7 local cigarette and tobacco tax, all cities contiguous
  3  8 to each other shall be treated as part of one
  3  9 incorporated area and the tax would be imposed in each
  3 10 of those contiguous cities only if the majority of
  3 11 those voting in the total area covered by the
  3 12 contiguous cities favors its imposition.  For purposes
  3 13 of the local sales and services tax or a local
  3 14 cigarette and tobacco tax, a city is not contiguous to
  3 15 another city if the only road access between the two
  3 16 cities is through another state.
  3 17    4.  a.  A county board of supervisors shall direct
  3 18 within thirty days the county commissioner of
  3 19 elections to submit the question of imposition of a
  3 20 local vehicle tax, or a local sales and services tax,
  3 21 or a local cigarette and tobacco tax to the registered
  3 22 voters of the incorporated and unincorporated areas of
  3 23 the county upon receipt of a petition, requesting
  3 24 imposition of a local vehicle tax, or a local sales
  3 25 and services tax, or a local cigarette and tobacco
  3 26 tax, signed by eligible electors of the whole county
  3 27 equal in number to five percent of the persons in the
  3 28 whole county who voted at the last preceding state
  3 29 general election.  In the case of a local vehicle tax,
  3 30 the petition requesting imposition shall specify the
  3 31 rate of tax and the classes, if any, that are to be
  3 32 exempt.  If more than one valid petition is received,
  3 33 the earliest received petition shall be used.
  3 34    b.  The question of the imposition of a local sales
  3 35 and services tax or a local cigarette and tobacco tax
  3 36 shall be submitted to the registered voters of the
  3 37 incorporated and unincorporated areas of the county
  3 38 upon receipt by the county commissioner of elections
  3 39 of the motion or motions, requesting such submission,
  3 40 adopted by the governing body or bodies of the city or
  3 41 cities located within the county or of the county, for
  3 42 the unincorporated areas of the county, representing
  3 43 at least one half of the population of the county.
  3 44 Upon adoption of such motion, the governing body of
  3 45 the city or county, for the unincorporated areas,
  3 46 shall submit the motion to the county commissioner of
  3 47 elections and in the case of the governing body of the
  3 48 city shall notify the board of supervisors of the
  3 49 adoption of the motion.  The county commissioner of
  3 50 elections shall keep a file on all the motions
  4  1 received and, upon reaching the population
  4  2 requirements, shall publish notice of the ballot
  4  3 proposition concerning the imposition of the local
  4  4 sales and services tax or a local cigarette and
  4  5 tobacco tax.  A motion ceases to be valid at the time
  4  6 of the holding of the regular election for the
  4  7 election of members of the governing body which
  4  8 adopted the motion.  The county commissioner of
  4  9 elections shall eliminate from the file any motion
  4 10 that ceases to be valid.  The manner provided under
  4 11 this paragraph for the submission of the question of
  4 12 imposition of a local sales and services tax or a
  4 13 local cigarette and tobacco tax is an alternative to
  4 14 the manner provided in paragraph "a".
  4 15    5.  The county commissioner of elections shall
  4 16 submit the question of imposition of a local option
  4 17 tax at a state general election or at a special
  4 18 election held at any time other than the time of a
  4 19 city regular election.  The election shall not be held
  4 20 sooner than sixty days after publication of notice of
  4 21 the ballot proposition.  The ballot proposition shall
  4 22 specify the type and rate of tax and in the case of a
  4 23 vehicle tax the classes that will be exempt and in the
  4 24 case of a local sales and services tax or a local
  4 25 cigarette and tobacco tax the date it will be imposed.
  4 26 The ballot proposition shall also specify the
  4 27 approximate amount of local option tax revenues that
  4 28 will be used for property tax relief and shall contain
  4 29 a statement as to the specific purpose or purposes for
  4 30 which the revenues shall otherwise be expended.  If
  4 31 the county board of supervisors decides under
  4 32 subsection 6 to specify a date on which the local
  4 33 option sales and services tax or a local cigarette and
  4 34 tobacco tax shall automatically be repealed, the date
  4 35 of the repeal shall also be specified on the ballot.
  4 36 The rate of the vehicle tax shall be in increments of
  4 37 one dollar per vehicle as set by the petition seeking
  4 38 to impose the tax.  The rate of a local sales and
  4 39 services tax shall not be more than one percent as set
  4 40 by the governing body.  The rate of the cigarette and
  4 41 tobacco tax shall not be more than ten percent as set
  4 42 by the governing body.  The state commissioner of
  4 43 elections shall establish by rule the form for the
  4 44 ballot proposition which form shall be uniform
  4 45 throughout the state.
  4 46    6.  a.  If a majority of those voting on the
  4 47 question of imposition of a local option tax favor
  4 48 imposition of a local option tax, the governing body
  4 49 of that county shall impose the tax at the rate
  4 50 specified for an unlimited period.  However, in the
  5  1 case of a local sales and services tax or a local
  5  2 cigarette and tobacco tax, the county shall not impose
  5  3 the tax in any incorporated area or the unincorporated
  5  4 area if the majority of those voting on the tax in
  5  5 that area did not favor its imposition.  For purposes
  5  6 of the local sales and services tax or a local
  5  7 cigarette and tobacco tax, all cities contiguous to
  5  8 each other shall be treated as part of one
  5  9 incorporated area and the tax shall be imposed in each
  5 10 of those contiguous cities only if the majority of
  5 11 those voting on the tax in the total area covered by
  5 12 the contiguous cities favored its imposition.  The
  5 13 local option tax may be repealed or the rate increased
  5 14 or decreased or the use thereof changed after an
  5 15 election at which a majority of those voting on the
  5 16 question of repeal or rate or use change favored the
  5 17 repeal or rate or use change.  The election at which
  5 18 the question of repeal or rate or use change is
  5 19 offered shall be called and held in the same manner
  5 20 and under the same conditions as provided in
  5 21 subsections 4 and 5 for the election on the imposition
  5 22 of the local option tax.  However, in the case of a
  5 23 local sales and services tax or a local cigarette and
  5 24 tobacco tax where the tax has not been imposed
  5 25 countywide, the question of repeal or imposition or
  5 26 rate or use change shall be voted on only by the
  5 27 registered voters of the areas of the county where the
  5 28 tax has been imposed or has not been imposed, as
  5 29 appropriate.  However, the governing body of the
  5 30 incorporated area or unincorporated area where the
  5 31 local sales and services tax or a local cigarette and
  5 32 tobacco tax is imposed may, upon its own motion,
  5 33 request the county commissioner of elections to hold
  5 34 an election in the incorporated or unincorporated
  5 35 area, as appropriate, on the question of the change in
  5 36 use of local sales and services tax revenues.  The
  5 37 election may be held at any time but not sooner than
  5 38 sixty days following publication of the ballot
  5 39 proposition.  If a majority of those voting in the
  5 40 incorporated or unincorporated area on the change in
  5 41 use favor the change, the governing body of that area
  5 42 shall change the use to which the revenues shall be
  5 43 used.  The ballot proposition shall list the present
  5 44 use of the revenues, the proposed use, and the date
  5 45 after which revenues received will be used for the new
  5 46 use.
  5 47    When submitting the question of the imposition of a
  5 48 local sales and services tax or a local cigarette and
  5 49 tobacco tax, the county board of supervisors may
  5 50 direct that the question contain a provision for the
  6  1 repeal, without election, of the local sales and
  6  2 services tax or a local cigarette and tobacco tax on a
  6  3 specific date, which date shall be the end of a
  6  4 calendar quarter.
  6  5    b.  Within ten days of the election at which a
  6  6 majority of those voting on the question favors the
  6  7 imposition, repeal, or change in the rate of a local
  6  8 option tax, the governing body shall give written
  6  9 notice to the director of revenue and finance or, in
  6 10 the case of a local vehicle tax, to the director of
  6 11 the department of transportation, of the result of the
  6 12 election.
  6 13    8.  Local option taxes authorized to be imposed as
  6 14 provided in this chapter are a local sales and
  6 15 services tax, a local cigarette and tobacco tax, and a
  6 16 local vehicle tax.  The rate of the tax shall be in
  6 17 increments of one dollar per vehicle for a vehicle tax
  6 18 as set on the petition seeking to impose the vehicle
  6 19 tax.  The rate of a local sales and services tax shall
  6 20 not be more than one percent as set by the governing
  6 21 body.  The rate of the local cigarette and tobacco tax
  6 22 shall not be more than ten percent as set by the
  6 23 governing body.
  6 24    9.  In a county that has imposed a local option
  6 25 sales and services tax or a local option cigarette and
  6 26 tobacco tax, the board of supervisors shall,
  6 27 notwithstanding any contrary provision of this
  6 28 chapter, repeal the local option sales and services
  6 29 tax in the unincorporated areas or in an incorporated
  6 30 city area in which the tax has been imposed upon
  6 31 adoption of its own motion for repeal in the
  6 32 unincorporated areas or upon receipt of a motion
  6 33 adopted by the governing body of that incorporated
  6 34 city area requesting repeal.  The board of supervisors
  6 35 shall repeal the local option sales and services tax
  6 36 effective at the end of the calendar quarter during
  6 37 which it adopted the repeal motion or the motion for
  6 38 the repeal was received.  For purposes of this
  6 39 subsection, incorporated city area includes an
  6 40 incorporated city which is contiguous to another
  6 41 incorporated city.
  6 42    Sec.    .  NEW SECTION.  422B.5  LOCAL CIGARETTE
  6 43 AND TOBACCO TAX.
  6 44    A local cigarette and tobacco tax at the rate of
  6 45 not more than ten percent may be imposed by a county
  6 46 on the gross receipts from sales of cigarettes and
  6 47 tobacco products sold at retail by a retailer as
  6 48 defined under chapter 422, division IV.  A local
  6 49 cigarette and tobacco tax shall be imposed only if the
  6 50 retailer is required under section 422.53 to have a
  7  1 state tax permit to collect the state sales and
  7  2 services tax.  A local cigarette and tobacco tax is
  7  3 applicable to transactions within those incorporated
  7  4 and unincorporated areas of the county where it is
  7  5 imposed and shall be collected by all persons required
  7  6 to collect state gross receipts taxes.  All cities
  7  7 contiguous to each other shall be treated as part of
  7  8 one incorporated area and the tax would be imposed in
  7  9 each of those contiguous cities only if the majority
  7 10 of those voting in the total area covered by the
  7 11 contiguous cities favor its imposition.
  7 12    The amount of the sale, for purposes of determining
  7 13 the amount of the local cigarette and tobacco tax,
  7 14 does not include the amount of any state gross
  7 15 receipts taxes but does include the amount of any tax
  7 16 imposed under chapter 453A.
  7 17    A tax permit other than the state tax permit
  7 18 required under section 422.53 shall not be required by
  7 19 local authorities.
  7 20    Sec.    .  NEW SECTION.  422B.6  ADMINISTRATION.
  7 21    A local cigarette and tobacco tax shall be imposed
  7 22 either January 1, April 1, July 1 or October 1
  7 23 following the notification of the director of revenue
  7 24 and finance.
  7 25    A local cigarette and tobacco tax shall be repealed
  7 26 only on March 31, June 30, September 30, or December
  7 27 31.  However, a local cigarette and tobacco tax shall
  7 28 not be repealed before the tax has been in effect for
  7 29 one year.  At least forty days before the imposition
  7 30 or repeal of the tax, a county shall provide notice of
  7 31 the action by certified mail to the director of
  7 32 revenue and finance.
  7 33    The director of revenue and finance shall
  7 34 administer a local cigarette and tobacco tax as nearly
  7 35 as possible in conjunction with the administration of
  7 36 state gross receipts tax laws.  The director shall
  7 37 provide appropriate forms or provide on the regular
  7 38 state tax forms for reporting local cigarette and
  7 39 tobacco tax liability.
  7 40    The ordinance of a county board of supervisors
  7 41 imposing a local cigarette and tobacco tax shall adopt
  7 42 by reference the applicable provisions of the
  7 43 appropriate sections of chapter 422, division IV.  All
  7 44 powers and requirements of the director to administer
  7 45 the state gross receipts tax law are applicable to the
  7 46 administration of a local sales and services tax law,
  7 47 including but not limited to, the provisions of
  7 48 sections 422.25, subsection 4, 422.30, 422.48 to
  7 49 422.52, 422.54 to 422.58, 422.67, 422.68, 422.69,
  7 50 subsection 1, and 422.70 to 422.75.  Local officials
  8  1 shall confer with the director of revenue and finance
  8  2 for assistance in drafting the ordinance imposing a
  8  3 local cigarette and tobacco tax.  A certified copy of
  8  4 the ordinance shall be filed with the director as soon
  8  5 as possible after passage.
  8  6    The director, in consultation with local officials,
  8  7 shall collect and account for a local cigarette and
  8  8 tobacco tax.  The director shall certify each quarter
  8  9 the amount of local cigarette and tobacco tax receipts
  8 10 and any interest and penalties to be credited to the
  8 11 "local cigarette and tobacco tax fund" established in
  8 12 the office of the treasurer of state.
  8 13    All local tax moneys and interest and penalties
  8 14 received or refunded one hundred eighty days or more
  8 15 after the date on which the county repeals its local
  8 16 cigarette and tobacco tax shall be deposited in or
  8 17 withdrawn from the state general fund.
  8 18    Sec.    .  NEW SECTION.  422B.7  PAYMENT TO LOCAL
  8 19 GOVERNMENTS.
  8 20    1.  The director shall credit the local cigarette
  8 21 and tobacco tax receipts and interest and penalties
  8 22 from the tax imposed in the unincorporated area of a
  8 23 county to the county's account in the local cigarette
  8 24 and tobacco tax fund and from the tax imposed in the
  8 25 unincorporated area of a city to the city's account in
  8 26 the local cigarette and tobacco tax fund.  If the
  8 27 director is unable to determine from which county any
  8 28 of the receipts were collected, those receipts shall
  8 29 be allocated among the possible counties based on
  8 30 allocation rules adopted by the director.
  8 31    2.  a.  The director of revenue and finance within
  8 32 fifteen days of the beginning of each fiscal year
  8 33 shall send to each city or county where the local
  8 34 option tax is imposed, an estimate of the amount of
  8 35 tax moneys each city or county will receive for the
  8 36 year and for each quarter of the year.  At the end of
  8 37 each quarter, the director may revise the estimates
  8 38 for the year and remaining quarters.
  8 39    b.  The director of revenue and finance shall remit
  8 40 ninety percent of the estimate tax receipts for the
  8 41 city or county to the city or county after the end of
  8 42 each quarter no later than the following dates:
  8 43 November 10, February 10, May 10, and August 10.
  8 44    c.  The director of revenue and finance shall remit
  8 45 a final payment of the remainder of tax moneys due the
  8 46 city or county for the fiscal year before the due date
  8 47 for the payment of the first quarter of the next
  8 48 fiscal year.  If an overpayment has resulted during
  8 49 the previous fiscal year, the first payment of the new
  8 50 fiscal year shall be adjusted to reflect any
  9  1 overpayment.
  9  2    3.  Local cigarette and tobacco tax moneys received
  9  3 by a city or county shall be expended by the city or
  9  4 county for the purpose of educating minors on the
  9  5 addictiveness and harmful effects of cigarettes and
  9  6 tobacco products and enforcing federal, state, and
  9  7 local cigarette and tobacco laws.
  9  8    Sec.    .  Section 422B.8, unnumbered paragraph 1,
  9  9 Code Supplement 1995, is amended to read as follows:
  9 10    A local sales and services tax at the rate of not
  9 11 more than one percent may be imposed by a county on
  9 12 the gross receipts taxed by the state under chapter
  9 13 422, division IV.  A local sales and services tax
  9 14 shall be imposed on the same basis as the state sales
  9 15 and services tax and may not be imposed on the sale of
  9 16 any property or on any service not taxed by the state,
  9 17 except the tax shall not be imposed on the gross
  9 18 receipts from the sale of motor fuel or special fuel
  9 19 as defined in chapter 452A, on the gross receipts from
  9 20 the sale of cigarettes and tobacco products as defined
  9 21 in chapter 453A, on the gross receipts from the rental
  9 22 of rooms, apartments, or sleeping quarters which are
  9 23 taxed under chapter 422A during the period the hotel
  9 24 and motel tax is imposed, on the gross receipts from
  9 25 the sale of natural gas or electric energy in a city
  9 26 or county where the gross receipts are subject to a
  9 27 franchise fee or user fee during the period the
  9 28 franchise or user fee is imposed, on the gross
  9 29 receipts from the sale of equipment by the state
  9 30 department of transportation, and on the gross
  9 31 receipts from the sale of a lottery ticket or share in
  9 32 a lottery game conducted pursuant to chapter 99E.  A
  9 33 local sales and services tax is applicable to
  9 34 transactions within those incorporated and
  9 35 unincorporated areas of the county where it is imposed
  9 36 and shall be collected by all persons required to
  9 37 collect state gross receipts taxes.  All cities
  9 38 contiguous to each other shall be treated as part of
  9 39 one incorporated area and the tax would be imposed in
  9 40 each of those contiguous cities only if the majority
  9 41 of those voting in the total area covered by the
  9 42 contiguous cities favor its imposition.
  9 43    Sec.    .  Section 453A.2, Code 1995, is amended by
  9 44 adding the following new subsection:
  9 45    NEW SUBSECTION.  5.  A violation of subsection 1 is
  9 46 a violation of section 714.16, subsection 2, paragraph
  9 47 "a".
  9 48    Sec.    .  Section 453A.3, unnumbered paragraph 1,
  9 49 Code 1995, is amended to read as follows:
  9 50    A person who violates section 453A.2, subsection 1,
 10  1 or section 453A.39 is guilty of a simple misdemeanor.
 10  2    Sec.    .  Section 453A.22, subsection 2,
 10  3 unnumbered paragraph 1, Code 1995, is amended to read
 10  4 as follows:
 10  5    If a retailer or employee of a retailer has
 10  6 violated section 453A.2, or 453A.36, subsection 6, or
 10  7 453A.39 8, or 9, the department or local authority, in
 10  8 addition to the other penalties fixed for such
 10  9 violations in this section, shall assess a penalty
 10 10 upon the same hearing and notice as prescribed in
 10 11 subsection 1 as follows:
 10 12    Sec.    .  Section 453A.36, subsection 6, Code
 10 13 1995, is amended to read as follows:
 10 14    6.  Any sales of cigarettes or tobacco products
 10 15 made through a cigarette vending machine are subject
 10 16 to rules and penalties relative to retail sales of
 10 17 cigarettes and tobacco products provided for in this
 10 18 chapter.  No cigarettes shall be sold through any
 10 19 cigarette vending machine unless the cigarettes have
 10 20 been properly stamped or metered as provided by this
 10 21 division, and in case of violation of this provision,
 10 22 the permit of the dealer authorizing retail sales of
 10 23 cigarettes shall be canceled.  Payment of the license
 10 24 fee as provided in section 453A.13 authorizes a
 10 25 cigarette vendor to sell cigarettes or tobacco
 10 26 products through vending machines, provided that the
 10 27 following conditions are met:  the machines are
 10 28 located in places where the machines are under the
 10 29 supervision of a person of legal age who is
 10 30 responsible for prevention of purchase by minors from
 10 31 the machines; the machines are equipped with a lock-
 10 32 out device under the control of a person of legal age
 10 33 who shall directly regulate the sale of items through
 10 34 the machines, and which shall include a mechanism to
 10 35 prevent the machines from functioning if the power
 10 36 source for the lock-out device fails or if the lock-
 10 37 out device is disabled, and a mechanism to ensure that
 10 38 only one pack of cigarettes or one tobacco product is
 10 39 dispensed at a time; and the location where the
 10 40 machines are placed is covered by a local retail
 10 41 permit.  However, a lock-out device is not required
 10 42 for machines operated in the following locations, if
 10 43 the machines are not to be placed in a doorway or
 10 44 other area readily accessible to minors:  a commercial
 10 45 establishment holding a class "C" liquor license or a
 10 46 class "B" beer permit under chapter 123, if the
 10 47 establishment is not also licensed as a food service
 10 48 establishment under chapter 137B; a private facility
 10 49 not open to the public; or a workplace not open to the
 10 50 public.  Cigarettes or tobacco products shall not be
 11  1 sold through a vending machine unless the vending
 11  2 machine is located in a bar and unless the vending
 11  3 machine is placed behind the counter from which
 11  4 alcoholic beverages are served or in another location
 11  5 in the bar which is not accessible to the public.  For
 11  6 the purposes of this subsection, "bar" means bar as
 11  7 defined in section 142B.1.  This section does not
 11  8 require a retail licensee to buy a cigarette vendor's
 11  9 permit if the retail licensee is in fact the owner of
 11 10 the cigarette vending machines and the machines are
 11 11 operated in the location described in the retail
 11 12 permit."
 11 13    #3.  Page 1, line 11, by striking the word
 11 14 "subsection" and inserting the following:
 11 15 "subsections".
 11 16    #4.  Page 1, by inserting after line 11 the
 11 17 following:
 11 18    "NEW SUBSECTION.  8.  It is unlawful for any
 11 19 manufacturer, distributor, wholesaler, retailer,
 11 20 distributing agent, or agent thereof to advertise on
 11 21 any advertising device cigarettes or other tobacco
 11 22 products within one thousand feet of any playground,
 11 23 school, high school, or other facility when such
 11 24 facility is being used primarily by persons under age
 11 25 eighteen for recreational, educational, or other
 11 26 purposes.  A manufacturer, distributor, wholesaler,
 11 27 retailer, distributing agent, or agent thereof who
 11 28 violates this subsection is guilty of a serious
 11 29 misdemeanor."
 11 30    #5.  Page 1, by inserting after line 18 the
 11 31 following:
 11 32    "Sec.    .  Section 453A.56, Code 1995, is amended
 11 33 to read as follows:
 11 34    453A.56  UNIFORM APPLICATION.
 11 35    Enforcement of this chapter shall be implemented in
 11 36 an equitable manner throughout the state.  For the
 11 37 purpose of equitable and uniform implementation,
 11 38 application, and enforcement of state and local laws
 11 39 and regulations, the provisions of this chapter shall
 11 40 supersede any local law or regulation which is
 11 41 inconsistent with or conflicts with the provisions of
 11 42 this chapter, unless the local law or regulation is
 11 43 more restrictive in application in which case the more
 11 44 restrictive portion of the local law or regulation
 11 45 shall supersede any inconsistent or conflicting
 11 46 provision of this chapter.  This section and any other
 11 47 provision in this chapter shall not prohibit the
 11 48 imposition of a local option cigarette and tobacco tax
 11 49 under chapter 422B.
 11 50    #   .  Page 3, by inserting after line 21 the
 12  1 following:
 12  2    "Sec.    .  Section 453A.39, Code 1995, is
 12  3 repealed.
 12  4    Sec.    .  Section 101 of this Act, relating to the
 12  5 recovery of medical assistance expenditures due to
 12  6 smoking, being deemed of immediate importance, takes
 12  7 effect upon enactment.
 12  8    Sec.    .  RETROACTIVE APPLICABILITY.  The state
 12  9 may recover, pursuant to section 249A.30, in addition
 12 10 to any subsequent damages, any applicable damages
 12 11 incurred within the two years preceding the date of
 12 12 enactment of section 249A.30 of this Act."
 12 13    #   .  Title page, by striking line 6 and inserting
 12 14 the following:  "substances; providing funding for
 12 15 enforcement and education purposes relating to
 12 16 cigarettes and tobacco products by allowing a local
 12 17 option cigarette and tobacco tax; providing penalties,
 12 18 establishing civil penalties, making penalties
 12 19 applicable, providing an effective date, and providing
 12 20 a repeal.""
 12 21    #6.  By renumbering as necessary.  
 12 22 
 12 23 
 12 24                              
 12 25 BRAMMER of Linn
 12 26 HF 2454.302 76
 12 27 pf/cf

Text: H05501                            Text: H05503
Text: H05500 - H05599                   Text: H Index
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