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PAG LIN 1 1 Amend the amendment, H-5541, to Senate File 2448, 1 2 as amended, passed, and reprinted by the the Senate, 1 3 as follows: 1 4 #1. Page 1, by striking line 5 and inserting the 1 5 following: 1 6 ""DIVISION I 1 7 DEPARTMENT APPROPRIATIONS 1 8 Section 1. DEPARTMENT FOR THE BLIND. There is". 1 9 #2. Page 20, by inserting after line 14 the 1 10 following: 1 11 "DIVISION II 1 12 IOWA CODE AMENDMENTS". 1 13 #3. Page 22, by inserting after line 31 the 1 14 following: 1 15 "DIVISION III 1 16 CIGARETTE AND TOBACCO PRODUCT 1 17 HEALTH IMPACT AND SALE RESTRICTION 1 18 Sec. . Section 142B.6, Code 1995, is amended to 1 19 read as follows: 1 20 142B.6 CIVIL PENALTY FOR VIOLATION –UNIFORM1 21APPLICATIONENFORCEMENT. 1 22 A person who smokes in those areas prohibited in 1 23 section 142B.2, or who violates section 142B.4, shall 1 24 pay a civil fine pursuant to section 805.8, subsection 1 25 11, for each violation. 1 26 Judicial magistrates shall hear and determine 1 27 violations of this chapter. The civil penalties paid 1 28 pursuant to this chapter shall be deposited in the 1 29 county treasury. 1 30Enforcement of this chapter shall be implemented in1 31an equitable manner throughout the state. For the1 32purpose of equitable and uniform implementation,1 33application, and enforcement of state and local laws1 34and regulations, the provisions of this chapter shall1 35supersede any local law or regulation which is1 36inconsistent with or conflicts with the provisions of1 37this chapter.The Iowa department of public health 1 38 shall adopt rules to enforce this chapter. 1 39 Sec. . NEW SECTION. 142C.1 LEGISLATIVE 1 40 FINDINGS – CIGARETTE AND TOBACCO PRODUCTS. 1 41 Following an analysis of data regarding cigarettes 1 42 and tobacco products and the addictive nature of the 1 43 nicotine contained in these products which was 1 44 provided by the Iowa department of public health, the 1 45 United States environmental protection agency, the 1 46 United States public health service, the world health 1 47 organization, the American cancer society, the 1 48 American heart association, the American lung 1 49 association, the American medical association, the 1 50 American dental association, the American public 2 1 health association, the national cancer institute, and 2 2 the international agency for research on cancer, the 2 3 general assembly finds and declares all of the 2 4 following: 2 5 1. That cigarettes and tobacco products, with 2 6 their inherent and supplemented quantities of 2 7 nicotine, are highly addictive and that use of these 2 8 products threatens the health and lives of Iowans. 2 9 2. That environmental tobacco smoke is a group A 2 10 carcinogen known to cause lung cancer in nonsmokers as 2 11 well as in smokers. 2 12 3. That tobacco and resultant environmental 2 13 tobacco smoke are the highest causative agents in 2 14 increased mortality and morbidity in the state. 2 15 4. That the federal Americans with Disabilities 2 16 Act specifies that persons sensitive to tobacco smoke, 2 17 including persons with asthma, are "handicapped 2 18 persons" and that businesses are required to make 2 19 reasonable accommodations to allow handicapped persons 2 20 access to offices and workplaces. 2 21 5. That a principal manufacturer of tobacco 2 22 products has admitted to these findings, has agreed to 2 23 a financial settlement based upon the damage caused by 2 24 the effects of these products, and has agreed to limit 2 25 advertising in accordance with the limitations 2 26 established by the United States environmental 2 27 protection agency. 2 28 6. That based upon all of the above, the general 2 29 assembly declares the use of cigarettes and tobacco 2 30 products to be an immediate health emergency of 2 31 epidemic proportions and a menace as an entry-level 2 32 drug in the youth population of the state and will 2 33 enact legislation to address this public health 2 34 problem. 2 35 Sec. . NEW SECTION. 249A.30 RECOVERY OF 2 36 MEDICAL ASSISTANCE EXPENDITURE – CIGARETTE AND 2 37 TOBACCO PRODUCTS – RELATED MEDICAL EXPENSES BY 2 38 RESIDENT RECIPIENTS. 2 39 1. Notwithstanding chapter 668, the attorney 2 40 general shall institute a civil action on behalf of 2 41 the state against any manufacturer of cigarettes or 2 42 other tobacco products to recover the full amount of 2 43 medical assistance provided by the state to a resident 2 44 of the state for the payment of medical services which 2 45 are reasonably attributable to the use of cigarettes 2 46 or tobacco products and all reasonable expenses 2 47 associated with instituting the action. 2 48 2. In determining liability in an action under 2 49 this section, all of the following shall apply: 2 50 a. Any manufacturer of cigarettes or other tobacco 3 1 products shall be strictly liable for the medical 3 2 expenses reasonably attributable to the use of the 3 3 manufacturer's product, without regard to any 3 4 negligence, intent, warnings, or other conduct or 3 5 knowledge on the part of the manufacturer. 3 6 b. The state may recover medical expenses, without 3 7 regard to the defenses of assumption of the risk, 3 8 contributory or comparative negligence, or other 3 9 defenses which might be asserted. 3 10 c. Any action instituted by the attorney general 3 11 is independent of any rights or causes of action of 3 12 any individual. 3 13 3. In determining the extent of the liability of 3 14 any manufacturer under this section, the court shall 3 15 apply the following evidentiary presumptions: 3 16 a. The ratio of the expenses attributable to the 3 17 use of cigarettes or tobacco products produced by any 3 18 manufacturer to the expenses of all manufacturers is 3 19 presumed to be equivalent to the ratio of the sales by 3 20 the manufacturer within the state during the most 3 21 recent year for which data are available to the sales 3 22 of all manufacturers for that year. 3 23 b. The medical expenses for individuals 3 24 attributable to the use of cigarettes or tobacco 3 25 products shall be based on reliable estimates for the 3 26 class of persons affected, rather than proof of the 3 27 cause of expenses in the case of any particular 3 28 individual. 3 29 c. Estimates of medical expenses shall be based on 3 30 epidemiological, scientific, survey, and other data, 3 31 determined by the director of public health to be 3 32 reliable and reasonably available. The Iowa 3 33 department of public health shall adopt rules to 3 34 specify the methodology for making the estimates in 3 35 any action under this section. 3 36 d. A defendant shall have the opportunity to rebut 3 37 any presumption by clear and convincing evidence, 3 38 provided that the court shall take reasonable steps to 3 39 ensure that determination of damages is concluded in a 3 40 timely and expeditious manner and that no party to the 3 41 action is permitted to unduly delay the conclusion of 3 42 the action. 3 43 4. For the purposes of this section, "cigarette" 3 44 and "tobacco products" mean cigarette and tobacco 3 45 products as defined in section 453A.1. 3 46 Sec. . Section 453A.1, subsections 3 and 4, 3 47 Code 1995, are amended by striking the subsections. 3 48 Sec. . Section 453A.2, Code 1995, is amended by 3 49 adding the following new subsection: 3 50 NEW SUBSECTION. 5. A violation of subsection 1 is 4 1 a violation of section 714.16, subsection 2, paragraph 4 2 "a". 4 3 Sec. . Section 453A.3, unnumbered paragraph 1, 4 4 Code 1995, is amended to read as follows: 4 5 A person who violates section 453A.2, subsection 1, 4 6or section 453A.39is guilty of a simple misdemeanor. 4 7 Sec. . Section 453A.13, subsections 1 and 2, 4 8 Code 1995, are amended to read as follows: 4 9 1. PERMITS REQUIRED. Every distributor, 4 10 wholesaler, cigarette vendor,and retailer, now 4 11 engaged or who desires to become engaged in the sale 4 12 or use of cigarettes, upon which a tax is required to 4 13 be paid, shall obtain a state or retail cigarette 4 14 permit as a distributor, wholesaler,cigarette vendor,4 15 or retailer, as the case may be. 4 16 2. ISSUANCE OR DENIAL. 4 17 a. The department shall issue state permits to 4 18 distributors,and wholesalers, and cigarette vendors4 19 subject to the conditions provided in this division. 4 20 Cities may issue retail permits to dealers within 4 21 their respective limits. County boards of supervisors 4 22 may issue retail permits to dealers in their 4 23 respective counties, outside of the corporate limits 4 24 of cities. 4 25 b. The department may deny the issuance of a 4 26 permit to a distributor, wholesaler,vendoror 4 27 retailer who is substantially delinquent in the 4 28 payment of a tax due, or the interest or penalty on 4 29 the tax, administered by the department at the time of 4 30 application. If the applicant is a partnership, a 4 31 permit may be denied if a partner is substantially 4 32 delinquent on any delinquent tax, penalty or interest. 4 33 If the applicant is a corporation, a permit may be 4 34 denied if any officer having a substantial legal or 4 35 equitable interest in the ownership of the corporation 4 36 owes any delinquent tax, interest or penalty of the 4 37 applicant corporation. 4 38 Sec. . Section 453A.13, subsection 3, 4 39 unnumbered paragraph 1, Code 1995, is amended to read 4 40 as follows: 4 41 All permits provided for in this division shall 4 42 expire on June 30 of each year. A permit shall not be 4 43 granted or issued until the applicant has paid for the 4 44 period ending June 30 next, to the department or the 4 45 city or county granting the permit, the fees provided 4 46 for in this division. The annual state permit fee for 4 47 a distributor, cigarette vendor,and wholesaler is one 4 48 hundred dollars when the permit is granted during the 4 49 months of July, August, or September. However, 4 50 whenever a state permit holder operates more than one 5 1 place of business, a duplicate state permit shall be 5 2 issued for each additional place of business on 5 3 payment of five dollars for each duplicate state 5 4 permit, but refunds as provided in this division do 5 5 not apply to any duplicate permit issued. 5 6 Sec. . Section 453A.13, subsection 6, Code 5 7 1995, is amended to read as follows: 5 8 6. NO SALES WITHOUT PERMIT. No distributor, 5 9 wholesaler,cigarette vendor,or retailer shall sell 5 10 any cigarettes until such application has been filed 5 11 and the fee prescribed paid for a permit and until 5 12 such permit is obtained and only while such permit is 5 13 unrevoked and unexpired. 5 14 Sec. . Section 453A.22, subsection 2, 5 15 unnumbered paragraph 1, Code 1995, is amended to read 5 16 as follows: 5 17 If a retailer or employee of a retailer has 5 18 violated section 453A.2,or 453A.36, subsection 6,or5 19453A.39,the department or local authority, in 5 20 addition to the other penalties fixed for such 5 21 violations in this section, shall assess a penalty 5 22 upon the same hearing and notice as prescribed in 5 23 subsection 1 as follows: 5 24 Sec. . Section 453A.22, subsection 2, 5 25 unnumbered paragraph 1, Code 1995, is amended to read 5 26 as follows: 5 27 If a retailer or employee of a retailer has 5 28 violated section 453A.2,or 453A.36, subsection 6,or5 29453A.398, or 9, the department or local authority, in 5 30 addition to the other penalties fixed for such 5 31 violations in this section, shall assess a penalty 5 32 upon the same hearing and notice as prescribed in 5 33 subsection 1 as follows: 5 34 Sec. . Section 453A.36, subsection 6, Code 5 35 1995, is amended by striking the subsection and 5 36 inserting in lieu thereof the following: 5 37 6. a. A person shall not sell cigarettes or 5 38 tobacco products through a vending machine or through 5 39 self-service displays in this state. 5 40 b. A manufacturer, distributor, wholesaler, 5 41 retailer, distributing agent or agent thereof shall 5 42 not give away cigarettes or tobacco products at any 5 43 time in connection with the manufacturer's, 5 44 distributor's, wholesaler's, retailers', distributing 5 45 agent's or agent's thereof promotion of the business 5 46 or product. 5 47 c. It is unlawful for any manufacturer, 5 48 distributor, wholesaler, retailer, distributing agent 5 49 or agent thereof to advertise on any advertising 5 50 device cigarettes or other tobacco products within one 6 1 thousand feet of any playground, elementary school, 6 2 middle school, high school, or other facility when 6 3 such facility is being used primarily by persons under 6 4 age eighteen for recreational, educational, or other 6 5 purposes. 6 6 d. A manufacturer, distributor, wholesaler, 6 7 retailer, distributing agent or agent thereof shall 6 8 not advertise cigarettes or tobacco products on 6 9 advertising devices in this state, no matter where 6 10 located, including but not limited to advertising 6 11 devices located on public transportation or at the 6 12 point-of-sale, shall be in black and white text only. 6 13 e. A manufacturer, distributor, wholesaler, 6 14 retailer, distributing agent or agent thereof shall 6 15 not sell or distribute in this state promotional items 6 16 and prizes, including but not limited to caps, T- 6 17 shirts, and bags, which bear the logo or name of a 6 18 cigarette or tobacco product, and shall not utilize 6 19 proof-of-purchase exchanges for cigarettes or other 6 20 tobacco products in this state. 6 21 f. Any cigarettes or tobacco products or related 6 22 items sold or distributed in this state are subject to 6 23 all of the following, as applicable: 6 24 (1) All sales of cigarettes and tobacco products 6 25 shall be made in face-to-face sales, and age 6 26 verification shall be required for each sale. 6 27 (2) All cigarettes and tobacco products shall be 6 28 located behind a counter or in another location which 6 29 is under the exclusive control of the seller and which 6 30 is not directly accessible to the general public. 6 31 g. In addition to any other penalty which applies 6 32 to a violation of this subsection, any person, as 6 33 specified in this subsection, who violates this 6 34 subsection, is guilty of a serious misdemeanor. 6 35 Sec. . Section 453A.42, subsection 8, Code 6 36 1995, is amended to read as follows: 6 37 8. "Place of business" means any place where 6 38 tobacco products are sold or where tobacco products 6 39 are manufactured, stored, or kept for the purpose of 6 40 sale or consumption, including any vessel, vehicle, 6 41 airplane, or train, or vending machine. 6 42 Sec. . Section 453A.56, Code 1995, is amended 6 43 to read as follows: 6 44 453A.56 UNIFORM APPLICATION. 6 45 Enforcement of this chapter shall be implemented in 6 46 an equitable manner throughout the state. For the 6 47 purpose of equitable and uniform implementation, 6 48 application, and enforcement of state and local laws 6 49 and regulations, the provisions of this chapter shall 6 50 supersede any local law or regulation which is 7 1 inconsistent with or conflicts with the provisions of 7 2 this chapter, unless the local law or regulation is 7 3 more restrictive in application in which case the more 7 4 restrictive portion of the local law or regulation 7 5 shall supersede any inconsistent or conflicting 7 6 provision of this chapter. This section and any other 7 7 provision in this chapter shall not prohibit the 7 8 imposition of a local option cigarette and tobacco tax 7 9 under chapter 422B. 7 10 Sec. . NEW SECTION. 453A.57 IOWA DO NOT 7 11 START-STOP SMOKING FUND ESTABLISHED. 7 12 1. An Iowa do not start-stop smoking fund is 7 13 created within the state treasury under the control of 7 14 the Iowa department of public health. Moneys received 7 15 by the department from the proceeds of any tobacco 7 16 company settlement with the state of Iowa shall be 7 17 deposited in the state treasury to the credit of the 7 18 fund and are appropriated for the purposes specified 7 19 in this section. Notwithstanding section 8.33, any 7 20 unexpended balance in the fund at the end of each 7 21 fiscal year shall be retained in the fund. Any 7 22 interest and earnings on investments from money in the 7 23 fund shall be credited to the fund, section 12C.7 7 24 notwithstanding. 7 25 2. The Iowa department of public health shall 7 26 develop and implement a do not start-stop smoking 7 27 education campaign to educate minors and others about 7 28 the hazards of using cigarettes and tobacco products. 7 29 Sec. . Section 453A.39, Code 1995, is repealed. 7 30 Sec. . EFFECTIVE DATE. Section 249A.30, as 7 31 enacted by this Act, relating to the recovery of 7 32 medical assistance expenditures due to smoking, being 7 33 deemed of immediate importance, takes effect upon 7 34 enactment. 7 35 Sec. . RETROACTIVE APPLICABILITY. The state 7 36 may recover, pursuant to section 249A.30, in addition 7 37 to any subsequent damages, any applicable damages 7 38 incurred within the two years preceding the date of 7 39 enactment of section 249A.30 of this Act." 7 40 #4. Page 22, by inserting after line 28 the 7 41 following: 7 42 "# . Title page, line 1, by inserting after the 7 43 words "relating to" the following: "health matters". 7 44 # . Title page, line 6, by inserting after the 7 45 word "affairs," the following: "providing 7 46 penalties,"." 7 47 #5. By renumbering as necessary. 7 48 7 49 7 50 8 1 BRAMMER of Linn 8 2 SF 2448.717 76 8 3 rn/sc
Text: H05716 Text: H05718 Text: H05700 - H05799 Text: H Index Bills and Amendments: General Index Bill History: General Index
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