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Text: HSB00032                          Text: HSB00034
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House Study Bill 33

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 453A.13, subsection 3, Code 1995, is
  1  2 amended to read as follows:
  1  3    3.  FEES &endash; EXPIRATION.  All permits provided for in this
  1  4 division shall expire on June 30 of each year.  A permit shall
  1  5 not be granted or issued until the applicant has paid for the
  1  6 period ending June 30 next, to the department or the city or
  1  7 county granting the permit, the fees provided for in this
  1  8 division.  The annual state permit fee for a distributor,
  1  9 cigarette vendor, and wholesaler is one hundred dollars when
  1 10 the permit is granted during the months of July, August, or
  1 11 September.  However, whenever a state permit holder operates
  1 12 more than one place of business, a duplicate state permit
  1 13 shall be issued for each additional place of business on
  1 14 payment of five dollars for each duplicate state permit, but
  1 15 refunds as provided in this division do not apply to any
  1 16 duplicate permit issued.
  1 17    The minimum fee schedule for retail permits is as follows
  1 18 when the permit is granted during the months of July, August,
  1 19 or September:
  1 20    a.  In places outside any city, fifty dollars.
  1 21    b.  In cities of less than fifteen thousand population,
  1 22 seventy-five dollars.
  1 23    c.  In cities of fifteen thousand or more population, one
  1 24 hundred dollars.
  1 25    If any permit is granted during the months of October,
  1 26 November, or December, the fee shall be three-fourths of the
  1 27 above maximum schedule annual fee; if granted during the
  1 28 months of January, February, or March, one-half of the maximum
  1 29 schedule annual fee, and if granted during the months of
  1 30 April, May, or June, one-fourth of the maximum schedule annual
  1 31 fee.
  1 32    The city or county may establish fees above the minimum fee
  1 33 schedule.  All retail permit fees above the minimum fee
  1 34 schedule shall be retained by the city or county imposing the
  1 35 extra fee and shall be used by the state, city, or county for
  2  1 the exclusive purpose of enforcing section 453A.2.
  2  2    Sec. 2.  Section 453A.56, Code 1995, is amended to read as
  2  3 follows:
  2  4    453A.56  UNIFORM APPLICATION.
  2  5    1.  Enforcement of this chapter shall be implemented in an
  2  6 equitable manner throughout the state.  For the purpose of
  2  7 equitable and uniform implementation, application, and
  2  8 enforcement of state and local laws and regulations, the
  2  9 provisions of this chapter shall supersede any local law or
  2 10 regulation which is inconsistent with or conflicts with the
  2 11 provisions of this chapter.
  2 12    2.  Notwithstanding subsection 1, a city or county may
  2 13 establish fees for retail cigarette permits which are in
  2 14 excess of the minimum fee schedule established pursuant to
  2 15 section 453A.13.  
  2 16                           EXPLANATION
  2 17    This bill authorizes city and county governments to
  2 18 increase retail permit fees above the existing fee schedule
  2 19 for the purposes of enforcing laws regarding tobacco sales to
  2 20 persons under legal age.
  2 21    Section 1 modifies the current retail fee schedule to allow
  2 22 the city and county governments to increase fees to fund
  2 23 enforcement of under-aged tobacco purchase laws.
  2 24    Section 2 amends the uniform application provision of the
  2 25 cigarette and tobacco taxes chapter to enable local government
  2 26 discretion in increasing retail permit fees.  
  2 27                      BACKGROUND STATEMENT
  2 28                     SUBMITTED BY THE AGENCY
  2 29    Youth access and use of cigarette and other tobacco
  2 30 products continue to be a major health concern.  Over 90
  2 31 percent of all current adult smokers started using tobacco
  2 32 products before the legal age of 18.  A recent Iowa department
  2 33 of public health study illustrated that teens aged 12-16 were
  2 34 successful in their efforts to purchase tobacco products about
  2 35 half of the time.  This dismal statistic demonstrates the lack
  3  1 of effective enforcement of current youth tobacco access laws.
  3  2    The state substance abuse prevention and treatment block
  3  3 grant requires that Iowa develop strategies to improve our
  3  4 compliance with youth access laws.  If states fail to make
  3  5 significant progress towards reducing youth access, the United
  3  6 States secretary of health and human services may withhold up
  3  7 to 10 percent of the block grant funds the first year, which
  3  8 may ultimately result in a 40 percent annual loss in a four-
  3  9 year period.  Iowa potentially stands to lose approximately
  3 10 $43 million over the next four years.
  3 11    This bill would provide city and county officials with the
  3 12 opportunity to fund enhanced local enforcement of youth access
  3 13 laws with moneys generated from increases on retail tobacco
  3 14 sales permits.  Numerous studies suggest that increased
  3 15 enforcement can significantly influence compliance rates.  
  3 16 LSB 1242DP 76
  3 17 pf/jj/8
     

Text: HSB00032                          Text: HSB00034
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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