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PAG LIN 1 1 Section 1. Section 142B.1, subsection 3, Code 1995, is 1 2 amended to read as follows: 1 3 3. "Public place" means any enclosed indoor area used by 1 4 the general public or serving as a place of work containing 1 5 two hundred fifty or more square feet of floor space, 1 6 including, but not limited to, all restaurants with a seating 1 7 capacity greater than fifty, all retail stores, lobbies and 1 8 malls, offices, including waiting rooms, and other commercial 1 9 establishments; public conveyances with departures, travel, 1 10 and destination entirely within this state; educational 1 11 facilities; hospitals, clinics, nursing homes, and other 1 12 health care and medical facilities; child day care facilities 1 13 as defined in section 237A.1; and auditoriums, elevators, 1 14 theaters, libraries, art museums, concert halls, indoor 1 15 arenas, and meeting rooms. "Public place" does not include a 1 16 retail store at which fifty percent or more of the sales 1 17 result from the sale of tobacco or tobacco products, the 1 18 portion of a retail store where tobacco or tobacco products 1 19 are sold, a private, enclosed office occupied exclusively by 1 20 smokers even though the office may be visited by nonsmokers, a 1 21 room used primarily as the residence of students or other 1 22 persons at an educational facility, a sleeping room in a motel 1 23 or hotel, or each resident's room in a health care facility. 1 24 The person in custody or control of the facility shall provide 1 25 a sufficient number of rooms in which smoking is not permitted 1 26 to accommodate all persons who desire such rooms. 1 27 Sec. 2. Section 142B.2, subsection 1, Code 1995, is 1 28 amended to read as follows: 1 29 1. a.ABeginning July 1, 1999, a person shall not smoke 1 30 in a public place or in a public meetingexcept in a1 31designated smoking area. This prohibition does not apply in 1 32 cases in which an entire room or hall is used for a private 1 33 social function and seating arrangements are under the control 1 34 of the sponsor of the function and not of the proprietor or 1 35 person in charge of the place. This prohibition does not 2 1 apply to factories, warehouses, and similar places of work not 2 2 usually frequented by the general public, except that an 2 3 employee cafeteria in such place of work shall have a 2 4 designated nonsmoking area. 2 5 b. Where smoking areas are designated, existing physical 2 6 barriers and existing ventilation systems shall be used to 2 7 minimize the toxic effect of smoke in adjacent nonsmoking 2 8 areas. 2 9 c. If a bar has within its premises a nonsmoking area, 2 10 this designation shall be posted on all entrances normally 2 11 used by the public. 2 12 Sec. 3. Section 142B.2, subsections 2, 3, and 4, Code 2 13 1995, are amended by striking the subsections. 2 14 Sec. 4. Section 142B.6, unnumbered paragraph 1, Code 1995, 2 15 is amended to read as follows: 2 16 A person who smokes in those areas prohibited in section 2 17 142B.2, or who violates section 142B.4,shall pay a civil fine 2 18 pursuant to section 805.8, subsection 11 for each violation. 2 19 Sec. 5. Section 142B.6, unnumbered paragraph 3, Code 1995, 2 20 is amended to read as follows: 2 21 Enforcement of this chapter shall be implemented in an 2 22 equitable manner throughout the state. For the purpose of 2 23 equitable and uniform implementation, application, and 2 24 enforcement of state and local laws and regulations, the 2 25 provisions of this chapter shall supersede any local law or 2 26 regulation which is inconsistent with or conflicts with the 2 27 provisions of this chapter, unless the local law or regulation 2 28 is more restrictive in application, in which case the more 2 29 restrictive portion of the local law or regulation shall 2 30 supersede any inconsistent or conflicting provision of this 2 31 chapter. 2 32 Sec. 6. Section 142B.6, Code 1995, is amended by adding 2 33 the following new unnumbered paragraph: 2 34 NEW UNNUMBERED PARAGRAPH. The Iowa department of public 2 35 health shall adopt rules to administer this chapter. 3 1 Sec. 7. Section 453A.1, subsections 3 and 4, Code 1995, 3 2 are amended by striking the subsections. 3 3 Sec. 8. Section 453A.3, unnumbered paragraph 1, Code 1995, 3 4 is amended to read as follows: 3 5 A person who violates section 453A.2, subsection 1,or3 6section 453A.39is guilty of a simple misdemeanor. 3 7 Sec. 9. Section 453A.13, subsections 1 and 2, Code 1995, 3 8 are amended to read as follows: 3 9 1. PERMITS REQUIRED. Every distributor, wholesaler,3 10cigarette vendor,and retailer, now engaged or who desires to 3 11 become engaged in the sale or use of cigarettes, upon which a 3 12 tax is required to be paid, shall obtain a state or retail 3 13 cigarette permit as a distributor, wholesaler,cigarette3 14vendor,or retailer, as the case may be. 3 15 2. ISSUANCE OR DENIAL. 3 16 a. The department shall issue state permits to 3 17 distributors,and wholesalers, and cigarette vendorssubject 3 18 to the conditions provided in this division. Cities may issue 3 19 retail permits to dealers within their respective limits. 3 20 County boards of supervisors may issue retail permits to 3 21 dealers in their respective counties, outside of the corporate 3 22 limits of cities. 3 23 b. The department may deny the issuance of a permit to a 3 24 distributor, wholesaler,vendoror retailer who is 3 25 substantially delinquent in the payment of a tax due, or the 3 26 interest or penalty on the tax, administered by the department 3 27 at the time of application. If the applicant is a 3 28 partnership, a permit may be denied if a partner is 3 29 substantially delinquent on any delinquent tax, penalty or 3 30 interest. If the applicant is a corporation, a permit may be 3 31 denied if any officer having a substantial legal or equitable 3 32 interest in the ownership of the corporation owes any 3 33 delinquent tax, interest or penalty of the applicant 3 34 corporation. 3 35 Sec. 10. Section 453A.13, subsection 3, unnumbered 4 1 paragraph 1, Code 1995, is amended to read as follows: 4 2 All permits provided for in this division shall expire on 4 3 June 30 of each year. A permit shall not be granted or issued 4 4 until the applicant has paid for the period ending June 30 4 5 next, to the department or the city or county granting the 4 6 permit, the fees provided for in this division. The annual 4 7 state permit fee for a distributor, cigarette vendor,and 4 8 wholesaler is one hundred dollars when the permit is granted 4 9 during the months of July, August, or September. However, 4 10 whenever a state permit holder operates more than one place of 4 11 business, a duplicate state permit shall be issued for each 4 12 additional place of business on payment of five dollars for 4 13 each duplicate state permit, but refunds as provided in this 4 14 division do not apply to any duplicate permit issued. 4 15 Sec. 11. Section 453A.13, subsection 6, Code 1995, is 4 16 amended to read as follows: 4 17 6. NO SALES WITHOUT PERMIT. No distributor, wholesaler, 4 18cigarette vendor,or retailer shall sell any cigarettes until 4 19 such application has been filed and the fee prescribed paid 4 20 for a permit and until such permit is obtained and only while 4 21 such permit is unrevoked and unexpired. 4 22 Sec. 12. Section 453A.22, subsection 2, unnumbered 4 23 paragraph 1, Code 1995, is amended to read as follows: 4 24 If a retailer or employee of a retailer has violated 4 25 section 453A.2,or section 453A.36, subsection 6,or 453A.39,4 26 the department or local authority, in addition to the other 4 27 penalties fixed for such violations in this section, shall 4 28 assess a penalty upon the same hearing and notice as 4 29 prescribed in subsection 1 as follows: 4 30 Sec. 13. Section 453A.36, subsection 6, Code 1995, is 4 31 amended by striking the subsection and inserting in lieu 4 32 thereof the following: 4 33 6. a. A person shall not sell cigarettes or tobacco 4 34 products through a vending machine or through self-service 4 35 displays in this state and a person shall not give away 5 1 cigarettes or tobacco products at any time in this state. Any 5 2 cigarettes or tobacco products or related items sold or 5 3 distributed in this state are subject to all of the following, 5 4 as applicable: 5 5 (1) All sales of cigarettes and tobacco products shall be 5 6 made in face-to-face sales and age verification shall be 5 7 required for each sale. 5 8 (2) Single cigarettes shall not be sold and packages of 5 9 cigarettes shall not be sold unless the package contains 5 10 twenty or more cigarettes. 5 11 (3) Cigarettes and tobacco products shall not be purchased 5 12 or provided through mail order in this state. 5 13 (4) Promotional items, including but not limited to caps, 5 14 T-shirts, and bags, which bear the logo or name of a cigarette 5 15 or tobacco product, shall not be sold or distributed in this 5 16 state and proof of purchase exchanges for cigarettes or other 5 17 tobacco products are prohibited in this state. 5 18 b. A person who violates this subsection is guilty of a 5 19 serious misdemeanor. 5 20 Sec. 14. NEW SECTION. 453A.36A CIGARETTES AND OTHER 5 21 TOBACCO PRODUCTS &endash; ADVERTISING, PROMOTIONAL LIMITATIONS. 5 22 1. It is unlawful for any person to advertise on any 5 23 advertising device cigarettes or other tobacco products within 5 24 one thousand feet of any playground, school, high school, or 5 25 other facility when such facility is being used primarily by 5 26 persons under age eighteen for recreational, educational, or 5 27 other purposes. 5 28 2. Any advertising of cigarettes or tobacco products on 5 29 advertising devices in this state, no matter where located, 5 30 including but not limited to advertising devices located on 5 31 public transportation or at the point-of-sale, shall be in 5 32 black and white text only. 5 33 3. Use of the brand name or logo of a cigarette or tobacco 5 34 product shall not be used in the promotion of any sport or 5 35 entertainment event held in this state. However, the 6 1 corporate name of a manufacturer, distributor, wholesaler, 6 2 retailer, or distributing agent may be used in the promotion 6 3 of such an event. 6 4 4. A person who violates this section is guilty of a 6 5 serious misdemeanor. 6 6 Sec. 15. Section 453A.56, Code 1995, is amended to read as 6 7 follows: 6 8 453A.56 UNIFORM APPLICATION. 6 9 Enforcement of this chapter shall be implemented in an 6 10 equitable manner throughout the state. For the purpose of 6 11 equitable and uniform implementation, application, and 6 12 enforcement of state and local laws and regulations, the 6 13 provisions of this chapter shall supersede any local law or 6 14 regulation which is inconsistent with or conflicts with the 6 15 provisions of this chapter, unless the local law or regulation 6 16 is more restrictive in application in which case the more 6 17 restrictive portion of the local law or regulation shall 6 18 supersede any inconsistent or conflicting provision of this 6 19 chapter. 6 20 Sec. 16. NEW SECTION. 453A.57 CIGARETTE AND TOBACCO 6 21 PRODUCT EDUCATION CAMPAIGN FUND ESTABLISHED. 6 22 1. A cigarette and tobacco product education campaign fund 6 23 is created within the state treasury under the control of the 6 24 Iowa department of public health. Moneys received by the 6 25 department from fees collected and designated for this purpose 6 26 shall be deposited in the state treasury to the credit of the 6 27 fund and are appropriated for the purposes specified in this 6 28 section. Notwithstanding section 8.33, any unexpended balance 6 29 in the fund at the end of each fiscal year shall be retained 6 30 in the fund. Any interest and earnings on investments from 6 31 money in the fund shall be credited to the fund, section 12C.7 6 32 notwithstanding. 6 33 2. Every manufacturer, distributor, distributing agent, 6 34 wholesaler, retailer, or subjobber who engages in the sale, 6 35 distribution, or use of cigarettes or tobacco products in this 7 1 state, upon which a tax is required to be paid, and who is 7 2 required to obtain a permit or license, shall pay, in addition 7 3 to any fee for a permit, a fee of one hundred dollars at the 7 4 time of application for a permit or license. If a state 7 5 permit holder operates more than one place of business, the 7 6 fee shall only be paid at the time of the initial application 7 7 for a permit or license. The moneys collected shall be 7 8 deposited in the cigarette and tobacco product education 7 9 campaign fund created in this section. 7 10 3. The Iowa department of public health shall develop and 7 11 administer a cigarette and tobacco product education campaign 7 12 to educate minors and others about the hazards of using 7 13 cigarettes and tobacco products. 7 14 Sec. 17. Section 453A.42, subsection 8, Code 1995, is 7 15 amended to read as follows: 7 16 8. "Place of business" means any place where tobacco 7 17 products are sold or where tobacco products are manufactured, 7 18 stored, or kept for the purpose of sale or consumption, 7 19 including any vessel, vehicle, airplane, or train, or vending7 20machine. 7 21 Sec. 18. Section 453A.39, Code 1995, is repealed. 7 22 Sec. 19. Sections 142B.3 and 142B.4, Code 1995, are 7 23 repealed. 7 24 Sec. 20. EFFECTIVE DATE. Sections 2, 3, 4, and 19 of this 7 25 Act are effective July 1, 1999. 7 26 EXPLANATION 7 27 This bill establishes a variety of provisions relating to 7 28 cigarettes and tobacco products. 7 29 The bill includes in the definition of "public place" child 7 30 day care facilities; provides that local laws or regulations 7 31 which are more restrictive in application supersede any 7 32 inconsistent or conflicting provision of state law or 7 33 regulation relating to smoking provisions; and directs the 7 34 Iowa department of public health to adopt rules to administer 7 35 and enforce the provisions relating to smoking prohibitions. 8 1 The bill also eliminates all means of selling or 8 2 distributing cigarettes or tobacco products in the state with 8 3 the exception of face-to-face sales. The bill also prohibits 8 4 the sale or distribution of products which include the name or 8 5 logo of a cigarette or tobacco product and prohibits proof of 8 6 purchase exchanges for cigarettes and tobacco products. The 8 7 bill prohibits outdoor advertising of cigarettes and tobacco 8 8 products within 1,000 feet of a playground, school, high 8 9 school, or other facility if the facility is being used 8 10 primarily by persons under the age of 18 for recreational, 8 11 educational, or other purposes and allows other advertising 8 12 only if the text of the advertisement is black and white only. 8 13 The bill also prohibits the use of brand names in the 8 14 sponsorship of sporting or entertainment events within the 8 15 state, but allows the use of the corporate name for this 8 16 purpose. 8 17 The bill also requires manufacturers, wholesalers, 8 18 distributors, distributing agents, retailers, and subjobbers 8 19 in the state to contribute to a cigarette and tobacco product 8 20 education campaign fund created in the state treasury to be 8 21 used by the Iowa department of public health to educate minors 8 22 and others regarding the hazards associated with the use of 8 23 cigarettes and tobacco products. 8 24 The bill establishes a penalty of a serious misdemeanor for 8 25 any violation of the new provisions relating to advertising of 8 26 cigarettes or other tobacco products. 8 27 Additionally, the bill provides that effective July 1, 8 28 1999, smoking is prohibited in any public place or public 8 29 meeting, with certain exceptions, and makes other conforming 8 30 changes in the Code to reflect this. 8 31 LSB 3631SS 76 8 32 pf/jw/5
Text: SF02068 Text: SF02070 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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