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House Journal: Page 1023: Wednesday, March 27, 1996

H-5655

 1     Amend the amendment, H-5523, to Senate File 2449,
 2   as amended, passed, and reprinted by the Senate, as
 3   follows:
 4     1.  Page 2, by inserting after line 26 the
 5   following:
 6                                  "DIVISION    
 7                   INCOME AND TOBACCO TAXES
 8     Sec. 55.  Section 142B.6, Code 1995, is amended to
 9   read as follows:
10     142B.6  CIVIL PENALTY FOR VIOLATION _ UNIFORM
11   APPLICATION ENFORCEMENT.
12     A person who smokes in those areas prohibited in
13   section 142B.2, or who violates section 142B.4, shall
14   pay a civil fine pursuant to section 805.8, subsection
15   11, for each violation.
16     Judicial magistrates shall hear and determine
17   violations of this chapter.  The civil penalties paid
18   pursuant to this chapter shall be deposited in the
19   county treasury.
20     Enforcement of this chapter shall be implemented in
21   an equitable manner throughout the state.  For the
22   purpose of equitable and uniform implementation,
23   application, and enforcement of state and local laws
24   and regulations, the provisions of this chapter shall
25   supersede any local law or regulation which is
26   inconsistent with or conflicts with the provisions of
27   this chapter.  The Iowa department of public health
28   shall adopt rules to enforce this chapter.
29     Sec. 56.  NEW SECTION.  142C.1  LEGISLATIVE
30   FINDINGS _ CIGARETTE AND TOBACCO PRODUCTS.
31     Following an analysis of data regarding cigarettes
32   and tobacco products and the addictive nature of the
33   nicotine contained in these products which was
34   provided by the Iowa department of public health, the
35   United States environmental protection agency, the
36   United States public health service, the world health
37   organization, the American cancer society, the
38   American heart association, the American lung
39   association, the American medical association, the
40   American dental association, the American public
41   health association, the national cancer institute, and
42   the international agency for research on cancer, the
43   general assembly finds and declares all of the
44   following:
45     1.  That cigarettes and tobacco products, with
46   their inherent and supplemented quantities of
47   nicotine, are highly addictive and that use of these
48   products threatens the health and lives of Iowans.
49     2.  That environmental tobacco smoke is a group A
50   carcinogen known to cause lung cancer in nonsmokers as

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