Text: HF02066 Text: HF02068 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 142B.1, Code 1997, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 1A. "Child day care facility" means a 1 4 licensed child care center, group day care home, or registered 1 5 family day care home as defined in section 237A.1, or a child 1 6 care home registered under section 237A.3A. 1 7 Sec. 2. Section 142B.2, Code 1997, is amended by adding 1 8 the following new subsections: 1 9 NEW SUBSECTION. 5. Notwithstanding subsection 1, smoking 1 10 is prohibited in child day care facilities and facility- 1 11 operated vehicles during hours of operation of the facility 1 12 while child day care is being provided in any program area, 1 13 child-occupied room, or vehicle, and is prohibited at all 1 14 times in food preparation areas of child day care facilities. 1 15 NEW SUBSECTION. 6. Notwithstanding subsection 1, smoking 1 16 is prohibited on all property under the control of a 1 17 kindergarten, elementary school, or secondary school. 1 18 Sec. 3. Section 249A.4, Code Supplement 1997, is amended 1 19 by adding the following new subsection: 1 20 NEW SUBSECTION. 15. Adopt rules pursuant to chapter 17A 1 21 to provide smoking cessation products to recipients of medical 1 22 assistance. 1 23 Sec. 4. Section 453A.3, Code Supplement 1997, is amended 1 24 to read as follows: 1 25 453A.3 PENALTY. 1 26 1. A person other than a retailer or an employee of a 1 27 retailer who violates section 453A.2, subsection 1, or section 1 28 453A.39 is guilty of a simple misdemeanor. A retailer or an 1 29 employee of a retailer who violates section 453A.2, subsection 1 30 1, or section 453A.39, is guilty of a serious misdemeanor 1 31 punishable by a fine of two hundred fifty dollars. 1 32 2. A person who violates section 453A.2, subsection 2, 1 33shall payis subject to one of the following: 1 34 a. Payment of a civil penalty pursuant to section 805.8, 1 35 subsection 11. Failure to paythea civil penalty imposed for 2 1 a violation of section 453A.2, subsection 2, is a simple 2 2 misdemeanor punishable as a scheduled violation under section 2 3 805.8, subsection 11. Notwithstanding section 602.8106 or any 2 4 other provision to the contrary, any civil penalty or fine 2 5 paid under this subsection shall be retained by the city or 2 6 county enforcing the violation to be used for enforcement of 2 7 section 453A.2. 2 8 b. Performance of not more than twenty-five hours of 2 9 court-ordered, unpaid community service. The community 2 10 service may include, but is not limited to, service for a 2 11 local governmental or nonprofit public health service entity. 2 12 3. The judicial department shall develop a civil citation 2 13 form for the purpose of citing a person in violation of 2 14 section 453A.2, subsection 2. Judicial magistrates shall hear 2 15 and determine violations of and penalties for violations of 2 16 that subsection. 2 17 Sec. 5. Section 453A.6, Code 1997, is amended to read as 2 18 follows: 2 19 453A.6 TAX IMPOSED. 2 20 1. There is imposed, and shall be collected and paid to 2 21 the department, the following taxes on all cigarettes used or 2 22 otherwise disposed of in this state for any purpose 2 23 whatsoever: 2 24 Class A. On cigarettes weighing not more than three pounds 2 25 per thousand,eighteen millsone and nine-tenths cents on each 2 26 such cigarette. 2 27 Class B. On cigarettes weighing more than three pounds per 2 28 thousand,eighteen millsone and nine-tenths cents on each 2 29 such cigarette. 2 30 2. The said tax shall be paid only once by the person 2 31 making the "first sale" in this state, and shall become due 2 32 and payable as soon as such cigarettes are subject to a "first 2 33 sale" in Iowa, it being intended to impose the tax as soon as 2 34 such cigarettes are received by any person in Iowa for the 2 35 purpose of making a "first sale" of same. If the person 3 1 making the "first sale" did not pay such tax, it shall be paid 3 2 by any person into whose possession such cigarettes come until 3 3 said tax has been paid in full. No person, however, shall be 3 4 required to pay a tax on cigarettes brought into this state on 3 5 or about the person in quantities of forty cigarettes or less, 3 6 when such cigarettes have had the individual packages or seals 3 7 thereof broken and when such cigarettes are actually used by 3 8 said person and not sold or offered for sale. 3 9 3. Payment of such tax shall be evidenced by stamps 3 10 purchased from the department and securely affixed to each 3 11 individual package of cigarettes in amounts equal to the tax 3 12 thereon as imposed by this chapter, or by the impressing of an 3 13 indicium upon individual packages of cigarettes, under 3 14 regulations prescribed by the director. 3 15 Sec. 6. Section 453A.13, subsection 3, Code 1997, is 3 16 amended to read as follows: 3 17 3. FEES – EXPIRATION. 3 18 a. All permits provided for in this division shall expire 3 19 on June 30 of each year. A permit shall not be granted or 3 20 issued until the applicant has paid for the period ending June 3 21 30 next, to the department or the city or county granting the 3 22 permit, the fees provided for in this division. The annual 3 23 state permit fee for a distributor, cigarette vendor, and 3 24 wholesaler is one hundred dollars when the permit is granted 3 25 during the months of July, August, or September. However, 3 26 whenever a state permit holder operates more than one place of 3 27 business, a duplicate state permit shall be issued for each 3 28 additional place of business on payment of five dollars for 3 29 each duplicate state permit, but refunds as provided in this 3 30 division do not apply to any duplicate permit issued. 3 31 b. The fee for retail permits is as follows when the 3 32 permit is granted during the months of July, August, or 3 33 September: 3 34a.(1) In places outside any city,fiftyseventy-five 3 35 dollars. 4 1b.(2) In cities of less than fifteen thousand population, 4 2seventy-fiveone hundred dollars. 4 3c.(3) In cities of fifteen thousand or more population, 4 4 one hundred twenty-five dollars. 4 5 c. If any permit is granted during the months of October, 4 6 November, or December, the fee shall be three-fourths of the 4 7 above maximum schedule; if granted during the months of 4 8 January, February, or March, one-half of the maximum schedule, 4 9 and if granted during the months of April, May, or June, one- 4 10 fourth of the maximum schedule. 4 11 Sec. 7. Section 453A.36, Code Supplement 1997, is amended 4 12 by adding the following new subsections: 4 13 NEW SUBSECTION. 8. A person shall not advertise 4 14 cigarettes or tobacco products on any advertising device 4 15 within one thousand feet of the perimeter of any kindergarten, 4 16 elementary school, or secondary school. For the purposes of 4 17 this subsection, "advertising device" means any outdoor sign, 4 18 display, device, figure, painting, drawing, message, placard, 4 19 poster, billboard, or any other device designed, intended, or 4 20 used to advertise or give information in the nature of 4 21 advertising, but does not include an advertising device on the 4 22 interior windows of a location which holds a retail permit 4 23 which is visible from the exterior or an advertising device on 4 24 a bus, taxi, or other vehicle. In addition to any other 4 25 penalties fixed for violations under this chapter, a person 4 26 who violates this subsection is subject to a civil penalty of 4 27 one hundred dollars for each day of violation. 4 28 NEW SUBSECTION. 9. Unless otherwise provided in this 4 29 subsection, a person shall not sell cigarettes or tobacco 4 30 products through self-service displays in this state. A 4 31 person may sell cigarettes through a self-service display if 4 32 the cigarettes are packaged in an amount at least as great as 4 33 a carton or if the self-service display is located in an area 4 34 where the retailer ensures that no person younger than 4 35 eighteen years of age is present or permitted to enter at any 5 1 time. This subsection does not prohibit the sale of 5 2 cigarettes or tobacco products through vending machines if in 5 3 compliance with subsection 6. 5 4 Sec. 8. Section 453A.39, Code 1997, is amended to read as 5 5 follows: 5 6 453A.39 TOBACCOPRODUCTPRODUCTS ANDCIGARETTE SAMPLES5 7 CIGARETTES – RESTRICTIONS – ADMINISTRATION. 5 8 1. A manufacturer, distributor, wholesaler, retailer, or 5 9 distributing agent or agent thereof shall not give away 5 10 cigarettes or tobacco products at any time in connection with 5 11 the manufacturer's, distributor's, wholesaler's, retailer's, 5 12 or distributing agent's business or for promotion of the 5 13 business or product, except as provided in subsection 2. 5 14 2. a. A manufacturer, distributor, wholesaler, retailer, 5 15 or distributing agent or agent thereof shall not give away any 5 16 cigarettes or tobacco products to any person under eighteen 5 17 years of age, or within five hundred feet of any playground, 5 18 school, high school, or other facility when such facility is 5 19 being used primarily by persons under age eighteen for 5 20 recreational, educational, or other purposes. 5 21 b. Proof of age shall be required if a reasonable person 5 22 could conclude on the basis of outward appearance that a 5 23 prospective recipient of a sample may be under eighteen years 5 24 of age. 5 25 c. Persons engaged in sampling shall secure stocks of 5 26 samples in safe locations in order to avoid inadvertent 5 27 distribution of samples contrary to the provisions of this 5 28 section. 5 29 d. Sampling shall cease at a particular location when 5 30 circumstances arise that make it apparent that sampling cannot 5 31 continue in a manner consistent with the provisions of this 5 32 section; however, sampling may resume at that location when 5 33 such circumstances abate. 5 34 e. All cigarette samples shall be shipped to a distributor 5 35 that has a permit to stamp cigarettes or little cigars with 6 1 Iowa tax. The manufacturer shipping samples under this 6 2 section shall send an affidavit to the director stating the 6 3 quantity and to whom the samples were shipped. The 6 4 distributor receiving the shipment shall send an affidavit to 6 5 the director stating the quantity and from whom the samples 6 6 were shipped. These affidavits shall be duly notarized and 6 7 submitted to the director at time of shipment and receipt of 6 8 the samples. The distributor shall pay the tax on samples by 6 9 separate remittance along with the affidavit. 6 10 3. A manufacturer, distributor, wholesaler, retailer, 6 11 distributing agent, or agent thereof shall not sell or cause 6 12 to be sold, and shall not distribute or give away or cause to 6 13 be distributed or given away, individual cigarettes or any 6 14 cigarette package that contains fewer than twenty cigarettes. 6 15 Sec. 9. Section 805.8, subsection 11, paragraph b, Code 6 16 Supplement 1997, is amended to read as follows: 6 17 b. (1) For violations of section 453A.2, subsection 2, 6 18 the scheduled fine isas followsone hundred dollars and is a 6 19 civil penalty, and the criminal penalty surcharge under 6 20 section 911.2 shall not be added to the penalty, and the court 6 21 costs pursuant to section 805.9, subsection 6, shall not be 6 22 imposed:. However, the fine shall not be imposed if the court 6 23 determines that the violator shall instead perform unpaid 6 24 community service pursuant to section 453A.3, subsection 2. 6 25(a) If the violation is a first offense, the scheduled6 26fine is twenty-five dollars.6 27(b) If the violation is a second offense, the scheduled6 28fine is fifty dollars.6 29(c) If the violation is a third or subsequent offense, the6 30scheduled fine is one hundred dollars.6 31 (2) For failing to pay the civil penalty or perform the 6 32 alternative community service under section453A.2453A.3, 6 33 subsection 2, the scheduled fine istwenty-five dollars if the6 34violation is a first offense, fifty dollars if the violation6 35is a second offense, andone hundred dollarsif the violation7 1is a third or subsequent offense. Failure to pay the 7 2 scheduled fine shall not result in the person being detained 7 3 in a secure facility. The complainant shall not be charged a 7 4 filing fee. 7 5 Sec. 10. APPROPRIATIONS – PREVENTION, COMPLIANCE CHECKS, 7 6 CESSATION PROGRAM. There is appropriated from the general 7 7 fund of the state for the fiscal year beginning July 1, 1998, 7 8 and ending June 30, 1999, the following amounts, or so much 7 9 thereof as is necessary, to be used for the purposes 7 10 designated: 7 11 To the department of human services for a smoking cessation 7 12 program to be provided to individuals who are recipients of 7 13 medical assistance, including the provision of smoking 7 14 cessation products: 7 15 .................................................. $ 1,000,000 7 16 To the Iowa department of public health for the development 7 17 and implementation of a teen smoking prevention program: 7 18 .................................................. $ 2,000,000 7 19 To the Iowa department of public health for the performance 7 20 of compliance checks on retailers of cigarettes or tobacco 7 21 products: 7 22 .................................................. $ 150,000 7 23 EXPLANATION 7 24 This bill makes changes in the laws relating to cigarettes 7 25 and tobacco products. 7 26 The bill defines "child day care facility" for purposes of 7 27 Code chapter 142, relating to smoking prohibitions, and 7 28 prohibits smoking in such facilities and in facility-operated 7 29 vehicles during certain times. 7 30 The bill increases the tax on cigarettes from 1.8 cents per 7 31 cigarette to 1.9 cents per cigarette. The bill also changes 7 32 the use of mills in assessing the tax to the use of cents. 7 33 One mill equals one one-thousandth of a cent. The effect of 7 34 the bill, as an example, is to increase the tax on a pack of 7 35 20 cigarettes from 36 cents per pack to 38 cents per pack. 8 1 The bill also prohibits the display and sale of tobacco 8 2 products and cigarettes from self-service displays but allows 8 3 cigarettes to be sold from self-service displays if packaged 8 4 in a carton or larger package and also provides an exemption 8 5 for areas of an establishment in which minors are not allowed 8 6 or present. 8 7 The bill increases the criminal penalty for a retailer or 8 8 employee of a retailer who sells, gives, or otherwise supplies 8 9 tobacco products or cigarettes to a person under 18 years of 8 10 age from $100 to $250. 8 11 The bill also increases the annual fee for a retail sales 8 12 permit from $50 to $75 for an establishment outside city 8 13 limits, from $75 to $100 for cities with a population of less 8 14 than 15,000 persons, and from $100 to $125 for cities with a 8 15 population of 15,000 or more. 8 16 The bill prohibits outdoor advertising of cigarettes or 8 17 other tobacco products within 1,000 feet of any kindergarten, 8 18 elementary school, or secondary school. Exemptions are made 8 19 for such advertising from the interior windows which is 8 20 visible from the exterior of retail establishments which are 8 21 within 1,000 feet of any kindergarten, elementary school, or 8 22 secondary school and for vehicles. A $100 civil penalty is 8 23 imposed for each day a person is in violation of the 8 24 prohibition. 8 25 The bill prohibits the sale, distribution, or gift of packs 8 26 of cigarettes which contain less than 20 cigarettes and of 8 27 individual cigarettes. 8 28 The bill establishes a flat fine of $100 for any person who 8 29 violates the provision which prohibits a person who is under 8 30 18 years of age from smoking, using, possessing, purchasing, 8 31 or attempting to purchase cigarettes or any other tobacco 8 32 product. An alternative to the civil penalty of the 8 33 performance of 25 or fewer hours of community service is also 8 34 provided. The fine for failure to pay the civil penalty or 8 35 perform the community service is also set at $100. 9 1 The bill directs the director of the department of human 9 2 services to adopt rules to provide smoking cessation products 9 3 to recipients of medical assistance. 9 4 The bill also makes appropriations to the department of 9 5 human services for the medical assistance smoking cessation 9 6 program and to the Iowa department of public health for a teen 9 7 smoking prevention program and for compliance checks on 9 8 businesses that sell tobacco products and cigarettes. 9 9 LSB 3223HH 77 9 10 pf/jw/5.1
Text: HF02066 Text: HF02068 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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