Text: HF02179 Text: HF02181 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.218, subsection 1, Code Supplement 1 2 1997, is amended to read as follows: 1 3 1. A person whose motor vehicle license or operating 1 4 privilege has been denied, canceled, suspended, or revoked as 1 5 provided in this chapter,oras provided in section 252J.8 or 1 6 section 901.5, subsection 10, or as provided in section 453A.3 1 7 and who operates a motor vehicle upon the highways of this 1 8 state while the license or privilege is denied, canceled, 1 9 suspended, or revoked, commits a serious misdemeanor. 1 10 Sec. 2. Section 321A.17, Code 1997, is amended by adding 1 11 the following new subsection: 1 12 NEW SUBSECTION. 7. This section does not apply to a 1 13 person whose license is suspended under section 453A.3. 1 14 Sec. 3. Section 453A.1, Code 1997, is amended by adding 1 15 the following new subsection: 1 16 NEW SUBSECTION. 20A. "Self-service display" means any 1 17 manner of product display, placement, or storage from which a 1 18 person purchasing the product may take possession of the 1 19 product, prior to purchase, without assistance from the 1 20 retailer or employee of the retailer, in removing the product 1 21 from a restricted access location. 1 22 Sec. 4. Section 453A.3, Code Supplement 1997, is amended 1 23 to read as follows: 1 24 453A.3 PENALTY. 1 25 1. A person who violates section 453A.2, subsection 1, or 1 26 section 453A.39 is guilty of a simple misdemeanor. 1 27 2. A person who violates section 453A.2, subsection 2, for 1 28 whom the violation is a first or second offense, shall pay a 1 29 civil penalty pursuant to section 805.8, subsection 11. 1 30 Failure to pay the civil penalty imposed for a violation of 1 31 section 453A.2, subsection 2, is a simple misdemeanor 1 32 punishable as a scheduled violation under section 805.8, 1 33 subsection 11. Notwithstanding section 602.8106 or any other 1 34 provision to the contrary, any civil penalty or fine paid 1 35 under this subsection shall be retained by the city or county 2 1 enforcing the violation to be used for enforcement of section 2 2 453A.2. 2 3 3. A person who violates section 453A.2, subsection 2, for 2 4 whom the violation is a third or subsequent offense is subject 2 5 to the following: 2 6 a. The motor vehicle license of the person shall be 2 7 suspended by the state department of transportation until the 2 8 person reaches the age of eighteen and the person shall pay a 2 9 civil penalty pursuant to section 805.8, subsection 11. The 2 10 court may order the person to perform twenty-five hours of 2 11 unpaid community service in lieu of the fine. However, the 2 12 court shall not waive the suspension of the motor vehicle 2 13 license of the person. 2 14 b. The clerk of the district court shall forward a copy of 2 15 the order suspending the motor vehicle license of the person 2 16 to the state department of transportation. The state 2 17 department of transportation shall suspend the license of the 2 18 person for the period prescribed in the order. The state 2 19 department of transportation shall establish procedures by 2 20 rule for suspending the motor vehicle license of the person 2 21 and for issuing to the person a temporary restricted license 2 22 under section 321.215, as if the suspension was ordered under 2 23 chapter 321. 2 24 c. The state department of transportation shall, on 2 25 application, issue a temporary restricted license to a person 2 26 whose motor vehicle license is suspended under this subsection 2 27 allowing the person to drive to and from the person's home and 2 28 specified places at specified times which can be verified by 2 29 the department and which are required by the person's full- 2 30 time or part-time employment, continuing health care or the 2 31 continuing health care of another who is dependent upon the 2 32 person, continuing education while enrolled in an educational 2 33 institution on a part-time or full-time basis and while 2 34 pursuing a course of study leading to a diploma, degree, or 2 35 other certification of successful educational completion, 3 1 substance abuse treatment, or court-ordered community service 3 2 responsibilities. 3 3 d. A person for whom a motor vehicle license is suspended 3 4 under this section is not subject to chapter 321A and the 3 5 suspension shall not be grounds for determination of risk, 3 6 rates, or premiums in any policy of insurance issued to or for 3 7 the person. 3 8 e. The state department of transportation shall develop a 3 9 civil citation form for the purpose of citing persons under 3 10 this subsection. Judicial magistrates shall hear and 3 11 determine violations of this subsection. Notwithstanding 3 12 section 602.8106 or any other provision to the contrary, any 3 13 civil penalty paid under this subsection shall be retained by 3 14 the city or county enforcing the violation to be used for 3 15 enforcement of section 453A.2. 3 16 Sec. 5. Section 453A.13, subsection 2, Code 1997, is 3 17 amended by adding the following new paragraph: 3 18 NEW PARAGRAPH. c. The department, or a city or county, 3 19 shall submit a duplicate of any retail permit issued by the 3 20 entity under this subsection to the Iowa department of public 3 21 health within thirty days of the issuance. 3 22 Sec. 6. Section 453A.13, subsection 3, Code 1997, is 3 23 amended to read as follows: 3 24 3. FEES – EXPIRATION. 3 25 a. All permits provided for in this division shall expire 3 26 on June 30 of each year. A permit shall not be granted or 3 27 issued until the applicant has paid for the period ending June 3 28 30 next, to the department or the city or county granting the 3 29 permit, the fees provided for in this division. The annual 3 30 state permit fee for a distributor, cigarette vendor, and 3 31 wholesaler is one hundred dollars when the permit is granted 3 32 during the months of July, August, or September. However, 3 33 whenever a state permit holder operates more than one place of 3 34 business, a duplicate state permit shall be issued for each 3 35 additional place of business on payment of five dollars for 4 1 each duplicate state permit, but refunds as provided in this 4 2 division do not apply to any duplicate permit issued. 4 3 b. The fee for retail permits is as follows when the 4 4 permit is granted during the months of July, August, or 4 5 September: 4 6a.(1) In places outside any city,fiftyone hundred 4 7 dollars. 4 8b.(2) In cities of less than fifteen thousand population, 4 9seventy-fiveone hundred fifty dollars. 4 10c.(3) In cities of fifteen thousand or more population, 4 11onetwo hundred dollars. 4 12 c. If any permit is granted during the months of October, 4 13 November, or December, the fee shall be three-fourths of the 4 14 above maximum schedule; if granted during the months of 4 15 January, February, or March, one-half of the maximum schedule, 4 16 and if granted during the months of April, May, or June, one- 4 17 fourth of the maximum schedule. 4 18 d. Cities and counties may use any revenues generated from 4 19 the retail permit fees, which are in excess of the 4 20 administrative costs associated with the issuance of permits, 4 21 for the exclusive purpose of enforcing chapter 142B, section 4 22 453A.2, and section 453A.36, subsection 6. 4 23 Sec. 7. Section 453A.22, Code 1997, is amended by adding 4 24 the following new subsection: 4 25 NEW SUBSECTION. 4. The department or local authority 4 26 shall report the revocation of a retail permit under this 4 27 section to the Iowa department of public health within thirty 4 28 days of the revocation. 4 29 Sec. 8. NEW SECTION. 453A.32A PENALTY – POSSESSION IN 4 30 VIOLATION OF CHAPTER. 4 31 1. In addition to the seizure and forfeiture procedures 4 32 applicable under section 453A.32 and any other penalties 4 33 imposed for violation of this division, a distributor, 4 34 wholesaler, or retailer found in the possession, custody, or 4 35 control of cigarettes in excess of three cases, for the 5 1 purpose of being sold or removed by the person in violation of 5 2 this division, or for the purpose of being removed, deposited, 5 3 or concealed in any place with intent to avoid payment of 5 4 taxes, is subject to a civil penalty of ten thousand dollars. 5 5 2. A common carrier found transporting cigarettes in 5 6 excess of three cases for the purpose of being sold or removed 5 7 by the person in violation of this division or for the purpose 5 8 of being removed, deposited, or concealed in any place with 5 9 intent to avoid payment of taxes, is subject to the suspension 5 10 of the common carrier's motor vehicle license in this state 5 11 for a period of five years. 5 12 3. An individual who is not required to hold a permit 5 13 under this division who is found in possession, custody, or 5 14 control or who is found transporting cigarettes in excess of 5 15 one case in violation of this division or with the intent to 5 16 avoid payment of taxes is subject to suspension of the 5 17 individual's motor vehicle license in this state for one year. 5 18 Sec. 9. Section 453A.36, Code Supplement 1997, is amended 5 19 by adding the following new subsection: 5 20 NEW SUBSECTION. 8. A person shall not advertise 5 21 cigarettes or tobacco products on any advertising device 5 22 within five hundred feet of the perimeter of any playground, 5 23 elementary school, or secondary school. For the purposes of 5 24 this subsection, "advertising device" means any outdoor sign, 5 25 display, device, figure, painting, drawing, message, placard, 5 26 poster, billboard, or any other device designed, intended, or 5 27 used to advertise or give information in the nature of 5 28 advertising, but does not include an advertising device on a 5 29 bus, taxi, or other vehicle. In addition to any other 5 30 penalties fixed for violations under this chapter, a person 5 31 who violates this subsection is subject to a civil penalty of 5 32 up to one hundred dollars for each day of violation. 5 33 Sec. 10. NEW SECTION. 453A.36A SELF-SERVICE SALES 5 34 PROHIBITED. 5 35 Except as provided in section 453A.36, subsection 6, a 6 1 retailer shall not sell or offer for sale cigarettes or 6 2 tobacco products through the use of a self-service display. 6 3 This section shall not be construed to prevent the use of 6 4 humidors or specially constructed areas for the selection of 6 5 cigars, if the sale of the cigars takes place through a face- 6 6 to-face exchange. 6 7 Sec. 11. Section 513C.3, subsection 16, Code 1997, is 6 8 amended to read as follows: 6 9 16. "Rating characteristics" means demographic 6 10 characteristics of individuals which are considered by the 6 11 carrier in the determination of premium rates for the 6 12 individuals and which are approved by the commissioner. 6 13 "Rating characteristics" includes the use of cigarettes or 6 14 tobacco products by individuals. 6 15 Sec. 12. Section 513C.5, Code 1997, is amended by adding 6 16 the following new subsection: 6 17 NEW SUBSECTION. 9. Notwithstanding any provision of law 6 18 to the contrary, the use of cigarettes or tobacco products by 6 19 individuals may be considered as a rating characteristic in 6 20 the determination of premium rates which are approved by the 6 21 commissioner. 6 22 Sec. 13. Section 805.8, subsection 11, paragraph b, Code 6 23 Supplement 1997, is amended to read as follows: 6 24 b. (1) For violations of section 453A.2, subsection 2, the 6 25 scheduled fine is as follows and is a civil penalty, and the 6 26 criminal penalty surcharge under section 911.2 shall not be 6 27 added to the penalty, and the court costs pursuant to section 6 28 805.9, subsection 6, shall not be imposed: 6 29 (a) If the violation is a first offense, the scheduled 6 30 fine istwenty-fivefifty dollars. 6 31 (b) If the violation is a second offense, the scheduled 6 32 fine isfiftyseventy-five dollars. 6 33 (c) If the violation is a third or subsequent offense, the 6 34 scheduled fine is one hundred dollars. However, the court may 6 35 order the person to perform twenty-five hours of unpaid 7 1 community service in lieu of the fine. 7 2 (2) For failing to pay the civil penalty under section 7 3 453A.2, subsection 2, the scheduled fine istwenty-fivefifty 7 4 dollars if the violation is a first offense,fiftyseventy- 7 5 five dollars if the violation is a second offense, and one 7 6 hundred dollars if the violation is a third or subsequent 7 7 offense unless the court orders the person to perform 7 8 community service in lieu of the fine. Failure to pay the 7 9 scheduled fine shall not result in the person being detained 7 10 in a secure facility. The complainant shall not be charged a 7 11 filing fee. 7 12 EXPLANATION 7 13 This bill makes changes relating to tobacco products. The 7 14 bill changes the penalty for smoking, using, possessing, 7 15 purchasing, or attempting to purchase tobacco, tobacco 7 16 products, or cigarettes by a person under 18 years of age from 7 17 a scheduled fine of $25, $50, or $100 to $50, $75, or $100 7 18 with the option of serving community service in lieu of the 7 19 $100 fine for a third offense. The bill also provides that 7 20 for a third offense, the person's motor vehicle license is 7 21 suspended until the person reaches age 18. Any civil penalty 7 22 or fine paid is to be retained by the city or county enforcing 7 23 the violation. The bill also provides for the issuance of a 7 24 temporary restricted license, for certain activities, to a 7 25 person for whom a license is suspended, including employment 7 26 and education-related activities, and provides that suspension 7 27 of a person's license does not make the person subject to the 7 28 chapter relating to motor vehicle financial responsibility and 7 29 is not grounds for the determination of risk, rates, or 7 30 premiums in any insurance policy issued to or for the person. 7 31 However, the bill does provide that if a person drives while 7 32 the person's license is suspended, the person commits a 7 33 serious misdemeanor. 7 34 The bill also requires the department of revenue and 7 35 finance and cities and counties issuing permits for the retail 8 1 sales of cigarettes to submit a copy of any permit issued by 8 2 the entity to the Iowa department of public health. 8 3 The bill also increases the annual fee for a retail sales 8 4 permit from $50 to $100 for an establishment outside city 8 5 limits, from $75 to $150 for cities with a population of less 8 6 than 15,000 persons, and from $100 to $200 for cities with a 8 7 population of 15,000 or more. The increased fees continue to 8 8 be retained by the issuing cities and counties which may 8 9 dedicate excess revenue to enforcement of smoking and youth 8 10 access laws. 8 11 The bill also prohibits outdoor advertising of cigarettes 8 12 or other tobacco products within 500 feet of any playground, 8 13 elementary school, or secondary school. Exemptions are made 8 14 for advertising devices on vehicles. A civil penalty of up to 8 15 $100 may be imposed for each day a person is in violation of 8 16 the prohibition. 8 17 The bill prohibits self-service sales of cigarettes or 8 18 tobacco products with the exception of vending machines and 8 19 humidors. The bill also provides that insurance rating 8 20 characteristics may include the use of cigarettes or tobacco 8 21 products. 8 22 The bill provides a penalty of $10,000 for a distributor, 8 23 wholesaler, or retailer who is found in possession, control, 8 24 or custody of cigarettes in excess of three cases for the 8 25 purpose of being sold or removed in violation of the chapter 8 26 or for the purpose of being removed, deposited, or concealed 8 27 with the intent of avoiding payment of taxes. A common 8 28 carrier found in such violation is subject to suspension of 8 29 the common carrier's state motor vehicle license for a period 8 30 of five years. An individual other than those named above 8 31 found in such violation is subject to revocation of the 8 32 person's state motor vehicle license for one year. 8 33 LSB 3229YH 77 8 34 pf/sc/14
Text: HF02179 Text: HF02181 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Tue Feb 24 03:42:21 CST 1998
URL: /DOCS/GA/77GA/Legislation/HF/02100/HF02180/980209.html
jhf