Text: S03046 Text: S03048 Text: S03000 - S03099 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 110 as follows: 1 2 #1. Page 1, by striking lines 1 and 2 and 1 3 inserting the following: 1 4 "Sec. . Section 453A.2, subsections 1, 2, and 1 5 4, Code 1997, are amended to read as follows: 1 6 1. A person shall not sell, give, or otherwise 1 7 supply any tobacco, tobacco products, or cigarettes to 1 8 any person undereighteentwenty-one years of age. A 1 9 person who sells, gives, or otherwise supplies any 1 10 tobacco, tobacco products, or cigarettes to any person 1 11 shall require proof of age in the form of photographic 1 12 identification if a reasonable person could conclude 1 13 on the basis of outward appearance that a prospective 1 14 recipient may be under twenty-five years of age. 1 15 2. A person undereighteentwenty-one years of age 1 16 shall not smoke, use, possess, purchase, or attempt to 1 17 purchase any tobacco, tobacco products, or 1 18 cigarettes." 1 19 #2. Page 1, by inserting after line 7 the 1 20 following: 1 21 "Sec. . Section 453A.13, subsections 2, 3, and 1 22 4, Code 1997, are amended by striking the subsections 1 23 and renumbering the subsequent subsections, and 1 24 inserting in lieu thereof the following: 1 25 2. Issuance or denial. 1 26 a. The department shall issue state permits to 1 27 distributors, wholesalers, and cigarette vendors 1 28 subject to the conditions provided in this division. 1 29 b. The department or the Iowa department of public 1 30 health, as applicable, may deny the issuance of a 1 31 permit to a distributor, wholesaler, vendor, or 1 32 retailer who is substantially delinquent in the 1 33 payment of a tax due, or the interest or penalty on 1 34 the tax, administered by the department at the time of 1 35 application. If the applicant is a partnership, a 1 36 permit may be denied if a partner is substantially 1 37 delinquent on any delinquent tax, penalty, or 1 38 interest. If the applicant is a corporation, a permit 1 39 may be denied if any officer having a substantial 1 40 legal or equitable interest in the ownership of the 1 41 corporation owes any delinquent tax, interest, or 1 42 penalty of the applicant corporation. 1 43 3. Fees – expiration. All permits provided for 1 44 in this division shall expire on June 30 of each year. 1 45 A permit shall not be granted or issued until the 1 46 applicant has paid for the period ending June 30 next, 1 47 to the department or the Iowa department of public 1 48 health, the fees provided for in this division. 1 49 a. The annual state permit fee for a distributor, 1 50 cigarette vendor, and wholesaler is one hundred 2 1 dollars when the permit is granted during the months 2 2 of July, August, or September. However, whenever a 2 3 state permit holder operates more than one place of 2 4 business, a duplicate state permit shall be issued for 2 5 each additional place of business on payment of five 2 6 dollars for each duplicate state permit, but refunds 2 7 as provided in this division do not apply to any 2 8 duplicate permit issued. 2 9 b. The fee for retail permits which are to be 2 10 issued by the Iowa department of public health is as 2 11 follows: 2 12 (1) For establishments located within the 2 13 corporate limits of cities of ten thousand population 2 14 and over the following: 2 15 (a) For establishments of less than fifteen 2 16 hundred square feet, one hundred twenty-five dollars. 2 17 (b) For establishments of fifteen hundred square 2 18 feet but less than two thousand square feet, one 2 19 hundred seventy-five dollars. 2 20 (c) For establishments of two thousand square feet 2 21 but less than five thousand square feet, two hundred 2 22 fifty dollars. 2 23 (d) For establishments of five thousand square 2 24 feet or more, three hundred seventy-five dollars. 2 25 (2) For establishments located within the 2 26 corporate limits of cities of over fifteen hundred and 2 27 less than ten thousand population the following: 2 28 (a) For establishments of less than fifteen 2 29 hundred square feet, seventy-five dollars. 2 30 (b) For establishments of fifteen hundred square 2 31 feet but less than two thousand square feet, one 2 32 hundred twenty-five dollars. 2 33 (c) For establishments of two thousand square feet 2 34 but less than five thousand square feet, one hundred 2 35 seventy-five dollars. 2 36 (d) For establishments of five thousand square 2 37 feet or more, two hundred fifty dollars. 2 38 (3) For establishments located within the 2 39 corporate limits of cities of fifteen hundred 2 40 population or less the following: 2 41 (a) For establishments of less than fifteen 2 42 hundred square feet, thirty-five dollars and fifty 2 43 cents. 2 44 (b) For establishments of fifteen hundred square 2 45 feet but less than two thousand square feet, seventy- 2 46 five dollars. 2 47 (c) For establishments of two thousand square feet 2 48 but less than five thousand square feet, one hundred 2 49 twenty-five dollars. 2 50 (d) For establishments of five thousand square 3 1 feet or more, one hundred seventy-five dollars. 3 2 (4) For establishments located outside the 3 3 corporate limits of any city, a sum equal to that 3 4 charged in the incorporated city located nearest the 3 5 premises to be permitted, and in case there is doubt 3 6 as to which of two or more differing corporate limits 3 7 is the nearest, the fee which is the largest shall 3 8 prevail. However, if an establishment is located in 3 9 an unincorporated town, for purposes of this 3 10 subsection the unincorporated town shall be treated as 3 11 if it is a city. 3 12 Sec. . Section 453A.22, subsections 1 and 2, 3 13 Code 1997, are amended to read as follows: 3 14 1. If a person holding a permit issued by the 3 15 department or the Iowa department of public health 3 16 under this division, including a retailer permit for 3 17 railway car, has willfully violated section 453A.2, 3 18 the department shall revoke the permit upon notice and 3 19 hearing. If the person violates any other provision 3 20 of this division, or a rule adopted under this 3 21 division, or is substantially delinquent in the 3 22 payment of a tax administered by the department or the 3 23 interest or penalty on the tax, or if the person is a 3 24 corporation and if any officer having a substantial 3 25 legal or equitable interest in the ownership of the 3 26 corporation owes any delinquent tax of the permit- 3 27 holding corporation, or interest or penalty on the 3 28 tax, administered by the department, the department 3 29 may revoke the permit issued to the person, after 3 30 giving the permit holder an opportunity to be heard 3 31 upon ten days' written notice stating the reason for 3 32 the contemplated revocation and the time and place at 3 33 which the person may appear and be heard. The hearing 3 34 before the department may be held at a site in the 3 35 state as the department may direct. The notice shall 3 36 be given by mailing a copy to the permit holder's 3 37 place of business as it appears on the application for 3 38 a permit. If, upon hearing, the department finds that 3 39 the violation has occurred, the department may revoke 3 40 the permit. 3 41 2. If a retailer or employee of a retailer has 3 42 violated section 453A.2, 453A.36, subsection 6, or 3 43 453A.39, the department or local authority, in 3 44 addition to the other penalties fixed for such 3 45 violations in this section, shall assess a penalty 3 46 upon the same hearing and notice as prescribed in 3 47 subsection 1 as follows: 3 48 a. For a first violation, the violator shall be 3 49 assessed a civil penalty in the amount of three 3 50 hundred dollars. Failure to pay the civil penalty as 4 1 ordered under this subsection shall result in 4 2 automatic suspension of the permit for a period of 4 3 fourteen days. 4 4 b. For a second violationwithin a period of two4 5years, the violator's permit shall be suspended for a 4 6 period of thirty days. 4 7 c. For a third violationwithin a period of five4 8years, the violator's permit shall besuspended for a4 9period of sixty daysrevoked. 4 10d. For a fourth violation within a period of five4 11years, the violator's permit shall be revoked.4 12 Sec. . Section 453A.23, subsections 1 and 3, 4 13 Code 1997, are amended to read as follows: 4 14 1. Subject to this division, a retailer's permit 4 15 may be issued by the Iowa department of public health 4 16 to any dining car company, sleeping car company, 4 17 railroad or railway company. The permit shall 4 18 authorize the holder to keep for sale, and sell, 4 19 cigarettes at retail on any dining car, sleeping car, 4 20 or passenger car operated by the applicant in, 4 21 through, or across the state of Iowa, subject to all 4 22 of the restrictions imposed upon retailers under this 4 23 division. The application for the permit shall be in 4 24 the form and contain the information required by the 4 25 director. Each permit is good throughout the state. 4 26 Only one permit is required for all cars operated in 4 27 this state by the applicant, but a duplicate of the 4 28 permit shall be posted in each car in which cigarettes 4 29 are sold and no further permit shall be required or 4 30 tax levied for the privilege of selling cigarettes in 4 31 the cars. No cigarettes shall be sold in the cars 4 32 without having affixed thereto stamps evidencing the 4 33 payment of the tax as provided in this division. 4 34 3. The annual fee for a retailer's permit for 4 35 railway cars shall be twenty-five dollars and two 4 36 dollars for each duplicate thereof, which fee shall be 4 37 paid to the department. The Iowa department of public 4 38 health shall issue duplicates of such permits from 4 39 time to time as applied for by such companies. 4 40 Sec. . Section 453A.35, Code 1997, is amended 4 41 to read as follows: 4 42 453A.35 TAX AND FEES PAID TO GENERAL FUND. 4 43 The proceeds derived from the sale of stamps and 4 44 the payment of taxes, fees and penalties provided for 4 45 under this chapter, and the permit fees received from 4 46 all permits issued by the department, shall be 4 47 credited to the general fund of the state.All permit4 48fees provided for in this chapter and collected by4 49cities in the issuance of permits granted by the4 50cities shall be paid to the treasurer of the city5 1where the permit is effective, or to another city5 2officer as designated by the council, and credited to5 3the general fund of the city. Permit fees so5 4collected by counties shall be paid to the county5 5treasurer.The proceeds derived from the payment of 5 6 retail permit fees and penalties received from all 5 7 permits issued by the Iowa department of public health 5 8 shall be credited to the general fund of the state and 5 9 are appropriated to the Iowa department of public 5 10 health for programs related to cigarette, tobacco, and 5 11 tobacco products-related programs. 5 12 Sec. . Section 453A.39, subsection 2, 5 13 paragraphs a and b, Code 1997, are amended to read as 5 14 follows: 5 15 a. A manufacturer, distributor, wholesaler, 5 16 retailer, or distributing agent or agent thereof shall 5 17 not give away any cigarettes or tobacco products to 5 18 any person undereighteentwenty-one years of age, or 5 19 within five hundred feet of any playground, school, 5 20 high school, or other facility when such facility is 5 21 being used primarily by persons under ageeighteen5 22 twenty-one for recreational, educational, or other 5 23 purposes. 5 24 b. Proof of age in the form of photographic 5 25 identification shall be required if a reasonable 5 26 person could conclude on the basis of outward 5 27 appearance that a prospective recipient of a sample 5 28 may be undereighteentwenty-five years of age." 5 29 #3. Page 1, line 17, by striking the word 5 30 "eighteen" and inserting the following: "twenty-one". 5 31 #4. Title page, line 1, by inserting after the 5 32 word "Act" the following: "relating to cigarettes, 5 33 tobacco, and tobacco products including". 5 34 #5. Title page, line 4, by inserting after the 5 35 word "provision" the following: "providing for the 5 36 issuance of retail cigarette permits and collection of 5 37 permit fees by the Iowa department of public health, 5 38 increasing the age of a minor to twenty-one years of 5 39 age or younger and providing penalties." 5 40 #6. By renumbering as necessary. 5 41 5 42 5 43 5 44 ROD HALVORSON 5 45 SF 110.202 77 5 46 pf/jj/28
Text: S03046 Text: S03048 Text: S03000 - S03099 Text: S Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: Senate Bills and Amendments (77th General Assembly)
© 1997 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Feb 13 03:40:59 CST 1997
URL: /DOCS/GA/77GA/Legislation/S/03000/S03047/970212.html
jhf