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Text: SF00109                           Text: SF00111
Text: SF00100 - SF00199                 Text: SF Index
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Senate File 110

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 453A.2, subsection 4, Code 1997, is
  1  2 amended to read as follows:
  1  3    4.  Payment Unless otherwise provided in section 805.8,
  1  4 subsection 11, payment and distribution of court costs, fees,
  1  5 and fines in a prosecution initiated by a city or county shall
  1  6 be made as provided in chapter 602 for violation of a city or
  1  7 county ordinance.
  1  8    Sec. 2.  Section 805.8, subsection 11, Code 1997, is
  1  9 amended to read as follows:
  1 10    11.  SMOKING VIOLATIONS.
  1 11    a.  For violations of section 142B.6 or section 453A.2,
  1 12 subsection 2, unless otherwise provided in paragraph "b", the
  1 13 scheduled fine is twenty-five dollars, and is a civil penalty,
  1 14 and the.
  1 15    b.  For violations of section 453A.2, subsection 2, if the
  1 16 violation is possession of tobacco, tobacco products, or
  1 17 cigarettes by a person under eighteen years of age, the
  1 18 scheduled fine is one hundred dollars, and is a civil penalty.
  1 19 Notwithstanding section 453A.2, subsection 4, and sections
  1 20 602.8106 and 602.8108, any civil penalty paid pursuant to this
  1 21 paragraph shall be deposited in the treasury of the city or
  1 22 county enforcing the paragraph.
  1 23    c.  The criminal penalty surcharge under section 911.2
  1 24 shall not be added to the penalty under paragraph "a" or "b",
  1 25 and the court costs pursuant to section 805.9, subsection 6,
  1 26 shall not be imposed.
  1 27    d.  If the civil penalty assessed for a violation of
  1 28 section 142B.6 is not paid in a timely manner, a citation
  1 29 shall be issued for the violation in the manner provided in
  1 30 section 804.1.  However, a person under age eighteen shall not
  1 31 be detained in a secure facility for failure to pay the civil
  1 32 penalty.  The complainant shall not be charged a filing fee.
  1 33    e.  For failing to pay the a civil penalty under section
  1 34 453A.2, the scheduled fine is twenty-five dollars.  Failure to
  1 35 pay the scheduled fine shall not result in the person being
  2  1 detained in a secure facility.  The complainant shall not be
  2  2 charged a filing fee.  
  2  3                           EXPLANATION
  2  4    This bill provides for an increase in the amount of the
  2  5 scheduled civil penalty from $25 to $100 for a violation which
  2  6 is the possession of tobacco, tobacco products, or cigarettes
  2  7 by a person under 18 years of age.  The bill provides for the
  2  8 retention of the moneys collected by the city or county
  2  9 enforcing the provision.  
  2 10 LSB 1754SS 77
  2 11 pf/jw/5
     
Text: SF00109                           Text: SF00111
Text: SF00100 - SF00199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index
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