Text: H08523 Text: H08525 Text: H08500 - H08599 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2366, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. By striking everything after the enacting 1 4 clause and inserting the following: 1 5 "Section 1. NEW SECTION. 453D.1 CIGARETTES AND 1 6 TOBACCO PRODUCTS PROHIBITED. 1 7 1. It is unlawful for any person to ship or import 1 8 into this state, or to manufacture, offer for sale, 1 9 sell, distribute, transport, or possess within this 1 10 state, cigarettes or tobacco products. 1 11 2. As used in this section, unless the context 1 12 otherwise requires: 1 13 a. "Cigarette" means any roll for smoking made 1 14 wholly or in part of tobacco, or any substitute for 1 15 tobacco, irrespective of size or shape and 1 16 irrespective of tobacco or any substitute for tobacco 1 17 being flavored, adulterated, or mixed with any other 1 18 ingredient, where such roll has a wrapper or cover 1 19 made of paper or any other material; but does not mean 1 20 cigars. 1 21 b. "Tobacco products" means cigars; little cigars 1 22 as defined in section 453A.42, subsection 5; cheroots; 1 23 stogies; periques; granulated; plug cut, crimp cut, 1 24 ready rubbed, and other smoking tobacco; snuff, snuff 1 25 flour; cavendish; plug and twist tobacco; fine-cut and 1 26 other chewing tobaccos; shorts; or refuse scraps, 1 27 clippings, cuttings and sweepings of tobacco, and 1 28 other kinds and forms of tobacco, prepared in such 1 29 manner as to be suitable for chewing or smoking in a 1 30 pipe or otherwise, or both for chewing and smoking; 1 31 but does not mean cigarettes. 1 32 Sec. 2. Section 135.1, unnumbered paragraph 1, 1 33 Code 1999, is amended to read as follows: 1 34 For the purposes of chapter 155 and Title IV, 1 35 subtitle 2, excluding chapters142B,145B,and 146, 1 36 unless otherwise defined: 1 37 Sec. 3. Section 135.11, subsection 13, Code 1 38 Supplement 1999, is amended to read as follows: 1 39 13. Establish, publish, and enforce rules not 1 40 inconsistent with law for the enforcement of the 1 41 provisions of chapters 125 and 155, and Title IV, 1 42 subtitle 2, excluding chapters142B,145B,and 146 and 1 43 for the enforcement of the various laws, the 1 44 administration and supervision of which are imposed 1 45 upon the department. 1 46 Sec. 4. Section 232.8, subsection 1, paragraph b, 1 47 Code 1999, is amended to read as follows: 1 48 b. Violations by a child of provisions of chapter 1 49 321, 321G,453A,461A, 461B, 462A, 481A, 481B, 483A, 1 50 484A, or 484B, which would be simple misdemeanors if 2 1 committed by an adult, and violations by a child of 2 2 county or municipal curfew or traffic ordinances, are 2 3 excluded from the jurisdiction of the juvenile court 2 4 and shall be prosecuted as simple misdemeanors as 2 5 provided by law. A child convicted of a violation 2 6 excluded from the jurisdiction of the juvenile court 2 7 under this paragraph shall be sentenced pursuant to 2 8 section 805.8, where applicable, and pursuant to 2 9 section 903.1, subsection 3, for all other violations. 2 10 Sec. 5. Section 331.303, subsection 3, Code 2 11 Supplement 1999, is amended by striking the 2 12 subsection. 2 13 Sec. 6. Section 331.427, subsection 1, unnumbered 2 14 paragraph 1, Code 1999, is amended to read as follows: 2 15 Except as otherwise provided by state law, county 2 16 revenues from taxes and other sources for general 2 17 county services shall be credited to the general fund 2 18 of the county, including revenues received under 2 19 sections 101A.3, 101A.7, 123.36, 123.143,142B.6,2 20 176A.8, 321.105, 321.152, 321G.7, section 331.554, 2 21 subsection 6, sections 341A.20, 364.3, 368.21, 422A.2, 2 22 428A.8, 430A.3, 433.15, 434.19, 445.57,453A.35,2 23 458A.21, 483A.12, 533.24, 556B.1, 567.10, 583.6, 2 24 602.8108, 904.908, and 906.17, and chapter 405A, and 2 25 the following: 2 26 Sec. 7. Section 331.653, subsection 11, Code 1999, 2 27 is amended by striking the subsection. 2 28 Sec. 8. Section 331.756, subsection 20, Code 1999, 2 29 is amended by striking the subsection. 2 30 Sec. 9. Section 421.10, Code 1999, is amended to 2 31 read as follows: 2 32 421.10 APPEAL PERIOD APPLICABILITY. 2 33 The appeal period for revision of assessment of 2 34 tax, interest, and penalties set out under section 2 35 422.28, 422.54, or 452A.64, 453A.29, or 453A.462 36 applies to appeals to notices from the department 2 37 denying changes in filing methods, denying refund 2 38 claims, and denying portions of refund claims for the 2 39 tax covered by that section, and notices of any 2 40 department action directed to a specific taxpayer, 2 41 other than licensing, which involves a calculation. 2 42 Sec. 10. Section 669.14, subsection 11, unnumbered 2 43 paragraph 1, Code Supplement 1999, is amended to read 2 44 as follows: 2 45 Any claim for financial loss based upon an act or 2 46 omission in financial regulation, including but not 2 47 limited to examinations, inspections, audits, or other 2 48 financial oversight responsibilities, pursuant to 2 49 chapters 87, 203, 203A, 203C, 203D,421B,486, 487, 2 50 and 490 through 553, excluding chapters 540A, 542B, 3 1 542C, 543B, 543C, 543D, 544A, and 544B. 3 2 Sec. 11. Section 805.8, subsection 11, Code 3 3 Supplement 1999, is amended by striking the 3 4 subsection. 3 5 Sec. 12. Section 903.1, subsection 3, Code 3 6 Supplement 1999, is amended to read as follows: 3 7 3. A person under eighteen years of age convicted 3 8 of a simple misdemeanor under chapter 321, 321G,453A,3 9 461A, 461B, 462A, 481A, 481B, 483A, 484A, or 484B, or 3 10 a violation of a county or municipal curfew or traffic 3 11 ordinance, except for an offense subject to section 3 12 805.8, may be required to pay a fine, not to exceed 3 13 one hundred dollars, as fixed by the court, or may be 3 14 required to perform community service as ordered by 3 15 the court. 3 16 Sec. 13. Chapters 142B, 421B, and 453A, Code 1999 3 17 and Code Supplement 1999, are repealed." 3 18 #2. Title page, by striking lines 1 and 2 and 3 19 inserting the following: "An Act prohibiting the 3 20 shipping or importing into the state, or the 3 21 manufacturing, offering for sale, selling, 3 22 distributing, transporting, or possessing within the 3 23 state of cigarettes or tobacco products." 3 24 3 25 3 26 3 27 CONNORS of Polk 3 28 SF 2366.307 78 3 29 pf/cf
Text: H08523 Text: H08525 Text: H08500 - H08599 Text: H Index Bills and Amendments: General Index Bill History: General Index
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