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House Amendment 8524

Amendment Text

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 chapters 142B, 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 chapters 142B, 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.46
  2 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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