Text: S05113 Text: S05115 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2366 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. NEW SECTION. 321.216C USE OF 1 5 DRIVER'S LICENSE OR NONOPERATOR'S IDENTIFICATION CARD 1 6 BY UNDERAGE PERSON TO OBTAIN CIGARETTES OR TOBACCO 1 7 PRODUCTS. 1 8 A person who is under the age of eighteen, who 1 9 alters or displays or has in the person's possession a 1 10 fictitious or fraudulently altered driver's license or 1 11 nonoperator's identification card and who uses the 1 12 license or card to violate or attempt to violate 1 13 section 453A.2, subsection 2, commits a simple 1 14 misdemeanor punishable by a fine of one hundred 1 15 dollars. The court shall forward a copy of the 1 16 conviction to the department. 1 17 Sec. 2. Section 453A.2, Code 1999, is amended by 1 18 adding the following new subsections: 1 19 NEW SUBSECTION. 2A. Possession of cigarettes or 1 20 tobacco products by an individual under eighteen years 1 21 of age does not constitute a violation under this 1 22 section if the individual under eighteen years of age 1 23 possesses the cigarettes or tobacco products as part 1 24 of the individual's employment and the individual is 1 25 employed by a person who holds a valid permit under 1 26 this chapter or who lawfully offers for sale or sells 1 27 cigarettes or tobacco products. 1 28 NEW SUBSECTION. 5. A person shall not be guilty 1 29 of a violation of this section if conduct that would 1 30 otherwise constitute a violation is performed to 1 31 assess compliance with cigarette and tobacco products 1 32 laws if any of the following applies: 1 33 a. The compliance effort is conducted by or under 1 34 the supervision of law enforcement officers. 1 35 b. The compliance effort is conducted with the 1 36 advance knowledge of law enforcement officers and 1 37 reasonable measures are adopted by those conducting 1 38 the effort to ensure that use of cigarettes or tobacco 1 39 products by individuals under eighteen years of age 1 40 does not result from participation by any individual 1 41 under eighteen years of age in the compliance effort. 1 42 For the purposes of this subsection, "law 1 43 enforcement officer" means a peace officer as defined 1 44 in section 801.4 and includes persons designated under 1 45 subsection 3 to enforce this section. 1 46 Sec. 3. Section 453A.3, subsection 2, Code 1999, 1 47 is amended to read as follows: 1 48 2. A person who violates section 453A.2, 1 49 subsection 2,shall pay ais subject to the following, 1 50 as applicable: 2 1 a. A civil penalty pursuant to section 805.8, 2 2 subsection 11. Failure to paythea civil penalty 2 3 imposed for a violation of section 453A.2, subsection 2 4 2, is a simple misdemeanor punishable as a scheduled 2 5 violation under section 805.8, subsection 11. 2 6 Notwithstanding section 602.8106 or any other 2 7 provision to the contrary, any civil penalty or 2 8 criminal fine paid under this subsection shall be 2 9 retained by the city or county enforcing the violation 2 10to be used for enforcement of section 453A.2. 2 11 b. For a first offense, performance of community 2 12 service or attendance at tobacco education classes, if 2 13 available. 2 14 c. For a second offense, performance of thirty 2 15 hours of community service, and attendance at tobacco 2 16 education classes, if available. 2 17 d. For a third or subsequent offense, performance 2 18 of forty hours of community service and suspension of 2 19 the person's driver's license for a period of thirty 2 20 days. The clerk of the district court shall forward a 2 21 copy of the order suspending the motor vehicle license 2 22 of the person to the state department of 2 23 transportation. Upon receipt of the copy of the order 2 24 from the clerk of the district court, the state 2 25 department of transportation shall notify the person 2 26 that the person's driver's license will be suspended 2 27 effective ten days from the date of the notice. The 2 28 state department of transportation shall establish 2 29 procedures, by rule, to effect the suspension of a 2 30 person's driver's license pursuant to this paragraph 2 31 "d" including surrender of the person's driver's 2 32 license to the department and including issuance to 2 33 the person of a temporary restricted license under 2 34 section 321.215, as if the suspension was ordered 2 35 under chapter 321. 2 36 The state department of transportation shall, on 2 37 application, issue a temporary restricted license to a 2 38 person whose motor vehicle license is suspended under 2 39 this paragraph "d", allowing the person to drive to 2 40 and from the person's home and specified places at 2 41 specified times which can be verified by the 2 42 department and which are required by the person's 2 43 full-time or part-time employment, continuing health 2 44 care or the continuing health care of another who is 2 45 dependent upon the person, continuing education while 2 46 enrolled in an educational institution on a part-time 2 47 or full-time basis and while pursuing a course of 2 48 study leading to a diploma, degree, or other 2 49 certification of successful educational completion, 2 50 substance abuse treatment, or court-ordered community 3 1 service responsibilities. 3 2 A person for whom a motor vehicle license is 3 3 suspended under this paragraph "d" is not subject to 3 4 chapter 321A and the suspension shall not be grounds 3 5 for determination of risk, rates, or premiums in any 3 6 policy of insurance issued to or for the person. 3 7 Sec. 4. NEW SECTION. 453A.4 SEIZURE OF FALSE OR 3 8 ALTERED DRIVER'S LICENSE OR NONOPERATOR'S 3 9 IDENTIFICATION CARD. 3 10 1. If a person holding a permit under this chapter 3 11 or an employee of such a permittee has a reasonable 3 12 belief based on factual evidence that a driver's 3 13 license as defined in section 321.1, subsection 20A, 3 14 or nonoperator's identification card issued pursuant 3 15 to section 321.190 offered by a person who wishes to 3 16 purchase cigarettes or tobacco products is altered or 3 17 falsified or belongs to another person, the permittee 3 18 or employee may retain the driver's license or 3 19 nonoperator's identification card. Within twenty-four 3 20 hours, the card shall be delivered to the appropriate 3 21 city or county law enforcement agency of the 3 22 jurisdiction in which the permittee's premises is 3 23 located, and the permittee shall file a written report 3 24 of the circumstances under which the card was 3 25 retained. The local law enforcement agency may 3 26 investigate whether a violation of section 321.216, 3 27 321.216A, or 321.216C has occurred. If an 3 28 investigation is not initiated or probable cause is 3 29 not established by the local law enforcement agency, 3 30 the driver's license or nonoperator's identification 3 31 card shall be delivered to the person to whom it was 3 32 issued. The local law enforcement agency may forward 3 33 the card with the report to the state department of 3 34 transportation for investigation, in which case, the 3 35 state department of transportation may investigate 3 36 whether a violation of section 321.216, 321.216A, or 3 37 321.216C has occurred. The state department of 3 38 transportation shall return the card to the person to 3 39 whom it was issued if an investigation is not 3 40 initiated or probable cause is not established. 3 41 2. Upon taking possession of an identification 3 42 card as provided in subsection 1, a receipt for the 3 43 card with the date and hour of seizure noted shall be 3 44 provided to the person from whom the card is seized. 3 45 3. A person holding a permit under this chapter or 3 46 an employee of such a permittee is not subject to 3 47 criminal prosecution for, or to civil liability for 3 48 damages alleged to have resulted from, the retention 3 49 and delivery of a driver's license or a nonoperator's 3 50 identification card which is taken pursuant to 4 1 subsections 1 and 2. This section shall not be 4 2 construed to relieve a permittee or an employee of 4 3 such a permittee from civil liability for damages 4 4 resulting from the use of unreasonable force in 4 5 obtaining the alleged altered or falsified driver's 4 6 license or identification card or the driver's license 4 7 or identification card believed to belong to another 4 8 person. 4 9 Sec. 5. Section 453A.13, subsection 2, Code 1999, 4 10 is amended by adding the following new paragraph: 4 11 NEW PARAGRAPH. c. The department, or a city or 4 12 county, shall submit a duplicate of any application 4 13 for a retail permit and any retail permit issued by 4 14 the entity under this subsection to the Iowa 4 15 department of public health within thirty days of the 4 16 issuance. 4 17 Sec. 6. Section 453A.22, subsection 2, paragraphs 4 18 c and d, Code 1999, are amended to read as follows: 4 19 c. For a third violation within a period offive4 20 three years, the violator's permit shall be suspended 4 21 for a period of sixty days. 4 22 d. For a fourth violation within a period offive4 23 three years, the violator's permit shall be revoked. 4 24 Sec. 7. Section 453A.22, Code 1999, is amended by 4 25 adding the following new subsections: 4 26 NEW SUBSECTION. 4. Notwithstanding subsection 3, 4 27 if a retail permit is suspended or revoked under this 4 28 section, the suspension or revocation shall only apply 4 29 to the place of business at which the violation 4 30 occurred and shall not apply to any other place of 4 31 business to which the retail permit applies but at 4 32 which the violation did not occur. 4 33 NEW SUBSECTION. 5. The department or local 4 34 authority shall report the suspension or revocation of 4 35 a retail permit under this section to the Iowa 4 36 department of public health within thirty days of the 4 37 suspension or revocation of the retail permit. 4 38 Sec. 8. Section 602.6405, Code 1999, is amended by 4 39 adding the following new subsection: 4 40 NEW SUBSECTION. 1A. a. Magistrates shall hear 4 41 and determine violations of and penalties for 4 42 violations of section 453A.2, subsection 2. 4 43 b. Magistrates shall forward copies of citations 4 44 issued for violations of section 453A.2, subsection 2, 4 45 and of their dispositions to the clerk of the district 4 46 court. The clerk of the district court shall maintain 4 47 records of citations issued and the dispositions of 4 48 citations, and shall forward a copy of the records to 4 49 the Iowa department of public health. 4 50 Sec. 9. Section 805.6, Code 1999, is amended by 5 1 adding the following new subsection: 5 2 NEW SUBSECTION. 2A. The uniform citation and 5 3 complaint shall contain a place for citing a person in 5 4 violation of section 453A.2, subsection 2. 5 5 Sec. 10. Section 805.8, subsection 11, paragraph 5 6 b, Code Supplement 1999, is amended to read as 5 7 follows: 5 8 b. (1) For violations of section 453A.2, 5 9 subsection 2, the scheduled fine is as follows and is 5 10 a civil penalty, and the criminal penalty surcharge 5 11 under section 911.2 shall not be added to the penalty, 5 12 and the court costs pursuant to section 805.9, 5 13 subsection 6, shall not be imposed: 5 14 (a) If the violation is a first offense, the 5 15 scheduled fine istwenty-fivefifty dollars. 5 16 (b) If the violation is a second offense, the 5 17 scheduled fine isfiftyone hundred dollars. 5 18 (c) If the violation is a third or subsequent 5 19 offense, the scheduled fine isonetwo hundred fifty 5 20 dollars. 5 21 However, the fine shall not be imposed for a first 5 22 or second offense if the court determines that the 5 23 violator shall instead perform unpaid community 5 24 service or attend tobacco education classes pursuant 5 25 to section 453A.3, subsection 2. 5 26 (2) For failing to pay the civil penalty under 5 27 section453A.2453A.3, subsection 2, or to perform the 5 28 unpaid community service or to attend tobacco 5 29 education classes under section 453A.3, subsection 2, 5 30 the scheduled criminal fine istwenty-fivefifty 5 31 dollars if the violation is a first offense,fiftyone 5 32 hundred dollars if the violation is a second offense, 5 33 andonetwo hundred fifty dollars if the violation is 5 34 a third or subsequent offense. Failure to pay the 5 35 scheduled criminal fine shall not result in the person 5 36 being detained in a secure facility. The complainant 5 37 shall not be charged a filing fee." 5 38 5 39 5 40 5 41 NANCY BOETTGER 5 42 5 43 5 44 MICHAEL E. GRONSTAL 5 45 5 46 5 47 5 48 STEWART IVERSON, Jr. 5 49 MATT McCOY 5 50 SF 2366.802 78 6 1 pf/cf
Text: S05113 Text: S05115 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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