Text: S05560                            Text: S05562
Text: S05500 - S05599                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5561

Amendment Text

PAG LIN
  1  1    Amend House File 2555, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 11, by inserting after line 34 the
  1  4 following:
  1  5    "Sec. 101.  NEW SECTION.  453A.39  TOBACCO PRODUCT
  1  6 AND CIGARETTE SAMPLES – RESTRICTIONS –
  1  7 ADMINISTRATION.
  1  8    1.  A manufacturer, distributor, wholesaler,
  1  9 retailer, or distributing agent or agent thereof shall
  1 10 not give away cigarettes or tobacco products at any
  1 11 time in connection with the manufacturer's,
  1 12 distributor's, wholesaler's, retailer's, or
  1 13 distributing agent's business or for promotion of the
  1 14 business or product, except as provided in subsection
  1 15 2.
  1 16    2.  a.  A manufacturer, distributor, wholesaler,
  1 17 retailer, or distributing agent or agent thereof shall
  1 18 not give away any cigarettes or tobacco products to
  1 19 any person under eighteen years of age, or within five
  1 20 hundred feet of any playground, school, high school,
  1 21 or other facility when such facility is being used
  1 22 primarily by persons under age eighteen for
  1 23 recreational, educational, or other purposes.
  1 24    b.  Proof of age shall be required if a reasonable
  1 25 person could conclude on the basis of outward
  1 26 appearance that a prospective recipient of a sample
  1 27 may be under eighteen years of age.
  1 28    c.  Persons engaged in sampling shall secure stocks
  1 29 of samples in safe locations in order to avoid
  1 30 inadvertent distribution of samples contrary to the
  1 31 provisions of this section.
  1 32    d.  Sampling shall cease at a particular location
  1 33 when circumstances arise that make it apparent that
  1 34 sampling cannot continue in a manner consistent with
  1 35 the provisions of this section; however, sampling may
  1 36 resume at that location when such circumstances abate.
  1 37    e.  All cigarette samples shall be shipped to a
  1 38 distributor that has a permit to stamp cigarettes or
  1 39 little cigars with Iowa tax.  The manufacturer
  1 40 shipping samples under this section shall send an
  1 41 affidavit to the director stating the quantity and to
  1 42 whom the samples were shipped.  The distributor
  1 43 receiving the shipment shall send an affidavit to the
  1 44 director stating the quantity and from whom the
  1 45 samples were shipped.  These affidavits shall be duly
  1 46 notarized and submitted to the director at time of
  1 47 shipment and receipt of the samples.  The distributor
  1 48 shall pay the tax on samples by separate remittance
  1 49 along with the affidavit.
  1 50    3.  The prohibitions in this section do not apply
  2  1 to transactions between manufacturers, distributors,
  2  2 wholesalers, or retailers."
  2  3    #2.  Page 13, by inserting after line 3 the
  2  4 following:
  2  5    "Sec. 102.  Section 142A.6, subsection 6, as
  2  6 enacted by 2000 Iowa Acts, House File 2565, section 6,
  2  7 is amended by striking the subsection.
  2  8    Sec. 103.  2000 Iowa Acts, House File 2565, section
  2  9 12, is repealed."
  2 10    #3.  Page 13, by inserting after line 15 the
  2 11 following:
  2 12    "Sec.    .  EFFECTIVE DATE.  Sections 101, 102, and
  2 13 103 of this Act, being deemed of immediate importance,
  2 14 take effect upon enactment."
  2 15    #4.  Title page, line 2, by striking the words "an
  2 16 effective date" and inserting the following:
  2 17 "effective dates".
  2 18    #5.  By renumbering as necessary.  
  2 19 
  2 20 
  2 21                               
  2 22 JACK RIFE
  2 23 
  2 24 
  2 25                               
  2 26 RICHARD F. DRAKE
  2 27 HF 2555.216 78
  2 28 pf/gg
     

Text: S05560                            Text: S05562
Text: S05500 - S05599                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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