Text: SF02196                           Text: SF02198
Text: SF02100 - SF02199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 2197

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  321.216C  USE OF DRIVER'S LICENSE
  1  2 OR NONOPERATOR'S IDENTIFICATION CARD BY UNDERAGE PERSON TO
  1  3 OBTAIN CIGARETTES OR TOBACCO PRODUCTS.
  1  4    A person who is under the age of eighteen, who alters or
  1  5 displays or has in the person's possession a fictitious or
  1  6 fraudulently altered driver's license or nonoperator's
  1  7 identification card and who uses the license or card to
  1  8 violate or attempt to violate section 453A.2, subsection 2,
  1  9 commits a simple misdemeanor punishable by a fine of one
  1 10 hundred dollars.  The court shall forward a copy of the
  1 11 conviction to the department.
  1 12    Sec. 2.  Section 453A.2, Code 1999, is amended by adding
  1 13 the following new subsections:
  1 14    NEW SUBSECTION.  2A.  Possession of cigarettes or tobacco
  1 15 products by an individual under eighteen years of age does not
  1 16 constitute a violation under this section if the individual
  1 17 under eighteen years of age possesses the cigarettes or
  1 18 tobacco products as part of the individual's employment and
  1 19 the individual is employed by a person who holds a valid
  1 20 permit under this chapter or who lawfully offers for sale or
  1 21 sells cigarettes or tobacco products.
  1 22    NEW SUBSECTION.  5.  A person shall not be guilty of a
  1 23 violation of this section if conduct that would otherwise
  1 24 constitute a violation is performed to assess compliance with
  1 25 cigarette and tobacco products laws if any of the following
  1 26 applies:
  1 27    a.  The compliance effort is conducted by or under the
  1 28 supervision of law enforcement officers.
  1 29    b.  The compliance effort is conducted with the advance
  1 30 knowledge of law enforcement officers and reasonable measures
  1 31 are adopted by those conducting the effort to ensure that use
  1 32 of cigarettes or tobacco products by individuals under
  1 33 eighteen years of age does not result from participation by
  1 34 any individual under eighteen years of age in the compliance
  1 35 effort.
  2  1    For the purposes of this subsection, "law enforcement
  2  2 officer" means a peace officer as defined in section 801.4 and
  2  3 includes persons designated under subsection 3 to enforce this
  2  4 section.
  2  5    Sec. 3.  Section 453A.3, subsection 2, Code 1999, is
  2  6 amended to read as follows:
  2  7    2.  A person who violates section 453A.2, subsection 2,
  2  8 shall pay a is subject to one of the following:
  2  9    a.  A civil penalty pursuant to section 805.8, subsection
  2 10 11.  Failure to pay the a civil penalty imposed for a
  2 11 violation of section 453A.2, subsection 2, is a simple
  2 12 misdemeanor punishable as a scheduled violation under section
  2 13 805.8, subsection 11.  Notwithstanding section 602.8106 or any
  2 14 other provision to the contrary, any civil penalty or criminal
  2 15 fine paid under this subsection shall be retained by the city
  2 16 or county enforcing the violation to be used for enforcement
  2 17 of section 453A.2.
  2 18    b.  Performance of community service or attendance at
  2 19 tobacco education classes, if available.
  2 20    Sec. 4.  NEW SECTION.  453A.4  SEIZURE OF FALSE OR ALTERED
  2 21 DRIVER'S LICENSE OR NONOPERATOR IDENTIFICATION CARD.
  2 22    1.  If a person holding a permit under this chapter or an
  2 23 employee of such a permittee has a reasonable belief based on
  2 24 factual evidence that a driver's license as defined in section
  2 25 321.1, subsection 20A, or nonoperator identification card
  2 26 issued pursuant to section 321.190 offered by a person who
  2 27 wishes to purchase cigarettes or tobacco products is altered
  2 28 or falsified or belongs to another person, the permittee or
  2 29 employee may retain the driver's license or nonoperator
  2 30 identification card.  Within twenty-four hours, the card shall
  2 31 be delivered to the appropriate city or county law enforcement
  2 32 agency of the jurisdiction in which the permittee's premises
  2 33 is located, and the permittee shall file a written report of
  2 34 the circumstances under which the card was retained.  The
  2 35 local law enforcement agency may investigate whether a
  3  1 violation of section 321.216, 321.216A, or 321.216C has
  3  2 occurred.  If an investigation is not initiated or probable
  3  3 cause is not established by the local law enforcement agency,
  3  4 the driver's license or nonoperator identification card shall
  3  5 be delivered to the person to whom it was issued.  The local
  3  6 law enforcement agency may forward the card with the report to
  3  7 the state department of transportation for investigation, in
  3  8 which case, the state department of transportation may
  3  9 investigate whether a violation of section 321.216, 321.216A,
  3 10 or 321.216C has occurred.  The state department of
  3 11 transportation shall return the card to the person to whom it
  3 12 was issued if an investigation is not initiated or probable
  3 13 cause is not established.
  3 14    2.  Upon taking possession of an identification card as
  3 15 provided in subsection 1, a receipt for the card with the date
  3 16 and hour of seizure noted shall be provided to the person from
  3 17 whom the card is seized.
  3 18    3.  A person holding a permit under this chapter or an
  3 19 employee of such a permittee is not subject to criminal
  3 20 prosecution for, or to civil liability for damages alleged to
  3 21 have resulted from, the retention and delivery of a driver's
  3 22 license or a nonoperator identification card which is taken
  3 23 pursuant to subsections 1 and 2.  This section shall not be
  3 24 construed to relieve a permittee or an employee of such a
  3 25 permittee from civil liability for damages resulting from the
  3 26 use of unreasonable force in obtaining the alleged altered or
  3 27 falsified driver's license or identification card or the
  3 28 driver's license or identification card believed to belong to
  3 29 another person.
  3 30    Sec. 5.  Section 453A.13, subsection 2, Code 1999, is
  3 31 amended by adding the following new paragraph:
  3 32    NEW PARAGRAPH.  c.  The department, or a city or county,
  3 33 shall submit a duplicate of any application for a retail
  3 34 permit and any retail permit issued by the entity under this
  3 35 subsection to the Iowa department of public health within
  4  1 thirty days of the issuance.
  4  2    Sec. 6.  Section 453A.22, Code 1999, is amended by adding
  4  3 the following new subsections:
  4  4    NEW SUBSECTION.  4.  Notwithstanding subsection 3, if a
  4  5 retail permit is suspended or revoked under this section, the
  4  6 suspension or revocation shall only apply to the place of
  4  7 business at which the violation occurred and shall not apply
  4  8 to any other place of business to which the retail permit
  4  9 applies but at which the violation did not occur.
  4 10    NEW SUBSECTION.  5.  The department or local authority
  4 11 shall report any citation issued to a retail permit holder,
  4 12 and the suspension or revocation of a retail permit under this
  4 13 section to the Iowa department of public health within thirty
  4 14 days of the issuance of the citation or the suspension or
  4 15 revocation of the retail permit.
  4 16    Sec. 7.  Section 602.6405, Code 1999, is amended by adding
  4 17 the following new subsection:
  4 18    NEW SUBSECTION.  1A.  a.  Magistrates shall hear and
  4 19 determine violations of and penalties for violations of
  4 20 section 453A.2, subsection 2.
  4 21    b.  Magistrates shall forward copies of citations issued
  4 22 for violations of section 453A.2, subsection 2, and of their
  4 23 dispositions to the clerk of the district court.  The clerk of
  4 24 the district court shall maintain records of citations issued
  4 25 and the disposition of the citations, and shall forward a copy
  4 26 of the records to the Iowa department of public health.
  4 27    Sec. 8.  Section 805.6, Code 1999, is amended by adding the
  4 28 following new subsection:
  4 29    NEW SUBSECTION.  2A.  The uniform citation and complaint
  4 30 shall contain a place for citing a person in violation of
  4 31 section 453A.2, subsection 2.
  4 32    Sec. 9.  Section 805.8, subsection 11, paragraph b, Code
  4 33 Supplement 1999, is amended to read as follows:
  4 34    b.  (1)  For violations of section 453A.2, subsection 2,
  4 35 the scheduled fine is as follows and is a civil penalty, and
  5  1 the criminal penalty surcharge under section 911.2 shall not
  5  2 be added to the penalty, and the court costs pursuant to
  5  3 section 805.9, subsection 6, shall not be imposed:
  5  4    (a)  If the violation is a first offense, the scheduled
  5  5 fine is twenty-five dollars.
  5  6    (b)  If the violation is a second offense, the scheduled
  5  7 fine is fifty dollars.
  5  8    (c)  If the violation is a third or subsequent offense, the
  5  9 scheduled fine is one hundred dollars.
  5 10    However, the fine shall not be imposed if the court
  5 11 determines that the violator shall instead perform unpaid
  5 12 community service or attend tobacco education classes pursuant
  5 13 to section 453A.3, subsection 2.
  5 14    (2)  For failing to pay the civil penalty under section
  5 15 453A.2, subsection 2, or to perform the unpaid community
  5 16 service or to attend tobacco education classes under section
  5 17 453A.3, subsection 2, the scheduled criminal fine is twenty-
  5 18 five dollars if the violation is a first offense, fifty
  5 19 dollars if the violation is a second offense, and one hundred
  5 20 dollars if the violation is a third or subsequent offense.
  5 21 Failure to pay the scheduled criminal fine shall not result in
  5 22 the person being detained in a secure facility.  The
  5 23 complainant shall not be charged a filing fee.  
  5 24                           EXPLANATION
  5 25    This bill makes changes in the laws relating to cigarettes
  5 26 and tobacco products.
  5 27    The bill creates new Code section 321.216C, which makes the
  5 28 use of a driver's license or nonoperator's identification card
  5 29 by a person under the age of 18 to obtain cigarettes or
  5 30 tobacco products a simple misdemeanor.  This provision is
  5 31 similar to the use of the same documents in obtaining alcohol.
  5 32 The procedure for seizing such documents is established in the
  5 33 bill under new Code section 453A.3A.
  5 34    The bill amends Code section 453A.2 to provide that
  5 35 possession of cigarettes or tobacco products by an individual
  6  1 under the age of 18 as part of the individual's employment, if
  6  2 the individual is employed by a holder of a valid permit under
  6  3 the cigarette and tobacco products chapter or by a person who
  6  4 lawfully offers for sale or sells cigarettes or tobacco
  6  5 products, does not constitute a violation of the prohibition
  6  6 against a minor possessing cigarettes or tobacco products.
  6  7 Additionally, the bill provides that a person does not violate
  6  8 Code section 453A.2 if conduct that would otherwise constitute
  6  9 a violation is performed to assess compliance with the law and
  6 10 if either the compliance effort is conducted by or under the
  6 11 supervision of law enforcement officers or the compliance
  6 12 effort is conducted with the advance knowledge of law
  6 13 enforcement officers and reasonable measures are adopted to
  6 14 ensure that minors do not use these products as a result of
  6 15 the compliance efforts.
  6 16    The bill amends Code section 453A.3, subsection 2, to
  6 17 provide that a person who violates the prohibition against a
  6 18 minor smoking, using, possessing, purchasing, or attempting to
  6 19 purchase tobacco, tobacco products, or cigarettes, is subject
  6 20 to either a civil penalty (the current penalty) or a new
  6 21 alternative penalty of performance of community service or
  6 22 attendance at tobacco education classes, if available.  The
  6 23 bill adds a provision to Code section 805.6, to require that
  6 24 the current uniform judicial citation and complaint form
  6 25 include a place for citing a person for a violation of Code
  6 26 section 453A.2, subsection 2.  The bill amends Code section
  6 27 602.6405 to require judicial magistrates to hear and determine
  6 28 violations of and penalties for violations of Code section
  6 29 453A.2, subsection 2, and to require the clerks of the
  6 30 district court to maintain records of the citations and their
  6 31 dispositions and to forward copies of the records to the Iowa
  6 32 department of public health.
  6 33    The bill creates a new Code section 453A.4, which provides
  6 34 a procedure for seizure of a false or altered driver's license
  6 35 or nonoperator identification offered by a person who wishes
  7  1 to purchase cigarettes or tobacco products.  The provision is
  7  2 similar to that used in the context of the purchase of
  7  3 alcohol.
  7  4    The amendment to Code section 453A.13 requires the
  7  5 department of revenue and finance and cities and counties
  7  6 issuing permits for the retail sales of cigarettes to submit a
  7  7 copy of any application submitted to and of any permit issued
  7  8 by the entity to the Iowa department of public health.
  7  9    The amendment to Code section 453A.22 provides that if a
  7 10 retail permit is suspended or revoked, the suspension or
  7 11 revocation only applies to the place of business at which the
  7 12 violation occurred and not to any other place of business to
  7 13 which the permit applies but at which the violation did not
  7 14 occur.  The amendment to Code section 453A.22 also requires
  7 15 the department of revenue and finance and cities and counties
  7 16 to report any citations issued to a retail permit holder and
  7 17 any suspension or revocation of a retail permit to the Iowa
  7 18 department of public health.
  7 19    The amendment to Code section 805.8 is a conforming
  7 20 amendment to reflect the option of requiring performance of
  7 21 unpaid community service or attendance at tobacco education
  7 22 classes as an alternative to payment of a scheduled fine for
  7 23 violations of Code section 453A.2, subsection 2, relating to a
  7 24 minor's use, possession, or purchase of cigarettes or tobacco
  7 25 products.  
  7 26 LSB 5606XS 78
  7 27 pf/cls/14
     

Text: SF02196                           Text: SF02198
Text: SF02100 - SF02199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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