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PAG LIN 1 1 SENATE FILE 2366 1 2 1 3 AN ACT 1 4 RELATING TO THE PURCHASE, POSSESSION, AND SALE OF CIGARETTES 1 5 AND TOBACCO PRODUCTS AND PROVIDING PENALTIES. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. NEW SECTION. 321.216C USE OF DRIVER'S LICENSE 1 10 OR NONOPERATOR'S IDENTIFICATION CARD BY UNDERAGE PERSON TO 1 11 OBTAIN CIGARETTES OR TOBACCO PRODUCTS. 1 12 A person who is under the age of eighteen, who alters or 1 13 displays or has in the person's possession a fictitious or 1 14 fraudulently altered driver's license or nonoperator's 1 15 identification card and who uses the license or card to 1 16 violate or attempt to violate section 453A.2, subsection 2, 1 17 commits a simple misdemeanor punishable by a fine of one 1 18 hundred dollars. The court shall forward a copy of the 1 19 conviction to the department. 1 20 Sec. 2. Section 453A.2, Code 1999, is amended by adding 1 21 the following new subsections: 1 22 NEW SUBSECTION. 2A. Possession of cigarettes or tobacco 1 23 products by an individual under eighteen years of age does not 1 24 constitute a violation under this section if the individual 1 25 under eighteen years of age possesses the cigarettes or 1 26 tobacco products as part of the individual's employment and 1 27 the individual is employed by a person who holds a valid 1 28 permit under this chapter or who lawfully offers for sale or 1 29 sells cigarettes or tobacco products. 1 30 NEW SUBSECTION. 5. A person shall not be guilty of a 1 31 violation of this section if conduct that would otherwise 1 32 constitute a violation is performed to assess compliance with 1 33 cigarette and tobacco products laws if any of the following 1 34 applies: 1 35 a. The compliance effort is conducted by or under the 2 1 supervision of law enforcement officers. 2 2 b. The compliance effort is conducted with the advance 2 3 knowledge of law enforcement officers and reasonable measures 2 4 are adopted by those conducting the effort to ensure that use 2 5 of cigarettes or tobacco products by individuals under 2 6 eighteen years of age does not result from participation by 2 7 any individual under eighteen years of age in the compliance 2 8 effort. 2 9 For the purposes of this subsection, "law enforcement 2 10 officer" means a peace officer as defined in section 801.4 and 2 11 includes persons designated under subsection 3 to enforce this 2 12 section. 2 13 Sec. 3. Section 453A.3, Code 1999, is amended to read as 2 14 follows: 2 15 453A.3 PENALTY. 2 16 1. a. A person, other than a retailer, who violates 2 17 section 453A.2, subsection 1,or section 453A.39is guilty of 2 18 a simple misdemeanor. 2 19 b. An employee of a retailer who violates section 453A.2, 2 20 subsection 1, commits a simple misdemeanor punishable as a 2 21 scheduled violation under section 805.8, subsection 11. 2 22 c. A person who violates section 453A.39, is guilty of a 2 23 simple misdemeanor. 2 24 2. A person who violates section 453A.2, subsection 2, 2 25shall pay ais subject to the following, as applicable: 2 26 a. A civil penalty pursuant to section 805.8, subsection 2 27 11.Failure to pay the civil penalty imposed for a violation2 28of section 453A.2, subsection 2, is a simple misdemeanor2 29punishable as a scheduled violation under section 805.8,2 30subsection 11.Notwithstanding section 602.8106 or any other 2 31 provision to the contrary, any civil penaltyor criminal fine2 32 paid under this subsection shall be retained by the city or 2 33 county enforcing the violationto be used for enforcement of2 34section 453A.2. 2 35 b. For a first offense, performance of eight hours of 3 1 community work requirements, unless waived by the court. 3 2 c. For a second offense, performance of twelve hours of 3 3 community work requirements. 3 4 d. For a third or subsequent offense, performance of 3 5 sixteen hours of community work requirements. 3 6 Sec. 4. NEW SECTION. 453A.4 SEIZURE OF FALSE OR ALTERED 3 7 DRIVER'S LICENSE OR NONOPERATOR'S IDENTIFICATION CARD. 3 8 1. If a person holding a permit under this chapter or an 3 9 employee of such a permittee has a reasonable belief based on 3 10 factual evidence that a driver's license as defined in section 3 11 321.1, subsection 20A, or nonoperator's identification card 3 12 issued pursuant to section 321.190 offered by a person who 3 13 wishes to purchase cigarettes or tobacco products is altered 3 14 or falsified or belongs to another person, the permittee or 3 15 employee may retain the driver's license or nonoperator's 3 16 identification card. Within twenty-four hours, the card shall 3 17 be delivered to the appropriate city or county law enforcement 3 18 agency of the jurisdiction in which the permittee's premises 3 19 is located, and the permittee shall file a written report of 3 20 the circumstances under which the card was retained. The 3 21 local law enforcement agency may investigate whether a 3 22 violation of section 321.216, 321.216A, or 321.216C has 3 23 occurred. If an investigation is not initiated or probable 3 24 cause is not established by the local law enforcement agency, 3 25 the driver's license or nonoperator's identification card 3 26 shall be delivered to the person to whom it was issued. The 3 27 local law enforcement agency may forward the card with the 3 28 report to the state department of transportation for 3 29 investigation, in which case, the state department of 3 30 transportation may investigate whether a violation of section 3 31 321.216, 321.216A, or 321.216C has occurred. The state 3 32 department of transportation shall return the card to the 3 33 person to whom it was issued if an investigation is not 3 34 initiated or probable cause is not established. 3 35 2. Upon taking possession of an identification card as 4 1 provided in subsection 1, a receipt for the card with the date 4 2 and hour of seizure noted shall be provided to the person from 4 3 whom the card is seized. 4 4 3. A person holding a permit under this chapter or an 4 5 employee of such a permittee is not subject to criminal 4 6 prosecution for, or to civil liability for damages alleged to 4 7 have resulted from, the retention and delivery of a driver's 4 8 license or a nonoperator's identification card which is taken 4 9 pursuant to subsections 1 and 2. This section shall not be 4 10 construed to relieve a permittee or an employee of such a 4 11 permittee from civil liability for damages resulting from the 4 12 use of unreasonable force in obtaining the alleged altered or 4 13 falsified driver's license or identification card or the 4 14 driver's license or identification card believed to belong to 4 15 another person. 4 16 Sec. 5. Section 453A.13, subsection 2, Code 1999, is 4 17 amended by adding the following new paragraph: 4 18 NEW PARAGRAPH. c. The department, or a city or county, 4 19 shall submit a duplicate of any application for a retail 4 20 permit and any retail permit issued by the entity under this 4 21 subsection to the Iowa department of public health within 4 22 thirty days of the issuance. 4 23 Sec. 6. Section 453A.22, subsection 2, Code 1999, is 4 24 amended to read as follows: 4 25 2. If a retailer or employee of a retailer has violated 4 26 section 453A.2, 453A.36, subsection 6, or 453A.39, the 4 27 department or local authority, in addition to the other 4 28 penalties fixed for such violations in this section, shall 4 29 assess a penalty upon the same hearing and notice as 4 30 prescribed in subsection 1 as follows: 4 31 a. For a first violation, theviolatorretailer shall be 4 32 assessed a civil penalty in the amount of three hundred 4 33 dollars. Failure to pay the civil penalty as ordered under 4 34 this subsection shall result in automatic suspension of the 4 35 permit for a period of fourteen days. 5 1 b. For a second violation within a period of two years, 5 2 theviolator'sretailer's permit shall be suspended for a 5 3 period of thirty days. 5 4 c. For a third violation within a period offivethree 5 5 years, theviolator'sretailer's permit shall be suspended for 5 6 a period of sixty days. 5 7 d. For a fourth violation within a period offivethree 5 8 years, theviolator'sretailer's permit shall be revoked. 5 9 Sec. 7. Section 453A.22, Code 1999, is amended by adding 5 10 the following new subsections: 5 11 NEW SUBSECTION. 4. Notwithstanding subsection 3, if a 5 12 retail permit is suspended or revoked under this section, the 5 13 suspension or revocation shall only apply to the place of 5 14 business at which the violation occurred and shall not apply 5 15 to any other place of business to which the retail permit 5 16 applies but at which the violation did not occur. 5 17 NEW SUBSECTION. 5. The department or local authority 5 18 shall report the suspension or revocation of a retail permit 5 19 under this section to the Iowa department of public health 5 20 within thirty days of the suspension or revocation of the 5 21 retail permit. 5 22 Sec. 8. Section 602.6405, Code 1999, is amended by adding 5 23 the following new subsection: 5 24 NEW SUBSECTION. 1A. a. Magistrates shall hear and 5 25 determine violations of and penalties for violations of 5 26 section 453A.2, subsection 2. 5 27 b. Magistrates shall forward copies of citations issued 5 28 for violations of section 453A.2, subsection 2, and of their 5 29 dispositions to the clerk of the district court. The clerk of 5 30 the district court shall maintain records of citations issued 5 31 and the dispositions of citations, and shall forward a copy of 5 32 the records to the Iowa department of public health. 5 33 Sec. 9. Section 805.6, Code 1999, is amended by adding the 5 34 following new subsection: 5 35 NEW SUBSECTION. 2A. The uniform citation and complaint 6 1 shall contain a place for citing a person in violation of 6 2 section 453A.2, subsection 2. 6 3 Sec. 10. Section 805.8, subsection 11, Code Supplement 6 4 1999, is amended by adding the following new paragraph after 6 5 paragraph a, and relettering the subsequent paragraph: 6 6 NEW PARAGRAPH. aa. For violations of section 453A.2, 6 7 subsection 1, by an employee of a retailer, the scheduled fine 6 8 is as follows: 6 9 (1) If the violation is a first offense, the scheduled 6 10 fine is one hundred dollars. 6 11 (2) If the violation is a second offense, the scheduled 6 12 fine is two hundred fifty dollars. 6 13 (3) If the violation is a third or subsequent offense, the 6 14 scheduled fine is five hundred dollars. 6 15 Sec. 11. Section 805.8, subsection 11, paragraph b, Code 6 16 Supplement 1999, is amended to read as follows: 6 17 b.(1)For violations of section 453A.2, subsection 2, 6 18 the scheduled fine is as follows and is a civil penalty, and 6 19 the criminal penalty surcharge under section 911.2 shall not 6 20 be added to the penalty, and the court costs pursuant to 6 21 section 805.9, subsection 6, shall not be imposed: 6 22(a)(1) If the violation is a first offense, the scheduled 6 23 fine istwenty-fivefifty dollars. 6 24(b)(2) If the violation is a second offense, the 6 25 scheduled fine isfiftyone hundred dollars. 6 26(c)(3) If the violation is a third or subsequent offense, 6 27 the scheduled fine isonetwo hundred fifty dollars. 6 28(2) For failing to pay the civil penalty under section6 29453A.2, subsection 2, the scheduled criminal fine is twenty-6 30five dollars if the violation is a first offense, fifty6 31dollars if the violation is a second offense, and one hundred6 32dollars if the violation is a third or subsequent offense.6 33Failure to pay the scheduled criminal fine shall not result in6 34the person being detained in a secure facility. The6 35complainant shall not be charged a filing fee.7 1 7 2 7 3 7 4 MARY E. KRAMER 7 5 President of the Senate 7 6 7 7 7 8 7 9 BRENT SIEGRIST 7 10 Speaker of the House 7 11 7 12 I hereby certify that this bill originated in the Senate and 7 13 is known as Senate File 2366, Seventy-eighth General Assembly. 7 14 7 15 7 16 7 17 MICHAEL E. MARSHALL 7 18 Secretary of the Senate 7 19 Approved , 2000 7 20 7 21 7 22 7 23 THOMAS J. VILSACK 7 24 Governor 7 25
Text: SF02365 Text: SF02367 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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