Text: SSB03151 Text: SSB03153 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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 8shall pay ais subject to one of the following: 2 9 a. A civil penalty pursuant to section 805.8, subsection 2 10 11. Failure to paythea 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 5606XL 78 7 27 pf/cls/14.2
Text: SSB03151 Text: SSB03153 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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