Text: SSB03205 Text: SSB03207 Text: SSB03200 - SSB03299 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, as applicable: 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 violationto be used for enforcement2 17of section 453A.2. 2 18 b. For a first or second offense, performance of community 2 19 service or attendance at tobacco education classes, if 2 20 available. 2 21 Sec. 4. NEW SECTION. 453A.4 SEIZURE OF FALSE OR ALTERED 2 22 DRIVER'S LICENSE OR NONOPERATOR'S IDENTIFICATION CARD. 2 23 1. If a person holding a permit under this chapter or an 2 24 employee of such a permittee has a reasonable belief based on 2 25 factual evidence that a driver's license as defined in section 2 26 321.1, subsection 20A, or nonoperator's identification card 2 27 issued pursuant to section 321.190 offered by a person who 2 28 wishes to purchase cigarettes or tobacco products is altered 2 29 or falsified or belongs to another person, the permittee or 2 30 employee may retain the driver's license or nonoperator's 2 31 identification card. Within twenty-four hours, the card shall 2 32 be delivered to the appropriate city or county law enforcement 2 33 agency of the jurisdiction in which the permittee's premises 2 34 is located, and the permittee shall file a written report of 2 35 the circumstances under which the card was retained. The 3 1 local law enforcement agency may investigate whether a 3 2 violation of section 321.216, 321.216A, or 321.216C has 3 3 occurred. If an investigation is not initiated or probable 3 4 cause is not established by the local law enforcement agency, 3 5 the driver's license or nonoperator's identification card 3 6 shall be delivered to the person to whom it was issued. The 3 7 local law enforcement agency may forward the card with the 3 8 report to the state department of transportation for 3 9 investigation, in which case, the state department of 3 10 transportation may investigate whether a violation of section 3 11 321.216, 321.216A, or 321.216C has occurred. The state 3 12 department of transportation shall return the card to the 3 13 person to whom it was issued if an investigation is not 3 14 initiated or probable cause is not established. 3 15 2. Upon taking possession of an identification card as 3 16 provided in subsection 1, a receipt for the card with the date 3 17 and hour of seizure noted shall be provided to the person from 3 18 whom the card is seized. 3 19 3. A person holding a permit under this chapter or an 3 20 employee of such a permittee is not subject to criminal 3 21 prosecution for, or to civil liability for damages alleged to 3 22 have resulted from, the retention and delivery of a driver's 3 23 license or a nonoperator's identification card which is taken 3 24 pursuant to subsections 1 and 2. This section shall not be 3 25 construed to relieve a permittee or an employee of such a 3 26 permittee from civil liability for damages resulting from the 3 27 use of unreasonable force in obtaining the alleged altered or 3 28 falsified driver's license or identification card or the 3 29 driver's license or identification card believed to belong to 3 30 another person. 3 31 Sec. 5. Section 453A.13, subsection 2, Code 1999, is 3 32 amended by adding the following new paragraph: 3 33 NEW PARAGRAPH. c. The department, or a city or county, 3 34 shall submit a duplicate of any application for a retail 3 35 permit and any retail permit issued by the entity under this 4 1 subsection to the Iowa department of public health within 4 2 thirty days of the issuance. 4 3 Sec. 6. Section 453A.22, Code 1999, is amended by adding 4 4 the following new subsections: 4 5 NEW SUBSECTION. 4. Notwithstanding subsection 3, if a 4 6 retail permit is suspended or revoked under this section, the 4 7 suspension or revocation shall only apply to the place of 4 8 business at which the violation occurred and shall not apply 4 9 to any other place of business to which the retail permit 4 10 applies but at which the violation did not occur. 4 11 NEW SUBSECTION. 5. The department or local authority 4 12 shall report the suspension or revocation of a retail permit 4 13 under this section to the Iowa department of public health 4 14 within thirty days of the suspension or revocation of the 4 15 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. Magistrates shall hear and determine 4 19 violations of and penalties for violations of section 453A.2, 4 20 subsection 2. 4 21 Sec. 8. Section 805.6, Code 1999, is amended by adding the 4 22 following new subsection: 4 23 NEW SUBSECTION. 2A. The uniform citation and complaint 4 24 shall contain a place for citing a person in violation of 4 25 section 453A.2, subsection 2. 4 26 Sec. 9. Section 805.8, subsection 11, paragraph b, Code 4 27 Supplement 1999, is amended to read as follows: 4 28 b. (1) For violations of section 453A.2, subsection 2, 4 29 the scheduled fine is as follows and is a civil penalty, and 4 30 the criminal penalty surcharge under section 911.2 shall not 4 31 be added to the penalty, and the court costs pursuant to 4 32 section 805.9, subsection 6, shall not be imposed: 4 33 (a) If the violation is a first offense, the scheduled 4 34 fine istwenty-fivefifty dollars. 4 35 (b) If the violation is a second offense, the scheduled 5 1 fine isfiftyone hundred dollars. 5 2 (c) If the violation is a third or subsequent offense, the 5 3 scheduled fine isonetwo hundred fifty dollars. 5 4 However, the fine shall not be imposed for a first or 5 5 second offense if the court determines that the violator shall 5 6 instead perform unpaid community service or attend tobacco 5 7 education classes pursuant to section 453A.3, subsection 2. 5 8 (2) For failing to pay the civil penalty under section 5 9 453A.2, subsection 2, or to perform the unpaid community 5 10 service or to attend tobacco education classes under section 5 11 453A.3, subsection 2, the scheduled criminal fine istwenty-5 12fivefifty dollars if the violation is a first offense,fifty5 13 one hundred dollars if the violation is a second offense, and 5 14onetwo hundred fifty dollars if the violation is a third or 5 15 subsequent offense. Failure to pay the scheduled criminal 5 16 fine shall not result in the person being detained in a secure 5 17 facility. The complainant shall not be charged a filing fee. 5 18 EXPLANATION 5 19 This bill makes changes in the laws relating to cigarettes 5 20 and tobacco products. 5 21 The bill creates new Code section 321.216C, which makes the 5 22 use of a driver's license or nonoperator's identification card 5 23 by a person under the age of 18 to obtain cigarettes or 5 24 tobacco products a simple misdemeanor. This provision is 5 25 similar to the use of the same documents in obtaining alcohol. 5 26 The procedure for seizing such documents is established in the 5 27 bill under new Code section 453A.3A. 5 28 The bill amends Code section 453A.2 to provide that 5 29 possession of cigarettes or tobacco products by an individual 5 30 under the age of 18 as part of the individual's employment, if 5 31 the individual is employed by a holder of a valid permit under 5 32 the cigarette and tobacco products chapter or by a person who 5 33 lawfully offers for sale or sells cigarettes or tobacco 5 34 products, does not constitute a violation of the prohibition 5 35 against a minor possessing cigarettes or tobacco products. 6 1 Additionally, the bill provides that a person does not violate 6 2 Code section 453A.2 if conduct that would otherwise constitute 6 3 a violation is performed to assess compliance with the law and 6 4 if either the compliance effort is conducted by or under the 6 5 supervision of law enforcement officers or the compliance 6 6 effort is conducted with the advance knowledge of law 6 7 enforcement officers and reasonable measures are adopted to 6 8 ensure that minors do not use these products as a result of 6 9 the compliance efforts. 6 10 The bill amends Code section 453A.3, subsection 2, to 6 11 provide that a person who violates the prohibition against a 6 12 minor smoking, using, possessing, purchasing, or attempting to 6 13 purchase tobacco, tobacco products, or cigarettes, is subject 6 14 to either a civil penalty (the current penalty) or a new 6 15 alternative penalty of performance of community service or 6 16 attendance at tobacco education classes, if available and if 6 17 the violation is a first or second offense. The bill adds a 6 18 provision to Code section 805.6, to require that the current 6 19 uniform judicial citation and complaint form include a place 6 20 for citing a person for a violation of Code section 453A.2, 6 21 subsection 2. The bill amends Code section 602.6405 to 6 22 require judicial magistrates to hear and determine violations 6 23 of and penalties for violations of Code section 453A.2, 6 24 subsection 2. 6 25 The bill creates a new Code section 453A.4, which provides 6 26 a procedure for seizure of a false or altered driver's license 6 27 or nonoperator's identification offered by a person who wishes 6 28 to purchase cigarettes or tobacco products. The provision is 6 29 similar to that used in the context of the purchase of 6 30 alcohol. 6 31 The amendment to Code section 453A.13 requires the 6 32 department of revenue and finance and cities and counties 6 33 issuing permits for the retail sales of cigarettes to submit a 6 34 copy of any application submitted to and of any permit issued 6 35 by the entity to the Iowa department of public health. 7 1 The amendment to Code section 453A.22 provides that if a 7 2 retail permit is suspended or revoked, the suspension or 7 3 revocation only applies to the place of business at which the 7 4 violation occurred and not to any other place of business to 7 5 which the permit applies but at which the violation did not 7 6 occur. The amendment to Code section 453A.22 also requires 7 7 the department of revenue and finance and cities and counties 7 8 to report any suspension or revocation of a retail permit to 7 9 the Iowa department of public health. 7 10 Additionally, the amendment to Code section 805.8 is a 7 11 conforming amendment to reflect the option of requiring 7 12 performance of unpaid community service or attendance at 7 13 tobacco education classes as an alternative to payment of a 7 14 scheduled fine for violations of Code section 453A.2, 7 15 subsection 2, for a first or second offense relating to a 7 16 minor's use, possession, or purchase of cigarettes or tobacco 7 17 products. 7 18 The amendment to Code section 805.8, increases the 7 19 scheduled fines and scheduled criminal fines for failure to 7 20 comply with the initial penalty. The scheduled fine for a 7 21 first offense is increased from $25 to $50, for a second 7 22 offense from $50 to $100, and for a third or subsequent 7 23 offense, from $100 to $250. Additionally, the penalty for 7 24 failure to pay the civil penalty or for failure to perform the 7 25 unpaid community service or to attend the tobacco education 7 26 classes is increased from $25 to $50 for a first offense, from 7 27 $50 to $100 for a second offense, and from $100 to $250 for a 7 28 third or subsequent offense. 7 29 LSB 6916SC 78 7 30 pf/cls/14
Text: SSB03205 Text: SSB03207 Text: SSB03200 - SSB03299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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