Text: HF00489 Text: HF00491 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 142B.6, Code 2001, is amended to read
1 2 as follows:
1 3 142B.6 CIVIL PENALTY FOR VIOLATION – UNIFORM APPLICATION.
1 4 1. A person who smokes in those areas prohibited in
1 5 section 142B.2, or who violates section 142B.4, shall pay a
1 6 civil fine pursuant to section 805.8, subsection 11 for each
1 7 violation.
1 8 2. Judicial magistrates shall hear and determine
1 9 violations of this chapter. The civil penalties paid pursuant
1 10 to this chapter shall be deposited in the county treasury.
1 11 3. Enforcement of this chapter shall be implemented in an
1 12 equitable manner throughout the state. For the purpose of
1 13 complying with section 364.1 and section 364.2, subsections 1,
1 14 2, and 3, and for the purpose of equitable and uniform
1 15 implementation, application, and enforcement of state and
1 16 local laws and regulations, the provisions of this chapter
1 17 shall supersede any local law or regulation which is
1 18 inconsistent with or conflicts with the provisions of this
1 19 chapter. This subsection shall not be interpreted to limit
1 20 the power of local law enforcement to enforce this chapter and
1 21 local law enforcement may enforce this chapter.
1 22 Sec. 2. Section 453A.49, Code 2001, is amended to read as
1 23 follows:
1 24 453A.49 ENFORCEMENT.
1 25 The director shall enforce the provisions of this division.
1 26 The director may prescribe rules not inconsistent with the
1 27 provisions of this division for its detailed and efficient
1 28 administration. In the enforcement of this division the
1 29 director may call upon any county attorney or the attorney
1 30 general for assistance. The director may bring injunction
1 31 proceedings to restrain any person from acting as a
1 32 distributor or subjobber without complying with the provisions
1 33 of this division. This section shall not be interpreted to
1 34 limit the power of local law enforcement to enforce this
1 35 division and local law enforcement may enforce this division.
2 1 Sec. 3. Section 453A.56, Code 2001, is amended to read as
2 2 follows:
2 3 453A.56 UNIFORM APPLICATION.
2 4 Enforcement of this chapter shall be implemented in an
2 5 equitable manner throughout the state. For the purpose of
2 6 complying with section 364.1 and section 364.2, subsections 1,
2 7 2, and 3, and for the purpose of equitable and uniform
2 8 implementation, application, and enforcement of state and
2 9 local laws and regulations, the provisions of this chapter
2 10 shall supersede any local law or regulation which is
2 11 inconsistent with or conflicts with the provisions of this
2 12 chapter. This section shall not be interpreted to limit the
2 13 power of local law enforcement to enforce this chapter and
2 14 local law enforcement may enforce this chapter.
2 15 EXPLANATION
2 16 This bill amends the provisions of Code chapter 142B
2 17 relating to smoking prohibitions for public places and Code
2 18 chapter 453A relating to cigarette and tobacco taxes regarding
2 19 enforcement. The bill provides that enforcement is to be
2 20 carried out in compliance with the home rule provisions of
2 21 Code chapter 364. The bill also provides that the enforcement
2 22 provisions are not to be interpreted to limit local law
2 23 enforcement from enforcing the chapters and provides that
2 24 local law enforcement may enforce the chapters.
2 25 LSB 2627HH 79
2 26 pf/cf/24
Text: HF00489 Text: HF00491 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
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