Text: HSB00704                          Text: HSB00706
Text: HSB00700 - HSB00799               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 705

Bill Text

PAG LIN
  1  1    Section 1.  Section 453A.22, Code 2001, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  2A.  Notwithstanding subsection 2, a
  1  4 retailer shall not be guilty of a first violation of section
  1  5 453A.2, if conduct that would otherwise constitute a first
  1  6 violation is performed but the retailer documents all of the
  1  7 following:
  1  8    1.  That the retailer has instituted an employee training
  1  9 program that provides detailed information regarding the
  1 10 penalties for violation of federal and state laws and
  1 11 regulations relating to the sale, giving, or otherwise
  1 12 supplying of any tobacco, tobacco products, or cigarettes to
  1 13 any person under eighteen years of age.
  1 14    2.  That the retailer has obtained written acknowledgment
  1 15 from all employees of the retailer stating that the employees
  1 16 have been provided with and understand the information
  1 17 described in subsection 1.
  1 18    3.  That the retailer has installed and has instructed
  1 19 employees with regard to the use of an electronic age
  1 20 verification device.  For the purposes of this subsection,
  1 21 "electronic age verification device" means a device that is
  1 22 capable of reading the information that is encoded on the bar
  1 23 code or magnetic strip of a driver's license as defined in
  1 24 section 321.1, subsection 20A, or nonoperator's identification
  1 25 card issued pursuant to section 321.190 for the purpose of
  1 26 determining the age of the individual presenting the driver's
  1 27 license or nonoperator's identification card.
  1 28    Following a deferral of the imposition of a first violation
  1 29 under this subsection, if a retailer violates section 453A.2,
  1 30 the conduct shall constitute a first violation.
  1 31    Sec. 2.  Section 805.8C, subsection 3, paragraph b, Code
  1 32 Supplement 2001, is amended to read as follows:
  1 33    b.  For violations of section 453A.2, subsection 1, by an
  1 34 employee of a retailer, the scheduled fine is as follows:
  1 35    (1)  If the violation is a first offense, the scheduled
  2  1 fine is one two hundred fifty dollars.
  2  2    (2)  If the violation is a second offense, the scheduled
  2  3 fine is two five hundred fifty dollars.
  2  4    (3)  If the violation is a third or subsequent offense, the
  2  5 scheduled fine is five hundred one thousand dollars.  
  2  6                           EXPLANATION
  2  7    This bill includes provisions relating to the sale, giving,
  2  8 or otherwise supplying of tobacco, tobacco products, or
  2  9 cigarettes to any person under 18 years of age.  The bill
  2 10 provides that notwithstanding an initial alleged violation by
  2 11 a retailer of the prohibition of selling, giving, or otherwise
  2 12 supplying of tobacco, tobacco products, or cigarettes to a
  2 13 person under 18 years of age, a retailer is not guilty of such
  2 14 a first violation if conduct that would otherwise constitute a
  2 15 first violation is performed but the retailer documents that
  2 16 the retailer has instituted an employee training program that
  2 17 provides detailed information regarding the penalties for
  2 18 violation of federal and state laws and regulations relating
  2 19 to the sale, giving, or otherwise supplying of any tobacco,
  2 20 tobacco products, or cigarettes to any person under 18 years
  2 21 of age; that the retailer has obtained written acknowledgment
  2 22 from all employees of the retailer stating that the employees
  2 23 have been provided with and understand the information
  2 24 regarding penalties for violation of state and federal laws
  2 25 and regulations; and that the retailer has installed and has
  2 26 instructed employees with regard to the use of an electronic
  2 27 verification device.
  2 28    Following deferral of the imposition of a first violation,
  2 29 if the retailer violates the prohibition against selling,
  2 30 giving, or otherwise supplying tobacco, tobacco products, or
  2 31 cigarettes to a person under 18 years of age, the retailer's
  2 32 conduct constitutes a first violation.
  2 33    The bill also increases the amount of the fine for
  2 34 violation by the employee of a retailer of the prohibition
  2 35 against selling, giving, or otherwise supplying of tobacco,
  3  1 tobacco products, or cigarettes to a person under 18 years of
  3  2 age.  The bill increases the fine for a first offense from
  3  3 $100 to $250, for a second offense from $250 to $500, and for
  3  4 a third or subsequent offense from $500 to $1,000.  
  3  5 LSB 6747HC 79
  3  6 pf/pj/5
     

Text: HSB00704                          Text: HSB00706
Text: HSB00700 - HSB00799               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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