Text: SF02197 Text: SF02199 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 453A.1, Code 2001, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 1A. "Bidi cigarette" means a product 1 4 that contains tobacco that is wrapped in temburni or tendu 1 5 leaf or any other material identified by rules of the Iowa 1 6 department of public health that is similar in appearance or 1 7 characteristics to the temburni or tendu leaf. 1 8 NEW SUBSECTION. 23A. "Smoking herbs" means all substances 1 9 of plant origin and other derivatives including but not 1 10 limited to broom, calea, California poppy, damiana, hops, 1 11 ginseng, lobelia, jimson weed and other members of the Datura 1 12 genus, passion flower, and wild lettuce, which are processed 1 13 or sold primarily for use as smoking materials. "Smoking 1 14 herbs" does not include any substance of plant origin or other 1 15 derivative that is a controlled substance, as defined in 1 16 section 124.101, including but not limited to marijuana as 1 17 defined in that section, or any such substance that is 1 18 otherwise prohibited or regulated by law. 1 19 NEW SUBSECTION. 25A. "Tobacco accessories" means 1 20 cigarette papers, pipes, holders of smoking materials of all 1 21 types, cigarette rolling machines, and other items, designed 1 22 primarily for the smoking or ingestion of tobacco, tobacco 1 23 products, or cigarettes or of any illegal substance or of a 1 24 substance whose sale, giving, or otherwise supplying to 1 25 another person is prohibited by law. 1 26 Sec. 2. Section 453A.1, subsection 3, Code 2001, is 1 27 amended to read as follows: 1 28 3. "Cigarette" means any roll for smoking made wholly or 1 29 in part of tobacco, or any substitute for tobacco, 1 30 irrespective of size or shape and irrespective of tobacco or 1 31 any substitute for tobacco being flavored, adulterated, or 1 32 mixed with any other ingredient,wherewhen such roll has a 1 33 wrapper or cover made of paper or any other material. 1 34Provided the definition herein shall not be construed to1 35 "Cigarette" includes a bidi cigarette but does not include 2 1cigarsa cigar. 2 2 Sec. 3. NEW SECTION. 453A.5 TOBACCO ACCESSORIES AND 2 3 SMOKING HERBS – PROHIBITIONS – PERSONS UNDER LEGAL AGE – 2 4 PENALTIES. 2 5 1. A person shall not sell, give, or otherwise supply 2 6 tobacco accessories or smoking herbs to any person under 2 7 eighteen years of age. 2 8 2. A person who violates this section is subject to the 2 9 following penalties, as applicable: 2 10 a. For a first offense, a civil penalty of not less than 2 11 one hundred dollars but not to exceed five hundred dollars. 2 12 b. For a second offense within a two-year period, a civil 2 13 penalty of not less than two hundred dollars but not to exceed 2 14 five hundred dollars. 2 15 c. For a third or subsequent offense within a two-year 2 16 period, a civil penalty of not less than five hundred dollars 2 17 but not to exceed one thousand dollars. 2 18 Sec. 4. NEW SECTION. 453A.5A BIDI CIGARETTES – 2 19 PROHIBITIONS – PENALTIES. 2 20 1. A person shall not sell, give, or otherwise supply bidi 2 21 cigarettes to a person under eighteen years of age. 2 22 2. A person who violates this section is subject to the 2 23 following penalties, as applicable: 2 24 a. For a first offense, a civil penalty of not less than 2 25 one hundred dollars but not to exceed five hundred dollars. 2 26 b. For a second offense within a two-year period, a civil 2 27 penalty of not less than two hundred dollars but not to exceed 2 28 five hundred dollars. 2 29 c. For a third or subsequent offense within a two-year 2 30 period, a civil penalty of not less than five hundred dollars 2 31 but not to exceed one thousand dollars. 2 32 EXPLANATION 2 33 This bill relates to certain cigarettes, tobacco products, 2 34 and tobacco accessories. 2 35 The bill defines "bidi cigarette" and also includes a bidi 3 1 cigarette in the definition of "cigarette". By including bidi 3 2 cigarettes in the definition of cigarettes, all other 3 3 provisions of Code chapter 453A (cigarette and tobacco taxes) 3 4 that apply to cigarettes in general also apply specifically to 3 5 bidi cigarettes, including payment of the tax on cigarettes, 3 6 affixing of stamps, and permit requirements. By reference to 3 7 this definition of cigarettes, the provisions of Code chapter 3 8 142A (tobacco use prevention and control) and of Code chapter 3 9 321 (motor vehicle and laws of the road) would also relate to 3 10 bidi cigarettes. Additionally, under the bill, existing law 3 11 relating to persons under legal age and cigarettes in general, 3 12 including existing penalties, would also apply to persons 3 13 under legal age and bidi cigarettes, specifically. The bill 3 14 also includes a duplicative section that prohibits the sale, 3 15 giving, or otherwise supplying of bidi cigarettes to persons 3 16 under 18 years of age. The separate section also includes 3 17 penalties for the sale, giving, or otherwise supplying of bidi 3 18 cigarettes to persons under 18 years of age that conflict with 3 19 the existing penalties for the sale, giving, or otherwise 3 20 supplying of cigarettes to persons under 18 years of age. The 3 21 penalties are: for a first offense, a civil penalty of not 3 22 less than $100 but not to exceed $500; for a second offense 3 23 within a two-year period, a civil penalty of not less than 3 24 $200 but not to exceed $500; and for a third or subsequent 3 25 offense within a two-year period, a civil penalty of not less 3 26 than $500 but not to exceed $1,000. 3 27 The bill defines "smoking herbs" and "tobacco accessories" 3 28 and provides that a person shall not sell, give, or otherwise 3 29 supply tobacco accessories or smoking herbs to any person 3 30 under 18 years of age. The penalties for violation of the 3 31 prohibition are: for a first offense, a civil penalty of not 3 32 less than $100 but not to exceed $500; for a second offense 3 33 within a two-year period, a civil penalty of not less than 3 34 $200 but not to exceed $500; and for a third or subsequent 3 35 offense within a two-year period, a civil penalty of not less 4 1 than $500 but not to exceed $1,000. 4 2 LSB 5752SV 79 4 3 pf/sh/8.1
Text: SF02197 Text: SF02199 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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