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PAG LIN
1 1 SENATE FILE 2317
1 2
1 3 AN ACT
1 4 RELATING TO THE TOBACCO MASTER SETTLEMENT AGREEMENT, INCLUDING
1 5 TOBACCO PRODUCT MANUFACTURER COMPLIANCE, MAKING AN
1 6 APPROPRIATION, AND PROVIDING PENALTIES.
1 7
1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 9
1 10 Section 1. Section 453A.22, subsection 1, Code 2001, is
1 11 amended to read as follows:
1 12 1. If a person holding a permit issued by the department
1 13 under this division, including a retailer permit for railway
1 14 car, has willfully violated section 453A.2 or 453A.58, the
1 15 department shall revoke the permit upon notice and hearing.
1 16 If the person violates any other provision of this division,
1 17 or a rule adopted under this division, or is substantially
1 18 delinquent in the payment of a tax administered by the
1 19 department or the interest or penalty on the tax, or if the
1 20 person is a corporation and if any officer having a
1 21 substantial legal or equitable interest in the ownership of
1 22 the corporation owes any delinquent tax of the permit-holding
1 23 corporation, or interest or penalty on the tax, administered
1 24 by the department, the department may revoke the permit issued
1 25 to the person, after giving the permit holder an opportunity
1 26 to be heard upon ten days' written notice stating the reason
1 27 for the contemplated revocation and the time and place at
1 28 which the person may appear and be heard. The hearing before
1 29 the department may be held at a site in the state as the
1 30 department may direct. The notice shall be given by mailing a
1 31 copy to the permit holder's place of business as it appears on
1 32 the application for a permit. If, upon hearing, the
1 33 department finds that the violation has occurred, the
1 34 department may revoke the permit.
1 35 Sec. 2. Section 453A.44, subsection 10, Code 2001, is
2 1 amended to read as follows:
2 2 10. The director may revoke, cancel, or suspend the
2 3 license or licenses of any distributor or subjobber for
2 4 violation of any of the provisions of this division, for
2 5 violation of section 453A.58, or for violation of any other
2 6 act applicable to the sale of tobacco products, or any rule or
2 7 regulations promulgated by the director in furtherance of this
2 8 division. No license shall be revoked, canceled, or suspended
2 9 except after notice and a hearing by the director as provided
2 10 in section 453A.48.
2 11 DIVISION IV
2 12 MANUFACTURERS' COMPLIANCE
2 13 Sec. 3. NEW SECTION. 453A.57 DEFINITIONS.
2 14 For the purposes of this division, unless the context
2 15 otherwise requires:
2 16 1. "Cigarette" means the same as defined in section
2 17 453C.1.
2 18 2. "Distributor" means the same as defined in sections
2 19 453A.1 and 453A.42.
2 20 2A. "Master settlement agreement" means the same as
2 21 defined in section 453C.1.
2 22 3. "Tobacco product manufacturer" means the same as
2 23 defined in section 453C.1.
2 24 Sec. 4. NEW SECTION. 453A.58 DISTRIBUTORS –
2 25 DETERMINATION OF TOBACCO PRODUCT MANUFACTURER COMPLIANCE.
2 26 1. A distributor shall not affix stamps or cause stamps to
2 27 be affixed to individual packages of any brand of cigarettes
2 28 sold or distributed by the distributor in this state and shall
2 29 not act as a distributor for any roll-your-own-tobacco unless
2 30 either of the following conditions applies:
2 31 a. The tobacco product manufacturer of the brand, or any
2 32 predecessor tobacco product manufacturer of the brand, is a
2 33 participating manufacturer in compliance with section 453C.2,
2 34 subsection 1.
2 35 b. The tobacco product manufacturer of the brand, or any
3 1 predecessor tobacco product manufacturer of the brand, has
3 2 provided the distributor with a current certification that
3 3 such tobacco product manufacturer and all predecessor tobacco
3 4 product manufacturers of the brand are in full compliance with
3 5 section 453C.2, subsection 2.
3 6 2. A distributor shall not affix stamps or cause stamps to
3 7 be affixed to individual packages of any brand of cigarettes,
3 8 subsequent to notice to the distributor by the department of
3 9 revenue and finance that the tobacco product manufacturer is
3 10 in violation of chapter 453C with reference to that brand.
3 11 Sec. 5. NEW SECTION. 453A.59 TOBACCO PRODUCT
3 12 MANUFACTURER CERTIFICATION.
3 13 1. A tobacco product manufacturer whose cigarettes are
3 14 sold for consumption in this state shall quarterly certify,
3 15 under penalty of perjury, that as of the date of
3 16 certification, the tobacco product manufacturer and any
3 17 predecessor of the tobacco product manufacturer are either of
3 18 the following:
3 19 a. A participating manufacturer pursuant to section
3 20 453C.2, subsection 1.
3 21 b. In full compliance with section 453C.2, subsection 2.
3 22 2. A certification under subsection 1 shall also state,
3 23 under penalty of perjury, that the tobacco product
3 24 manufacturer is in compliance with section 453A.62, and shall
3 25 be accompanied by a list of cigarette brands sold by the
3 26 tobacco product manufacturer in this state.
3 27 3. If certification is made pursuant to subsection 1,
3 28 paragraph "b", the certification shall also state, under
3 29 penalty of perjury, that the per unit price to the distributor
3 30 includes an amount equal to the amount required to be placed
3 31 into escrow under section 453C.2, subsection 2.
3 32 4. A copy of the certification shall be delivered to the
3 33 director, the attorney general, and any distributor of the
3 34 tobacco product manufacturer. A distributor shall retain a
3 35 copy of the certificate for two years from the date of
4 1 receipt.
4 2 5. The director shall prescribe the form of the
4 3 certificate required and the specific dates on which the
4 4 certificate must be filed.
4 5 Sec. 6. NEW SECTION. 453A.60 CIVIL PENALTIES.
4 6 A distributor that violates this division is subject to the
4 7 civil penalties specified in section 453A.31, subsection 2.
4 8 Sec. 7. NEW SECTION. 453A.61 INFORMATION EXCHANGE.
4 9 For the purposes of enforcement of chapter 453C and this
4 10 division, the department and the attorney general may share
4 11 all information collected under chapter 453C and this division
4 12 with each other, with the national association of attorneys
4 13 general, and with agencies of other states responsible for
4 14 enforcement of cigarette and tobacco laws.
4 15 Sec. 8. NEW SECTION. 453A.62 REGISTERED AGENT.
4 16 1. A tobacco product manufacturer whose cigarettes are
4 17 sold for consumption in this state shall, prior to any such
4 18 sale, maintain in this state both a registered office and a
4 19 registered agent that meet the criteria prescribed in section
4 20 490.501.
4 21 2. A registered agent is the tobacco product
4 22 manufacturer's agent for service of process, notice, or demand
4 23 required or permitted by law to be served on the tobacco
4 24 product manufacturer.
4 25 3. If a tobacco product manufacturer does not have a
4 26 registered agent, or the agent cannot be served with
4 27 reasonable diligence, the tobacco product manufacturer may be
4 28 served by any means provided in section 490.504.
4 29 4. Registration and changes of a registered office or
4 30 registered agent or resignation of a registered agent shall be
4 31 filed with the department in accordance with rules adopted by
4 32 the department.
4 33 Sec. 9. TOBACCO SETTLEMENT FUND – APPROPRIATION –
4 34 LITIGATION COSTS. There is appropriated from the tax-exempt
4 35 bond proceeds restricted capital funds account of the tobacco
5 1 settlement trust fund established in section 12E.12, to the
5 2 treasurer of state for the fiscal year beginning July 1, 2001,
5 3 and ending June 30, 2002, the following amount, or so much
5 4 thereof as is necessary, to supplement the appropriation made
5 5 in 2001 Iowa Acts, chapter 176, section 25, to be used for the
5 6 purpose designated:
5 7 For payment of litigation fees incurred pursuant to the
5 8 tobacco master settlement agreement:
5 9 .................................................. $ 944,880
5 10 Sec. 10. EFFECTIVE DATE. Section 9 of this Act relating
5 11 to an appropriation from the tax-exempt bond proceeds
5 12 restricted capital funds account of the tobacco settlement
5 13 trust fund for payment of litigation fees, being deemed of
5 14 immediate importance, takes effect upon enactment.
5 15
5 16
5 17
5 18 MARY E. KRAMER
5 19 President of the Senate
5 20
5 21
5 22
5 23 BRENT SIEGRIST
5 24 Speaker of the House
5 25
5 26 I hereby certify that this bill originated in the Senate and
5 27 is known as Senate File 2317, Seventy-ninth General Assembly.
5 28
5 29
5 30
5 31 MICHAEL E. MARSHALL
5 32 Secretary of the Senate
5 33 Approved , 2002
5 34
5 35
6 1
6 2 THOMAS J. VILSACK
6 3 Governor
Text: SF02316 Text: SF02318 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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