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Senate Study Bill 1001

Bill Text

PAG LIN
  1  1    Section 1.  Section 142A.6, subsection 6, Code 2001, is
  1  2 amended to read as follows:
  1  3    6.  In order to promote the tobacco use prevention and
  1  4 control partnership established in section 142A.1, the
  1  5 following persons shall comply with the following, as
  1  6 applicable:
  1  7    a.  A manufacturer, distributor, wholesaler, retailer, or
  1  8 distributing agent or agent thereof shall not give away
  1  9 cigarettes or tobacco products.
  1 10    b.  A manufacturer, distributor, wholesaler, retailer, or
  1 11 distributing agent or agent thereof shall not provide free
  1 12 articles, products, commodities, gifts, or concessions in any
  1 13 exchange for the purchase of cigarettes or tobacco products.
  1 14    c.  The prohibitions in this section do not apply to
  1 15 transactions between manufacturers, distributors, wholesalers,
  1 16 or retailers.
  1 17    d.  For the purpose of this subsection, manufacturer,
  1 18 distributor, wholesaler, retailer, and distributing agent mean
  1 19 as defined in section 453A.1.
  1 20    e.  A person who violates this subsection is guilty of a
  1 21 simple misdemeanor.
  1 22    Sec. 2.  Section 453A.3, subsection 1, paragraph c, Code
  1 23 2001, is amended by striking the paragraph.
  1 24    Sec. 3.  Section 453A.22, subsection 2, unnumbered
  1 25 paragraph 1, Code 2001, is amended to read as follows:
  1 26    If a retailer or employee of a retailer has violated
  1 27 section 142A.6, subsection 6, section 453A.2, or section
  1 28 453A.36, subsection 6, the department or local authority, in
  1 29 addition to the other penalties fixed for such violations in
  1 30 this section, shall assess a penalty upon the same hearing and
  1 31 notice as prescribed in subsection 1 as follows:  
  1 32                           EXPLANATION
  1 33    This bill relates to the criminal and civil penalties
  1 34 applicable to all types of distributors and sellers for giving
  1 35 away cigarettes and tobacco products or for providing free
  2  1 items in exchange for the purchase of cigarettes and tobacco
  2  2 products.
  2  3    A criminal penalty applied to similar prohibitions in the
  2  4 1999 Code in section 453A.39.  The prohibitions were repealed,
  2  5 rewritten, and placed in Code section 142A.6 by 2000 Iowa
  2  6 Acts, chapter 1192, section 6.  However, in repealing Code
  2  7 section 453A.39, all cross-references to that section were not
  2  8 corrected, thereby eliminating any penalty for violation of
  2  9 the new Code section 142A.6, subsection 6, prohibition.
  2 10    The civil penalty applied to similar prohibitions in the
  2 11 1999 Code in section 453A.22.  2000 Iowa Acts, chapters 1232,
  2 12 section 71, deleted the reference in Code section 453A.22 to
  2 13 Code section 453A.39, but did not refer to new Code section
  2 14 142A.6.  The bill provides for the same penalties to apply to
  2 15 a violation of Code section 142A.6, subsection 6, and strikes
  2 16 the incorrect reference to the repealed Code section 453A.39.  
  2 17 LSB 1675SC 79
  2 18 pf/cf/24
     

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