Text: SSB01000 Text: SSB01002 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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 The prohibitions were repealed,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
Text: SSB01000 Text: SSB01002 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Jan 17 03:35:11 CST 2001
URL: /DOCS/GA/79GA/Legislation/SSB/01000/SSB01001/010116.html
jhf