Text: SSB01024 Text: SSB01026 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 by adding the following new paragraph:
1 3 NEW PARAGRAPH. e. A person who violates this subsection
1 4 is guilty of a simple misdemeanor.
1 5 Sec. 2. Section 453A.3, subsection 1, paragraph c, Code
1 6 2001, is amended by striking the paragraph.
1 7 Sec. 3. Section 453A.22, subsection 2, unnumbered
1 8 paragraph 1, Code 2001, is amended to read as follows:
1 9 If a retailer or employee of a retailer has violated
1 10 section 142A.6, subsection 6, section 453A.2, or section
1 11 453A.36, subsection 6, the department or local authority, in
1 12 addition to the other penalties fixed for such violations in
1 13 this section, shall assess a penalty upon the same hearing and
1 14 notice as prescribed in subsection 1 as follows:
1 15 EXPLANATION
1 16 This bill relates to the criminal and civil penalties
1 17 applicable to all types of distributors and sellers for giving
1 18 away cigarettes and tobacco products or for providing free
1 19 items in exchange for the purchase of cigarettes and tobacco
1 20 products.
1 21 A criminal penalty applied to similar prohibitions in the
1 22 1999 Code in section 453A.39. The prohibitions were repealed,
1 23 rewritten, and placed in Code section 142A.6 by 2000 Iowa
1 24 Acts, chapter 1192, section 6. However, in repealing Code
1 25 section 453A.39, all cross-references to that section were not
1 26 corrected, thereby eliminating any penalty for violation of
1 27 the new Code section 142A.6, subsection 6, prohibition.
1 28 The civil penalty applied to similar prohibitions in the
1 29 1999 Code in section 453A.22. 2000 Iowa Acts, chapters 1232,
1 30 section 71, deleted the reference in Code section 453A.22 to
1 31 Code section 453A.39, but did not refer to new Code section
1 32 142A.6. The bill provides for the same penalties to apply to
1 33 a violation of Code section 142A.6, subsection 6, and strikes
1 34 the incorrect reference to the repealed Code section 453A.39.
1 35 LSB 1958SC 79
2 1 pf/cf/24
Text: SSB01024 Text: SSB01026 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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