Text: HF00636 Text: HF00638 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 453A.2, Code 2003, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 5A. If a county health department, a city 1 4 health department, or a city has not assessed a penalty 1 5 pursuant to section 453A.22, subsection 2, for a violation of 1 6 subsection 1, within sixty days of the adjudication of the 1 7 violation, the matter shall be transferred to and be the 1 8 exclusive responsibility of the Iowa department of public 1 9 health. Following transfer of the matter, if the violation is 1 10 contested, the Iowa department of public health shall request 1 11 an administrative hearing before an administrative law judge, 1 12 assigned by the division of administrative hearings of the 1 13 department of inspections and appeals in accordance with the 1 14 provisions of section 10A.801, to adjudicate the matter 1 15 pursuant to chapter 17A. 1 16 Sec. 2. NEW SECTION. 453A.2A TOBACCO COMPLIANCE EMPLOYEE 1 17 TRAINING PROGRAM. 1 18 1. The alcoholic beverages division of the department of 1 19 commerce shall develop a tobacco compliance employee training 1 20 program not to exceed two hours in length for employees and 1 21 prospective employees of tobacco retailers to inform the 1 22 employees about state and federal laws and regulations 1 23 regarding the sale of cigarettes and tobacco products to 1 24 persons under eighteen years of age and compliance with and 1 25 the importance of laws regarding the sale of cigarettes and 1 26 tobacco products to persons under eighteen years of age. 1 27 2. The tobacco compliance employee training program shall 1 28 be made available to employees and prospective employees of 1 29 tobacco retailers at no cost to the employee, the prospective 1 30 employee, or the retailer, and in a manner which is as 1 31 convenient and accessible to the extent practicable throughout 1 32 the state so as to encourage attendance. Contingent upon the 1 33 availability of specified funds for provision of the program, 1 34 the division shall schedule the program on at least a monthly 1 35 basis and the program shall be available at a location in at 2 1 least a majority of counties. 2 2 3. Upon completion of the tobacco compliance employee 2 3 training program, an employee or prospective employee shall 2 4 receive a certificate of completion, which shall be valid for 2 5 a period of two years, unless the employee or prospective 2 6 employee is convicted of a violation of section 453A.2, 2 7 subsection 1, in which case the certificate shall be void. 2 8 4. The tobacco compliance employee training program shall 2 9 also offer periodic continuing employee training and 2 10 recertification for employees who have completed initial 2 11 training and received certificates of completion. 2 12 Sec. 3. Section 453A.22, subsection 2, Code 2003, is 2 13 amended to read as follows: 2 14 2. If a retailer or employee of a retailer has violated 2 15 section 453A.2 or section 453A.36, subsection 6, the 2 16 department, the Iowa department of public health, or the local 2 17 authority, in addition to the other penalties fixed for such 2 18 violations in this section, shall assess a penalty upon the 2 19 same hearing and notice as prescribed in subsection 1 as 2 20 follows: 2 21 a. For a first violation, the retailer shall be assessed a 2 22 civil penalty in the amount of three hundred dollars. Failure 2 23 to pay the civil penalty as ordered under this subsection 2 24 shall result in automatic suspension of the permit for a 2 25 period of fourteen days. 2 26 b. For a second violation within a period of two years, 2 27 the retailer shall be assessed a civil penalty in the amount 2 28 of one thousand five hundred dollars or the retailer's permit 2 29 shall be suspended for a period of thirty days. The retailer 2 30 may select its preference in the penalty to be applied under 2 31 this paragraph. 2 32 c. For a third violation within a period of three years, 2 33 the retailer shall be assessed a civil penalty in the amount 2 34 of one thousand five hundred dollars and the retailer's permit 2 35 shall be suspended for a period ofsixtythirty days. 3 1 d. For a fourth violation within a period of three years, 3 2 the retailer shall be assessed a civil penalty in the amount 3 3 of one thousand five hundred dollars and the retailer's permit 3 4 shall berevokedsuspended for a period of sixty days. 3 5 e. For a fifth violation within a period of four years, 3 6 the retailer's permit shall be revoked. 3 7 Sec. 4. Section 453A.22, Code 2003, is amended by adding 3 8 the following new subsections: 3 9 NEW SUBSECTION. 2A. If an employee of a retailer violates 3 10 section 453A.2, subsection 1, the retailer shall not be 3 11 assessed a penalty under subsection 2, and the violation shall 3 12 be deemed not to be a violation of section 453A.2, subsection 3 13 1, for the purpose of determining the number of violations for 3 14 which a penalty may be assessed pursuant to subsection 2, if 3 15 the employee holds a valid certificate of completion of the 3 16 tobacco compliance employee training program pursuant to 3 17 section 453A.2A at the time of the violation. A retailer may 3 18 assert only once in a four-year period the bar under either 3 19 this subsection or subsection 2B against assessment of a 3 20 penalty pursuant to subsection 2, for a violation of section 3 21 453A.2, that takes place at the same place of business 3 22 location. 3 23 NEW SUBSECTION. 2B. If an employee of a retailer violates 3 24 section 453A.2, subsection 1, the retailer shall not be 3 25 assessed a penalty under subsection 2, and the violation shall 3 26 be deemed not to be a violation of section 453A.2, subsection 3 27 1, for the purpose of determining the number of violations for 3 28 which a penalty may be assessed pursuant to subsection 2, if 3 29 the retailer provides written documentation that the employee 3 30 of the retailer has completed an in-house tobacco compliance 3 31 employee training program or a tobacco compliance employee 3 32 training program which is substantially similar to the "I 3 33 Pledge" program developed by the alcoholic beverages division 3 34 of the department of commerce. A retailer may assert only 3 35 once in a four-year period the bar under this subsection 4 1 against assessment of a penalty pursuant to subsection 2, for 4 2 a violation of section 453A.2, that takes place at the same 4 3 place of business location. 4 4 Sec. 5. APPLICABILITY PROVISIONS. 4 5 1. Notwithstanding any provision of law to the contrary, 4 6 the section of this Act creating section 453A.2, subsection 4 7 5A, is applicable to violations pending on the effective date 4 8 of this Act for which a penalty has not been assessed under 4 9 section 453A.22, subsection 2. 4 10 2. Notwithstanding section 453A.22, subsection 2, Code 4 11 2003, the section of this Act amending section 453A.22, 4 12 subsection 2, is applicable to each violation of section 4 13 453A.2, subsection 1, by a retailer or an employee of a 4 14 retailer which is pending on the effective date of this Act 4 15 and for which a penalty has not been assessed under section 4 16 453A.22, subsection 2, Code 2003. 4 17 Sec. 6. Section 453A.22, subsection 2B, as enacted by this 4 18 Act, is repealed one year from the effective date of this Act. 4 19 Sec. 7. EFFECTIVE DATE. This Act, being deemed of 4 20 immediate importance, takes effect upon enactment. 4 21 EXPLANATION 4 22 This bill relates to tobacco products and cigarette 4 23 retailers. 4 24 The bill provides that if a county health department, city 4 25 health department, or a city has not assessed a penalty for a 4 26 violation of Code section 453A.2, subsection 1, relating to 4 27 selling, giving, or otherwise supplying any tobacco, tobacco 4 28 products, or cigarettes to any person under 18 years of age, 4 29 within 60 days of the adjudication of the violation, the 4 30 matter is transferred to the Iowa department of public health 4 31 (IDPH) and is the exclusive responsibility of IDPH. If the 4 32 violation is then contested, IDPH is to request a hearing 4 33 before an administrative law judge provided by the department 4 34 of inspections and appeals to adjudicate the matter pursuant 4 35 to Code chapter 17A. 5 1 The bill requires the alcoholic beverages division of the 5 2 department of commerce to develop a tobacco compliance 5 3 employee training program, not to exceed two hours in length, 5 4 to be provided to employees and prospective employees of 5 5 tobacco retailers to inform the employees about state and 5 6 federal laws and regulations regarding the sale of cigarettes 5 7 and tobacco products to persons under 18 and compliance with 5 8 and the importance of laws regarding the sale of cigarettes 5 9 and tobacco products to persons under 18. The program is to 5 10 be provided at no cost to the employee, prospective employee, 5 11 or retailer and in a manner that is convenient and accessible 5 12 to the extent practicable throughout the state in order to 5 13 encourage attendance. Contingent on availability of funds, 5 14 the program is to be scheduled on at least a monthly basis and 5 15 at locations in at least a majority of the counties. The 5 16 employee or prospective employee is to receive a certificate 5 17 of completion, valid for two years, unless the employee or 5 18 prospective employee is convicted of a violation of section 5 19 453A.2, subsection 1. In that case, the certificate is void. 5 20 The program is also to offer periodic continuing employee 5 21 training and recertification. 5 22 The bill changes the penalties assessed against retailers 5 23 for a violation of Code section 453A.2 or section 453A.36, 5 24 subsection 6, by a retailer or employee of a retailer. 5 25 Currently, for a second violation within a two-year period, 5 26 the penalty is suspension of the retailer's permit for 30 5 27 days. The bill changes this to provide that the penalty is 5 28 either a civil penalty of $1,500 or suspension of the permit 5 29 for 30 days. The retailer is allowed to select its preference 5 30 of the penalty to be applied. Currently, for a third 5 31 violation within a three-year period, the retailer's permit is 5 32 suspended for 60 days. The bill would provide that the 5 33 penalty instead is a civil penalty of $1,500 and suspension of 5 34 the permit for 30 days. Currently, for a fourth violation in 5 35 a period of three years, the penalty is revocation of the 6 1 permit. Under the bill, the penalty instead is a civil 6 2 penalty of $1,500 and suspension of the permit for 60 days. 6 3 Under the bill, a new penalty is created for a fifth violation 6 4 in a period of four years, which is revocation of the permit. 6 5 The bill provides that if an employee of a retailer 6 6 violates Code section 453A.2, subsection 1, the retailer is 6 7 not to be assessed a penalty under Code section 453A.22, 6 8 subsection 2, and the violation is not to be deemed a 6 9 violation for the purposes of determining the number of 6 10 violations for which a penalty may be assessed against the 6 11 retailer under that subsection, if the employee holds a 6 12 certificate of completion of the compliance training program 6 13 at the time of the violation. The retailer is allowed to 6 14 assert either this bar or the bar under a subsequent new 6 15 subsection only once in a four-year period that takes place at 6 16 the same place of business location. 6 17 The bill also provides in a new subsection that if an 6 18 employee of a retailer violates Code section 453A.2, 6 19 subsection 1, the retailer is not to be assessed a penalty 6 20 under Code section 453A.22, subsection 2, and the violation is 6 21 not to be deemed a violation for the purposes of determining 6 22 the number of violations for which a penalty may be assessed 6 23 against the retailer under that subsection, if the employer 6 24 provides written documentation that the employee has completed 6 25 an in-house compliance training program or a compliance 6 26 training program that is substantially similar to the "I 6 27 Pledge" program of the alcohol and beverages division. The 6 28 employer is allowed to assert this bar only once in a four- 6 29 year period for a violation that takes place at the same place 6 30 of the business location. This subsection is repealed one 6 31 year from the effective date of the bill. 6 32 The bill also provides applicability provisions. The bill 6 33 provides that the section relating to transfer of certain 6 34 matters to the Iowa department of public health applies 6 35 regarding violations of Code section 453A.2, subsection 1, 7 1 applies to violations pending on the effective date of the 7 2 bill. The Code section also provides that notwithstanding 7 3 Code section 453A.22, subsection 2, as it appears in Code 7 4 2003, the Code section of the Act amending that Code 7 5 subsection applies to each violation of Code section 453A.2, 7 6 subsection 1, by a retailer or an employee of a retailer, 7 7 which is pending on the effective date of the bill and for 7 8 which a penalty has not been assessed under Code section 7 9 453A.22, subsection 2. 7 10 The bill takes effect upon enactment. 7 11 LSB 2779HV 80 7 12 pf/pj/5
Text: HF00636 Text: HF00638 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2003 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: Thu Apr 3 02:30:16 CST 2003
URL: /DOCS/GA/80GA/Legislation/HF/00600/HF00637/030319.html
jhf