Text: HF00636                           Text: HF00638
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 637

Partial Bill History

Bill Text

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 of sixty thirty 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 be revoked suspended 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

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