Text: SF00400 Text: SF00402 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 401 1 2 1 3 AN ACT 1 4 RELATING TO TOBACCO RETAILERS AND PROVIDING PENALTIES AND 1 5 PROVIDING APPLICABILITY PROVISIONS AND AN EFFECTIVE DATE. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 453A.2, Code 2003, is amended by adding 1 10 the following new subsection: 1 11 NEW SUBSECTION. 5A. If a county health department, a city 1 12 health department, or a city has not assessed a penalty 1 13 pursuant to section 453A.22, subsection 2, for a violation of 1 14 subsection 1, within sixty days of the adjudication of the 1 15 violation, the matter shall be transferred to and be the 1 16 exclusive responsibility of the Iowa department of public 1 17 health. Following transfer of the matter, if the violation is 1 18 contested, the Iowa department of public health shall request 1 19 an administrative hearing before an administrative law judge, 1 20 assigned by the division of administrative hearings of the 1 21 department of inspections and appeals in accordance with the 1 22 provisions of section 10A.801, to adjudicate the matter 1 23 pursuant to chapter 17A. 1 24 Sec. 2. NEW SECTION. 453A.2A TOBACCO COMPLIANCE EMPLOYEE 1 25 TRAINING PROGRAM. 1 26 1. The alcoholic beverages division of the department of 1 27 commerce shall develop a tobacco compliance employee training 1 28 program not to exceed two hours in length for employees and 1 29 prospective employees of tobacco retailers to inform the 1 30 employees about state and federal laws and regulations 1 31 regarding the sale of cigarettes and tobacco products to 1 32 persons under eighteen years of age and compliance with and 1 33 the importance of laws regarding the sale of cigarettes and 1 34 tobacco products to persons under eighteen years of age. 1 35 2. The tobacco compliance employee training program shall 2 1 be made available to employees and prospective employees of 2 2 tobacco retailers at no cost to the employee, the prospective 2 3 employee, or the retailer, and in a manner which is as 2 4 convenient and accessible to the extent practicable throughout 2 5 the state so as to encourage attendance. Contingent upon the 2 6 availability of specified funds for provision of the program, 2 7 the division shall schedule the program on at least a monthly 2 8 basis and the program shall be available at a location in at 2 9 least a majority of counties. 2 10 3. Upon completion of the tobacco compliance employee 2 11 training program, an employee or prospective employee shall 2 12 receive a certificate of completion, which shall be valid for 2 13 a period of two years, unless the employee or prospective 2 14 employee is convicted of a violation of section 453A.2, 2 15 subsection 1, in which case the certificate shall be void. 2 16 4. The tobacco compliance employee training program shall 2 17 also offer periodic continuing employee training and 2 18 recertification for employees who have completed initial 2 19 training and received certificates of completion. 2 20 Sec. 3. Section 453A.22, subsection 2, Code 2003, is 2 21 amended to read as follows: 2 22 2. If a retailer or employee of a retailer has violated 2 23 section 453A.2 or section 453A.36, subsection 6, the 2 24 department or local authority, or the Iowa department of 2 25 public health following transfer of the matter to the Iowa 2 26 department of public health pursuant to section 453A.2, 2 27 subsection 5A, in addition to the other penalties fixed for 2 28 such violations in this section, shall assess a penalty upon 2 29 the same hearing and notice as prescribed in subsection 1 as 2 30 follows: 2 31 a. For a first violation, the retailer shall be assessed a 2 32 civil penalty in the amount of three hundred dollars. Failure 2 33 to pay the civil penalty as ordered under this subsection 2 34 shall result in automatic suspension of the permit for a 2 35 period of fourteen days. 3 1 b. For a second violation within a period of two years, 3 2 the retailer shall be assessed a civil penalty in the amount 3 3 of one thousand five hundred dollars or the retailer's permit 3 4 shall be suspended for a period of thirty days. The retailer 3 5 may select its preference in the penalty to be applied under 3 6 this paragraph. 3 7 c. For a third violation within a period of three years, 3 8 the retailer shall be assessed a civil penalty in the amount 3 9 of one thousand five hundred dollars and the retailer's permit 3 10 shall be suspended for a period ofsixtythirty days. 3 11 d. For a fourth violation within a period of three years, 3 12 the retailer shall be assessed a civil penalty in the amount 3 13 of one thousand five hundred dollars and the retailer's permit 3 14 shall berevokedsuspended for a period of sixty days. 3 15 e. For a fifth violation within a period of four years, 3 16 the retailer's permit shall be revoked. 3 17 Sec. 4. Section 453A.22, Code 2003, is amended by adding 3 18 the following new subsections: 3 19 NEW SUBSECTION. 2A. If an employee of a retailer violates 3 20 section 453A.2, subsection 1, the retailer shall not be 3 21 assessed a penalty under subsection 2, and the violation shall 3 22 be deemed not to be a violation of section 453A.2, subsection 3 23 1, for the purpose of determining the number of violations for 3 24 which a penalty may be assessed pursuant to subsection 2, if 3 25 the employee holds a valid certificate of completion of the 3 26 tobacco compliance employee training program pursuant to 3 27 section 453A.2A at the time of the violation. A retailer may 3 28 assert only once in a four-year period the bar under either 3 29 this subsection or subsection 2B against assessment of a 3 30 penalty pursuant to subsection 2, for a violation of section 3 31 453A.2, that takes place at the same place of business 3 32 location. 3 33 NEW SUBSECTION. 2B. If an employee of a retailer violates 3 34 section 453A.2, subsection 1, the retailer shall not be 3 35 assessed a penalty under subsection 2, and the violation shall 4 1 be deemed not to be a violation of section 453A.2, subsection 4 2 1, for the purpose of determining the number of violations for 4 3 which a penalty may be assessed pursuant to subsection 2, if 4 4 the retailer provides written documentation that the employee 4 5 of the retailer has completed an in-house tobacco compliance 4 6 employee training program or a tobacco compliance employee 4 7 training program which is substantially similar to the I 4 8 Pledge program which is approximately one hour in length as 4 9 developed by the alcoholic beverages division of the 4 10 department of commerce. A retailer may assert only once in a 4 11 four-year period the bar under this subsection against 4 12 assessment of a penalty pursuant to subsection 2, for a 4 13 violation of section 453A.2, that takes place at the same 4 14 place of business location. 4 15 Sec. 5. APPLICABILITY PROVISIONS. 4 16 1. Notwithstanding any provision of law to the contrary, 4 17 the section of this Act creating section 453A.2, subsection 4 18 5A, is applicable to violations pending on the effective date 4 19 of this Act for which a penalty has not been assessed under 4 20 section 453A.22, subsection 2. 4 21 2. Notwithstanding section 453A.22, subsection 2, Code 4 22 2003, the section of this Act amending section 453A.22, 4 23 subsection 2, is applicable to each violation of section 4 24 453A.2, subsection 1, by a retailer or an employee of a 4 25 retailer which is pending on the effective date of this Act 4 26 and for which a penalty has not been assessed under section 4 27 453A.22, subsection 2, Code 2003. 4 28 Sec. 6. Section 453A.22, subsection 2B, as enacted by this 4 29 Act, is repealed one year from the effective date of this Act. 4 30 Sec. 7. EFFECTIVE DATE. This Act, being deemed of 4 31 immediate importance, takes effect upon enactment. 4 32 4 33 4 34 4 35 MARY E. KRAMER 5 1 President of the Senate 5 2 5 3 5 4 5 5 CHRISTOPHER C. RANTS 5 6 Speaker of the House 5 7 5 8 I hereby certify that this bill originated in the Senate and 5 9 is known as Senate File 401, Eightieth General Assembly. 5 10 5 11 5 12 5 13 MICHAEL E. MARSHALL 5 14 Secretary of the Senate 5 15 Approved , 2003 5 16 5 17 5 18 5 19 THOMAS J. VILSACK 5 20 Governor
Text: SF00400 Text: SF00402 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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