Text: SSB01116 Text: SSB01118 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 453A.2A TOBACCO COMPLIANCE 1 2 EMPLOYEE TRAINING PROGRAM. 1 3 The alcoholic beverages division of the department of 1 4 commerce shall develop minimum training criteria for tobacco 1 5 compliance employee training programs provided by retailers to 1 6 inform employees about state and federal laws and regulations 1 7 regarding tobacco sales to minors. The criteria shall provide 1 8 that the training program not exceed one hour in length. 1 9 Sec. 2. Section 453A.22, Code 2003, is amended by adding 1 10 the following new subsection: 1 11 NEW SUBSECTION. 2A. If an employee of a retailer violates 1 12 section 453A.2, subsection 1, unless the retailer directs or 1 13 knowingly permits the employee to violate section 453A.2, 1 14 subsection 1, the retailer shall not be assessed a penalty 1 15 under subsection 2 for a first or second such violation of 1 16 section 453A.2, subsection 1, that takes place at the same 1 17 place of business of the retailer within a one-year period, 1 18 and the underlying violations shall be deemed not to be 1 19 violations of section 453A.2, subsection 1, for the purpose of 1 20 determining the number of violations for which a penalty may 1 21 be assessed pursuant to subsection 2, if the retailer provides 1 22 written documentation of all of the following: 1 23 a. That the retailer has in place a tobacco compliance 1 24 employee training program that meets the minimum training 1 25 criteria established by the alcoholic beverages division of 1 26 the department of commerce pursuant to section 453A.2A, to 1 27 provide employees with information on state and federal laws 1 28 and regulations regarding tobacco sales to minors. 1 29 b. That the employee has acknowledged, in writing, that 1 30 the employee has completed the tobacco compliance employee 1 31 training program and understands state and federal laws and 1 32 regulations regarding tobacco sales to minors. 1 33 Sec. 3. Section 805.3, Code 2003, is amended to read as 1 34 follows: 1 35 805.3 PROCEDURE. 2 1 1. Before the cited person is released, the person shall 2 2 sign the citation, either in a paper or electronic format, 2 3 under penalty of providing false information under section 2 4 719.3, properly identifying the person cited. The person's 2 5 signature shall also serve as a written promise to appear in 2 6 court at the time and place specified. A copy of the citation 2 7 shall be given to the person. 2 8 2. If the citation is issued for a violation of section 2 9 453A.2, subsection 1, by an employee of a retailer in the 2 10 course of the employee's employment, a copy of the citation 2 11 shall be sent by certified mail, within twenty days of the 2 12 date of issuance of the citation, to the holder of the retail 2 13 permit pursuant to section 453A.13 for the place of business 2 14 where the offense occurred. If a copy of the citation is not 2 15 mailed by certified mail to the holder of the permit within 2 16 twenty days of the date of issuance of the citation, the 2 17 underlying violation shall be deemed not to be a violation of 2 18 section 453A.2, subsection 1, for the purposes of determining 2 19 the number of violations for which a penalty may be assessed 2 20 pursuant to section 453A.22, subsection 2, paragraph "b", "c", 2 21 or "d". 2 22 Sec. 4. CIGARETTE RETAILER CIVIL PENALTIES ASSESSED PRIOR 2 23 TO EFFECTIVE DATE. Notwithstanding section 453A.22, 2 24 subsection 2, a retailer shall be assessed and shall pay a 2 25 civil penalty of six hundred dollars in lieu of the penalty 2 26 that would be assessed under section 453A.22, subsection 2, 2 27 for each violation of section 453A.2, subsection 1, by the 2 28 retailer or an employee of the retailer which is pending on 2 29 the effective date of this section and for which a penalty has 2 30 not been assessed under section 453A.22, subsection 2. If the 2 31 retailer pays the civil penalty assessed under this section, 2 32 the underlying violation shall be deemed not to be a violation 2 33 of section 453A.2, subsection 1, for the purpose of 2 34 determining the number of violations for which a penalty may 2 35 be assessed pursuant to section 453A.22, subsection 2. The 3 1 proceeds derived from the collection of the civil penalties 3 2 under this section shall be credited to the general fund of 3 3 the state. The office of the attorney general shall enforce 3 4 this section and shall assess and collect the penalties under 3 5 this section. 3 6 Sec. 5. EFFECTIVE DATE. Section 4 of this Act, relating 3 7 to cigarette retailer civil penalties assessed prior to the 3 8 effective date of this Act, being deemed of immediate 3 9 importance, takes effect upon enactment. 3 10 EXPLANATION 3 11 This bill relates to cigarette retailers and the civil 3 12 penalties assessed against retailers for certain violations. 3 13 The bill instructs the alcoholic beverages division of the 3 14 department of commerce to develop minimum training criteria 3 15 for tobacco compliance employee training programs provided by 3 16 retailers to inform employees about state and federal laws and 3 17 regulations regarding tobacco sales to minors. The training 3 18 program is not to exceed one hour in length. The bill 3 19 provides that if an employee of a retailer sells, gives, or 3 20 otherwise supplies any tobacco, tobacco products, or 3 21 cigarettes to any person under the age of 18 (violates Code 3 22 section 453A.2, subsection 1), unless the retailer directs or 3 23 knowingly permits the employee to violate this provision, the 3 24 retailer is not to be assessed a penalty, in addition to other 3 25 penalties fixed for a first or second violation of this 3 26 provision that takes place at the same place of business of 3 27 the retailer within a one-year period, and the underlying 3 28 violations are to be deemed not to be violations for 3 29 determining the number of the retailer violations if the 3 30 retailer provides certain written documentation. The written 3 31 documentation provided is to include that the retailer has in 3 32 place a tobacco compliance employee training program that 3 33 meets the minimum training criteria established by the 3 34 alcoholic beverages division and that the employee has 3 35 acknowledged, in writing, that the employee has completed the 4 1 tobacco compliance employee training program and understands 4 2 state and federal laws and regulations regarding tobacco sales 4 3 to minors. 4 4 The bill also provides that if a citation is issued for a 4 5 violation of Code section 453A.2, subsection 1, by an employee 4 6 of a retailer, a copy of the citation is to be sent by 4 7 certified mail, within 20 days of the date of issuance of the 4 8 citation, to the holder of the retail permit for the place of 4 9 business where the offense occurred. If a copy of the 4 10 citation is not mailed as specified, the underlying violation 4 11 is to be deemed not to be a violation of Code section 453A.2, 4 12 subsection 1, for the purposes of determining the number of 4 13 violations, above a first violation, for which a penalty may 4 14 be assessed in addition to other penalties fixed for such 4 15 violation. 4 16 The bill also requires that a retailer be assessed and pay 4 17 a civil penalty of $600, in lieu of the existing civil penalty 4 18 amount for each violation of Code section 453A.2, subsection 4 19 1, by the retailer or an employee of the retailer which is 4 20 pending on the effective date of this provision of the bill 4 21 and for which a penalty has not been assessed. If the 4 22 retailer pays the civil penalty assessed under this provision 4 23 of the bill, the underlying violation is to be deemed not to 4 24 be a violation of Code section 453A.2, subsection 1, for the 4 25 purpose of determining the number of violations for which a 4 26 penalty may be assessed. The proceeds derived from the 4 27 collection of the civil penalties under this provision are to 4 28 be credited to the general fund of the state. The office of 4 29 the attorney general is directed to assess and collect the 4 30 civil penalties under this provision of the bill. This 4 31 provision takes effect upon enactment. 4 32 LSB 2779SC 80 4 33 pf/pj/5
Text: SSB01116 Text: SSB01118 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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