House Amendment 1156
PAG LIN
1 1 Amend the amendment, H=1116, to House File 555, as
1 2 follows:
1 3 #1. Page 1, by inserting after line 22 the
1 4 following:
1 5 <Sec. . Section 453A.2, subsections 1, 2, and
1 6 3, Code 2007, are amended to read as follows:
1 7 1. A person shall not sell, give, or otherwise
1 8 supply any tobacco, tobacco products, or cigarettes to
1 9 any person under eighteen twenty=one years of age.
1 10 2. A person under eighteen twenty=one years of age
1 11 shall not smoke, use, possess, purchase, or attempt to
1 12 purchase any tobacco, tobacco products, or cigarettes.
1 13 3. Possession of cigarettes or tobacco products by
1 14 an individual under eighteen twenty=one years of age
1 15 does not constitute a violation under this section if
1 16 the individual under eighteen twenty=one years of age
1 17 possesses the cigarettes or tobacco products as part
1 18 of the individual's employment and the individual is
1 19 employed by a person who holds a valid permit under
1 20 this chapter or who lawfully offers for sale or sells
1 21 cigarettes or tobacco products.
1 22 Sec. . Section 453A.2, subsection 8, paragraph
1 23 b, Code 2007, is amended to read as follows:
1 24 b. The compliance effort is conducted with the
1 25 advance knowledge of law enforcement officers and
1 26 reasonable measures are adopted by those conducting
1 27 the effort to ensure that use of cigarettes or tobacco
1 28 products by individuals under eighteen twenty=one
1 29 years of age does not result from participation by any
1 30 individual under eighteen twenty=one years of age in
1 31 the compliance effort.
1 32 Sec. . Section 453A.5, subsection 1, Code 2007,
1 33 is amended to read as follows:
1 34 1. The alcoholic beverages division of the
1 35 department of commerce shall develop a tobacco
1 36 compliance employee training program not to exceed two
1 37 hours in length for employees and prospective
1 38 employees of retailers, as defined in sections 453A.1
1 39 and 453A.42, to inform the employees about state and
1 40 federal laws and regulations regarding the sale of
1 41 cigarettes and tobacco products to persons under
1 42 eighteen twenty=one years of age and compliance with
1 43 and the importance of laws regarding the sale of
1 44 cigarettes and tobacco products to persons under
1 45 eighteen twenty=one years of age.>
1 46 #2. Page 2, by inserting after line 43 the
1 47 following:
1 48 <Sec. . Section 453A.36, subsection 6, Code
1 49 2007, is amended to read as follows:
1 50 6. Any sales of cigarettes or tobacco products
2 1 made through a cigarette vending machine are subject
2 2 to rules and penalties relative to retail sales of
2 3 cigarettes and tobacco products provided for in this
2 4 chapter. No cigarettes shall be sold through any
2 5 cigarette vending machine unless the cigarettes have
2 6 been properly stamped or metered as provided by this
2 7 division, and in case of violation of this provision,
2 8 the permit of the dealer authorizing retail sales of
2 9 cigarettes shall be canceled. Payment of the license
2 10 fee as provided in section 453A.13 authorizes a
2 11 cigarette vendor to sell cigarettes or tobacco
2 12 products through vending machines. However,
2 13 cigarettes or tobacco products shall not be sold
2 14 through a vending machine unless the vending machine
2 15 is located in a place where the retailer ensures that
2 16 no person younger than eighteen twenty=one years of
2 17 age is present or permitted to enter at any time.
2 18 This section does not require a retail licensee to buy
2 19 a cigarette vendor's permit if the retail licensee is
2 20 in fact the owner of the cigarette vending machines
2 21 and the machines are operated in the location
2 22 described in the retail permit.
2 23 Sec. . Section 453A.39, subsection 2,
2 24 paragraphs b and c, Code 2007, are amended to read as
2 25 follows:
2 26 b. A manufacturer, distributor, wholesaler,
2 27 retailer, or distributing agent or agent thereof shall
2 28 not give away any cigarettes or tobacco products to
2 29 any person under eighteen twenty=one years of age, or
2 30 within five hundred feet of any playground, school,
2 31 high school, or other facility when such facility is
2 32 being used primarily by persons under age eighteen
2 33 twenty=one for recreational, educational, or other
2 34 purposes.
2 35 c. Proof of age shall be required if a reasonable
2 36 person could conclude on the basis of outward
2 37 appearance that a prospective recipient of a sample
2 38 may be under eighteen twenty=one years of age.>
2 39 #3. Page 5, line 40, by inserting after the word
2 40 <fund,> the following: <providing for an increase in
2 41 the legal age relating to cigarettes and tobacco
2 42 products,>.
2 43
2 44
2 45
2 46 LUKAN of Dubuque
2 47 HF 555.221 82
2 48 pf/es/7764
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