House Study Bill 245

                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON PUBLIC
                                            SAFETY BILL BY
                                            CHAIRPERSON BAUDLER)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to tobacco retailers and providing penalties and
  2    providing an effective date.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2779HC 80
  5 pf/pj/5

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 2779HC 80
  4 33 pf/pj/5