HOUSE FILE 2223

BY  KELLEY

A BILL FOR

An Act relating to electronic smoking devices and providing civil penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  453A.2A  Electronic smoking device —— persons under legal age —— penalty.
   1.  For the purposes of this section, “electronic smoking device” means an electronic or battery-operated device, the use of which resembles smoking, which can be used to deliver nicotine or other substances to the person inhaling from the device. An electronic smoking device includes but is not limited to an electronic cigarette, cigar, cigarillo, or pipe, but does not include a cigarette, tobacco product, or nicotine delivery product or device that is regulated by the United States food and drug administration or can be prescribed by an authorized prescriber.
   2.  A person shall not sell, give, or otherwise supply an electronic smoking device to any person under eighteen years of age.
   3.  A person under eighteen years of age shall not smoke, use, possess, purchase, or attempt to purchase an electronic smoking device.
   4.  Possession of an electronic smoking device by an individual under eighteen years of age does not constitute a violation under this section if the individual under eighteen years of age possesses an electronic smoking device as part of the individual’s employment and the individual is employed by a person who lawfully offers for sale or sells electronic smoking devices.
   5.  A person who violates subsection 2, shall be assessed a civil penalty as follows:
   a.  If the violation is a first offense, the person shall be assessed a civil penalty in the amount of five hundred dollars.
   b.  If the violation is a second offense, the person shall be assessed a civil penalty in the amount of one thousand dollars.
   c.  If the violation is a third or subsequent offense, the person shall be assessed a civil penalty in the amount of one thousand five hundred dollars.
   6.  A person who violates subsection 3, shall be assessed a civil penalty as follows:
   a.  If the violation is a first offense, the person shall be assessed a civil penalty of fifty dollars.
   b.  If the violation is a second offense, the person shall be assessed a civil penalty of one hundred dollars.
   c.  If the violation is a third or subsequent offense, the person shall be assessed a civil penalty of two hundred fifty dollars.
EXPLANATION
   This bill relates to electronic smoking devices. The bill defines an “electronic smoking device” as an electronic or battery-operated device, the use of which resembles smoking, which can be used to deliver nicotine or other substances to the person inhaling from the device. An electronic smoking device includes but is not limited to an electronic cigarette, cigar, cigarillo, or pipe, but does not include a cigarette, tobacco product, or nicotine delivery product or device that is regulated by the United States food and drug administration or can be prescribed by an authorized prescriber.
   The bill prohibits a person from selling, giving, or otherwise supplying an electronic smoking device to any person under 18 years of age and prohibits a person under 18 years of age from smoking, using, possessing, purchasing, or attempting to purchase an electronic smoking device.
   The bill provides that possession of an electronic smoking device by an individual under 18 years of age does not constitute a violation if the individual under 18 years of age possesses the device as part of the individual’s employment and the individual is employed by a person who lawfully offers for sale or sells electronic smoking devices.
   A person who violates the bill by selling, giving, or otherwise supplying an electronic smoking device to any person under 18 years of age, is to be assessed a civil penalty based on the number of offenses. For a first offense, the civil penalty is $500, for a second offense, $1,000, and for a third or subsequent offense, $1,500. A person under 18 years of age who violates the bill by smoking, using, possessing, purchasing, or attempting to purchase an electronic smoking device is to be assessed a civil penalty based on the number of offenses. For a first offense, the civil penalty is $50, for a second offense, $100, and for a third or subsequent offense, $250.