Senate Study Bill 1109 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON EDUCATION BILL BY CHAIRPERSON QUIRMBACH) A BILL FOR An Act relating to the legal age relating to tobacco, tobacco 1 products, alternative nicotine products, vapor products, and 2 cigarettes, and including effective date and applicability 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1752XC (5) 86 pf/nh

S.F. _____ Section 1. TITLE. This Act shall be known and may be cited 1 as the “Keep Tobacco Out of Iowa High Schools Act”. 2 Sec. 2. Section 453A.2, subsections 1, 2, and 3, Code 2015, 3 are amended to read as follows: 4 1. A person shall not sell, give, or otherwise supply any 5 tobacco, tobacco products, alternative nicotine products, vapor 6 products, or cigarettes to any person under eighteen nineteen 7 years of age. 8 2. A person under eighteen nineteen years of age shall 9 not smoke, use, possess, purchase, or attempt to purchase any 10 tobacco, tobacco products, alternative nicotine products, vapor 11 products, or cigarettes. 12 3. Possession of tobacco, tobacco products, alternative 13 nicotine products, vapor products, or cigarettes by an 14 individual under eighteen nineteen years of age does not 15 constitute a violation under this section if the individual 16 under eighteen nineteen years of age possesses the tobacco, 17 tobacco products, alternative nicotine products, vapor 18 products, or cigarettes as part of the individual’s employment 19 and the individual is employed by a person who holds a valid 20 permit under this chapter or who lawfully offers for sale or 21 sells cigarettes or tobacco products. 22 Sec. 3. Section 453A.2, subsection 8, paragraph a, 23 subparagraph (2), Code 2015, is amended to read as follows: 24 (2) The compliance effort is conducted with the advance 25 knowledge of law enforcement officers and reasonable measures 26 are adopted by those conducting the effort to ensure that use 27 of tobacco, tobacco products, alternative nicotine products, 28 vapor products, or cigarettes by individuals under eighteen 29 nineteen years of age does not result from participation by 30 any individual under eighteen nineteen years of age in the 31 compliance effort. 32 Sec. 4. Section 453A.5, subsection 1, Code 2015, is amended 33 to read as follows: 34 1. The alcoholic beverages division of the department of 35 -1- LSB 1752XC (5) 86 pf/nh 1/ 4

S.F. _____ commerce shall develop a tobacco compliance employee training 1 program not to exceed two hours in length for employees and 2 prospective employees of retailers, as defined in sections 3 453A.1 and 453A.42 , to inform the employees about state and 4 federal laws and regulations regarding the sale of tobacco, 5 tobacco products, alternative nicotine products, vapor 6 products, and cigarettes to persons under eighteen nineteen 7 years of age and compliance with and the importance of laws 8 regarding the sale of tobacco, tobacco products, alternative 9 nicotine products, vapor products, and cigarettes to persons 10 under eighteen nineteen years of age. 11 Sec. 5. Section 453A.36, subsection 6, Code 2015, is amended 12 to read as follows: 13 6. Any sales of tobacco, tobacco products, alternative 14 nicotine products, vapor products, or cigarettes made through a 15 cigarette vending machine are subject to rules and penalties 16 relative to retail sales of tobacco, tobacco products, 17 alternative nicotine products, vapor products, and cigarettes 18 provided for in this chapter . Cigarettes shall not be sold 19 through any cigarette vending machine unless the cigarettes 20 have been properly stamped or metered as provided by this 21 division , and in case of violation of this provision, the 22 permit of the dealer authorizing retail sales of cigarettes 23 shall be revoked. Payment of the permit fee as provided 24 in section 453A.13 authorizes a cigarette vendor to sell 25 tobacco, tobacco products, alternative nicotine products, vapor 26 products, and cigarettes through vending machines. However, 27 tobacco, tobacco products, alternative nicotine products, 28 vapor products, and cigarettes shall not be sold through a 29 vending machine unless the vending machine is located in a 30 place where the retailer ensures that no person younger than 31 eighteen nineteen years of age is present or permitted to 32 enter at any time. Tobacco, tobacco products, alternative 33 nicotine products, vapor products, and cigarettes shall not be 34 sold through any cigarette vending machine if such products 35 -2- LSB 1752XC (5) 86 pf/nh 2/ 4

S.F. _____ are placed together with any nontobacco product, other than 1 matches, in the cigarette vending machine. This section does 2 not require a retail permit holder to buy a cigarette vendor’s 3 permit if the retail permit holder is in fact the owner of the 4 cigarette vending machines and the machines are operated in the 5 location described in the retail permit. 6 Sec. 6. Section 453A.39, subsection 2, paragraphs b and c, 7 Code 2015, are amended to read as follows: 8 b. A manufacturer, distributor, wholesaler, retailer, or 9 distributing agent or agent thereof shall not give away any 10 tobacco, tobacco products, alternative nicotine products, vapor 11 products, or cigarettes to any person under eighteen nineteen 12 years of age, or within five hundred feet of any playground, 13 school, high school, or other facility when such facility is 14 being used primarily by persons under age eighteen nineteen for 15 recreational, educational, or other purposes. 16 c. Proof of age shall be required if a reasonable person 17 could conclude on the basis of outward appearance that a 18 prospective recipient of a sample may be under eighteen 19 nineteen years of age. 20 Sec. 7. EFFECTIVE DATE. This Act takes effect January 1, 21 2016. 22 Sec. 8. APPLICABILITY. This Act shall not apply to any 23 person who is eighteen years of age or older before January 24 1, 2016, and at such time could lawfully smoke, use, possess, 25 purchase, or attempt to purchase tobacco, tobacco products, 26 alternative nicotine products, vapor products, or cigarettes. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill is to be known and may be cited as the “Keep 31 Tobacco Out of Iowa High Schools Act”. 32 The bill provides that, beginning January 1, 2016, the 33 legal age relative to tobacco, tobacco products, alternative 34 nicotine products, vapor products, and cigarettes is 19 years 35 -3- LSB 1752XC (5) 86 pf/nh 3/ 4

S.F. _____ of age. The bill provides that a person shall not sell, give, 1 or otherwise supply any tobacco, tobacco products, alternative 2 nicotine products, vapor products, or cigarettes to any person 3 under 19 years of age; that a person under 19 years of age shall 4 not smoke, use, possess, purchase, or attempt to purchase any 5 tobacco, tobacco products, alternative nicotine products, vapor 6 products, or cigarettes. The bill makes conforming changes 7 in the Code for exceptions to possession of tobacco, tobacco 8 products, alternative nicotine products, vapor products, or 9 cigarettes by an individual under 19 years of age if the 10 individual possesses the product as part of the individual’s 11 employment and if the individual is involved in a compliance 12 effort. The bill also provides that relative to vending 13 machines, tobacco, tobacco products, alternative nicotine 14 products, vapor products, and cigarettes shall not be sold 15 through a vending machine unless the vending machine is located 16 in a place where the retailer ensures that no person younger 17 than 19 years of age is present or permitted to enter at any 18 time. The bill also provides that for the purposes of giving 19 away these products or providing samples, the recipient must be 20 19 years of age or older. 21 The bill is not applicable to any person who is 18 years of 22 age or older before January 1, 2016, and at such time could 23 lawfully smoke, use, posses, purchase, or attempt to purchase 24 tobacco, tobacco products, alternative nicotine products, vapor 25 products, or cigarettes. 26 -4- LSB 1752XC (5) 86 pf/nh 4/ 4