Senate
Study
Bill
1195
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
BOLKCOM)
A
BILL
FOR
An
Act
relating
to
tobacco,
tobacco
products,
alternative
1
nicotine
products,
vapor
products,
and
cigarettes,
including
2
reporting
requirements
and
permit
fees.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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S.F.
_____
Section
1.
Section
453A.13,
subsection
3,
paragraphs
a
and
1
b,
Code
2015,
are
amended
to
read
as
follows:
2
a.
All
permits
provided
for
in
this
division
shall
expire
3
on
June
30
of
each
year.
A
permit
shall
not
be
granted
or
4
issued
until
the
applicant
has
paid
for
the
period
ending
June
5
30
next,
to
the
department
or
the
city
or
county
granting
6
the
permit,
the
fees
provided
for
in
this
division
.
The
7
annual
state
permit
fee
for
a
distributor,
cigarette
vendor,
8
and
wholesaler
is
one
five
hundred
dollars
when
the
permit
9
is
granted
during
the
months
of
July,
August,
or
September.
10
However,
whenever
a
state
permit
holder
operates
more
than
11
one
place
of
business,
a
duplicate
state
permit
shall
be
12
issued
for
each
additional
place
of
business
on
payment
of
13
five
twenty-five
dollars
for
each
duplicate
state
permit,
14
but
refunds
as
provided
in
this
division
do
not
apply
to
any
15
duplicate
permit
issued.
16
b.
The
fee
for
retail
permits
is
as
follows
when
the
permit
17
is
granted
during
the
months
of
July,
August,
or
September:
18
(1)
In
places
outside
any
city,
two
hundred
fifty
dollars.
19
(2)
In
cities
of
less
than
fifteen
thousand
population,
20
three
hundred
seventy-five
dollars.
21
(3)
In
cities
of
fifteen
thousand
or
more
population,
one
22
five
hundred
dollars.
23
Sec.
2.
Section
453A.15,
subsection
4,
Code
2015,
is
amended
24
to
read
as
follows:
25
4.
Every
permit
holder
or
other
person
shall,
when
requested
26
by
the
department,
make
additional
reports
as
the
department
27
deems
necessary
and
proper
and
shall
at
the
request
of
the
28
department
furnish
full
and
complete
information
pertaining
to
29
any
transaction
of
the
permit
holder
or
other
person
involving
30
the
purchase
or
sale
or
use
of
cigarettes
,
alternative
nicotine
31
products,
or
vapor
products
or
purchase
of
cigarette
stamps.
32
The
director
shall
specifically
prescribe
the
forms
necessary
33
and
require
each
retailer
to
provide
on
the
forms
prescribed
34
full
and
complete
information
pertaining
to
any
cigarettes,
35
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_____
alternative
nicotine
products,
or
vapor
products
offered
for
1
sale
or
sold
by
the
retailer,
including
the
type
and
brand
of
2
the
product.
3
Sec.
3.
Section
453A.44,
subsection
4,
paragraph
a,
Code
4
2015,
is
amended
to
read
as
follows:
5
a.
Each
application
for
a
distributor’s
license
shall
be
6
accompanied
by
a
fee
of
one
five
hundred
dollars,
except
that
7
an
applicant
holding
a
permit
pursuant
to
division
I
of
this
8
chapter
shall
not
be
required
to
pay
an
additional
fee.
The
9
application
shall
be
accompanied
by
a
corporate
surety
bond
10
issued
by
a
surety
licensed
to
do
business
in
this
state,
in
11
the
sum
of
one
thousand
dollars,
conditioned
upon
the
true
and
12
faithful
compliance
by
the
distributor
with
all
the
provisions
13
of
this
division
and
the
payment
when
due
of
all
taxes,
14
penalties
and
accrued
interest
arising
in
the
ordinary
course
15
of
business
or
by
reason
of
any
delinquent
money
which
may
be
16
due
the
state
of
Iowa.
This
bond
shall
be
in
a
form
to
be
fixed
17
by
the
director
and
approved
by
the
attorney
general.
Whenever
18
it
is
the
opinion
of
the
director
that
the
bond
given
by
a
19
licensee
is
inadequate
in
amount
to
fully
protect
the
state,
20
the
director
shall
require
either
an
increase
in
the
amount
of
21
said
bond
or
additional
bond,
in
such
amount
as
the
director
22
deems
sufficient.
Any
bond
required
by
this
division
,
or
a
23
reissue
thereof,
or
a
substitute
therefor,
shall
be
kept
in
24
full
force
and
effect
during
the
entire
period
covered
by
the
25
license.
26
Sec.
4.
Section
453A.44,
subsection
5,
Code
2015,
is
amended
27
to
read
as
follows:
28
5.
Each
application
for
a
subjobber’s
license
shall
be
29
accompanied
by
a
fee
of
ten
fifty
dollars,
except
that
no
30
applicant
holding
a
permit
pursuant
to
division
I
of
this
31
chapter
shall
be
required
to
pay
an
additional
fee.
32
Sec.
5.
Section
453A.47A,
subsection
7,
paragraph
a,
Code
33
2015,
is
amended
to
read
as
follows:
34
a.
All
permits
provided
for
in
this
division
shall
expire
35
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_____
on
June
30
of
each
year.
A
permit
shall
not
be
granted
or
1
issued
until
the
applicant
has
paid
the
fees
provided
for
in
2
this
section
for
the
period
ending
June
30
next,
to
the
city
or
3
county
granting
the
permit.
The
fee
for
retail
permits
is
as
4
follows
when
the
permit
is
granted
during
the
month
of
July,
5
August,
or
September:
6
(1)
In
places
outside
any
city,
two
hundred
fifty
dollars.
7
(2)
In
cities
of
less
than
fifteen
thousand
population,
8
three
hundred
seventy-five
dollars.
9
(3)
In
cities
of
fifteen
thousand
or
more
population,
one
10
five
hundred
dollars.
11
Sec.
6.
Section
453A.47A,
subsection
10,
paragraph
b,
Code
12
2015,
is
amended
to
read
as
follows:
13
b.
Every
retailer
shall,
when
requested
by
the
department,
14
make
additional
reports
as
the
department
deems
necessary
and
15
proper
and
shall
at
the
request
of
the
department
furnish
16
full
and
complete
information
pertaining
to
any
transaction
17
of
the
retailer
involving
the
purchase
or
sale
or
use
of
18
tobacco,
tobacco
products,
alternative
nicotine
products,
or
19
vapor
products.
The
director
shall
specifically
prescribe
the
20
forms
necessary
and
require
each
retailer
to
provide
on
the
21
forms
prescribed
full
and
complete
information
pertaining
to
22
any
tobacco,
tobacco
products,
alternative
nicotine
products,
23
or
vapor
products
offered
for
sale
or
sold
by
the
retailer,
24
including
the
type
and
brand
of
the
product.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
the
permit
fees
for
distributors,
29
subjobbers,
and
retailers
of
tobacco
products
and
to
permit
30
fees
for
cigarette
distributors,
vendors,
wholesalers,
and
31
retailers.
The
bill
also
includes
provisions
relating
to
32
reporting
requirements
of
tobacco
products
and
cigarettes.
33
CIGARETTES.
Under
current
law,
the
fee
for
permits
for
34
cigarette
distributors,
vendors,
and
wholesalers
is
$100,
35
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_____
annually,
for
permits
issued
in
the
first
quarter
of
the
state
1
fiscal
year
(July,
August,
or
September).
Under
the
bill,
2
this
fee
is
increased
to
$500,
annually.
Under
current
law,
a
3
cigarette
distributor,
vendor,
or
wholesaler
is
subject
to
a
4
payment
of
$5
for
the
issuance
of
a
duplicate
state
permit
for
5
any
additional
place
of
business.
Under
the
bill,
this
fee
is
6
increased
to
$25.
7
Under
current
law,
the
fee
for
permits
for
cigarette
8
retailers,
annually,
when
issued
in
the
first
quarter
of
the
9
fiscal
year
is
$50
for
places
outside
any
city,
$75
for
cities
10
of
less
than
15,000
population,
and
$100
for
cities
of
15,000
11
or
more
population.
Under
the
bill,
the
permit
fees
are
12
increased
to
$250
for
places
outside
any
city,
$375
for
cities
13
of
less
than
15,000
population,
and
$500
for
cities
of
15,000
14
or
more
population.
15
For
cigarette
distributors,
vendors,
wholesalers,
and
16
retailers,
current
law
provides
for
reduced
prorated
fees
to
be
17
charged
based
on
the
quarter
in
which
the
permit
is
issued,
and
18
also
provides
for
the
issuance
of
a
prorated
refund
based
on
19
the
quarter
in
which
the
permit
is
surrendered
if
the
permit
20
was
issued
to
a
permit
holder
who
paid
the
full
annual
fee
and
21
surrenders
an
unrevoked
permit
during
the
first
nine
months
22
of
the
state
fiscal
year,
based
upon
the
quarter
in
which
the
23
permit
is
surrendered.
The
bill
retains
the
provisions
for
24
proration
of
the
fees
for
issuance
of
the
permits
and
for
25
prorated
refunds
on
the
same
terms
and
at
the
same
level
as
26
current
law.
27
TOBACCO
PRODUCTS.
Under
current
law,
a
distributor
28
of
tobacco
products
is
subject
to
a
fee
of
$100
for
a
29
distributor’s
license,
except
that
an
applicant
who
holds
30
a
permit
under
division
I
of
Code
chapter
453A
(cigarettes
31
and
alternative
nicotine
products
and
vapor
products)
is
not
32
required
to
pay
an
additional
fee.
The
bill
increases
the
fee
33
to
$500.
34
Under
current
law,
a
tobacco
products
subjobber
is
subject
35
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_____
to
a
license
fee
of
$10,
except
that
an
applicant
holding
a
1
permit
pursuant
to
division
I
of
Code
chapter
453A
(cigarettes
2
and
alternative
nicotine
products
and
vapor
products)
is
not
3
required
to
pay
an
additional
fee.
The
bill
increases
the
fee
4
to
$50.
5
Under
current
law,
an
annual
permit
for
a
tobacco
products
6
retailer
issued
in
the
first
quarter
of
the
state
fiscal
year
7
is
$50
in
places
outside
any
city,
$75
in
cities
of
less
than
8
15,000,
and
$100
in
cities
of
more
than
15,000.
Under
the
9
bill,
these
amounts
are
increased
to
$250
in
places
outside
any
10
city,
$375
in
cities
of
less
than
15,000,
and
$500
in
cities
of
11
more
than
15,000.
12
Under
current
law,
tobacco
products
retailer
permit
fees
13
are
reduced
on
a
prorated
basis
based
on
the
quarter
of
the
14
fiscal
year
in
which
they
are
granted
and
refunds
are
issued
15
on
a
prorated
basis
based
upon
the
quarter
of
the
fiscal
16
year
in
which
they
are
surrendered.
The
bill
retains
the
17
provisions
for
the
proration
of
the
fees
for
the
issuance
of
18
tobacco
products
retailer
permits
and
for
prorated
refunds
on
19
the
same
terms
and
at
the
same
levels
as
current
law.
If
any
20
permit
is
granted
during
the
month
of
October,
November,
or
21
December,
the
fee
shall
be
three-fourths
of
the
above
maximum
22
schedule;
if
granted
during
the
month
of
January,
February,
or
23
March,
one-half
of
the
maximum
schedule;
and
if
granted
during
24
the
month
of
April,
May,
or
June,
one-fourth
of
the
maximum
25
schedule.
26
CIGARETTE
AND
TOBACCO
PRODUCTS
RETAILERS
REPORTING.
The
27
bill
directs
the
director
of
revenue
to
specifically
prescribe
28
the
forms
necessary
and
require
each
cigarette
or
tobacco
29
products
retailer,
as
applicable,
to
provide
on
the
prescribed
30
forms
full
and
complete
information
pertaining
to
any
31
cigarettes,
alternative
nicotine
products,
vapor
products,
32
tobacco,
or
tobacco
products
offered
for
sale
or
sold
by
the
33
retailer,
including
the
type
and
brand
of
the
product.
34
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