Senate File 2268 - Introduced SENATE FILE 2268 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 3016) A BILL FOR An Act establishing the minimum age relative to various 1 activities relating to tobacco, tobacco products, 2 alternative nicotine products, vapor products, and 3 cigarettes, making penalties applicable, and including 4 effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5507SV (1) 88 pf/rh

S.F. 2268 Section 1. Section 321.216C, Code 2020, is amended to read 1 as follows: 2 321.216C Use of driver’s license or nonoperator’s 3 identification card by underage person to obtain tobacco, tobacco 4 products, alternative nicotine products, vapor products, or 5 cigarettes. 6 A person who is under the age of eighteen twenty-one , 7 who alters or displays or has in the person’s possession 8 a fictitious or fraudulently altered driver’s license or 9 nonoperator’s identification card and who uses the license 10 or card to violate or attempt to violate section 453A.2, 11 subsection 2 , commits a simple misdemeanor punishable as a 12 scheduled violation under section 805.8A, subsection 4 . The 13 court shall forward a copy of the conviction to the department. 14 Sec. 2. Section 453A.2, subsections 1, 2, and 3, Code 2020, 15 are amended to read as follows: 16 1. A person shall not sell, give, or otherwise supply any 17 tobacco, tobacco products, alternative nicotine products, vapor 18 products, or cigarettes to any person under eighteen twenty-one 19 years of age. 20 2. A person under eighteen twenty-one years of age shall 21 not smoke, use, possess, purchase, or attempt to purchase any 22 tobacco, tobacco products, alternative nicotine products, vapor 23 products, or cigarettes. 24 3. Possession of tobacco, tobacco products, alternative 25 nicotine products, vapor products, or cigarettes by an 26 individual under eighteen twenty-one years of age does not 27 constitute a violation under this section if the individual 28 under eighteen twenty-one years of age possesses the tobacco, 29 tobacco products, alternative nicotine products, vapor 30 products, or cigarettes as part of the individual’s employment 31 and the individual is employed by a person who holds a valid 32 permit under this chapter or who lawfully offers for sale or 33 sells cigarettes or tobacco products. 34 Sec. 3. Section 453A.2, subsection 8, paragraph a, 35 -1- LSB 5507SV (1) 88 pf/rh 1/ 5

S.F. 2268 subparagraph (2), Code 2020, is amended to read as follows: 1 (2) The compliance effort is conducted with the advance 2 knowledge of law enforcement officers and reasonable measures 3 are adopted by those conducting the effort to ensure that use 4 of tobacco, tobacco products, alternative nicotine products, 5 vapor products, or cigarettes by individuals under eighteen 6 twenty-one years of age does not result from participation by 7 any individual under eighteen twenty-one years of age in the 8 compliance effort. 9 Sec. 4. Section 453A.5, subsection 1, Code 2020, is amended 10 to read as follows: 11 1. The alcoholic beverages division of the department of 12 commerce shall develop a tobacco compliance employee training 13 program not to exceed two hours in length for employees and 14 prospective employees of retailers, as defined in sections 15 453A.1 and 453A.42 , to inform the employees about state and 16 federal laws and regulations regarding the sale of tobacco, 17 tobacco products, alternative nicotine products, vapor 18 products, and cigarettes to persons under eighteen twenty-one 19 years of age and compliance with and the importance of laws 20 regarding the sale of tobacco, tobacco products, alternative 21 nicotine products, vapor products, and cigarettes to persons 22 under eighteen twenty-one years of age. 23 Sec. 5. Section 453A.36, subsection 6, Code 2020, is amended 24 to read as follows: 25 6. Any sales of tobacco, tobacco products, alternative 26 nicotine products, vapor products, or cigarettes made through a 27 cigarette vending machine are subject to rules and penalties 28 relative to retail sales of tobacco, tobacco products, 29 alternative nicotine products, vapor products, and cigarettes 30 provided for in this chapter . Cigarettes shall not be sold 31 through any cigarette vending machine unless the cigarettes 32 have been properly stamped or metered as provided by this 33 subchapter , and in case of violation of this provision, the 34 permit of the dealer authorizing retail sales of cigarettes 35 -2- LSB 5507SV (1) 88 pf/rh 2/ 5

S.F. 2268 shall be revoked. Payment of the permit fee as provided 1 in section 453A.13 authorizes a cigarette vendor to sell 2 tobacco, tobacco products, alternative nicotine products, vapor 3 products, and cigarettes through vending machines. However, 4 tobacco, tobacco products, alternative nicotine products, 5 vapor products, and cigarettes shall not be sold through a 6 vending machine unless the vending machine is located in a 7 place where the retailer ensures that no person younger than 8 eighteen twenty-one years of age is present or permitted to 9 enter at any time. Tobacco, tobacco products, alternative 10 nicotine products, vapor products, and cigarettes shall not be 11 sold through any cigarette vending machine if such products 12 are placed together with any nontobacco product, other than 13 matches, in the cigarette vending machine. This section does 14 not require a retail permit holder to buy a cigarette vendor’s 15 permit if the retail permit holder is in fact the owner of the 16 cigarette vending machines and the machines are operated in the 17 location described in the retail permit. 18 Sec. 6. Section 453A.39, subsection 2, paragraphs b and c, 19 Code 2020, are amended to read as follows: 20 b. A manufacturer, distributor, wholesaler, retailer, or 21 distributing agent or agent thereof shall not give away any 22 tobacco, tobacco products, alternative nicotine products, vapor 23 products, or cigarettes to any person under eighteen twenty-one 24 years of age, or within five hundred feet of any playground, 25 school, high school, or other facility when such facility is 26 being used primarily by persons under age eighteen twenty-one 27 for recreational, educational, or other purposes. 28 c. Proof of age shall be required if a reasonable person 29 could conclude on the basis of outward appearance that a 30 prospective recipient of a sample may be under eighteen 31 twenty-one years of age. 32 Sec. 7. Section 453A.47B, Code 2020, is amended to read as 33 follows: 34 453A.47B Requirements for mailing or shipping —— alternative 35 -3- LSB 5507SV (1) 88 pf/rh 3/ 5

S.F. 2268 nicotine products or vapor products. 1 A retailer shall not mail, ship, or otherwise cause to be 2 delivered any alternative nicotine product or vapor product in 3 connection with a delivery sale unless the retailer meets all 4 of the following apply conditions : 5 1. Prior to sale to the purchaser, the retailer verifies 6 that the purchaser is at least eighteen twenty-one years of age 7 through or by one of the following: 8 a. A commercially available database, or aggregate of 9 databases, that is regularly used by government and businesses 10 for the purpose of age and identity verification. 11 b. Obtaining a copy of a valid government-issued document 12 that provides the name, address, and date of birth of the 13 purchaser. 14 2. The retailer uses a method of mailing, shipping, or 15 delivery that requires the signature of a person who is at 16 least eighteen twenty-one years of age before the shipping 17 package is released to the purchaser. 18 Sec. 8. EFFECTIVE DATE. This Act, being deemed of immediate 19 importance, takes effect upon enactment. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill increases the minimum age relative to various 24 activities relating to tobacco, tobacco products, alternative 25 nicotine products, vapor products, and cigarettes from 18 years 26 of age to 21 years of age. 27 The bill prohibits a person from selling, giving, or 28 otherwise supplying any tobacco, tobacco products, alternative 29 nicotine products, vapor products, or cigarettes to any person 30 under 21 years of age. The bill also prohibits a person under 31 21 years of age from smoking, using, possessing, purchasing, 32 or attempting to purchase any tobacco, tobacco products, 33 alternative nicotine products, vapor products, or cigarettes. 34 The bill makes conforming changes in the Code relative to 35 -4- LSB 5507SV (1) 88 pf/rh 4/ 5

S.F. 2268 use of a driver’s license or nonoperator’s identification card 1 by an underage person to obtain tobacco, tobacco products, 2 alternative nicotine products, vapor products, or cigarettes; 3 compliance efforts; sale of tobacco, tobacco products, 4 alternative nicotine products, vapor products, or cigarettes 5 through vending machines; the giving away of samples of 6 tobacco, tobacco products, alternative nicotine products, 7 vapor products, or cigarettes to persons under 21 years of age 8 and within 500 feet of certain locations; and the mailing, 9 shipping, or other delivery of alternative nicotine products 10 or vapor products. 11 A person holding a permit, including a retailer, who 12 violates a provision of the bill is subject to civil penalties 13 and permit suspension or revocation provisions based on the 14 number of violations. A person other than a retailer who 15 sells, gives, or otherwise supplies any tobacco, tobacco 16 products, alternative nicotine products, vapor products, or 17 cigarettes to any person under 21 years of age is guilty of 18 a simple misdemeanor. An employee of a retailer who sells, 19 gives, or otherwise supplies any tobacco, tobacco products, 20 alternative nicotine products, vapor products, or cigarettes to 21 any person under 21 years of age commits a simple misdemeanor 22 punishable as a scheduled violation ranging from $100 to 23 $500 based upon the number of violations. A person under 24 21 years of age who smokes, uses, possesses, purchases, or 25 attempts to purchase any tobacco, tobacco products, alternative 26 nicotine products, vapor products, or cigarettes is subject to 27 performance of community service hours ranging from 8 hours for 28 a first offense to 16 hours for a third or subsequent offense. 29 The bill takes effect upon enactment. 30 -5- LSB 5507SV (1) 88 pf/rh 5/ 5