Senate
File
499
-
Introduced
SENATE
FILE
499
BY
CELSI
A
BILL
FOR
An
Act
relating
to
tobacco,
tobacco
products,
alternative
1
nicotine
products,
vapor
products,
and
cigarettes,
including
2
establishing
a
minimum
age
for
activities
relative
to
these
3
products,
and
making
penalties
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
321.216C,
Code
2019,
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.1,
subsections
5
and
6,
Code
2019,
are
15
amended
by
striking
the
subsections.
16
Sec.
3.
Section
453A.1,
Code
2019,
is
amended
by
adding
the
17
following
new
subsection:
18
NEW
SUBSECTION
.
29A.
“Vending
machine”
means
any
19
self-service
device
offered
for
public
use
which,
upon
payment
20
or
insertion
of
loose
tobacco
product,
dispenses,
or
assembles
21
and
dispenses,
cigarettes
or
tobacco
products,
or
which
22
upon
insertion
of
money,
a
token,
or
an
object
dispenses,
23
or
assembles
and
dispenses,
cigarettes,
tobacco
products,
24
alternative
nicotine
products,
or
vapor
products.
25
Sec.
4.
Section
453A.2,
subsections
1,
2,
and
3,
Code
2019,
26
are
amended
to
read
as
follows:
27
1.
A
person
shall
not
sell,
give,
or
otherwise
supply
any
28
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
29
products,
or
cigarettes
to
any
person
under
eighteen
twenty-one
30
years
of
age.
31
2.
A
person
under
eighteen
twenty-one
years
of
age
shall
32
not
smoke,
use,
possess,
purchase,
or
attempt
to
purchase
any
33
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
34
products,
or
cigarettes.
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3.
Possession
of
tobacco,
tobacco
products,
alternative
1
nicotine
products,
vapor
products,
or
cigarettes
by
an
2
individual
under
eighteen
twenty-one
years
of
age
does
not
3
constitute
a
violation
under
this
section
if
the
individual
4
under
eighteen
twenty-one
years
of
age
possesses
the
tobacco,
5
tobacco
products,
alternative
nicotine
products,
vapor
6
products,
or
cigarettes
as
part
of
the
individual’s
employment
7
and
the
individual
is
employed
by
a
person
who
holds
a
valid
8
permit
under
this
chapter
or
who
lawfully
offers
for
sale
or
9
sells
cigarettes
or
tobacco
products.
10
Sec.
5.
Section
453A.2,
subsection
8,
paragraph
a,
11
subparagraph
(2),
Code
2019,
is
amended
to
read
as
follows:
12
(2)
The
compliance
effort
is
conducted
with
the
advance
13
knowledge
of
law
enforcement
officers
and
reasonable
measures
14
are
adopted
by
those
conducting
the
effort
to
ensure
that
use
15
of
tobacco,
tobacco
products,
alternative
nicotine
products,
16
vapor
products,
or
cigarettes
by
individuals
under
eighteen
17
twenty-one
years
of
age
does
not
result
from
participation
by
18
any
individual
under
eighteen
twenty-one
years
of
age
in
the
19
compliance
effort.
20
Sec.
6.
Section
453A.5,
subsection
1,
Code
2019,
is
amended
21
to
read
as
follows:
22
1.
The
alcoholic
beverages
division
of
the
department
of
23
commerce
shall
develop
a
tobacco
compliance
employee
training
24
program
not
to
exceed
two
hours
in
length
for
employees
and
25
prospective
employees
of
retailers,
as
defined
in
sections
26
453A.1
and
453A.42
,
to
inform
the
employees
about
state
and
27
federal
laws
and
regulations
regarding
the
sale
of
tobacco,
28
tobacco
products,
alternative
nicotine
products,
vapor
29
products,
and
cigarettes
to
persons
under
eighteen
twenty-one
30
years
of
age
and
compliance
with
and
the
importance
of
laws
31
regarding
the
sale
of
tobacco,
tobacco
products,
alternative
32
nicotine
products,
vapor
products,
and
cigarettes
to
persons
33
under
eighteen
twenty-one
years
of
age.
34
Sec.
7.
Section
453A.6,
subsection
8,
Code
2019,
is
amended
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by
striking
the
subsection.
1
Sec.
8.
Section
453A.13,
subsection
1,
Code
2019,
is
amended
2
to
read
as
follows:
3
1.
Permits
required.
Every
distributor,
wholesaler,
4
cigarette
vendor,
and
retailer,
now
engaged
or
who
desires
to
5
become
engaged
in
the
sale
or
use
of
cigarettes,
upon
which
a
6
tax
is
required
to
be
paid,
and
every
retailer
now
engaged
or
7
who
desires
to
become
engaged
in
selling,
offering
for
sale,
or
8
distributing
alternative
nicotine
products
or
vapor
products,
9
including
through
delivery
sales,
shall
obtain
a
state
or
10
retail
permit
as
a
distributor,
wholesaler,
cigarette
vendor,
11
or
retailer,
as
the
case
may
be.
12
Sec.
9.
Section
453A.13,
subsection
2,
paragraphs
a
and
b,
13
Code
2019,
are
amended
to
read
as
follows:
14
a.
The
department
shall
issue
state
permits
to
distributors
,
15
and
wholesalers,
and
cigarette
vendors,
and
to
retailers
16
that
make
delivery
sales
of
alternative
nicotine
products
17
and
vapor
products,
subject
to
the
conditions
provided
in
18
this
subchapter
.
If
an
out-of-state
retailer
makes
delivery
19
sales
of
alternative
nicotine
products
or
vapor
products,
an
20
application
shall
be
filed
with
the
department
and
a
permit
21
shall
be
issued
for
the
out-of-state
retailer’s
principal
place
22
of
business.
Cities
may
issue
retail
permits
to
retailers
23
with
a
place
of
business
located
within
their
respective
24
limits.
County
boards
of
supervisors
may
issue
retail
permits
25
to
retailers
with
a
place
of
business
in
their
respective
26
counties,
outside
of
the
corporate
limits
of
cities.
27
b.
The
department
may
deny
the
issuance
of
a
permit
28
to
a
distributor,
wholesaler,
vendor
or
retailer
who
is
29
substantially
delinquent
in
the
payment
of
a
tax
due,
or
the
30
interest
or
penalty
on
the
tax,
administered
by
the
department
31
at
the
time
of
application.
If
the
applicant
is
a
partnership,
32
a
permit
may
be
denied
if
a
partner
is
substantially
delinquent
33
on
any
delinquent
tax,
penalty
or
interest.
If
the
applicant
34
is
a
corporation,
a
permit
may
be
denied
if
any
officer
having
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a
substantial
legal
or
equitable
interest
in
the
ownership
of
1
the
corporation
owes
any
delinquent
tax,
interest
or
penalty
2
of
the
applicant
corporation.
3
Sec.
10.
Section
453A.13,
subsection
3,
paragraph
a,
Code
4
2019,
is
amended
to
read
as
follows:
5
a.
All
permits
provided
for
in
this
subchapter
shall
expire
6
on
June
30
of
each
year.
A
permit
shall
not
be
granted
or
7
issued
until
the
applicant
has
paid
for
the
period
ending
June
8
30
next,
to
the
department
or
the
city
or
county
granting
the
9
permit,
the
fees
provided
for
in
this
subchapter
.
The
annual
10
state
permit
fee
for
a
distributor
,
cigarette
vendor,
and
11
wholesaler
is
one
hundred
dollars
when
the
permit
is
granted
12
during
the
months
of
July,
August,
or
September.
However,
13
whenever
a
state
permit
holder
operates
more
than
one
place
of
14
business,
a
duplicate
state
permit
shall
be
issued
for
each
15
additional
place
of
business
on
payment
of
five
dollars
for
16
each
duplicate
state
permit,
but
refunds
as
provided
in
this
17
subchapter
do
not
apply
to
any
duplicate
permit
issued.
18
Sec.
11.
Section
453A.13,
subsection
6,
Code
2019,
is
19
amended
to
read
as
follows:
20
6.
No
sales
without
permit.
A
distributor,
wholesaler,
21
cigarette
vendor,
or
retailer
shall
not
sell
any
cigarettes,
22
alternative
nicotine
products,
or
vapor
products
until
such
23
application
has
been
filed
and
the
fee
prescribed
paid
for
a
24
permit
and
until
such
permit
is
obtained
and
only
while
such
25
permit
is
unrevoked
and
unexpired.
26
Sec.
12.
Section
453A.36,
subsection
6,
Code
2019,
is
27
amended
to
read
as
follows:
28
6.
Any
sales
The
sale
of
tobacco,
tobacco
products,
29
alternative
nicotine
products,
vapor
products,
or
cigarettes
30
shall
not
be
made
through
a
cigarette
vending
machine
are
31
subject
to
rules
and
penalties
relative
to
retail
sales
of
32
tobacco,
tobacco
products,
alternative
nicotine
products,
33
vapor
products,
and
cigarettes
provided
for
in
this
chapter
or
34
through
a
self-service
display
.
Cigarettes
shall
not
be
sold
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through
any
cigarette
vending
machine
unless
the
cigarettes
1
have
been
properly
stamped
or
metered
as
provided
by
this
2
subchapter
,
and
in
case
of
violation
of
this
provision,
the
3
permit
of
the
dealer
authorizing
retail
sales
of
cigarettes
4
shall
be
revoked.
Payment
of
the
permit
fee
as
provided
5
in
section
453A.13
authorizes
a
cigarette
vendor
to
sell
6
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
7
products,
and
cigarettes
through
vending
machines.
However,
8
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
9
products,
and
cigarettes
shall
not
be
sold
through
a
vending
10
machine
unless
the
vending
machine
is
located
in
a
place
where
11
the
retailer
ensures
that
no
person
younger
than
eighteen
12
years
of
age
is
present
or
permitted
to
enter
at
any
time.
13
Tobacco,
tobacco
products,
alternative
nicotine
products,
14
vapor
products,
and
cigarettes
shall
not
be
sold
through
15
any
cigarette
vending
machine
if
such
products
are
placed
16
together
with
any
nontobacco
product,
other
than
matches,
in
17
the
cigarette
vending
machine.
This
section
does
not
require
18
a
retail
permit
holder
to
buy
a
cigarette
vendor’s
permit
if
19
the
retail
permit
holder
is
in
fact
the
owner
of
the
cigarette
20
vending
machines
and
the
machines
are
operated
in
the
location
21
described
in
the
retail
permit.
22
Sec.
13.
Section
453A.36A,
subsection
1,
Code
2019,
is
23
amended
to
read
as
follows:
24
1.
Except
as
provided
in
section
453A.36,
subsection
6
,
a
25
A
retailer
shall
not
sell
or
offer
for
sale
tobacco,
tobacco
26
products,
alternative
nicotine
products,
vapor
products,
or
27
cigarettes
through
the
use
of
a
self-service
display.
28
Sec.
14.
Section
453A.39,
subsection
2,
paragraphs
b
and
c,
29
Code
2019,
are
amended
to
read
as
follows:
30
b.
A
manufacturer,
distributor,
wholesaler,
retailer,
or
31
distributing
agent
or
agent
thereof
shall
not
give
away
any
32
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
33
products,
or
cigarettes
to
any
person
under
eighteen
twenty-one
34
years
of
age,
or
within
five
hundred
feet
of
any
playground,
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school,
high
school,
or
other
facility
when
such
facility
is
1
being
used
primarily
by
persons
under
age
eighteen
twenty-one
2
for
recreational,
educational,
or
other
purposes.
3
c.
Proof
of
age
shall
be
required
if
a
reasonable
person
4
could
conclude
on
the
basis
of
outward
appearance
that
a
5
prospective
recipient
of
a
sample
may
be
under
eighteen
6
twenty-one
years
of
age.
7
Sec.
15.
Section
453A.42,
subsection
9,
Code
2019,
is
8
amended
to
read
as
follows:
9
9.
“Place
of
business”
means
any
place
where
tobacco
10
products
are
sold
or
where
tobacco
products
are
manufactured,
11
stored,
or
kept
for
the
purpose
of
sale
or
consumption,
12
including
any
vessel,
vehicle,
airplane,
or
train
,
or
vending
13
machine
;
or
for
a
business
within
or
without
the
state
that
14
conducts
delivery
sales,
any
place
where
alternative
nicotine
15
products
or
vapor
products
are
sold
or
where
alternative
16
nicotine
products
or
vapor
products
are
kept
for
the
purpose
of
17
sale,
including
delivery
sales.
18
Sec.
16.
Section
453A.47B,
Code
2019,
is
amended
to
read
as
19
follows:
20
453A.47B
Requirements
for
mailing
or
shipping
——
alternative
21
nicotine
products
or
vapor
products.
22
A
retailer
shall
not
mail,
ship,
or
otherwise
cause
to
be
23
delivered
any
alternative
nicotine
product
or
vapor
product
in
24
connection
with
a
delivery
sale
unless
the
retailer
meets
all
25
of
the
following
apply
conditions
:
26
1.
Prior
to
sale
to
the
purchaser,
the
retailer
verifies
27
that
the
purchaser
is
at
least
eighteen
twenty-one
years
of
age
28
through
or
by
one
of
the
following:
29
a.
A
commercially
available
database,
or
aggregate
of
30
databases,
that
is
regularly
used
by
government
and
businesses
31
for
the
purpose
of
age
and
identity
verification.
32
b.
Obtaining
a
copy
of
a
valid
government-issued
document
33
that
provides
the
name,
address,
and
date
of
birth
of
the
34
purchaser.
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2.
The
retailer
uses
a
method
of
mailing,
shipping,
or
1
delivery
that
requires
the
signature
of
a
person
who
is
at
2
least
eighteen
twenty-one
years
of
age
before
the
shipping
3
package
is
released
to
the
purchaser.
4
Sec.
17.
SMOKING
POLICY
——
STATE
FACILITIES
AND
VEHICLES
5
——
CAPITOL
COMPLEX
BUILDINGS
AND
GROUNDS.
Pursuant
to
section
6
8A.322
and
11
IAC
100.3,
and
in
accordance
with
chapter
142D,
7
to
improve
the
health
of
Iowans
by
reducing
the
level
of
8
exposure
to
environmental
tobacco
smoke
and
the
use
of
tobacco
9
products,
the
director
of
the
department
of
administrative
10
services
shall
establish,
publish,
and
enforce
policies
11
and
rules
regarding
smoking
and
the
use
of
tobacco
products
12
within
the
confines
of
state-operated
and
owned
facilities,
13
state-owned
and
operated
vehicles,
and
capitol
complex
14
buildings
and
grounds.
For
the
purposes
of
the
policies
and
15
rules:
16
1.
“Smoking”
means
inhaling,
exhaling,
burning,
or
carrying
17
any
lighted
cigar,
cigarette,
pipe,
or
other
tobacco
product
18
in
any
manner
or
in
any
form
and
includes
but
is
not
limited
to
19
burning
or
vaporizing
tobacco
or
other
products
using
a
vapor
20
product
as
defined
in
section
453A.1.
21
2.
“Tobacco
product”
means
an
alternative
nicotine
product,
22
a
cigarette,
a
tobacco
product,
and
a
vapor
product
as
defined
23
in
section
453A.1.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
increases
the
minimum
age
relative
to
various
28
activities
relating
to
tobacco,
tobacco
products,
alternative
29
nicotine
products,
vapor
products,
and
cigarettes
from
18
years
30
of
age
to
21
years
of
age.
31
The
bill
prohibits
a
person
from
selling,
giving,
or
32
otherwise
supplying
any
tobacco,
tobacco
products,
alternative
33
nicotine
products,
vapor
products,
or
cigarettes
to
any
person
34
under
21
years
of
age.
The
bill
also
prohibits
a
person
under
35
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21
years
of
age
from
smoking,
using,
possessing,
purchasing,
1
or
attempting
to
purchase
any
tobacco,
tobacco
products,
2
alternative
nicotine
products,
vapor
products,
or
cigarettes.
3
The
bill
makes
conforming
changes
in
the
Code
relative
to
4
use
of
a
driver’s
license
or
nonoperator’s
identification
card
5
by
an
underage
person
to
obtain
tobacco,
tobacco
products,
6
alternative
nicotine
products,
vapor
products,
or
cigarettes;
7
compliance
efforts;
the
giving
away
of
samples
of
tobacco,
8
tobacco
products,
alternative
nicotine
products,
vapor
9
products,
or
cigarettes
to
persons
under
21
years
of
age
10
and
within
500
feet
of
certain
locations;
and
the
mailing,
11
shipping,
or
other
delivery
of
alternative
nicotine
products
12
or
vapor
products.
13
The
bill
also
prohibits
the
sales
of
cigarettes,
tobacco,
14
tobacco
products,
alternative
nicotine
products,
and
vapor
15
products
through
a
vending
machine
or
the
selling
or
offering
16
for
sale
of
these
products
through
a
self-service
display.
The
17
bill
includes
a
definition
of
“vending
machine”
which
expands
18
the
former
definition
of
“cigarette
vending
machine”
to
include
19
the
additional
types
of
products.
20
A
person
holding
a
permit,
including
a
retailer,
who
21
violates
a
provision
of
the
bill
is
subject
to
civil
penalties
22
and
permit
suspension
or
revocation
provisions
based
on
the
23
number
of
violations.
A
person
other
than
a
retailer
who
24
sells,
gives,
or
otherwise
supplies
any
tobacco,
tobacco
25
products,
alternative
nicotine
products,
vapor
products,
or
26
cigarettes
to
any
person
under
21
years
of
age
is
guilty
of
27
a
simple
misdemeanor.
An
employee
of
a
retailer
who
sells,
28
gives,
or
otherwise
supplies
any
tobacco,
tobacco
products,
29
alternative
nicotine
products,
vapor
products,
or
cigarettes
to
30
any
person
under
21
years
of
age
commits
a
simple
misdemeanor
31
punishable
as
a
scheduled
violation
ranging
from
$100
to
32
$500
based
upon
the
number
of
violations.
A
person
under
33
21
years
of
age
who
smokes,
uses,
possesses,
purchases,
or
34
attempts
to
purchase
any
tobacco,
tobacco
products,
alternative
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nicotine
products,
vapor
products,
or
cigarettes
is
subject
to
1
performance
of
community
service
hours
ranging
from
8
hours
for
2
a
first
offense
to
16
hours
for
a
third
or
subsequent
offense.
3
The
bill
also
directs
the
director
of
the
department
of
4
administrative
services
to
establish,
publish,
and
enforce
5
policies
and
rules
regarding
smoking
and
the
use
of
tobacco
6
products
within
the
confines
of
state-operated
and
owned
7
facilities,
state-owned
and
operated
vehicles,
and
capitol
8
complex
buildings
and
grounds.
The
bill
defines
“smoking”
and
9
“tobacco
product”
for
the
purposes
of
the
policies
and
rules
to
10
include
vapor
products
and
alternative
nicotine
products.
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