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Senate File 499 - IntroducedA Bill ForAn Act 1relating to tobacco, tobacco products, alternative
2nicotine products, vapor products, and cigarettes, including
3establishing a minimum age for activities relative to these
4products, and making penalties applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.216C, Code 2019, is amended to read
2as follows:
3321.216C Use of driver’s license or nonoperator’s
4identification card by underage person to obtain tobacco, tobacco
5products, alternative nicotine products, vapor products, or
6cigarettes.
7A person who is under the age of eighteen twenty-one,
8who alters or displays or has in the person’s possession
9a fictitious or fraudulently altered driver’s license or
10nonoperator’s identification card and who uses the license
11or card to violate or attempt to violate section 453A.2,
12subsection 2, commits a simple misdemeanor punishable as a
13scheduled violation under section 805.8A, subsection 4. The
14court shall forward a copy of the conviction to the department.
15 Sec. 2. Section 453A.1, subsections 5 and 6, Code 2019, are
16amended by striking the subsections.
17 Sec. 3. Section 453A.1, Code 2019, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 29A. “Vending machine” means any
20self-service device offered for public use which, upon payment
21or insertion of loose tobacco product, dispenses, or assembles
22and dispenses, cigarettes or tobacco products, or which
23upon insertion of money, a token, or an object dispenses,
24or assembles and dispenses, cigarettes, tobacco products,
25alternative nicotine products, or vapor products.
26 Sec. 4. Section 453A.2, subsections 1, 2, and 3, Code 2019,
27are amended to read as follows:
281. A person shall not sell, give, or otherwise supply any
29tobacco, tobacco products, alternative nicotine products, vapor
30products, or cigarettes to any person under eighteen twenty-one
31 years of age.
322. A person under eighteen twenty-one years of age shall
33not smoke, use, possess, purchase, or attempt to purchase any
34tobacco, tobacco products, alternative nicotine products, vapor
35products, or cigarettes.
-1- 13. Possession of tobacco, tobacco products, alternative
2nicotine products, vapor products, or cigarettes by an
3individual under eighteen twenty-one years of age does not
4constitute a violation under this section if the individual
5under eighteen twenty-one years of age possesses the tobacco,
6tobacco products, alternative nicotine products, vapor
7products, or cigarettes as part of the individual’s employment
8and the individual is employed by a person who holds a valid
9permit under this chapter or who lawfully offers for sale or
10sells cigarettes or tobacco products.
11 Sec. 5. Section 453A.2, subsection 8, paragraph a,
12subparagraph (2), Code 2019, is amended to read as follows:
13(2) The compliance effort is conducted with the advance
14knowledge of law enforcement officers and reasonable measures
15are adopted by those conducting the effort to ensure that use
16of tobacco, tobacco products, alternative nicotine products,
17vapor products, or cigarettes by individuals under eighteen
18 twenty-one years of age does not result from participation by
19any individual under eighteen twenty-one years of age in the
20compliance effort.
21 Sec. 6. Section 453A.5, subsection 1, Code 2019, is amended
22to read as follows:
231. The alcoholic beverages division of the department of
24commerce shall develop a tobacco compliance employee training
25program not to exceed two hours in length for employees and
26prospective employees of retailers, as defined in sections
27453A.1 and 453A.42, to inform the employees about state and
28federal laws and regulations regarding the sale of tobacco,
29tobacco products, alternative nicotine products, vapor
30products, and cigarettes to persons under eighteen twenty-one
31 years of age and compliance with and the importance of laws
32regarding the sale of tobacco, tobacco products, alternative
33nicotine products, vapor products, and cigarettes to persons
34under eighteen twenty-one years of age.
35 Sec. 7. Section 453A.6, subsection 8, Code 2019, is amended
-2-1by striking the subsection.
2 Sec. 8. Section 453A.13, subsection 1, Code 2019, is amended
3to read as follows:
41. Permits required. Every distributor, wholesaler,
5cigarette vendor, and retailer, now engaged or who desires to
6become engaged in the sale or use of cigarettes, upon which a
7tax is required to be paid, and every retailer now engaged or
8who desires to become engaged in selling, offering for sale, or
9distributing alternative nicotine products or vapor products,
10including through delivery sales, shall obtain a state or
11retail permit as a distributor, wholesaler, cigarette vendor,
12 or retailer, as the case may be.
13 Sec. 9. Section 453A.13, subsection 2, paragraphs a and b,
14Code 2019, are amended to read as follows:
15a. The department shall issue state permits to distributors,
16 and wholesalers, and cigarette vendors, and to retailers
17that make delivery sales of alternative nicotine products
18and vapor products, subject to the conditions provided in
19this subchapter. If an out-of-state retailer makes delivery
20sales of alternative nicotine products or vapor products, an
21application shall be filed with the department and a permit
22shall be issued for the out-of-state retailer’s principal place
23of business. Cities may issue retail permits to retailers
24with a place of business located within their respective
25limits. County boards of supervisors may issue retail permits
26to retailers with a place of business in their respective
27counties, outside of the corporate limits of cities.
28b. The department may deny the issuance of a permit
29to a distributor, wholesaler, vendor or retailer who is
30substantially delinquent in the payment of a tax due, or the
31interest or penalty on the tax, administered by the department
32at the time of application. If the applicant is a partnership,
33a permit may be denied if a partner is substantially delinquent
34on any delinquent tax, penalty or interest. If the applicant
35is a corporation, a permit may be denied if any officer having
-3-1a substantial legal or equitable interest in the ownership of
2the corporation owes any delinquent tax, interest or penalty
3of the applicant corporation.
4 Sec. 10. Section 453A.13, subsection 3, paragraph a, Code
52019, is amended to read as follows:
6a. All permits provided for in this subchapter shall expire
7on June 30 of each year. A permit shall not be granted or
8issued until the applicant has paid for the period ending June
930 next, to the department or the city or county granting the
10permit, the fees provided for in this subchapter. The annual
11state permit fee for a distributor, cigarette vendor, and
12wholesaler is one hundred dollars when the permit is granted
13during the months of July, August, or September. However,
14whenever a state permit holder operates more than one place of
15business, a duplicate state permit shall be issued for each
16additional place of business on payment of five dollars for
17each duplicate state permit, but refunds as provided in this
18subchapter do not apply to any duplicate permit issued.
19 Sec. 11. Section 453A.13, subsection 6, Code 2019, is
20amended to read as follows:
216. No sales without permit. A distributor, wholesaler,
22cigarette vendor, or retailer shall not sell any cigarettes,
23alternative nicotine products, or vapor products until such
24application has been filed and the fee prescribed paid for a
25permit and until such permit is obtained and only while such
26permit is unrevoked and unexpired.
27 Sec. 12. Section 453A.36, subsection 6, Code 2019, is
28amended to read as follows:
296. Any sales The sale of tobacco, tobacco products,
30alternative nicotine products, vapor products, or cigarettes
31shall not be made through a cigarette vending machine are
32subject to rules and penalties relative to retail sales of
33tobacco, tobacco products, alternative nicotine products,
34vapor products, and cigarettes provided for in this chapter or
35through a self-service display. Cigarettes shall not be sold
-4-1through any cigarette vending machine unless the cigarettes
2have been properly stamped or metered as provided by this
3subchapter, and in case of violation of this provision, the
4permit of the dealer authorizing retail sales of cigarettes
5shall be revoked. Payment of the permit fee as provided
6in section 453A.13 authorizes a cigarette vendor to sell
7tobacco, tobacco products, alternative nicotine products, vapor
8products, and cigarettes through vending machines. However,
9tobacco, tobacco products, alternative nicotine products, vapor
10products, and cigarettes shall not be sold through a vending
11machine unless the vending machine is located in a place where
12the retailer ensures that no person younger than eighteen
13years of age is present or permitted to enter at any time.
14Tobacco, tobacco products, alternative nicotine products,
15vapor products, and cigarettes shall not be sold through
16any cigarette vending machine if such products are placed
17together with any nontobacco product, other than matches, in
18the cigarette vending machine. This section does not require
19a retail permit holder to buy a cigarette vendor’s permit if
20the retail permit holder is in fact the owner of the cigarette
21vending machines and the machines are operated in the location
22described in the retail permit.
23 Sec. 13. Section 453A.36A, subsection 1, Code 2019, is
24amended to read as follows:
251. Except as provided in section 453A.36, subsection 6, a
26 A retailer shall not sell or offer for sale tobacco, tobacco
27products, alternative nicotine products, vapor products, or
28cigarettes through the use of a self-service display.
29 Sec. 14. Section 453A.39, subsection 2, paragraphs b and c,
30Code 2019, are amended to read as follows:
31b. A manufacturer, distributor, wholesaler, retailer, or
32distributing agent or agent thereof shall not give away any
33tobacco, tobacco products, alternative nicotine products, vapor
34products, or cigarettes to any person under eighteen twenty-one
35 years of age, or within five hundred feet of any playground,
-5-1school, high school, or other facility when such facility is
2being used primarily by persons under age eighteen twenty-one
3 for recreational, educational, or other purposes.
4c. Proof of age shall be required if a reasonable person
5could conclude on the basis of outward appearance that a
6prospective recipient of a sample may be under eighteen
7 twenty-one years of age.
8 Sec. 15. Section 453A.42, subsection 9, Code 2019, is
9amended to read as follows:
109. “Place of business” means any place where tobacco
11products are sold or where tobacco products are manufactured,
12stored, or kept for the purpose of sale or consumption,
13including any vessel, vehicle, airplane, or train, or vending
14machine; or for a business within or without the state that
15conducts delivery sales, any place where alternative nicotine
16products or vapor products are sold or where alternative
17nicotine products or vapor products are kept for the purpose of
18sale, including delivery sales.
19 Sec. 16. Section 453A.47B, Code 2019, is amended to read as
20follows:
21453A.47B Requirements for mailing or shipping — alternative
22nicotine products or vapor products.
23A retailer shall not mail, ship, or otherwise cause to be
24delivered any alternative nicotine product or vapor product in
25connection with a delivery sale unless the retailer meets all
26of the following apply conditions:
271. Prior to sale to the purchaser, the retailer verifies
28that the purchaser is at least eighteen twenty-one years of age
29through or by one of the following:
30a. A commercially available database, or aggregate of
31databases, that is regularly used by government and businesses
32for the purpose of age and identity verification.
33b. Obtaining a copy of a valid government-issued document
34that provides the name, address, and date of birth of the
35purchaser.
-6- 12. The retailer uses a method of mailing, shipping, or
2delivery that requires the signature of a person who is at
3least eighteen twenty-one years of age before the shipping
4package is released to the purchaser.
5 Sec. 17. SMOKING POLICY — STATE FACILITIES AND VEHICLES
6— CAPITOL COMPLEX BUILDINGS AND GROUNDS. Pursuant to section
78A.322 and 11 IAC 100.3, and in accordance with chapter 142D,
8to improve the health of Iowans by reducing the level of
9exposure to environmental tobacco smoke and the use of tobacco
10products, the director of the department of administrative
11services shall establish, publish, and enforce policies
12and rules regarding smoking and the use of tobacco products
13within the confines of state-operated and owned facilities,
14state-owned and operated vehicles, and capitol complex
15buildings and grounds. For the purposes of the policies and
16rules:
171. “Smoking” means inhaling, exhaling, burning, or carrying
18any lighted cigar, cigarette, pipe, or other tobacco product
19in any manner or in any form and includes but is not limited to
20burning or vaporizing tobacco or other products using a vapor
21product as defined in section 453A.1.
222. “Tobacco product” means an alternative nicotine product,
23a cigarette, a tobacco product, and a vapor product as defined
24in section 453A.1.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill increases the minimum age relative to various
29activities relating to tobacco, tobacco products, alternative
30nicotine products, vapor products, and cigarettes from 18 years
31of age to 21 years of age.
32The bill prohibits a person from selling, giving, or
33otherwise supplying any tobacco, tobacco products, alternative
34nicotine products, vapor products, or cigarettes to any person
35under 21 years of age. The bill also prohibits a person under
-7-121 years of age from smoking, using, possessing, purchasing,
2or attempting to purchase any tobacco, tobacco products,
3alternative nicotine products, vapor products, or cigarettes.
4The bill makes conforming changes in the Code relative to
5use of a driver’s license or nonoperator’s identification card
6by an underage person to obtain tobacco, tobacco products,
7alternative nicotine products, vapor products, or cigarettes;
8compliance efforts; the giving away of samples of tobacco,
9tobacco products, alternative nicotine products, vapor
10products, or cigarettes to persons under 21 years of age
11and within 500 feet of certain locations; and the mailing,
12shipping, or other delivery of alternative nicotine products
13or vapor products.
14The bill also prohibits the sales of cigarettes, tobacco,
15tobacco products, alternative nicotine products, and vapor
16products through a vending machine or the selling or offering
17for sale of these products through a self-service display. The
18bill includes a definition of “vending machine” which expands
19the former definition of “cigarette vending machine” to include
20the additional types of products.
21A person holding a permit, including a retailer, who
22violates a provision of the bill is subject to civil penalties
23and permit suspension or revocation provisions based on the
24number of violations. A person other than a retailer who
25sells, gives, or otherwise supplies any tobacco, tobacco
26products, alternative nicotine products, vapor products, or
27cigarettes to any person under 21 years of age is guilty of
28a simple misdemeanor. An employee of a retailer who sells,
29gives, or otherwise supplies any tobacco, tobacco products,
30alternative nicotine products, vapor products, or cigarettes to
31any person under 21 years of age commits a simple misdemeanor
32punishable as a scheduled violation ranging from $100 to
33$500 based upon the number of violations. A person under
3421 years of age who smokes, uses, possesses, purchases, or
35attempts to purchase any tobacco, tobacco products, alternative
-8-1nicotine products, vapor products, or cigarettes is subject to
2performance of community service hours ranging from 8 hours for
3a first offense to 16 hours for a third or subsequent offense.
4The bill also directs the director of the department of
5administrative services to establish, publish, and enforce
6policies and rules regarding smoking and the use of tobacco
7products within the confines of state-operated and owned
8facilities, state-owned and operated vehicles, and capitol
9complex buildings and grounds. The bill defines “smoking” and
10“tobacco product” for the purposes of the policies and rules to
11include vapor products and alternative nicotine products.
-9-pf/jh
2nicotine products, vapor products, and cigarettes, including
3establishing a minimum age for activities relative to these
4products, and making penalties applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.216C, Code 2019, is amended to read
2as follows:
3321.216C Use of driver’s license or nonoperator’s
4identification card by underage person to obtain tobacco, tobacco
5products, alternative nicotine products, vapor products, or
6cigarettes.
7A person who is under the age of eighteen twenty-one,
8who alters or displays or has in the person’s possession
9a fictitious or fraudulently altered driver’s license or
10nonoperator’s identification card and who uses the license
11or card to violate or attempt to violate section 453A.2,
12subsection 2, commits a simple misdemeanor punishable as a
13scheduled violation under section 805.8A, subsection 4. The
14court shall forward a copy of the conviction to the department.
15 Sec. 2. Section 453A.1, subsections 5 and 6, Code 2019, are
16amended by striking the subsections.
17 Sec. 3. Section 453A.1, Code 2019, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 29A. “Vending machine” means any
20self-service device offered for public use which, upon payment
21or insertion of loose tobacco product, dispenses, or assembles
22and dispenses, cigarettes or tobacco products, or which
23upon insertion of money, a token, or an object dispenses,
24or assembles and dispenses, cigarettes, tobacco products,
25alternative nicotine products, or vapor products.
26 Sec. 4. Section 453A.2, subsections 1, 2, and 3, Code 2019,
27are amended to read as follows:
281. A person shall not sell, give, or otherwise supply any
29tobacco, tobacco products, alternative nicotine products, vapor
30products, or cigarettes to any person under eighteen twenty-one
31 years of age.
322. A person under eighteen twenty-one years of age shall
33not smoke, use, possess, purchase, or attempt to purchase any
34tobacco, tobacco products, alternative nicotine products, vapor
35products, or cigarettes.
-1- 13. Possession of tobacco, tobacco products, alternative
2nicotine products, vapor products, or cigarettes by an
3individual under eighteen twenty-one years of age does not
4constitute a violation under this section if the individual
5under eighteen twenty-one years of age possesses the tobacco,
6tobacco products, alternative nicotine products, vapor
7products, or cigarettes as part of the individual’s employment
8and the individual is employed by a person who holds a valid
9permit under this chapter or who lawfully offers for sale or
10sells cigarettes or tobacco products.
11 Sec. 5. Section 453A.2, subsection 8, paragraph a,
12subparagraph (2), Code 2019, is amended to read as follows:
13(2) The compliance effort is conducted with the advance
14knowledge of law enforcement officers and reasonable measures
15are adopted by those conducting the effort to ensure that use
16of tobacco, tobacco products, alternative nicotine products,
17vapor products, or cigarettes by individuals under eighteen
18 twenty-one years of age does not result from participation by
19any individual under eighteen twenty-one years of age in the
20compliance effort.
21 Sec. 6. Section 453A.5, subsection 1, Code 2019, is amended
22to read as follows:
231. The alcoholic beverages division of the department of
24commerce shall develop a tobacco compliance employee training
25program not to exceed two hours in length for employees and
26prospective employees of retailers, as defined in sections
27453A.1 and 453A.42, to inform the employees about state and
28federal laws and regulations regarding the sale of tobacco,
29tobacco products, alternative nicotine products, vapor
30products, and cigarettes to persons under eighteen twenty-one
31 years of age and compliance with and the importance of laws
32regarding the sale of tobacco, tobacco products, alternative
33nicotine products, vapor products, and cigarettes to persons
34under eighteen twenty-one years of age.
35 Sec. 7. Section 453A.6, subsection 8, Code 2019, is amended
-2-1by striking the subsection.
2 Sec. 8. Section 453A.13, subsection 1, Code 2019, is amended
3to read as follows:
41. Permits required. Every distributor, wholesaler,
5cigarette vendor, and retailer, now engaged or who desires to
6become engaged in the sale or use of cigarettes, upon which a
7tax is required to be paid, and every retailer now engaged or
8who desires to become engaged in selling, offering for sale, or
9distributing alternative nicotine products or vapor products,
10including through delivery sales, shall obtain a state or
11retail permit as a distributor, wholesaler, cigarette vendor,
12 or retailer, as the case may be.
13 Sec. 9. Section 453A.13, subsection 2, paragraphs a and b,
14Code 2019, are amended to read as follows:
15a. The department shall issue state permits to distributors,
16 and wholesalers, and cigarette vendors, and to retailers
17that make delivery sales of alternative nicotine products
18and vapor products, subject to the conditions provided in
19this subchapter. If an out-of-state retailer makes delivery
20sales of alternative nicotine products or vapor products, an
21application shall be filed with the department and a permit
22shall be issued for the out-of-state retailer’s principal place
23of business. Cities may issue retail permits to retailers
24with a place of business located within their respective
25limits. County boards of supervisors may issue retail permits
26to retailers with a place of business in their respective
27counties, outside of the corporate limits of cities.
28b. The department may deny the issuance of a permit
29to a distributor, wholesaler, vendor or retailer who is
30substantially delinquent in the payment of a tax due, or the
31interest or penalty on the tax, administered by the department
32at the time of application. If the applicant is a partnership,
33a permit may be denied if a partner is substantially delinquent
34on any delinquent tax, penalty or interest. If the applicant
35is a corporation, a permit may be denied if any officer having
-3-1a substantial legal or equitable interest in the ownership of
2the corporation owes any delinquent tax, interest or penalty
3of the applicant corporation.
4 Sec. 10. Section 453A.13, subsection 3, paragraph a, Code
52019, is amended to read as follows:
6a. All permits provided for in this subchapter shall expire
7on June 30 of each year. A permit shall not be granted or
8issued until the applicant has paid for the period ending June
930 next, to the department or the city or county granting the
10permit, the fees provided for in this subchapter. The annual
11state permit fee for a distributor, cigarette vendor, and
12wholesaler is one hundred dollars when the permit is granted
13during the months of July, August, or September. However,
14whenever a state permit holder operates more than one place of
15business, a duplicate state permit shall be issued for each
16additional place of business on payment of five dollars for
17each duplicate state permit, but refunds as provided in this
18subchapter do not apply to any duplicate permit issued.
19 Sec. 11. Section 453A.13, subsection 6, Code 2019, is
20amended to read as follows:
216. No sales without permit. A distributor, wholesaler,
22cigarette vendor, or retailer shall not sell any cigarettes,
23alternative nicotine products, or vapor products until such
24application has been filed and the fee prescribed paid for a
25permit and until such permit is obtained and only while such
26permit is unrevoked and unexpired.
27 Sec. 12. Section 453A.36, subsection 6, Code 2019, is
28amended to read as follows:
296. Any sales The sale of tobacco, tobacco products,
30alternative nicotine products, vapor products, or cigarettes
31shall not be made through a cigarette vending machine are
32subject to rules and penalties relative to retail sales of
33tobacco, tobacco products, alternative nicotine products,
34vapor products, and cigarettes provided for in this chapter or
35through a self-service display. Cigarettes shall not be sold
-4-1through any cigarette vending machine unless the cigarettes
2have been properly stamped or metered as provided by this
3subchapter, and in case of violation of this provision, the
4permit of the dealer authorizing retail sales of cigarettes
5shall be revoked. Payment of the permit fee as provided
6in section 453A.13 authorizes a cigarette vendor to sell
7tobacco, tobacco products, alternative nicotine products, vapor
8products, and cigarettes through vending machines. However,
9tobacco, tobacco products, alternative nicotine products, vapor
10products, and cigarettes shall not be sold through a vending
11machine unless the vending machine is located in a place where
12the retailer ensures that no person younger than eighteen
13years of age is present or permitted to enter at any time.
14Tobacco, tobacco products, alternative nicotine products,
15vapor products, and cigarettes shall not be sold through
16any cigarette vending machine if such products are placed
17together with any nontobacco product, other than matches, in
18the cigarette vending machine. This section does not require
19a retail permit holder to buy a cigarette vendor’s permit if
20the retail permit holder is in fact the owner of the cigarette
21vending machines and the machines are operated in the location
22described in the retail permit.
23 Sec. 13. Section 453A.36A, subsection 1, Code 2019, is
24amended to read as follows:
251. Except as provided in section 453A.36, subsection 6, a
26 A retailer shall not sell or offer for sale tobacco, tobacco
27products, alternative nicotine products, vapor products, or
28cigarettes through the use of a self-service display.
29 Sec. 14. Section 453A.39, subsection 2, paragraphs b and c,
30Code 2019, are amended to read as follows:
31b. A manufacturer, distributor, wholesaler, retailer, or
32distributing agent or agent thereof shall not give away any
33tobacco, tobacco products, alternative nicotine products, vapor
34products, or cigarettes to any person under eighteen twenty-one
35 years of age, or within five hundred feet of any playground,
-5-1school, high school, or other facility when such facility is
2being used primarily by persons under age eighteen twenty-one
3 for recreational, educational, or other purposes.
4c. Proof of age shall be required if a reasonable person
5could conclude on the basis of outward appearance that a
6prospective recipient of a sample may be under eighteen
7 twenty-one years of age.
8 Sec. 15. Section 453A.42, subsection 9, Code 2019, is
9amended to read as follows:
109. “Place of business” means any place where tobacco
11products are sold or where tobacco products are manufactured,
12stored, or kept for the purpose of sale or consumption,
13including any vessel, vehicle, airplane, or train, or vending
14machine; or for a business within or without the state that
15conducts delivery sales, any place where alternative nicotine
16products or vapor products are sold or where alternative
17nicotine products or vapor products are kept for the purpose of
18sale, including delivery sales.
19 Sec. 16. Section 453A.47B, Code 2019, is amended to read as
20follows:
21453A.47B Requirements for mailing or shipping — alternative
22nicotine products or vapor products.
23A retailer shall not mail, ship, or otherwise cause to be
24delivered any alternative nicotine product or vapor product in
25connection with a delivery sale unless the retailer meets all
26of the following apply conditions:
271. Prior to sale to the purchaser, the retailer verifies
28that the purchaser is at least eighteen twenty-one years of age
29through or by one of the following:
30a. A commercially available database, or aggregate of
31databases, that is regularly used by government and businesses
32for the purpose of age and identity verification.
33b. Obtaining a copy of a valid government-issued document
34that provides the name, address, and date of birth of the
35purchaser.
-6- 12. The retailer uses a method of mailing, shipping, or
2delivery that requires the signature of a person who is at
3least eighteen twenty-one years of age before the shipping
4package is released to the purchaser.
5 Sec. 17. SMOKING POLICY — STATE FACILITIES AND VEHICLES
6— CAPITOL COMPLEX BUILDINGS AND GROUNDS. Pursuant to section
78A.322 and 11 IAC 100.3, and in accordance with chapter 142D,
8to improve the health of Iowans by reducing the level of
9exposure to environmental tobacco smoke and the use of tobacco
10products, the director of the department of administrative
11services shall establish, publish, and enforce policies
12and rules regarding smoking and the use of tobacco products
13within the confines of state-operated and owned facilities,
14state-owned and operated vehicles, and capitol complex
15buildings and grounds. For the purposes of the policies and
16rules:
171. “Smoking” means inhaling, exhaling, burning, or carrying
18any lighted cigar, cigarette, pipe, or other tobacco product
19in any manner or in any form and includes but is not limited to
20burning or vaporizing tobacco or other products using a vapor
21product as defined in section 453A.1.
222. “Tobacco product” means an alternative nicotine product,
23a cigarette, a tobacco product, and a vapor product as defined
24in section 453A.1.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill increases the minimum age relative to various
29activities relating to tobacco, tobacco products, alternative
30nicotine products, vapor products, and cigarettes from 18 years
31of age to 21 years of age.
32The bill prohibits a person from selling, giving, or
33otherwise supplying any tobacco, tobacco products, alternative
34nicotine products, vapor products, or cigarettes to any person
35under 21 years of age. The bill also prohibits a person under
-7-121 years of age from smoking, using, possessing, purchasing,
2or attempting to purchase any tobacco, tobacco products,
3alternative nicotine products, vapor products, or cigarettes.
4The bill makes conforming changes in the Code relative to
5use of a driver’s license or nonoperator’s identification card
6by an underage person to obtain tobacco, tobacco products,
7alternative nicotine products, vapor products, or cigarettes;
8compliance efforts; the giving away of samples of tobacco,
9tobacco products, alternative nicotine products, vapor
10products, or cigarettes to persons under 21 years of age
11and within 500 feet of certain locations; and the mailing,
12shipping, or other delivery of alternative nicotine products
13or vapor products.
14The bill also prohibits the sales of cigarettes, tobacco,
15tobacco products, alternative nicotine products, and vapor
16products through a vending machine or the selling or offering
17for sale of these products through a self-service display. The
18bill includes a definition of “vending machine” which expands
19the former definition of “cigarette vending machine” to include
20the additional types of products.
21A person holding a permit, including a retailer, who
22violates a provision of the bill is subject to civil penalties
23and permit suspension or revocation provisions based on the
24number of violations. A person other than a retailer who
25sells, gives, or otherwise supplies any tobacco, tobacco
26products, alternative nicotine products, vapor products, or
27cigarettes to any person under 21 years of age is guilty of
28a simple misdemeanor. An employee of a retailer who sells,
29gives, or otherwise supplies any tobacco, tobacco products,
30alternative nicotine products, vapor products, or cigarettes to
31any person under 21 years of age commits a simple misdemeanor
32punishable as a scheduled violation ranging from $100 to
33$500 based upon the number of violations. A person under
3421 years of age who smokes, uses, possesses, purchases, or
35attempts to purchase any tobacco, tobacco products, alternative
-8-1nicotine products, vapor products, or cigarettes is subject to
2performance of community service hours ranging from 8 hours for
3a first offense to 16 hours for a third or subsequent offense.
4The bill also directs the director of the department of
5administrative services to establish, publish, and enforce
6policies and rules regarding smoking and the use of tobacco
7products within the confines of state-operated and owned
8facilities, state-owned and operated vehicles, and capitol
9complex buildings and grounds. The bill defines “smoking” and
10“tobacco product” for the purposes of the policies and rules to
11include vapor products and alternative nicotine products.
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