Bill Text: IA SF2268 | 2019-2020 | 88th General Assembly | Enrolled
Bill Title: A bill for an act establishing the minimum age relative to various activities relating to tobacco, tobacco products, alternative nicotine products, vapor products, and cigarettes, making penalties applicable, and including effective date provisions. (Formerly SSB 3016.) Effective date: 06/29/2020.
Spectrum: Committee Bill
Status: (Passed) 2020-06-30 - Fiscal note. [SF2268 Detail]
Download: Iowa-2019-SF2268-Enrolled.html
Senate
File
2268
-
Enrolled
Senate
File
2268
AN
ACT
ESTABLISHING
THE
MINIMUM
AGE
RELATIVE
TO
VARIOUS
ACTIVITIES
RELATING
TO
TOBACCO,
TOBACCO
PRODUCTS,
ALTERNATIVE
NICOTINE
PRODUCTS,
VAPOR
PRODUCTS,
AND
CIGARETTES,
MAKING
PENALTIES
APPLICABLE,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
321.216C,
Code
2020,
is
amended
to
read
as
follows:
321.216C
Use
of
driver’s
license
or
nonoperator’s
identification
card
by
underage
person
to
obtain
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
products,
or
cigarettes.
Senate
File
2268,
p.
2
A
person
who
is
under
the
age
of
eighteen
twenty-one
,
who
alters
or
displays
or
has
in
the
person’s
possession
a
fictitious
or
fraudulently
altered
driver’s
license
or
nonoperator’s
identification
card
and
who
uses
the
license
or
card
to
violate
or
attempt
to
violate
section
453A.2,
subsection
2
,
commits
a
simple
misdemeanor
punishable
as
a
scheduled
violation
under
section
805.8A,
subsection
4
.
The
court
shall
forward
a
copy
of
the
conviction
to
the
department.
Sec.
2.
Section
453A.2,
subsections
1,
2,
and
3,
Code
2020,
are
amended
to
read
as
follows:
1.
A
person
shall
not
sell,
give,
or
otherwise
supply
any
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
products,
or
cigarettes
to
any
person
under
eighteen
twenty-one
years
of
age.
2.
A
person
under
eighteen
twenty-one
years
of
age
shall
not
smoke,
use,
possess,
purchase,
or
attempt
to
purchase
any
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
products,
or
cigarettes.
3.
Possession
of
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
products,
or
cigarettes
by
an
individual
under
eighteen
twenty-one
years
of
age
does
not
constitute
a
violation
under
this
section
if
the
individual
under
eighteen
twenty-one
years
of
age
possesses
the
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
products,
or
cigarettes
as
part
of
the
individual’s
employment
and
the
individual
is
employed
by
a
person
who
holds
a
valid
permit
under
this
chapter
or
who
lawfully
offers
for
sale
or
sells
cigarettes
or
tobacco
products.
Sec.
3.
Section
453A.2,
subsection
8,
paragraph
a,
subparagraph
(2),
Code
2020,
is
amended
to
read
as
follows:
(2)
The
compliance
effort
is
conducted
with
the
advance
knowledge
of
law
enforcement
officers
and
reasonable
measures
are
adopted
by
those
conducting
the
effort
to
ensure
that
use
of
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
products,
or
cigarettes
by
individuals
under
eighteen
twenty-one
years
of
age
does
not
result
from
participation
by
any
individual
under
eighteen
twenty-one
years
of
age
in
the
compliance
effort.
Sec.
4.
Section
453A.5,
subsection
1,
Code
2020,
is
amended
Senate
File
2268,
p.
3
to
read
as
follows:
1.
The
alcoholic
beverages
division
of
the
department
of
commerce
shall
develop
a
tobacco
compliance
employee
training
program
not
to
exceed
two
hours
in
length
for
employees
and
prospective
employees
of
retailers,
as
defined
in
sections
453A.1
and
453A.42
,
to
inform
the
employees
about
state
and
federal
laws
and
regulations
regarding
the
sale
of
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
products,
and
cigarettes
to
persons
under
eighteen
twenty-one
years
of
age
and
compliance
with
and
the
importance
of
laws
regarding
the
sale
of
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
products,
and
cigarettes
to
persons
under
eighteen
twenty-one
years
of
age.
Sec.
5.
Section
453A.36,
subsection
6,
Code
2020,
is
amended
to
read
as
follows:
6.
Any
sales
of
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
products,
or
cigarettes
made
through
a
cigarette
vending
machine
are
subject
to
rules
and
penalties
relative
to
retail
sales
of
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
products,
and
cigarettes
provided
for
in
this
chapter
.
Cigarettes
shall
not
be
sold
through
any
cigarette
vending
machine
unless
the
cigarettes
have
been
properly
stamped
or
metered
as
provided
by
this
subchapter
,
and
in
case
of
violation
of
this
provision,
the
permit
of
the
dealer
authorizing
retail
sales
of
cigarettes
shall
be
revoked.
Payment
of
the
permit
fee
as
provided
in
section
453A.13
authorizes
a
cigarette
vendor
to
sell
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
products,
and
cigarettes
through
vending
machines.
However,
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
products,
and
cigarettes
shall
not
be
sold
through
a
vending
machine
unless
the
vending
machine
is
located
in
a
place
where
the
retailer
ensures
that
no
person
younger
than
eighteen
twenty-one
years
of
age
is
present
or
permitted
to
enter
at
any
time.
Tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
products,
and
cigarettes
shall
not
be
sold
through
any
cigarette
vending
machine
if
such
products
are
placed
together
with
any
nontobacco
product,
other
than
matches,
in
the
cigarette
vending
machine.
This
section
does
Senate
File
2268,
p.
4
not
require
a
retail
permit
holder
to
buy
a
cigarette
vendor’s
permit
if
the
retail
permit
holder
is
in
fact
the
owner
of
the
cigarette
vending
machines
and
the
machines
are
operated
in
the
location
described
in
the
retail
permit.
Sec.
6.
Section
453A.39,
subsection
2,
paragraphs
b
and
c,
Code
2020,
are
amended
to
read
as
follows:
b.
A
manufacturer,
distributor,
wholesaler,
retailer,
or
distributing
agent
or
agent
thereof
shall
not
give
away
any
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
products,
or
cigarettes
to
any
person
under
eighteen
twenty-one
years
of
age,
or
within
five
hundred
feet
of
any
playground,
school,
high
school,
or
other
facility
when
such
facility
is
being
used
primarily
by
persons
under
age
eighteen
twenty-one
for
recreational,
educational,
or
other
purposes.
c.
Proof
of
age
shall
be
required
if
a
reasonable
person
could
conclude
on
the
basis
of
outward
appearance
that
a
prospective
recipient
of
a
sample
may
be
under
eighteen
twenty-one
years
of
age.
Sec.
7.
Section
453A.47B,
Code
2020,
is
amended
to
read
as
follows:
453A.47B
Requirements
for
mailing
or
shipping
——
alternative
nicotine
products
or
vapor
products.
A
retailer
shall
not
mail,
ship,
or
otherwise
cause
to
be
delivered
any
alternative
nicotine
product
or
vapor
product
in
connection
with
a
delivery
sale
unless
the
retailer
meets
all
of
the
following
apply
conditions
:
1.
Prior
to
sale
to
the
purchaser,
the
retailer
verifies
that
the
purchaser
is
at
least
eighteen
twenty-one
years
of
age
through
or
by
one
of
the
following:
a.
A
commercially
available
database,
or
aggregate
of
databases,
that
is
regularly
used
by
government
and
businesses
for
the
purpose
of
age
and
identity
verification.
b.
Obtaining
a
copy
of
a
valid
government-issued
document
that
provides
the
name,
address,
and
date
of
birth
of
the
purchaser.
2.
The
retailer
uses
a
method
of
mailing,
shipping,
or
delivery
that
requires
the
signature
of
a
person
who
is
at
least
eighteen
twenty-one
years
of
age
before
the
shipping
package
is
released
to
the
purchaser.
Senate
File
2268,
p.
5
Sec.
8.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2268,
Eighty-eighth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2020
______________________________
KIM
REYNOLDS
Governor
