Bill Text: IA SF607 | 2019-2020 | 88th General Assembly | Introduced
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 and applicability provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-12 - Subcommittee recommends amendment and passage. [SF607 Detail]
Download: Iowa-2019-SF607-Introduced.html
Senate
File
607
-
Introduced
SENATE
FILE
607
BY
SCHNEIDER
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
and
applicability
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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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
This
section
shall
not
apply
to
a
person
who
is
exempt
from
the
15
provisions
of
chapter
453A
as
specified
in
section
453A.41.
16
Sec.
2.
Section
453A.2,
subsections
1,
2,
and
3,
Code
2019,
17
are
amended
to
read
as
follows:
18
1.
A
person
shall
not
sell,
give,
or
otherwise
supply
any
19
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
20
products,
or
cigarettes
to
any
person
under
eighteen
twenty-one
21
years
of
age.
22
2.
A
person
under
eighteen
twenty-one
years
of
age
shall
23
not
smoke,
use,
possess,
purchase,
or
attempt
to
purchase
any
24
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
25
products,
or
cigarettes.
26
3.
Possession
of
tobacco,
tobacco
products,
alternative
27
nicotine
products,
vapor
products,
or
cigarettes
by
an
28
individual
under
eighteen
twenty-one
years
of
age
does
not
29
constitute
a
violation
under
this
section
if
the
individual
30
under
eighteen
twenty-one
years
of
age
possesses
the
tobacco,
31
tobacco
products,
alternative
nicotine
products,
vapor
32
products,
or
cigarettes
as
part
of
the
individual’s
employment
33
and
the
individual
is
employed
by
a
person
who
holds
a
valid
34
permit
under
this
chapter
or
who
lawfully
offers
for
sale
or
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sells
cigarettes
or
tobacco
products.
1
Sec.
3.
Section
453A.2,
subsection
8,
paragraph
a,
2
subparagraph
(2),
Code
2019,
is
amended
to
read
as
follows:
3
(2)
The
compliance
effort
is
conducted
with
the
advance
4
knowledge
of
law
enforcement
officers
and
reasonable
measures
5
are
adopted
by
those
conducting
the
effort
to
ensure
that
use
6
of
tobacco,
tobacco
products,
alternative
nicotine
products,
7
vapor
products,
or
cigarettes
by
individuals
under
eighteen
8
twenty-one
years
of
age
does
not
result
from
participation
by
9
any
individual
under
eighteen
twenty-one
years
of
age
in
the
10
compliance
effort.
11
Sec.
4.
Section
453A.5,
subsection
1,
Code
2019,
is
amended
12
to
read
as
follows:
13
1.
The
alcoholic
beverages
division
of
the
department
of
14
commerce
shall
develop
a
tobacco
compliance
employee
training
15
program
not
to
exceed
two
hours
in
length
for
employees
and
16
prospective
employees
of
retailers,
as
defined
in
sections
17
453A.1
and
453A.42
,
to
inform
the
employees
about
state
and
18
federal
laws
and
regulations
regarding
the
sale
of
tobacco,
19
tobacco
products,
alternative
nicotine
products,
vapor
20
products,
and
cigarettes
to
persons
under
eighteen
twenty-one
21
years
of
age
and
compliance
with
and
the
importance
of
laws
22
regarding
the
sale
of
tobacco,
tobacco
products,
alternative
23
nicotine
products,
vapor
products,
and
cigarettes
to
persons
24
under
eighteen
twenty-one
years
of
age.
25
Sec.
5.
Section
453A.36,
subsection
6,
Code
2019,
is
amended
26
to
read
as
follows:
27
6.
Any
sales
of
tobacco,
tobacco
products,
alternative
28
nicotine
products,
vapor
products,
or
cigarettes
made
through
a
29
cigarette
vending
machine
are
subject
to
rules
and
penalties
30
relative
to
retail
sales
of
tobacco,
tobacco
products,
31
alternative
nicotine
products,
vapor
products,
and
cigarettes
32
provided
for
in
this
chapter
.
Cigarettes
shall
not
be
sold
33
through
any
cigarette
vending
machine
unless
the
cigarettes
34
have
been
properly
stamped
or
metered
as
provided
by
this
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subchapter
,
and
in
case
of
violation
of
this
provision,
the
1
permit
of
the
dealer
authorizing
retail
sales
of
cigarettes
2
shall
be
revoked.
Payment
of
the
permit
fee
as
provided
3
in
section
453A.13
authorizes
a
cigarette
vendor
to
sell
4
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
5
products,
and
cigarettes
through
vending
machines.
However,
6
tobacco,
tobacco
products,
alternative
nicotine
products,
7
vapor
products,
and
cigarettes
shall
not
be
sold
through
a
8
vending
machine
unless
the
vending
machine
is
located
in
a
9
place
where
the
retailer
ensures
that
no
person
younger
than
10
eighteen
twenty-one
years
of
age
is
present
or
permitted
to
11
enter
at
any
time.
Tobacco,
tobacco
products,
alternative
12
nicotine
products,
vapor
products,
and
cigarettes
shall
not
be
13
sold
through
any
cigarette
vending
machine
if
such
products
14
are
placed
together
with
any
nontobacco
product,
other
than
15
matches,
in
the
cigarette
vending
machine.
This
section
does
16
not
require
a
retail
permit
holder
to
buy
a
cigarette
vendor’s
17
permit
if
the
retail
permit
holder
is
in
fact
the
owner
of
the
18
cigarette
vending
machines
and
the
machines
are
operated
in
the
19
location
described
in
the
retail
permit.
20
Sec.
6.
Section
453A.39,
subsection
2,
paragraphs
b
and
c,
21
Code
2019,
are
amended
to
read
as
follows:
22
b.
A
manufacturer,
distributor,
wholesaler,
retailer,
or
23
distributing
agent
or
agent
thereof
shall
not
give
away
any
24
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
25
products,
or
cigarettes
to
any
person
under
eighteen
twenty-one
26
years
of
age,
or
within
five
hundred
feet
of
any
playground,
27
school,
high
school,
or
other
facility
when
such
facility
is
28
being
used
primarily
by
persons
under
age
eighteen
twenty-one
29
for
recreational,
educational,
or
other
purposes.
30
c.
Proof
of
age
shall
be
required
if
a
reasonable
person
31
could
conclude
on
the
basis
of
outward
appearance
that
a
32
prospective
recipient
of
a
sample
may
be
under
eighteen
33
twenty-one
years
of
age.
34
Sec.
7.
NEW
SECTION
.
453A.41
Exemption
for
person
with
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military
or
veteran
identification
card.
1
For
the
purposes
of
this
chapter,
a
person
who
has
attained
2
the
age
of
eighteen
but
who
has
not
yet
attained
the
age
of
3
twenty-one
is
exempt
from
the
provisions
applicable
to
a
person
4
under
this
chapter
based
upon
attaining
the
age
of
twenty-one,
5
if
the
person
is
able
to
establish
the
person’s
identity
6
by
presenting
a
veteran
identification
card
or
a
military
7
identification
card
that
contains
the
person’s
signature.
8
Sec.
8.
Section
453A.47B,
Code
2019,
is
amended
to
read
as
9
follows:
10
453A.47B
Requirements
for
mailing
or
shipping
——
alternative
11
nicotine
products
or
vapor
products.
12
A
retailer
shall
not
mail,
ship,
or
otherwise
cause
to
be
13
delivered
any
alternative
nicotine
product
or
vapor
product
in
14
connection
with
a
delivery
sale
unless
the
retailer
meets
all
15
of
the
following
apply
conditions
:
16
1.
Prior
to
sale
to
the
purchaser,
the
retailer
verifies
17
that
the
purchaser
is
at
least
eighteen
twenty-one
years
of
age
18
through
or
by
one
of
the
following:
19
a.
A
commercially
available
database,
or
aggregate
of
20
databases,
that
is
regularly
used
by
government
and
businesses
21
for
the
purpose
of
age
and
identity
verification.
22
b.
Obtaining
a
copy
of
a
valid
government-issued
document
23
that
provides
the
name,
address,
and
date
of
birth
of
the
24
purchaser.
25
2.
The
retailer
uses
a
method
of
mailing,
shipping,
or
26
delivery
that
requires
the
signature
of
a
person
who
is
at
27
least
eighteen
twenty-one
years
of
age
before
the
shipping
28
package
is
released
to
the
purchaser.
29
Sec.
9.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
30
2020.
31
Sec.
10.
APPLICABILITY.
This
Act
shall
not
apply
to
any
32
person
who
is
eighteen
years
of
age
or
older
before
January
33
1,
2020,
and
at
such
time
could
lawfully
smoke,
use,
possess,
34
purchase,
or
attempt
to
purchase
tobacco,
tobacco
products,
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alternative
nicotine
products,
vapor
products,
or
cigarettes.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
increases
the
minimum
age
relative
to
various
5
activities
relating
to
tobacco,
tobacco
products,
alternative
6
nicotine
products,
vapor
products,
and
cigarettes
from
18
years
7
of
age
to
21
years
of
age.
8
The
bill
prohibits
a
person
from
selling,
giving,
or
9
otherwise
supplying
any
tobacco,
tobacco
products,
alternative
10
nicotine
products,
vapor
products,
or
cigarettes
to
any
person
11
under
21
years
of
age.
The
bill
also
prohibits
a
person
under
12
21
years
of
age
from
smoking,
using,
possessing,
purchasing,
13
or
attempting
to
purchase
any
tobacco,
tobacco
products,
14
alternative
nicotine
products,
vapor
products,
or
cigarettes.
15
The
bill
makes
conforming
changes
in
the
Code
relative
to
16
use
of
a
driver’s
license
or
nonoperator’s
identification
card
17
by
an
underage
person
to
obtain
tobacco,
tobacco
products,
18
alternative
nicotine
products,
vapor
products,
or
cigarettes;
19
compliance
efforts;
sale
of
tobacco,
tobacco
products,
20
alternative
nicotine
products,
vapor
products,
or
cigarettes
21
through
vending
machines;
the
giving
away
of
samples
of
22
tobacco,
tobacco
products,
alternative
nicotine
products,
23
vapor
products,
or
cigarettes
to
persons
under
21
years
of
age
24
and
within
500
feet
of
certain
locations;
and
the
mailing,
25
shipping,
or
other
delivery
of
alternative
nicotine
products
26
or
vapor
products.
27
A
person
holding
a
permit,
including
a
retailer,
who
28
violates
a
provision
of
the
bill
is
subject
to
civil
penalties
29
and
permit
suspension
or
revocation
provisions
based
on
the
30
number
of
violations.
A
person
other
than
a
retailer
who
31
sells,
gives,
or
otherwise
supplies
any
tobacco,
tobacco
32
products,
alternative
nicotine
products,
vapor
products,
or
33
cigarettes
to
any
person
under
21
years
of
age
is
guilty
of
34
a
simple
misdemeanor.
An
employee
of
a
retailer
who
sells,
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gives,
or
otherwise
supplies
any
tobacco,
tobacco
products,
1
alternative
nicotine
products,
vapor
products,
or
cigarettes
to
2
any
person
under
21
years
of
age
commits
a
simple
misdemeanor
3
punishable
as
a
scheduled
violation
ranging
from
$100
to
4
$500
based
upon
the
number
of
violations.
A
person
under
5
21
years
of
age
who
smokes,
uses,
possesses,
purchases,
or
6
attempts
to
purchase
any
tobacco,
tobacco
products,
alternative
7
nicotine
products,
vapor
products,
or
cigarettes
is
subject
to
8
performance
of
community
service
hours
ranging
from
8
hours
for
9
a
first
offense
to
16
hours
for
a
third
or
subsequent
offense.
10
The
bill
exempts
from
the
provisions,
based
upon
a
person
11
attaining
the
age
of
21
under
Code
chapter
453A,
a
person
who
12
has
attained
the
age
of
18
but
who
has
not
yet
attained
the
age
13
of
21,
if
the
person
is
able
to
establish
the
person’s
identity
14
by
presenting
a
veteran
identification
card
or
a
military
15
identification
card
that
contains
the
person’s
signature.
16
The
bill
takes
effect
January
1,
2020.
17
The
bill
is
not
applicable
to
any
person
who
is
18
years
of
18
age
or
older
before
January
1,
2020,
and
at
such
time
could
19
lawfully
smoke,
use,
posses,
purchase,
or
attempt
to
purchase
20
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
21
products,
or
cigarettes.
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