Bill Text: IA SSB3016 | 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 provisions.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-13 - Committee report approving bill, renumbered as SF 2268. [SSB3016 Detail]
Download: Iowa-2019-SSB3016-Introduced.html
Senate
Study
Bill
3016
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
SMITH)
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
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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
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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
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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
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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
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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.
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