Bill Text: IA HF2307 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to cigarettes, tobacco, tobacco products, alternative nicotine products, and vapor products, and including taxation of such products.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-02-10 - Subcommittee: Hagenow, Hein and Jacoby. H.J. 251. [HF2307 Detail]
Download: Iowa-2019-HF2307-Introduced.html
House
File
2307
-
Introduced
HOUSE
FILE
2307
BY
MASCHER
A
BILL
FOR
An
Act
relating
to
cigarettes,
tobacco,
tobacco
products,
1
alternative
nicotine
products,
and
vapor
products,
and
2
including
taxation
of
such
products.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
6088YH
(5)
88
pf/jh
H.F.
2307
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,
who
alters
7
or
displays
or
has
in
the
person’s
possession
a
fictitious
8
or
fraudulently
altered
driver’s
license
or
nonoperator’s
9
identification
card
and
who
uses
the
license
or
card
to
violate
10
or
attempt
to
violate
section
453A.2,
subsection
2
,
commits
a
11
simple
misdemeanor
punishable
as
a
scheduled
violation
under
12
section
805.8A,
subsection
4
.
The
court
shall
forward
a
copy
13
of
the
conviction
to
the
department.
14
Sec.
2.
Section
423.3,
subsection
57,
paragraph
h,
Code
15
2020,
is
amended
to
read
as
follows:
16
h.
“Tobacco”
means
cigarettes
,
cigars,
chewing
or
pipe
17
tobacco,
or
any
other
item
that
contains
and
tobacco
products
18
as
defined
in
section
453A.1
.
19
Sec.
3.
Section
453A.1,
subsections
1,
23,
and
28,
Code
20
2020,
are
amended
to
read
as
follows:
21
1.
“Alternative
nicotine
product”
means
a
product,
not
22
consisting
of
or
containing
tobacco,
that
provides
for
the
23
ingestion
into
the
body
of
nicotine,
whether
by
chewing,
24
absorbing,
dissolving,
inhaling,
snorting,
or
sniffing,
or
25
by
any
other
means.
“Alternative
nicotine
product”
does
not
26
include
cigarettes,
tobacco
products,
or
vapor
products,
or
a
27
product
that
is
regulated
as
a
drug
or
device
by
the
United
28
States
food
and
drug
administration
under
chapter
V
of
the
29
federal
Food,
Drug,
and
Cosmetic
Act.
30
23.
“Retailer”
shall
mean
and
include
every
person
in
31
this
state
who
shall
sell,
distribute,
or
offer
for
sale
for
32
consumption
or
possess
for
the
purpose
of
sale
for
consumption,
33
cigarettes
,
alternative
nicotine
products,
or
vapor
products
34
irrespective
of
quantity
or
amount
or
the
number
of
sales
;
and
35
-1-
LSB
6088YH
(5)
88
pf/jh
1/
10
H.F.
2307
every
person
within
or
without
the
state
that
conducts
delivery
1
sales
.
2
28.
“Tobacco
products”
means
cigars;
little
cigars
as
3
defined
in
section
453A.42,
subsection
6
;
alternative
nicotine
4
products;
vapor
products;
cheroots;
stogies;
periques;
5
granulated
;
,
plug
cut,
crimp
cut,
ready
rubbed,
and
other
6
smoking
tobacco;
snuff,
snuff
flour;
cavendish;
plug
and
twist
7
tobacco;
fine-cut
and
other
chewing
tobaccos;
shorts;
or
refuse
8
scraps,
clippings,
cuttings
and
sweepings
of
tobacco,
and
other
9
kinds
and
forms
of
tobacco,
prepared
in
such
manner
as
to
be
10
suitable
for
chewing
or
smoking
in
a
pipe
or
otherwise,
or
both
11
for
chewing
and
smoking;
but
does
not
mean
cigarettes.
12
Sec.
4.
Section
453A.2,
subsections
1,
2,
3,
and
8,
Code
13
2020,
are
amended
to
read
as
follows:
14
1.
A
person
shall
not
sell,
give,
or
otherwise
supply
any
15
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
16
products,
or
cigarettes
to
any
person
under
eighteen
years
of
17
age.
18
2.
A
person
under
eighteen
years
of
age
shall
not
smoke,
19
use,
possess,
purchase,
or
attempt
to
purchase
any
tobacco,
20
tobacco
products,
alternative
nicotine
products,
vapor
21
products,
or
cigarettes.
22
3.
Possession
of
tobacco,
tobacco
products,
alternative
23
nicotine
products,
vapor
products,
or
cigarettes
by
an
24
individual
under
eighteen
years
of
age
does
not
constitute
25
a
violation
under
this
section
if
the
individual
under
26
eighteen
years
of
age
possesses
the
tobacco,
tobacco
products,
27
alternative
nicotine
products,
vapor
products,
or
cigarettes
28
as
part
of
the
individual’s
employment
and
the
individual
29
is
employed
by
a
person
who
holds
a
valid
permit
under
this
30
chapter
or
who
lawfully
offers
for
sale
or
sells
cigarettes
or
31
tobacco
products.
32
8.
a.
A
person
shall
not
be
guilty
of
a
violation
of
this
33
section
if
conduct
that
would
otherwise
constitute
a
violation
34
is
performed
to
assess
compliance
with
tobacco,
tobacco
35
-2-
LSB
6088YH
(5)
88
pf/jh
2/
10
H.F.
2307
products,
alternative
nicotine
products,
vapor
products,
or
1
cigarette
laws
if
any
of
the
following
applies:
2
(1)
The
compliance
effort
is
conducted
by
or
under
the
3
supervision
of
law
enforcement
officers.
4
(2)
The
compliance
effort
is
conducted
with
the
advance
5
knowledge
of
law
enforcement
officers
and
reasonable
measures
6
are
adopted
by
those
conducting
the
effort
to
ensure
that
7
use
of
tobacco,
tobacco
products,
alternative
nicotine
8
products,
vapor
products,
or
cigarettes
by
individuals
under
9
eighteen
years
of
age
does
not
result
from
participation
by
10
any
individual
under
eighteen
years
of
age
in
the
compliance
11
effort.
12
b.
For
the
purposes
of
this
subsection
,
“law
enforcement
13
officer”
means
a
peace
officer
as
defined
in
section
801.4
and
14
includes
persons
designated
under
subsection
4
to
enforce
this
15
section
.
16
Sec.
5.
Section
453A.4,
subsection
1,
Code
2020,
is
amended
17
to
read
as
follows:
18
1.
If
a
person
holding
a
permit
under
this
chapter
or
an
19
employee
of
such
a
permittee
has
a
reasonable
belief
based
on
20
factual
evidence
that
a
driver’s
license
as
defined
in
section
21
321.1,
subsection
20A,
or
nonoperator’s
identification
card
22
issued
pursuant
to
section
321.190
offered
by
a
person
who
23
wishes
to
purchase
tobacco,
tobacco
products,
alternative
24
nicotine
products,
vapor
products,
or
cigarettes
is
altered
25
or
falsified
or
belongs
to
another
person,
the
permittee
or
26
employee
may
retain
the
driver’s
license
or
nonoperator’s
27
identification
card.
Within
twenty-four
hours,
the
card
shall
28
be
delivered
to
the
appropriate
city
or
county
law
enforcement
29
agency
of
the
jurisdiction
in
which
the
permittee’s
premises
30
are
located,
and
the
permittee
shall
file
a
written
report
of
31
the
circumstances
under
which
the
card
was
retained.
The
local
32
law
enforcement
agency
may
investigate
whether
a
violation
33
of
section
321.216
,
321.216A
,
or
321.216C
has
occurred.
If
34
an
investigation
is
not
initiated
or
probable
cause
is
not
35
-3-
LSB
6088YH
(5)
88
pf/jh
3/
10
H.F.
2307
established
by
the
local
law
enforcement
agency,
the
driver’s
1
license
or
nonoperator’s
identification
card
shall
be
delivered
2
to
the
person
to
whom
it
was
issued.
The
local
law
enforcement
3
agency
may
forward
the
card
with
the
report
to
the
state
4
department
of
transportation
for
investigation,
in
which
5
case,
the
state
department
of
transportation
may
investigate
6
whether
a
violation
of
section
321.216
,
321.216A
,
or
321.216C
7
has
occurred.
The
state
department
of
transportation
shall
8
return
the
card
to
the
person
to
whom
it
was
issued
if
an
9
investigation
is
not
initiated
or
probable
cause
is
not
10
established.
11
Sec.
6.
Section
453A.5,
subsection
1,
Code
2020,
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
years
of
21
age
and
compliance
with
and
the
importance
of
laws
regarding
22
the
sale
of
tobacco,
tobacco
products,
alternative
nicotine
23
products,
vapor
products,
and
cigarettes
to
persons
under
24
eighteen
years
of
age.
25
Sec.
7.
Section
453A.13,
subsections
1,
6,
9,
and
10,
Code
26
2020,
are
amended
to
read
as
follows:
27
1.
Permits
required.
Every
distributor,
wholesaler,
28
cigarette
vendor,
and
retailer,
now
engaged
or
who
desires
to
29
become
engaged
in
the
sale
or
use
of
cigarettes,
upon
which
a
30
tax
is
required
to
be
paid,
and
every
retailer
now
engaged
or
31
who
desires
to
become
engaged
in
selling,
offering
for
sale,
or
32
distributing
alternative
nicotine
products
or
vapor
products
,
33
including
through
delivery
sales,
shall
obtain
a
state
or
34
retail
permit
as
a
distributor,
wholesaler,
cigarette
vendor,
35
-4-
LSB
6088YH
(5)
88
pf/jh
4/
10
H.F.
2307
or
retailer,
as
the
case
may
be.
1
6.
No
sales
without
permit.
A
distributor,
wholesaler,
2
cigarette
vendor,
or
retailer
shall
not
sell
any
cigarettes,
3
or
sell,
offer
for
sale,
or
distribute
alternative
nicotine
4
products
,
or
vapor
products
through
delivery
sales,
until
such
5
application
has
been
filed
and
the
fee
prescribed
paid
for
a
6
permit
and
until
such
permit
is
obtained
and
only
while
such
7
permit
is
unrevoked
and
unexpired.
8
9.
Permit
——
form
and
contents.
Each
permit
issued
shall
9
describe
clearly
the
place
of
business
for
which
it
is
issued,
10
shall
be
nonassignable,
consecutively
numbered,
designating
the
11
kind
of
permit,
and
shall
authorize
the
sale
of
cigarettes,
or
12
the
selling,
offering
for
sale,
or
distributing
of
alternative
13
nicotine
products
,
or
vapor
products
through
delivery
sales
in
14
this
state
subject
to
the
limitations
and
restrictions
herein
15
contained.
The
retail
permits
shall
be
upon
forms
furnished
by
16
the
department
or
on
forms
made
available
or
approved
by
the
17
department.
18
10.
Permit
displayed.
The
permit
shall,
at
all
times,
be
19
publicly
displayed
by
the
distributor,
wholesaler,
or
retailer
20
at
the
place
of
business
so
as
to
be
easily
seen
by
the
public
21
and
the
persons
authorized
to
inspect
the
place
of
business.
22
The
proprietor
or
keeper
of
any
building
or
place
where
23
cigarettes,
alternative
nicotine
products,
vapor
products,
24
tobacco,
or
tobacco
products
are
kept
for
sale,
or
with
intent
25
to
sell,
shall
upon
request
of
any
agent
of
the
department
or
26
any
peace
officer
exhibit
the
permit.
A
refusal
or
failure
to
27
exhibit
the
permit
is
prima
facie
evidence
that
the
cigarettes,
28
alternative
nicotine
products,
vapor
products,
tobacco,
or
29
tobacco
products
are
kept
for
sale
or
with
intent
to
sell
in
30
violation
of
this
subchapter
.
31
Sec.
8.
Section
453A.36,
subsection
6,
Code
2020,
is
amended
32
to
read
as
follows:
33
6.
Any
sales
of
tobacco,
tobacco
products,
alternative
34
nicotine
products,
vapor
products,
or
cigarettes
made
through
a
35
-5-
LSB
6088YH
(5)
88
pf/jh
5/
10
H.F.
2307
cigarette
vending
machine
are
subject
to
rules
and
penalties
1
relative
to
retail
sales
of
tobacco,
tobacco
products,
2
alternative
nicotine
products,
vapor
products,
and
cigarettes
3
provided
for
in
this
chapter
.
Cigarettes
shall
not
be
sold
4
through
any
cigarette
vending
machine
unless
the
cigarettes
5
have
been
properly
stamped
or
metered
as
provided
by
this
6
subchapter
,
and
in
case
of
violation
of
this
provision,
the
7
permit
of
the
dealer
authorizing
retail
sales
of
cigarettes
8
shall
be
revoked.
Payment
of
the
permit
fee
as
provided
9
in
section
453A.13
authorizes
a
cigarette
vendor
to
sell
10
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
11
products,
and
cigarettes
through
vending
machines.
However,
12
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
13
products,
and
cigarettes
shall
not
be
sold
through
a
vending
14
machine
unless
the
vending
machine
is
located
in
a
place
where
15
the
retailer
ensures
that
no
person
younger
than
eighteen
16
years
of
age
is
present
or
permitted
to
enter
at
any
time.
17
Tobacco,
tobacco
products,
alternative
nicotine
products,
18
vapor
products,
and
cigarettes
shall
not
be
sold
through
19
any
cigarette
vending
machine
if
such
products
are
placed
20
together
with
any
nontobacco
product,
other
than
matches,
in
21
the
cigarette
vending
machine.
This
section
does
not
require
22
a
retail
permit
holder
to
buy
a
cigarette
vendor’s
permit
if
23
the
retail
permit
holder
is
in
fact
the
owner
of
the
cigarette
24
vending
machines
and
the
machines
are
operated
in
the
location
25
described
in
the
retail
permit.
26
Sec.
9.
Section
453A.36,
subsection
7,
paragraph
a,
Code
27
2020,
is
amended
to
read
as
follows:
28
a.
It
shall
be
unlawful
for
a
person
other
than
a
retailer
29
as
defined
in
section
453A.1
or
453A.42
who
holds
a
valid
30
retail
permit,
as
applicable,
to
sell
tobacco,
tobacco
31
products,
alternative
nicotine
products,
vapor
products,
or
32
cigarettes
at
retail.
33
Sec.
10.
Section
453A.36A,
subsection
1,
Code
2020,
is
34
amended
to
read
as
follows:
35
-6-
LSB
6088YH
(5)
88
pf/jh
6/
10
H.F.
2307
1.
Except
as
provided
in
section
453A.36,
subsection
6
,
1
a
retailer
shall
not
sell
or
offer
for
sale
tobacco,
tobacco
2
products,
alternative
nicotine
products,
vapor
products,
or
3
cigarettes
through
the
use
of
a
self-service
display.
4
Sec.
11.
Section
453A.39,
Code
2020,
is
amended
to
read
as
5
follows:
6
453A.39
Tobacco,
tobacco
products,
alternative
nicotine
7
products,
vapor
products,
and
cigarette
samples
——
restrictions
8
——
administration.
9
1.
A
manufacturer,
distributor,
wholesaler,
retailer,
or
10
distributing
agent,
or
agent
thereof,
shall
not
give
away
11
cigarettes
or
tobacco
products
at
any
time
in
connection
with
12
the
manufacturer’s,
distributor’s,
wholesaler’s,
retailer’s,
or
13
distributing
agent’s
business
or
for
promotion
of
the
business
14
or
product,
except
as
provided
in
subsection
2
.
15
2.
a.
All
cigarette
samples
shall
be
shipped
only
to
a
16
distributor
that
has
a
permit
to
stamp
cigarettes
or
little
17
cigars
with
Iowa
tax.
All
cigarette
samples
must
have
a
18
cigarette
stamp.
The
manufacturer
shipping
samples
under
this
19
section
shall
send
an
affidavit
to
the
director
stating
the
20
shipment
information,
including
the
date
shipped,
quantity,
and
21
to
whom
the
samples
were
shipped.
The
distributor
receiving
22
the
shipment
shall
send
an
affidavit
to
the
director
stating
23
the
shipment
information,
including
the
date
shipped,
quantity,
24
and
from
whom
the
samples
were
shipped.
These
affidavits
shall
25
be
duly
notarized
and
submitted
to
the
director
at
the
time
of
26
shipment
and
receipt
of
the
samples.
The
distributor
shall
27
pay
the
tax
on
samples
by
separate
remittance
along
with
the
28
affidavit.
29
b.
A
manufacturer,
distributor,
wholesaler,
retailer,
or
30
distributing
agent
or
agent
thereof
shall
not
give
away
any
31
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
32
products,
or
cigarettes
to
any
person
under
eighteen
years
of
33
age,
or
within
five
hundred
feet
of
any
playground,
school,
34
high
school,
or
other
facility
when
such
facility
is
being
35
-7-
LSB
6088YH
(5)
88
pf/jh
7/
10
H.F.
2307
used
primarily
by
persons
under
age
eighteen
for
recreational,
1
educational,
or
other
purposes.
2
c.
Proof
of
age
shall
be
required
if
a
reasonable
person
3
could
conclude
on
the
basis
of
outward
appearance
that
a
4
prospective
recipient
of
a
sample
may
be
under
eighteen
years
5
of
age.
6
Sec.
12.
Section
453A.42,
subsection
3,
Code
2020,
is
7
amended
by
striking
the
subsection
and
inserting
in
lieu
8
thereof
the
following:
9
3.
“Delivery
sale”
means
the
same
as
defined
in
section
10
453A.1.
11
Sec.
13.
Section
453A.42,
subsections
9
and
11,
Code
2020,
12
are
amended
to
read
as
follows:
13
9.
“Place
of
business”
means
any
place
where
tobacco
14
products
are
sold
or
where
tobacco
products
are
manufactured,
15
stored,
or
kept
for
the
purpose
of
sale
or
consumption,
16
including
any
vessel,
vehicle,
airplane,
train,
or
vending
17
machine;
or
for
a
business
within
or
without
the
state
that
18
conducts
delivery
sales,
any
place
where
alternative
nicotine
19
products
or
vapor
products
are
sold
or
where
alternative
20
nicotine
products
or
vapor
products
are
kept
for
the
purpose
of
21
sale
,
including
delivery
sales
.
22
11.
“Retailer”
means
any
person
engaged
in
the
business
23
of
selling
tobacco
,
or
tobacco
products
,
alternative
nicotine
24
products,
or
vapor
products
to
ultimate
consumers
;
and
every
25
person
within
or
without
the
state
that
conducts
delivery
26
sales
.
27
Sec.
14.
Section
453A.42,
subsection
16,
Code
2020,
is
28
amended
by
striking
the
subsection
and
inserting
in
lieu
29
thereof
the
following:
30
16.
“Tobacco
products”
means
the
same
as
defined
in
section
31
453A.1.
32
Sec.
15.
Section
453A.42,
Code
2020,
is
amended
by
adding
33
the
following
new
subsections:
34
NEW
SUBSECTION
.
01.
“Alternative
nicotine
product”
means
35
-8-
LSB
6088YH
(5)
88
pf/jh
8/
10
H.F.
2307
the
same
as
defined
in
section
453A.1.
1
NEW
SUBSECTION
.
17A.
“Vapor
product”
means
the
same
as
2
defined
in
section
453A.1.
3
Sec.
16.
Section
453A.47A,
subsections
1,
2,
4,
and
5,
Code
4
2020,
are
amended
to
read
as
follows:
5
1.
Permits
required.
A
person
shall
not
engage
in
the
6
business
of
a
retailer
of
tobacco
,
or
tobacco
products
,
7
alternative
nicotine
products,
or
vapor
products
at
any
place
8
of
business,
or
through
delivery
sales,
without
first
having
9
received
a
permit
as
a
retailer.
10
2.
No
sales
without
permit.
A
retailer
shall
not
sell
any
11
tobacco
,
or
tobacco
products
,
alternative
nicotine
products,
or
12
vapor
products
until
an
application
has
been
filed
and
the
fee
13
prescribed
paid
for
a
permit
and
until
such
permit
is
obtained
14
and
only
while
such
permit
is
not
suspended,
unrevoked,
or
15
unexpired.
16
4.
Retailer
——
multiple
permits
not
required
——
effect
of
17
suspension.
A
retailer,
as
defined
in
section
453A.1
,
who
holds
18
a
permit
under
subchapter
I
of
this
chapter
is
not
required
to
19
also
obtain
a
retail
permit
under
this
subchapter
.
However,
20
if
a
retailer,
as
defined
in
section
453A.1
,
only
holds
a
21
permit
under
subchapter
I
of
this
chapter
and
that
permit
is
22
suspended,
revoked,
or
expired,
the
retailer
shall
not
sell
any
23
tobacco
,
or
tobacco
products
,
alternative
nicotine
products,
or
24
vapor
products
during
the
time
which
the
permit
is
suspended,
25
revoked,
or
expired.
26
5.
Separate
permit.
A
separate
retail
permit
shall
be
27
required
of
a
distributor
or
subjobber
if
the
distributor
or
28
subjobber
sells
tobacco
,
or
tobacco
products
,
alternative
29
nicotine
products,
or
vapor
products
at
retail.
30
Sec.
17.
Section
453A.47A,
subsection
10,
paragraph
b,
Code
31
2020,
is
amended
to
read
as
follows:
32
b.
Every
retailer
shall,
when
requested
by
the
department,
33
make
additional
reports
as
the
department
deems
necessary
and
34
proper
and
shall
at
the
request
of
the
department
furnish
full
35
-9-
LSB
6088YH
(5)
88
pf/jh
9/
10
H.F.
2307
and
complete
information
pertaining
to
any
transaction
of
the
1
retailer
involving
the
purchase
or
sale
or
use
of
tobacco
,
2
or
tobacco
products
,
alternative
nicotine
products,
or
vapor
3
products
.
4
Sec.
18.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
shall
do
5
all
of
the
following:
6
1.
Modify
the
title
of
chapter
453A
to
read
“Cigarettes
and
7
Tobacco
Taxes
and
Regulation”.
8
2.
Modify
the
subheading
of
subchapter
I
of
chapter
453A
to
9
read
“Cigarettes
and
Tobacco
Products”.
10
3.
Modify
the
subheading
of
subchapter
II
of
chapter
453A
to
11
read
“Cigars,
Tobacco,
and
Tobacco
Products”.
12
4.
Modify
the
heading
of
section
805.8C,
subsection
3,
to
13
read
“Violations
related
to
smoking,
tobacco,
tobacco
products,
14
and
cigarettes”.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
redefines
alternative
nicotine
and
vapor
products
19
as
tobacco
products,
thereby
making
applicable
to
alternative
20
nicotine
and
vapor
products
all
provisions
applicable
to
21
tobacco
products
including
taxation
of
such
products.
The
bill
22
makes
conforming
changes
throughout
the
Code
to
redefine
these
23
products.
24
-10-
LSB
6088YH
(5)
88
pf/jh
10/
10
