Bill Text: IA SF2097 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the legal age relating to the purchase, possession, or use of tobacco, tobacco products, alternative nicotine products, vapor products, and cigarettes, and including effective date and applicability provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-25 - Subcommittee: Chapman, Feenstra, and Petersen. S.J. 166. [SF2097 Detail]

Download: Iowa-2017-SF2097-Introduced.html

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Senate File 2097 - Introduced




                                 SENATE FILE       
                                 BY  FEENSTRA

                                      A BILL FOR

  1 An Act relating to the legal age relating to the purchase,
  2    possession, or use of tobacco, tobacco products, alternative
  3    nicotine products, vapor products, and cigarettes, and
  4    including effective date and applicability provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5054XS (3) 87
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PAG LIN



  1  1    Section 1.  Section 453A.2, subsections 1, 2, and 3, Code
  1  2 2018, are amended to read as follows:
  1  3    1.  A person shall not sell, give, or otherwise supply any
  1  4 tobacco, tobacco products, alternative nicotine products, vapor
  1  5 products, or cigarettes to any person under eighteen twenty=one
  1  6  years of age.
  1  7    2.  A person under eighteen twenty=one years of age shall
  1  8 not smoke, use, possess, purchase, or attempt to purchase any
  1  9 tobacco, tobacco products, alternative nicotine products, vapor
  1 10 products, or cigarettes.
  1 11    3.  Possession of tobacco, tobacco products, alternative
  1 12 nicotine products, vapor products, or cigarettes by an
  1 13 individual under eighteen twenty=one years of age does not
  1 14 constitute a violation under this section if the individual
  1 15 under eighteen twenty=one years of age possesses the tobacco,
  1 16 tobacco products, alternative nicotine products, vapor
  1 17 products, or cigarettes as part of the individual's employment
  1 18 and the individual is employed by a person who holds a valid
  1 19 permit under this chapter or who lawfully offers for sale or
  1 20 sells cigarettes or tobacco products.
  1 21    Sec. 2.  Section 453A.2, subsection 8, paragraph a,
  1 22 subparagraph (2), Code 2018, is amended to read as follows:
  1 23    (2)  The compliance effort is conducted with the advance
  1 24 knowledge of law enforcement officers and reasonable measures
  1 25 are adopted by those conducting the effort to ensure that use
  1 26 of tobacco, tobacco products, alternative nicotine products,
  1 27 vapor products, or cigarettes by individuals under eighteen
  1 28  twenty=one years of age does not result from participation by
  1 29 any individual under eighteen twenty=one years of age in the
  1 30 compliance effort.
  1 31    Sec. 3.  Section 453A.5, subsection 1, Code 2018, is amended
  1 32 to read as follows:
  1 33    1.  The alcoholic beverages division of the department of
  1 34 commerce shall develop a tobacco compliance employee training
  1 35 program not to exceed two hours in length for employees and
  2  1 prospective employees of retailers, as defined in sections
  2  2 453A.1 and 453A.42, to inform the employees about state and
  2  3 federal laws and regulations regarding the sale of tobacco,
  2  4 tobacco products, alternative nicotine products, vapor
  2  5 products, and cigarettes to persons under eighteen twenty=one
  2  6  years of age and compliance with and the importance of laws
  2  7 regarding the sale of tobacco, tobacco products, alternative
  2  8 nicotine products, vapor products, and cigarettes to persons
  2  9 under eighteen twenty=one years of age.
  2 10    Sec. 4.  Section 453A.36, subsection 6, Code 2018, is amended
  2 11 to read as follows:
  2 12    6.  Any sales of tobacco, tobacco products, alternative
  2 13 nicotine products, vapor products, or cigarettes made through a
  2 14 cigarette vending machine are subject to rules and penalties
  2 15 relative to retail sales of tobacco, tobacco products,
  2 16 alternative nicotine products, vapor products, and cigarettes
  2 17 provided for in this chapter. Cigarettes shall not be sold
  2 18 through any cigarette vending machine unless the cigarettes
  2 19 have been properly stamped or metered as provided by this
  2 20 division, and in case of violation of this provision, the
  2 21 permit of the dealer authorizing retail sales of cigarettes
  2 22 shall be revoked. Payment of the permit fee as provided
  2 23 in section 453A.13 authorizes a cigarette vendor to sell
  2 24 tobacco, tobacco products, alternative nicotine products, vapor
  2 25 products, and cigarettes through vending machines. However,
  2 26 tobacco, tobacco products, alternative nicotine products,
  2 27 vapor products, and cigarettes shall not be sold through a
  2 28 vending machine unless the vending machine is located in a
  2 29 place where the retailer ensures that no person younger than
  2 30 eighteen twenty=one years of age is present or permitted to
  2 31 enter at any time. Tobacco, tobacco products, alternative
  2 32 nicotine products, vapor products, and cigarettes shall not be
  2 33 sold through any cigarette vending machine if such products
  2 34 are placed together with any nontobacco product, other than
  2 35 matches, in the cigarette vending machine. This section does
  3  1 not require a retail permit holder to buy a cigarette vendor's
  3  2 permit if the retail permit holder is in fact the owner of the
  3  3 cigarette vending machines and the machines are operated in the
  3  4 location described in the retail permit.
  3  5    Sec. 5.  Section 453A.39, subsection 2, paragraphs b and c,
  3  6 Code 2018, are amended to read as follows:
  3  7    b.  A manufacturer, distributor, wholesaler, retailer, or
  3  8 distributing agent or agent thereof shall not give away any
  3  9 tobacco, tobacco products, alternative nicotine products, vapor
  3 10 products, or cigarettes to any person under eighteen twenty=one
  3 11  years of age, or within five hundred feet of any playground,
  3 12 school, high school, or other facility when such facility is
  3 13 being used primarily by persons under age eighteen twenty=one
  3 14 years of age for recreational, educational, or other purposes.
  3 15    c.  Proof of age shall be required if a reasonable person
  3 16 could conclude on the basis of outward appearance that a
  3 17 prospective recipient of a sample may be under eighteen
  3 18  twenty=one years of age.
  3 19    Sec. 6.  Section 453A.47B, subsection 1, unnumbered
  3 20 paragraph 1, Code 2018, is amended to read as follows:
  3 21    Prior to sale to the purchaser, the retailer verifies that
  3 22 the purchaser is at least eighteen twenty=one years of age
  3 23 through or by one of the following:
  3 24    Sec. 7.  Section 453A.47B, subsection 2, Code 2018, is
  3 25 amended to read as follows:
  3 26    2.  The retailer uses a method of mailing, shipping, or
  3 27 delivery that requires the signature of a person who is at
  3 28 least eighteen twenty=one years of age before the shipping
  3 29 package is released to the purchaser.
  3 30    Sec. 8.  EFFECTIVE DATE.  This Act takes effect January 1,
  3 31 2019.
  3 32    Sec. 9.  APPLICABILITY.  This Act shall not apply to any
  3 33 person who is eighteen years of age or older before January 1,
  3 34 2019, and who, before that date, could lawfully smoke, use,
  3 35 possess, purchase, or attempt to purchase tobacco, tobacco
  4  1 products, alternative nicotine products, vapor products, or
  4  2 cigarettes.
  4  3                           EXPLANATION
  4  4 The inclusion of this explanation does not constitute agreement with
  4  5 the explanation's substance by the members of the general assembly.
  4  6    This bill provides that, beginning January 1, 2019, the
  4  7 legal age relative to the purchase, possession, or use of
  4  8 tobacco, tobacco products, alternative  nicotine products, vapor
  4  9 products, and cigarettes is 21 years of age. The bill provides
  4 10 that a person shall not sell, give, or otherwise supply any
  4 11 tobacco, tobacco products, alternative  nicotine products, vapor
  4 12 products, or cigarettes to any person  under 21 years of age;
  4 13 and that a person under 21 years of age shall  not smoke, use,
  4 14 possess, purchase, or attempt to purchase any  tobacco, tobacco
  4 15 products, alternative nicotine products, vapor  products, or
  4 16 cigarettes.
  4 17    The bill makes conforming changes in the Code for exceptions
  4 18 to possession of tobacco, tobacco  products, alternative
  4 19 nicotine products, vapor products, or cigarettes by an
  4 20 individual under 21 years of age if the individual possesses
  4 21 the product as part of the individual's employment and if the
  4 22 individual is involved in a compliance effort. The bill also
  4 23 provides that relative to vending machines, tobacco, tobacco
  4 24 products, alternative nicotine products, vapor products, and
  4 25 cigarettes shall not be sold through a vending machine unless
  4 26 the vending machine is located in a place where the retailer
  4 27 ensures that no person younger than 21 years of age is present
  4 28 or permitted to enter at any time. The bill also provides that
  4 29 for the purposes of giving  away these products or providing
  4 30 samples, the recipient must be 21 years of age or older.
  4 31    The bill is not applicable to any person who is 18 years
  4 32 of age or older before January 1, 2019, and who, before that
  4 33 date, could lawfully smoke, use, possess, purchase, or attempt
  4 34 to purchase tobacco, tobacco products, alternative nicotine
  4 35 products, vapor products, or cigarettes.
       LSB 5054XS (3) 87
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