Bill Text: IA SF5 | 2017-2018 | 87th General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-05-12 - NOBA: Graybook [SF5 Detail]

Download: Iowa-2017-SF5-Introduced.html

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Senate File 5 - Introduced




                                 SENATE FILE       
                                 BY  QUIRMBACH

                                      A BILL FOR

  1 An Act raising the legal age relating to tobacco, tobacco
  2    products, alternative nicotine products, vapor products, and
  3    cigarettes, and including effective date and applicability
  4    provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 453A.2, subsections 1, 2, and 3, Code
  1  2 2017, 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 2017, 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 2017, 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 2017, 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 2017, 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  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.  EFFECTIVE DATE.  This Act takes effect January 1,
  3 20 2018.
  3 21    Sec. 7.  APPLICABILITY.  This Act shall not apply to any
  3 22 person who is eighteen years of age or older before January
  3 23 1, 2018, and at such time could lawfully smoke, use, possess,
  3 24 purchase, or attempt to purchase tobacco, tobacco products,
  3 25 alternative nicotine products, vapor products, or cigarettes.
  3 26                           EXPLANATION
  3 27 The inclusion of this explanation does not constitute agreement with
  3 28 the explanation's substance by the members of the general assembly.
  3 29    This bill provides that, beginning January 1, 2018, the
  3 30 legal age relative to tobacco, tobacco products, alternative
  3 31 nicotine products, vapor products, and cigarettes is 21 years
  3 32 of age. The bill provides that a person shall not sell, give,
  3 33 or otherwise supply any tobacco, tobacco products, alternative
  3 34 nicotine products, vapor products, or cigarettes to any person
  3 35 under 21 years of age; that a person under 21 years of age shall
  4  1 not smoke, use, possess, purchase, or attempt to purchase any
  4  2 tobacco, tobacco products, alternative nicotine products, vapor
  4  3 products, or cigarettes. The bill makes conforming changes
  4  4 in the Code for exceptions to possession of tobacco, tobacco
  4  5 products, alternative nicotine products, vapor products, or
  4  6 cigarettes by an individual under 21 years of age if the
  4  7 individual possesses the product as part of the individual's
  4  8 employment and if the individual is involved in a compliance
  4  9 effort. The bill also provides that relative to vending
  4 10 machines, tobacco, tobacco products, alternative nicotine
  4 11 products, vapor products, and cigarettes shall not be sold
  4 12 through a vending machine unless the vending machine is located
  4 13 in a place where the retailer ensures that no person younger
  4 14 than 21 years of age is present or permitted to enter at any
  4 15 time.  The bill also provides that for the purposes of giving
  4 16 away these products or providing samples, the recipient must be
  4 17 21 years of age or older.
  4 18    The bill is not applicable to any person who is 18 years of
  4 19 age or older before January 1, 2018, and at such time could
  4 20 lawfully smoke, use, posses, purchase, or attempt to purchase
  4 21 tobacco, tobacco products, alternative nicotine products, vapor
  4 22 products, or cigarettes.
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