Iowa HF 2134: A bill for an act relating to tobacco, tobacco products, alternative nicotine products, vapor products, and cigarettes, including the regulation and taxation of such products, providing penalties, and including effective date provisions.

Bill Text

House File 2134 - Introduced
HOUSE FILE 2134
BY WINCKLER, WOLFE, and
MOMMSEN
A BILL FOR
An Act relating to tobacco, tobacco products, alternative1
nicotine products, vapor products, and cigarettes, including2
the regulation and taxation of such products, providing3
penalties, and including effective date provisions.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:5
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H.F. 2134
DIVISION I1
LEGAL AGE RELATING TO TOBACCO, TOBACCO PRODUCTS, ALTERNATIVE2
NICOTINE PRODUCTS, CIGARETTES, AND VAPING PRODUCTS3
Section 1. Section 321.216C, Code 2020, is amended to read4
as follows:5
321.216C Use of driver’s license or nonoperator’s6
identification card by underage person to obtain tobacco, tobacco7
products, alternative nicotine products, vapor products, or8
cigarettes.9
A person who is under the legal age of eighteen as defined in10
section 453A.1, who alters or displays or has in the person’s11
possession a fictitious or fraudulently altered driver’s12
license or nonoperator’s identification card and who uses13
the license or card to violate or attempt to violate section14
453A.2, subsection 2, commits a simple misdemeanor punishable15
as a scheduled violation under section 805.8A, subsection16
4. The court shall forward a copy of the conviction to the17
department.18
Sec. 2. Section 453A.1, Code 2020, is amended by adding the19
following new subsection:20
NEW SUBSECTION. 16A. “Legal age” means twenty-one years of21
age or older.22
Sec. 3. Section 453A.2, subsections 1, 2, and 3, Code 2020,23
are amended to read as follows:24
1. A person shall not sell, give, or otherwise supply any25
tobacco, tobacco products, alternative nicotine products, vapor26
products, or cigarettes to any person under eighteen years who27
is not of legal age.28
2. A person under eighteen years of legal age shall not29
smoke, use, possess, purchase, or attempt to purchase any30
tobacco, tobacco products, alternative nicotine products, vapor31
products, or cigarettes.32
3. Possession of tobacco, tobacco products, alternative33
nicotine products, vapor products, or cigarettes by an34
individual under eighteen years of legal age does not35
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H.F. 2134
constitute a violation under this section if the individual1
under eighteen years of legal age possesses the tobacco,2
tobacco products, alternative nicotine products, vapor3
products, or cigarettes as part of the individual’s employment4
and the individual is employed by a person who holds a valid5
permit under this chapter or who lawfully offers for sale or6
sells cigarettes or tobacco products.7
Sec. 4. Section 453A.2, subsection 8, paragraph a,8
subparagraph (2), Code 2020, is amended to read as follows:9
(2) The compliance effort is conducted with the advance10
knowledge of law enforcement officers and reasonable measures11
are adopted by those conducting the effort to ensure that use12
of tobacco, tobacco products, alternative nicotine products,13
vapor products, or cigarettes by individuals under eighteen14
years of legal age does not result from participation by any15
individual under eighteen years of legal age in the compliance16
effort.17
Sec. 5. Section 453A.5, subsection 1, Code 2020, is amended18
to read as follows:19
1. The alcoholic beverages division of the department of20
commerce shall develop a tobacco compliance employee training21
program not to exceed two hours in length for employees and22
prospective employees of retailers, as defined in sections23
453A.1 and 453A.42, to inform the employees about state and24
federal laws and regulations regarding the sale of tobacco,25
tobacco products, alternative nicotine products, vapor26
products, and cigarettes to persons under eighteen years of27
legal age and compliance with and the importance of laws28
regarding the sale of tobacco, tobacco products, alternative29
nicotine products, vapor products, and cigarettes to persons30
under eighteen years of legal age.31
Sec. 6. Section 453A.36, subsection 6, Code 2020, is amended32
to read as follows:33
6. Any sales of tobacco, tobacco products, alternative34
nicotine products, vapor products, or cigarettes made through a35
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H.F. 2134
cigarette vending machine are subject to rules and penalties1
relative to retail sales of tobacco, tobacco products,2
alternative nicotine products, vapor products, and cigarettes3
provided for in this chapter. Cigarettes shall not be sold4
through any cigarette vending machine unless the cigarettes5
have been properly stamped or metered as provided by this6
subchapter, and in case of violation of this provision, the7
permit of the dealer authorizing retail sales of cigarettes8
shall be revoked. Payment of the permit fee as provided9
in section 453A.13 authorizes a cigarette vendor to sell10
tobacco, tobacco products, alternative nicotine products, vapor11
products, and cigarettes through vending machines. However,12
tobacco, tobacco products, alternative nico