Nevada 2019 Regular Session Status: Enacted

SB 263 — Revises provisions relating to the regulation and taxation of certain vapor products, alternative nicotine products and tobacco products. (BDR 32-700)

Last action — Chapter 562.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 12, 2019. Enacted.

Prognosis

Advancing 56% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    4 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

AN ACT relating to public health; requiring that certain vapor products and alternative nicotine products be taxed and regulated as other tobacco products; revising provisions related to the areas in which smoking is prohibited; revising provisions pertaining to the sale or distribution of cigarettes, cigarette paper, tobacco, products made or derived from tobacco, vapor products and alternative nicotine products to persons under the age of 18 years; providing penalties; making appropriations; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

675 added · 700 removed

675 line(s) added, 700 removed.

→
Previous
Latest
REQUIRES TWO-THIRDS MAJORITY VOTE (§ 1.7) EXEMPT (Reprinted with amendments adopted on May 30, 2019) SECOND REPRINT S.B.
Senate Bill No.
263 SENATE BILL N O.
263–Senators Ratti, Seevers Gansert, Dondero Loop and Parks CHAPTER..........
263–SENATORS R ATTI, G ANSERT , DONDERO LOOP AND P ARKS M ARCH 12, 2019 ____________ Referred to Committee on Revenue and Economic Development SUMMARY—Revises provisions relating to the regulation and taxation of certain vapor products, alternative nicotine products and tobacco products.
(BDR 32-700) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(Chapter 370 of NRS) Sections 1.7 and 2 of this bill provide that certain alternative nicotine products and vapor products, similar products or devices and their components, are regulated and taxed as other tobacco products.
(Chapter 370 of NRS) Sections 1.7 and 2 of this bill provide that certain alternative nicotine products and vapor products, including electronic cigarettes, cigars, cigarillos, pipes, hookahs, vape pens and similar products or devices and their components, are regulated and taxed as other tobacco products.
Because this bill regulates and taxes such vapor products as other tobacco products, wholesale and retail dealers of those vapor products would be required to obtain a license from the Department and wholesale dealers of those vapor products would be required to pay a tax of 30 percent of the wholesale price of those products.
Because this bill regulates and taxes such vapor products as other tobacco products, wholesale and retail dealers of those vapor products would be vapor products would be required to pay a tax of 30 percent of the wholesale price of those products.
(NRS 370.445, 370.450) approved by the voters at the 2006 General Election.
(NRS 370.445, 370.450) The Nevada Clean Indoor Air Act was proposed by an initiative petition and approved by the voters at the 2006 General Election.
The Act generally prohibits smoking tobacco within indoor places of employment, within school buildings and - *SB263_R2* – 2 – on school property, but allows smoking tobacco in certain areas or establishments.
The Act generally prohibits smoking tobacco within indoor places of employment, within school buildings and on school property, but allows smoking tobacco in certain areas or establishments.
Existing law prohibits a person from selling, distributing or offering to sell cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products or alternative nicotine products to any person under the age of 18 years.
cigarettes, cigarette paper, tobacco of any description, products made or derivedl from tobacco, vapor products or alternative nicotine products to any person under the age of 18 years.
(NRS 202.2493) For the purposes of this prohibition, existing produce a vapor from nicotine in a solution or other form.
(NRS 202.2493) For the purposes of this prohibition, existing law defines “vapor products” to include only products containing nicotine that produce a vapor from nicotine in a solution or other form.
Under existing law, a person who sells, distributes or offers to sell cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products or alternative nicotine products to a person under the age of 18 years is punished by a criminal fine of not more than $500 and a civil penalty of not more than $500.
cigarette paper, tobacco of any description, products made or derived from tobacco,s, vapor products or alternative nicotine products to a person under the age of 18 years is punished by a criminal fine of not more than $500 and a civil penalty of not more than $500.
(1) remove the criminal penalties for violating this prohibition and, instead, authorize the sell cigarettes, cigarette paper, tobacco of any description, products made orers to derived from tobacco, vapor products and alternative nicotine products to a person under the age of 18 years;
(1) remove the criminal penalties for violating this prohibition and, instead, authorize the Department to impose a civil penalty on a person who sells, distributes or offers to sell cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products and alternative nicotine products to a person under the age of 18 years;
(3) authorize the imposition of penalties on a licensee whose employee or agent violates this prohibition;
(3) - 80th Session (2019) – 2 – authorize the imposition of penalties on a licensee whose employee or agent violates this prohibition;
and (4) establishes the procedure for the issuance of a notice of infraction to a person who violates this prohibition and the requesting of a hearing before the Department.
and (4) establish the procedure for the issuance of a notice of infraction to a person who violates this prohibition and the requesting of a changes related to the removal of criminal penalties and the authorization for the Department to impose civil penalties.
Sections 1.3, 7.4 and 7.9 make conforming changes related to the removal of criminal penalties and the authorization for the Department to impose civil penalties.
Existing law prohibits a person from knowingly selling or distributing cigarettes, cigarette paper, tobacco of any description or products made or derived from tobacco to a child under the age of 18 years through the use of the Internet.
cigarettes, cigarette paper, tobacco of any description or products made or derived from tobacco to a child under the age of 18 years through the use of the Internet.
Existing law further requires a person who sells or distributes such products through the use of the Internet to adopt a policy to prevent a child under the age of Internet, which policy is required to include:
Existing law further requires a person who sells or distributes such products through the use of the Internet to adopt a policy to prevent a child under the age of 18 years from obtaining such products from the person through the use of the Internet, which policy is required to include:
(1) a method to ensure that the person who delivers the products to obtain the signature of a person who is over the age of years;
(1) a method to ensure that the person who delivers the products to obtain the signature of a person who is over the age of 18 years;
(2) a requirement that the packaging or wrapping of the items when they are shipped is clearly marked with the words “cigarettes” or the words “tobacco products;” and (3) a requirement to comply with certain federal law relating to the remote sale of cigarettes and certain tobacco products.
(2) a requirement that the packaging or wrapping of the items when they are shipped is clearly marked with the words “cigarettes” or the words “tobacco remote sale of cigarettes and certain tobacco products.
(NRS 202.24935) Section 7.7 of this bill removes the requirement for such a policy.
(NRS 202.24935) Section the 7.7 of this bill removes the requirement for such a policy.
Instead, section 7.7 description, products made or derived from tobacco, vapor products or alternativef any nicotine products through a computer network, telephonic network or other electronic network to:
Instead, section 7.7 requires a person who sells or distributes cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products or alternative nicotine products through a computer network, telephonic network or other electronic network to:
- *SB263_R2* – 3 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(a) Demands that the other person present a valid driver’s license, permanent resident card, tribal identification card or other written or documentary evidence which shows that the other person is 18 years of age or older;
(a) Demands that the other person present a valid driver’s license, permanent resident card, tribal identification card or other - 80th Session (2019) – 3 – written or documentary evidence which shows that the other person is 18 years of age or older;
3.
for the purpose of allowing the child to handle or transportmay, cigarettes, cigarette paper or other tobacco products, in the course of the child’s lawful employment, provide cigarettes, cigarette paper or other tobacco products to the child.
The employer of a child who is under 18 years of age may, for the purpose of allowing the child to handle or transport cigarettes, cigarette paper or other tobacco products, in the course of the child’s lawful employment, provide cigarettes, cigarette paper or other tobacco products to the child.
- *SB263_R2* – 4 – (d) For the fifth and any subsequent violation within a 24- month period at the same premises, the licensee is liable for a civil penalty of $2,500.
(d) For the fifth and any subsequent violation within a 24- penalty of $2,500.e same premises, the licensee is liable for a civil 6.
6.
(f) Information advising the person to whom the notice of infraction is issued of the manner in which, and the time within which, the person must submit an answer to the notice of infraction;
- 80th Session (2019) – 4 – (f) Information advising the person to whom the notice of infraction is issued of the manner in which, and the time within which, the person must submit an answer to the notice of infraction;
to subsection 6 shall respond to the notice by:s issued pursuant (a) Admitting the violation stated in the notice and paying to the Department the applicable civil penalty set forth in subsection 4 or 5.
8.
A person to whom a notice of infraction is issued pursuant to subsection 6 shall respond to the notice by:
(a) Admitting the violation stated in the notice and paying to the Department the applicable civil penalty set forth in subsection or 5.
- *SB263_R2* – 5 – Sec.
370.0013.
Show all 157 changed rows (117 more)
Previous
Latest
1.3.
As used in NRS 370.001 to 370.430, inclusive, and 370.505 to 370.530, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 370.003 to 370.055, inclusive, have the meanings ascribed to them in those sections.
NRS 370.001 is hereby amended to read as follows:
370.001 As used in NRS 370.001 to 370.430, inclusive, and 370.505 to 370.530, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 370.003 to 370.055, inclusive, have the meanings ascribed to them in those sections.
1.
- 80th Session (2019) – 5 – 1.
and (b) [A] The components of such a product or device, whether [cartridge] cartridges or other container of nicotine or any other substance in a solution or other form that is intended to be used hookah, or vape pen, or a similar product or device [.] , atomizers, cartomizers, digital displays, clearomizers, tank systems, flavors, programmable software or other similar products or devices.
and or not sold separately, including, without limitation, vaporer [cartridge] cartridges or other container of nicotine or any other substance in a solution or other form that is intended to be used with or in an electronic cigarette, cigar, cigarillo , [or] pipe , hookah, or vape pen, or a similar product or device [.] , atomizers, cartomizers, digital displays, clearomizers, tank systems, flavors, programmable software or other similar products or devices.
(c) Purchased by a person who holds a current, valid registration certificate to operate a medical marijuana establishment pursuant to chapter 453A of NRS.
(c) Purchased by a person who holds a current, valid registration certificate to operate a medical marijuana estSecs.
- *SB263_R2* – 6 – Sec.
3-7.
3.
(Deleted by amendment.)A of NRS.
(Deleted by amendment.) Sec.
Sec.
4.
(Deleted by amendment.) Sec.
5.
(Deleted by amendment.) Sec.
6.
(Deleted by amendment.) Sec.
7.
(Deleted by amendment.) Sec.
2.
- 80th Session (2019) – 6 – 2.
(b) Completely enclosed areas with stand-alone bars, taverns and saloons in which patrons under 21 years of age are prohibited fro(c) Age-restricted stand-alone bars, taverns and saloons;
(b) Completely enclosed areas with stand-alone bars, taverns and saloons in which patrons under 21 years of age are prohibited from entering;
(d) Strip clubs or brothels;
(c) Age-restricted stand-alone bars, taverns and saloons;
(e) Retail tobacco stores;s;
- *SB263_R2* – 7 – 5.
5.
If a supervisor on duty or employee of an age-restricted stand-alone bar, tavern or saloon or a stand-alone bar, tavern or saloon violates the provisions of subsection 4, the age-restricted stand-alone bar, tavern or saloon or stand-alone bar, tavern or saloon is liable for a civil penalty of:
If a supervisor on duty or employee of an age-restricted saloon violates the provisions of subsection 4, the age-restricted stand-alone bar, tavern or saloon or stand-alone bar, tavern or saloon is liable for a civil penalty of:
In areas or establishments where smoking is not prohibited by this section, nothing in state law shall be construed to prohibit the owners of said establishments from voluntarily creating nonsmoking sections or designating the entire establishment as smoke free.
In areas or establishments where smoking is not prohibited by this section, nothing in state law shall be construed to prohibit - 80th Session (2019) – 7 – the owners of said establishments from voluntarily creating nonsmoking sections or designating the entire establishment as smoke free.
“No Smoking” signs or the international “No Smoking” place and place of employment where smoking is prohibited by this section.
“No Smoking” signs or the international “No Smoking” symbol shall be clearly and conspicuously posted in every public section.
Each public place and place of employment where smoking stating that smoking is prohibited.
Each public place and place of employment where smokings is prohibited shall post, at every entrance, a conspicuous sign clearly stating that smoking is prohibited.
All ashtrays and other smokingearly paraphernalia shall be removed from any area where smoking is prohibited.
All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited.
- *SB263_R2* – 8 – (2) In which food service or sales may or may not be incidental food service or sales, in the discretion of the operator of the establishment;
(2) In which food service or sales may or may not be the establishment;rvice or sales, in the discretion of the operator of (3) In which patrons under 21 years of age are prohibited at all times from entering the premises;
(3) In which patrons under 21 years of age are prohibited at all times from entering the premises;
(b) “Casino” means an entity that contains a building or large room devoted to gambling games or wagering on a variety of events.
- 80th Session (2019) – 8 – (b) “Casino” means an entity that contains a building or large room devoted to gambling games or wagering on a variety of events.
Education and used for any purpose related to the System;
(1) Any component of the Nevada System of Higher Education and used for any purpose related to the System;
(i) “Public places” means any enclosed areas to which the public is invited or in which the public is permitted.
is invited or in which the public is permitted.
- *SB263_R2* – 9 – (j) “Restaurant” means a business which gives or offers for sale food, with or without alcoholic beverages, to the public, guests or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere.
to which the public (j) “Restaurant” means a business which gives or offers for sale food, with or without alcoholic beverages, to the public, guests or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere.
(m) “School property” means the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.
- 80th Session (2019) – 9 – (m) “School property” means the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.
As used in this paragraph, “electronic smoking device”:
As used in this p(1) Means any product containing or delivering nicotine, a product made or derived from tobacco or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor or aerosol from the product.
(1) Means any product containing or delivering nicotine, a product made or derived from tobacco or any other substance intended for human consumption that can be used by a person to substance through inhalation of vapor or aerosol from the product.
(2) Includes any component part of a product described in subparagraph (1), regardless of whether the component part is sold separately.
subparagraph (1), regardless of whether the component part isin sold separately.
(3) In which smoke from such establishments does not infiltrate into areas where smoking is prohibited under the provisions of this section;
infiltrate into areas where smoking is prohibited under the provisions of this section;
(I) A physically independent building that does not share a common entryway or indoor area with a restaurant, public place or - *SB263_R2* – 10 – any other indoor workplaces where smoking is prohibited by this section;
(I) A physically independent building that does not share a common entryway or indoor area with a restaurant, public place or any other indoor workplaces where smoking is prohibited by this section;
13.
- 80th Session (2019) – 10 – 13.
202.2485 As used in NRS 202.2485 to 202.2497, inclusive:
1.2.2“Alternative nicotine product” means any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved or ingested by any other means.
1.
“Alternative nicotine product” means any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved or ingested by any other means.
(c) Any product regulated by the United States Food and Drug Administration under Subchapter V of the Federal Food, Drug, and Cos2.tic“Distribute” includes furnishing, giving away or providing products made or derived from tobacco or samples thereof at no cost to promote the product, whether or not in combination with a sale.
(b) A product made or derived from tobacco;
or (c) Any product regulated by the United States Food and Drug Administration under Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.
§§ 351 et seq.
2.
“Distribute” includes furnishing, giving away or providing products made or derived from tobacco or samples thereof at no cost to promote the product, whether or not in combination with a sale.
5.
“Vapor product”:
- *SB263_R2* – 11 – (1) An electronic cigarette, cigar, cigarillo , [or] pipe , hookah or vape pen or a similar product or device;
(1) An electronic cigarette, cigar, cigarillo , [or] pipe , hookah or vape pen or a similar product or device;
and (2) [A] The components of such a product or device, whether or not sold separately, including, without limitation, vapor [cartridge] cartridges or other container of nicotine or any other substance in a solution or other form that is intended to be used with or in an electronic cigarette, cigar, cigarillo , [or] pipe , hookah, or vape pen, or a similar product or device [.] , atomizers, cartomizers, digital displays, clearomizers, tank systems, flavors, programmable software or other similar products or devices.
and (2) [A] The components of such a product or device, whether or not sold separately, including, without limitation, vapor [cartridge] cartridges or other container of nicotine or any other substance in a solution or other form that is intended to be used - 80th Session (2019) – 11 – with or in an electronic cigarette, cigar, cigarillo , [or] pipe , hookah, or vape pen, or a similar product or device [.] , atomizers, cartomizers, digital displays, clearomizers, tank systems, flavors, programmable software or other similar products or devices.
(c) Does not include any product regulated by the United States Food and Drug Administration pursuant to Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.
(c) Does not include any product regulated by the United States Federal Food, Drug, and Cosmetic Act, 21 U.S.C.
The quality of air is declared to be affected with the public the exercise of the police power of this state to protect the health, peace, safety and general welfare of its people.
The quality of air is declared to be affected with the public interest and NRS 202.2491, 202.24915 and 202.2492 are enacted in the exercise of the police power of this state to protect the health, peace, safety and general welfare of its people.
and their deputies and other peace officers of this state shall, withins their respective jurisdictions, enforce the provisions of NRS 202.2491, 202.24915 and 202.2492.
3.
Health authorities, police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2491, 202.24915 and 202.2492.
Except as otherwise provided in subsection 5, an agency, board, commission or political subdivision of this state, including, without limitation, any agency, board, commission or governing body of a local government, shall not impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display or promotion of tobacco or products made or derived from tobacco than are provided by NRS 202.2491, 202.24915, 202.2492, 202.2493, 202.24935 and 202.2494 [.] and section 1 of this act.
Except as otherwise provided in subsection 5, an agency, without limitation, any agency, board, commission or governinguding, body of a local government, shall not impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display or promotion of tobacco or products made or derived from tobacco than are provided by NRS 202.2491, 202.24915, 202.2492, 202.2493, 202.24935 and 202.2494 [.] and section 1 of this act.
A school district may, with respect to the property, buildings, facilities and vehicles of the school district, impose more stringent restrictions on the smoking, use, sale, distribution, - *SB263_R2* – 12 – marketing, display or promotion of tobacco or products made or derived from tobacco than are provided by NRS 202.2491, 202.24915, 202.2492, 202.2493, 202.24935 and 202.2494 [.] and section 1 of this act.
A school district may, with respect to the property, buildings, facilities and vehicles of the school district, impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display or promotion of tobacco or products made or derived from tobacco than are provided by NRS 202.2491, 202.24915, 202.2492, 202.2493, 202.24935 and 202.2494 [.] and section 1 of this act.
Sec.
- 80th Session (2019) – 12 – Sec.
As used in this subsection, “smokeless product made or derived from tobacco” means any product that consists of cut, ground, powdered or leaf tobacco and is intended to be placed in the oral or nasal cavity.
As used in this subsection, “smokeless product made or derived from tobacco” means any product that be placed in the oral or nasal cavity.eaf tobacco and is intended to 2.
2.
A person shall be deemed to be in compliance with the offers to sell to another, cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products or (a) Demands that the other person present a valid driver’s license, permanent resident card, tribal identification card or other written or documentary evidence which shows that the other person is 18 years of age or older;
A person shall be deemed to be in compliance with the provisions of subsection 2 if, before the person sells, distributes or offers to sell to another, cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products or alternative nicotine products, the person:
(b) Is presented a valid driver’s license, permanent resident card, tribal identification card or other written or documentary evidence which shows that the other person is 18 years of age or older;
(a) Demands that the other person present a valid driver’s license, permanent resident card, tribal identification card or other written or documentary evidence which shows that the other person is 18 years of age or older;
and (c) Reasonably relies upon the driver’s license, permanent resident card, tribal identification card or written or documentary evidence presented by the other person.
(b) Is presented a valid driver’s license, permanent resident card, tribal identification card or other written or documentary evidence whi(c) Reasonably relies upon the driver’s license, permanent;
and resident card, tribal identification card or written or documentary evidence presented by the other person.
- *SB263_R2* – 13 – 5.
5.
and (b) Establishes and carries out a continuing program of training for employees which is reasonably designed to prevent violations of subsection 2.
and - 80th Session (2019) – 13 – (b) Establishes and carries out a continuing program of training for employees which is reasonably designed to prevent violations of subsection 2.
(1) The sale of cigarettes, other tobacco products, vapor products and alternative nicotine products to minors is prohibited by law;
(1) The sale of cigarettes, other tobacco products, vapor law;
and (2) The retailer may ask for proof of age to comply with this prohibition;
and and alternative nicotine products to minors is prohibited by (2) The retailer may ask for proof of age to comply with this prohibition;
customers are allowed access;
(a) Which contains cigarettes and is located in any area to which customers are allowed access;
andand is located in any area to which (b) From which cigarettes are readily accessible to a customer except a vending machine used in compliance with NRS 202.2494.
and (b) From which cigarettes are readily accessible to a customer without the assistance of the retailer, except a vending machine used in compliance with NRS 202.2494.
Any money recovered pursuant to this section as a civil penalty must be deposited in a separate account in the State General Fund to be used for the enforcement of this section and NRS 202.2494.] Sec.
Any money recovered pursuant to this section as a civil penalty must be deposited in a separate account in the State General Fund to be used for the enforcement of this section and NRSSec.
Any money recovered pursuant to this section - *SB263_R2* – 14 – as a civil penalty must be deposited in the same manner as money is deposited pursuant to subsection [8] 9 of [NRS 202.2493.] section 1 of this act.
Any money recovered pursuant to this section as a civil penalty must be deposited in the same manner as money is - 80th Session (2019) – 14 – deposited pursuant to subsection [8] 9 of [NRS 202.2493.] section 1 of this act.
Every person who sells or distributes cigarettes, cigarette paper, tobacco of any description , [or] products made or derived from tobacco, vapor products or alternative nicotine products through the use of [the Internet] a computer network, telephonic network or electronic network shall [adopt a policy to prevent a child under the age of 18 years from obtaining cigarettes, cigarette paper, tobacco of any description or products made or derived from tobacco from the person through the use of the Internet.
Every person who sells or distributes cigarettes, cigarette paper, tobacco of any description , [or] products made or derived from tobacco, vapor products or alternative nicotine products through the use of [the Internet] a computer network, telephonic network or electronic network shall [adopt a policy to prevent a child under the age of 18 years from obtaining cigarettes, cigarette paper, tobacco of any description or products made or derived from must include, without limitation, a method for ensuring] :he policy (a) Ensure that [the person who delivers such items obtains the signature of a person who is over the age of 18 years when delivering the items, that] the packaging or wrapping of the items when they are shipped is clearly marked with the word “cigarettes” or , if the items being shipped are not cigarettes, the words “tobacco products .” [,” and that the person complies with the provisions of 15 U.S.C.
The policy must include, without limitation, a method for ensuring] :
(a) Ensure that [the person who delivers such items obtains the signature of a person who is over the age of 18 years when delivering the items, that] the packaging or wrapping of the items when they are shipped is clearly marked with the word “cigarettes” or , if the item being shipped are not cigarettes, the words “tobacco products .” [,” and that the person complies with the provisions of 15 U.S.C.
A person who fails to adopt a policy pursuant to this subsection is guilty of a misdemeanor and shall be punished by a fine of not more than $500.] (b) Perform an age verification through an independent, third- party age verification service that compares information available person during the ordering process that establishes that the person is over the age of 18 years and use a method of mail, shipping or years before the items are released to the purchaser, unless the 18 person:
A person who fails to adopt a policy pursuant to this subsection is guilty of a misdemeanor and shall be punished by a fine of not more than $500.] (b) Perform an age verification through an independent, third- party age verification service that compares information available from public records to the personal information entered by the person during the ordering process that establishes that the person is over the age of 18 years and use a method of mail, shipping or delivery that requires the signature of a person over the age of 18 years before the items are released to the purchaser, unless the person:
(I) Create an online profile or account with personal information, including, without limitation, a name, address, social security number and a valid phone number, that is verified through publicly available records;
information, including, without limitation, a name, address, social security number and a valid phone number, that is verified through publicly available records;
As necessary to comply with any applicable federal law, the Attorney General shall conduct random, unannounced inspections at locations where tobacco, products made or derived from tobacco, vapor products and alternative nicotine products are sold, distributed or offered for sale to inspect for and enforce compliance with NRS 202.2493 and 202.2494 [,] and - *SB263_R2* – 15 – section 1 of this act, as applicable.
As necessary to comply with any applicable federal law, the Attorney General shall conduct random, unannounced inspections at locations where tobacco, products made or derived from tobacco, vapor products and alternative nicotine products are sold, distributed or offered for sale to inspect for and - 80th Session (2019) – 15 – enforce compliance with NRS 202.2493 and 202.2494 [,] and section 1 of this act, as applicable.
If the inspector desires to enlist the assistance of a child under the age of 18 for such an inspection, the inspector shall obtain the written consent of the child’s parent for such assistance.
If the inspector desires to enlist the assistance of a child under the age of 18 for such an inspection, the inspector shall obtain the3.ritA child assisting in an inspection pursuant to this section shall, if questioned about his or her age, state his or her true age and that he or she is under 18 years of age.
3.
A child assisting in an inspection pursuant to this section shall, if questioned about his or her age, state his or her true age and that he or she is under 18 years of age.
(a) Inform a representative of the business establishment from derived from tobacco, vapor products or alternative nicotine or products that an inspection has been performed and the results of tha(b) Prepare a report regarding the inspection.
(a) Inform a representative of the business establishment from which the child attempted to purchase tobacco, products made or derived from tobacco, vapor products or alternative nicotine products that an inspection has been performed and the results of that inspection.
The report must include the following information:
(b) Prepare a report regarding the inspection.
(1) The name of the person who supervised the inspection and that person’s position;
The report must include(1) The name of the person who supervised the inspection and that person’s position;
and (6) The result of the inspection, including whether the inspection resulted in the sale, distribution or offering for sale of tobacco, products made or derived from tobacco, vapor products or alternative nicotine products to the child.
and (6) The result of the inspection, including whether the inspection resulted in the sale, distribution or offering for sale of - 80th Session (2019) – 16 – tobacco, products made or derived from tobacco, vapor products or alternative nicotine products to the child.
- *SB263_R2* – 16 – 6.
6.
Sec.
Secs.
8.
8-14.
(Deleted by amendment.) Sec.
(Deleted by amendment.) General Fund to the Department of Health and Human Services for programs to control and prevent the use of tobacco the following sums:
9.
(Deleted by amendment.) Sec.
10.
(Deleted by amendment.) Sec.
11.
(Deleted by amendment.) Sec.
12.
(Deleted by amendment.) Sec.
13.
(Deleted by amendment.) Sec.
14.
(Deleted by amendment.) Sec.
14.5.
1.
There is hereby appropriated from the State General Fund to the Department of Health and Human Services for programs to control and prevent the use of tobacco the following sums:
Any remaining balance of the appropriation money added from the previous fiscal year, must not be committedch for expenditure after June 30, 2021, by the entity to which the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.
Any remaining balance of the appropriation made by subsection 1 for Fiscal Year 2020-2021, including any such money added from the previous fiscal year, must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.
Sec.
General Fund to the Department of Taxation to carry out the duties imposed on the Department pursuant to the provisions of this act the following sums:
14.7.
1.
There is hereby appropriated from the State General Fund to the Department of Taxation to carry out the duties imposed on the Department pursuant to the provisions of this act the following sums:
Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated - *SB263_R2* – 17 – money remaining must not be spent for any purpose after September 18, 2020, and September 17, 2021, respectively, by either the entity to which the appropriation is made or the entity to which the money was subsequently granted or transferred, and must 2020, and September 17, 2021, respectively.
Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2020, and September 17, 2021, respectively, by - 80th Session (2019) – 17 – either the entity to which the appropriation is made or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, respectively.
before September 18, Sec.
become effective on July 1, 2019.ections 14.5 and 14.7 of this act 2.
15.
1.
This section and sections 14.5 and 14.7 of this act become effective on July 1, 2019.
2.
H - *SB263_R2*
~~~~~ 19 - 80th Session (2019)
⬇ Download PDF
View plain text versions (4)

Amendments

2 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Chapter 562.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly. In Assembly. Read first time. Referred to Committee on Taxation. To committee. From committee: Do pass. Declared an emergency measure under the Constitution. Read third time. Passed. Title approved. (Yeas: 30, Nays: 11, Vacant: 1.) To Senate. In Senate. To enrollment.

  5. From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 1036.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 16, Nays: 3, Excused: 1, Not voting: 1.) To printer.

  6. From printer. To engrossment. Engrossed. First reprint. To committee.

  7. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 1017.) Re-referred to Committee on Finance. To printer.

  8. From committee: Re-refer to Committee on Revenue and Economic Development. Re-referred to Committee on Revenue and Economic Development. To committee.

  9. From committee: Re-refer to Committee on Finance. Re-referred to Committee on Finance. To committee. Exemption effective.

  10. Notice of eligibility for exemption.

  11. From printer. To committee.

  12. Read first time. Referred to Committee on Revenue and Economic Development. To printer.

Sponsors

  • Senator Heidi Seevers Gansert · Primary
  • Senator Marilyn Dondero Loop · Primary
  • Senator David Parks · Primary
  • Julia Ratti · Primary

Sponsorship breakdown

Export CSV (upgrade) →

4 sponsors · 0 co-sponsors · 63 not signed on

Sponsors (4)

  • Senator Heidi Seevers Gansert
  • Senator Marilyn Dondero Loop
  • Senator David Parks
  • Julia Ratti

Co-sponsors (0)

None.

Not signed on (63)

63 members have not signed on to this bill.

Show all 63 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

taxation healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 263 do?
AN ACT relating to public health; requiring that certain vapor products and alternative nicotine products be taxed and regulated as other tobacco products; revising provisions related to the areas in which smoking is prohibited; revising provisions pertaining to the sale or distribution of cigarettes, cigarette paper, tobacco, products made or derived from tobacco, vapor products and alternative nicotine products to persons under the age of 18 years; providing penalties; making appropriations; and providing other matters properly relating thereto.
Who sponsors SB 263?
SB 263 is sponsored by Senator Heidi Seevers Gansert, Senator Marilyn Dondero Loop, Senator David Parks, and Julia Ratti.
What is the current status of SB 263?
This bill has been enacted into law. Introduced March 12, 2019. Enacted.
Where can I track SB 263?
Track SB 263 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 263

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 263

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →