Revises various provisions relating to tobacco. (BDR 15-420)
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AB 59 — Revises various provisions relating to tobacco. (BDR 15-420)
Last action — Approved by the Governor. Chapter 105.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced November 18, 2020. Enacted.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Bill Text
What changed in the latest version
397 added · 471 removedPlain-language change summary
The amendments to Assembly Bill No. 59 raise the minimum legal age for purchasing tobacco products from 18 to 21 years old. Additionally, the bill simplifies the enforcement process by eliminating some penalties related to electronic sales of tobacco, ensuring that sellers must still verify age through third-party services. These changes are important because they aim to reduce youth access to tobacco products and clarify the rules around their sale, making it easier to enforce regulations.
REQUIRESAssembly TWO-THIRDSBill MAJORITYNo. VOTE (§§ 4, 5 + NRS 370.450, 370.567, 370.587) (Reprinted with amendments adopted on April 14, 2021) FIRST REPRINT A.B.
5959–Committee Aon SSEMBLYJudiciary BILLCHAPTER.......... NO .
59–COMMITTEE ON JUDICIARY (O NB EHALF OF THE ATTORNEY GENERAL ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Judiciary SUMMARY—Revises various provisions relating to tobacco.
(BDR 15-420) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
revising certainprovisions definitions relating to tobaccodelivery productssales for the purposes of the regulation and taxation of tobacco products;
Existing law prohibits a person from selling, distributing or offering to sell cigarettes, cigarette paper or other tobacco products to a child under the age of 18 years.
(NRS 202.24935, 370.521) Sections 1, 2 and 8 of this bill prohibit a person18person from selling, distributing or offering to sell cigarettes, cigarette paper or other tobacco products to a person under 21 years of age.
Section 3 of this bill revises the provisions governing the random, unannounced inspection of locations that sell tobacco products to make conforming changes which are necessary because of the increase in the minimum legal sales age for tobacco products.
Section 3 alsoalsohe requires that, to the extent possible, an inspection of each location must be conducted at least once every 3 years.
an inspection of each location must be Section 2 removes the existing penalty for a person who knowingly distributes cigarettes, cigarette paper or other tobacco products to a person under 21 years of age through a telephonic, computer or electronic network, and sections 2 and 6 of this bill instead make distributing cigarettes, cigarette paper or other tobacco products to a person under 21 years of age through a telephonic, computer or electronicelecExisting networklaw punishablerequires bya certainperson administrative,who civilsells orcigarettes, criminalcigarette penalties.paper or otheries.
- *AB59_R1* – 2 – Existing law requires a person who sells cigarettes, cigarette paper or other tobacco products through an electronic network to use an independent, third-party age verification service to establish the age of the customer before sending the items to the customer.
A seller may alternatively require the customer to create an online account which requires the customer to provide certain personal information or a copy of a government-issued identification card.
(NRS 202.24935) Section 2ion2 eliminates the authorization for sellers to require a customer to create an online account,system therebyto requiringestablish sellersthe toage useof ana independent,customer for each sale., third-party age verification systemExisting tolaw establishdefines the ageterm of“delivery asale” customer for eachthe sale.purposes of regulating such sales.
Existing(NRS law370.0285) generallySection defines4 tobacco products to include cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor 5 of this bill reviserevises certainthe definitionsterm relating to include the regulationsale and taxation of tobaccocigarette productspaper toand standardizeother thetobacco terminologyproducts. found throughout NRS.
- 81st Session (2021) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
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.
tobacco and is intended to be placed in the oral or nasal 2.
The owner of a retail establishment shall, whenever any product containing, made or derived from tobacco, vapor product or, [or] alternative nicotine product or product containing, made or derived from nicotine is being sold or offered for sale at the establishment, display prominently at the point of sale:
(1) The sale of cigarettes, other[other tobacco products, vapor products and alternative nicotine products to [minors]minors] any product containing, made or derived from tobacco, vapor product, alternative nicotine product or product containing, made or derived from nicotine to persons under 21 years of age is prohibited by law;
and - *AB59_R1* – 3 – (2) The retailer may ask for proof of age to comply with this prohibition;
(a) Which contains cigarettes and is located in any area to which customerscus(b) From which cigarettes are allowedreadily access;accessible to a customer without the assistance of the retailer, - 81st Session (2021) – 3 – 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.
It is unlawful for a person to knowingly sell or distribute cigarettes, cigarette paper, tobacco[tobacco of any description,description,] products containing, made or derived from tobacco, vapor products or, [or] alternative nicotine products or products containing, made or derived from nicotine to a [child] person under the age of [18] 21 years through the use of a computer network, telephonic network or other electronic network.
3.] Every person who sells or distributes cigarettes, cigarette paper,derived tobaccofrom oftobacco, anyvapor description, products made, or[or] derivedalternative fromnicotiner tobacco,products vaporor products containing, made or alternativederived nicotinefrom productsnicotine to an ultimate consumer in this State through the use of a computer network, telephonic network or electronic network shall:
(a) Ensure 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.”] products”, “vapor products” or “vapor“nicotine products,” as applicable.
(b) [Perform] Obtain the full name, date of birth and residential address of the purchaser and 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] 21 the signature of a person over the age of 18 years .before the itemses are released to the purchaser, unless the person:
[and(1) useRequires a method of mail, shipping or delivery that requires the signaturecustomer ofto: a person over the age of 18 years before the items are released to the purchaser, unless the person:
- *AB59_R1* – 4 – (1) Requires the customer to:
and - 81st Session (2021) – 4 – (2) Sends the package containing the items to the name and address of the customer who ordered the items.] 3.
Every person who makes sales as described in subsection 2 must certify annually to the Attorney General that the person uses anparagraph independent,(b) third-partyof agesubsection 2.e verification service as described in paragraph4. (b) of subsection 2.
4.
For the purposes of this section, any sale of cigarettes, cigarette paper, tobacco of any description, products containing, made or derived from tobacco, vapor productsproducts, or alternative nicotine products or products containing, made or derived from nicotine to a natural person in this State who does not intend to resell the item constitutes a sale to an ultimate consumer.
As necessary to comply with any applicable federal law, the Attorney General shall conduct random, unannounced inspections at locations where tobacco,[tobacco,] products containing, made or derived from tobacco, vapor products and, alternative[and] nicotinederived productsfrom nicotine are sold, distributed or offered for sale to inspect for and enforce compliance with NRS 202.2493, 202.2494 and 370.521, as applicable.
Show all 120 changed lines (80 more)
- *AB59_R1* – 5 – 2.
3.- 81st Session (2021) – 5 – section shall, if questioned about his or her age, state his or her true age .
A [child] person assisting in an inspection pursuant to this section shall, if questioned about his or her age, state his or her true age .
(b) Photograph the [child] person attempting to purchase tobacco,an productsitem madedescribed orin derivedsubsection from1 tobacco, vapor products or alternative nicotine products immediately before the inspection is to occur and retain any photographs taken of the [child] person pursuant to this paragraph.
(a) Inform a representative of the business establishment from which the [child] person attempted to purchase tobacco, products made or derived from tobacco, vapor products or alternativealternativeoducts nicotine productsproducts] an item described in subsection 1 that an inspection has been performed and the results of that inspection.
(3) The name and position of the person from whom the [child] person who assisted in the inspection attempted to purchase tobacco,[tobacco, products made or derived from tobacco, vapor products or alternative nicotine products;products;] an item described in subsection 1;
(4) The name and address of the establishment at which the [child] person attempted to purchase tobacco,[tobacco, products made or derivedproducts;] froman tobacco,item vapordescribed productsin orsubsection alternative1;native nicotine products;(5) The date and time of the inspection;
(5)and (6) The dateresult andof timethe 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] an item described in subsection 1 to the inspection;[child.] person under 21 years of age.
and6. (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.] person under 21 years of age.
No administrative, civil or criminal action based upon an alleged violation of NRS 202.2493, 202.2494 or 370.521 may be - *AB59_R1*81st Session (2021) – 6 – 6.brought as a result of an inspection for compliance in which the assistance of a [child] person under 21 years of age has been enlisted to attempt to purchase an item described in subsection 1 unless the inspection has been conducted in accordance with the proSec.
No administrative, civil or criminal action based upon an alleged violation of NRS 202.2493, 202.2494 or 370.521 may be brought as a result of an inspection for compliance in which the assistance of a [child] person under 21 years of age has been enlisted to attempt to purchase tobacco, products made or derived from tobacco, vapor products or alternative nicotine products unless the inspection has been conducted in accordance with the provisions of this section.
Sec.
Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301 or 501.3857, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 202.287, 202.300 or 465.070 to 465.086, inclusive, are subject to forfeiture except that:
- *AB59_R1*81st Session (2021) – 7 – (c) A conveyance is not subject to forfeiture for a violation of NRS 202.300 if the firearm used in the violation of that section was not loaded at the time of the violation;
and (d) A forfeiture of a conveyance encumbered by a bona fide securitysecured interestparty isneither subjecthad knowledge of nor consented to the interestfelony.f of the securedIf partya ifconveyance is forfeited, the securedappropriate partylaw neitherenforcement hadagency knowledgemay ofpay northe consentedexisting tobalance and retain the felony.conveyance for official use.
If a conveyance is forfeited, the appropriate law enforcement agency may pay the existing balance and retain the conveyance for official use.
or (b) The cigarettes , cigarette paper or other tobacco products areare2.eliFor deliveredthe bypurpose mailof orthis thesection, useany sale of anothercigarettes delivery, service.cigarette paper or other tobacco products to a natural person in this State who does not hold a current license as a wholesale or retail dealer constitutes a sale to a consumer.
2.
For the purpose of this section, any sale of cigarettes , cigarette paper or other tobacco products to a natural person in this State who does not hold a current license as a wholesale or retail dealer constitutes a sale to a consumer.
NRS(Deleted 370.0318by isamendment.) herebySec. amended to read as follows:
370.0318 “Other tobacco product” means any tobacco of any description, any vapor product, any alternative nicotine product or any product made or derived from tobacco, other than cigarettes.
Sec.
- *AB59_R1* – 8 – 2.
In addition to any other penalty authorized by law, the Attorney General may seek civil penalties against any person - 81st Session (2021) – 8 – engaging in delivery sales in violation of this chapter or chapter 202 of NRS.
Any civil penalty recovered pursuant to this section for a violation of NRS 202.24935 must be deposited into a separate account in the State General Fund to be used for the enforcement of this section and NRS 202.2493 and 202.2494.202.2494.or Sec.
Sec.
Except as otherwise provided in subsections 2 , 3 and 3,[3,] 4, a person shall not sell, distribute or offer to sell cigarettes, cigarette paper or[or other tobacco productsproducts] , any product containing, made or derived from tobacco, vapor product, alternative nicotine product or product containing, made or derived from nicotine to any [child] person under the age of [18] 21 years.
A person shall be deemed to be in compliance with the provisions of subsection 1 if, before the person sells, distributes or offers to sell to another,another [, cigarettes, cigarette paperpaper, or other tobacco products,products,] any item described in subsection 1, the person:
and (c) Reasonably relies upon the driver’s license, permanent resident card, tribal identification card or other written or documentary evidence presented by the other person.
The employer of a [child] person who is under [18] 21 years of age may, for the purpose of allowing the [child] person to handle or transport cigarettes,[cigarettes, cigarette paper or other tobacco products,products,] any item described in subsection 1 in the course of the [child’s] person’s lawful employment, provide cigarettes,[cigarettes, cigarette paper or other tobacco productsproducts] an item described in subsection 1 to the [child.] person under 21 years of age.
The provisions of this section do not apply to any product regulated by the United States Food and Drug Administration under Subchapter V of the Federal Food, Drug, and Cosmetic Act, U.S.C.
§§ 351 et seq.
5.
(a)- 81st Session (2021) – 9 – (b) For the firstsecond violation within a 24-month period, $100.$250.
(b) For the second violation within a 24-month period, $250.
5.[5.] 6.
- *AB59_R1* – 9 – (b) For the third violation within a 24-month period at the same premises, the licensee is liable for a civil penalty of $500.
6.[6.] 7.
A peace officer or any person performing an inspection pursuant to NRS 202.2496 may issue a notice of infraction for a violationform ofprescribed thisby section.the Department and must contain:ust be issued on a (a) The location at which the violation occurred;
A notice of infraction must be issued on a form prescribed by the Department and must contain:
(a) The location at which the violation occurred;
7.or a facsimile thereof must be filed with the Department andion [6] 7 retained by the Department and is deemed to be a public record of matters which are observed pursuant to a duty imposed by law and is prima facie evidence of the facts alleged in the notice.
A[8.] notice9. of infraction issued pursuant to subsection 6 or a facsimile thereof must be filed with the Department and retained by the Department and is deemed to be a public record of matters which are observed pursuant to a duty imposed by law and is prima facie evidence of the facts alleged in the notice.
8.A person to whom a notice of infraction is issued pursuant to subsection [6] 7 shall respond to the notice by:
A(a) personAdmitting tothe whomviolation astated in the notice and paying to the [Department] State of infractionNevada isthe issuedapplicable pursuantcivil topenalty subsectionset 6forth shallin respondsubsection to[4] the5 noticeor by:[5.] 6.
(a)- Admitting81st theSession violation(2021) stated– in10 the– notice(b) andDenying payingliability tofor the [Department]infraction Stateby ofnotifying Nevada the applicableDepartment civiland penaltyrequesting seta forthhearing in subsectionthe 4manner orindicated 5.on the notice of infraction.
(b) Denying liability for the infraction by notifying the Department and requesting a hearing in the manner indicated on the notice of infraction.
9.[9.] 10.
-who *AB59_R1*holds –a 10license –issued 10.by the Department pursuant to thisrson chapter.
As used in this section, “licensee” means a person who holds a license issued by the Department pursuant to this chapter.
State,2. a political subdivision of this State, or an officer, employee or agency thereof.
Nothing in this section authorizes an action against this State, a political subdivision of this State, or an officer, employee or agency thereof.
This section and sections 1 to 3.5, inclusive, and 6 to 9, inclusive, of this act become effective upon passage and approval.
TEXT~~~~~ OF21 REPEALED- SECTIONS81st 370.323Session Prerequisites(2021) to mailing or shipment of cigarettes;
requests for electronic mail addresses of prospective purchasers.
1.
A person shall not cause the mailing or shipment of cigarettes in connection with an order for a delivery sale unless the person accepting the order first:
(a) Obtains from the prospective purchaser a certification which includes:
(1) Reliable confirmation that the purchaser is at least 18 years of age;
and (2) A statement signed by the prospective purchaser in writing and under penalty of perjury which:
(I) Certifies the prospective purchaser’s address and date of birth;
(II) Confirms that the prospective purchaser understands that signing another person’s name to such certification is illegal and that sales of cigarettes to children under 18 years of age are illegal under the laws of this State;
and (III) Confirms that the prospective purchaser desires to receive mailings from a tobacco company.
- *AB59_R1* – 11 – (b) Makes a good faith effort to verify the information contained in the certification provided by the prospective purchaser pursuant to paragraph (a) against any federal or commercially available database established for that purpose.
(c) Sends to the prospective purchaser, by electronic mail or other means, a notice which meets the requirements of subsection 2 and requests confirmation that the order for the delivery sale was placed by the prospective purchaser.
(d) Receives from the prospective purchaser confirmation, pursuant to the request described in paragraph (c), that such person placed the order for the delivery sale.
purchaser by a credit or debit card that has been issued in thatve purchaser’s name.
2.
The notice required by paragraph (c) of subsection 1 must include:
(a) A prominent and clearly legible statement that the sale of cigarettes to children under 18 years of age is illegal;
(b) A prominent and clearly legible statement that the sale of cigarettes is restricted to persons who provide verifiable proof of age in accordance with this section;
and (c) A prominent and clearly legible statement that sales of cigarettes are taxable under this chapter, and an explanation of how the tax has been or is to be paid with respect to the delivery sale.
prospective purchasers provide their electronic mail addresses.
that 370.395 Penalty for violation of NRS 370.321, 370.323 or 370.327.
A person who:
1.
Knowingly violates any of the provisions of NRS 370.321, 370.323 or 370.327;
or 2.
Knowingly and falsely submits a certification pursuant to paragraph (a) of subsection 1 of NRS 370.323 in the name of another person, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
H - *AB59_R1*
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View plain text versions (4)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Reprint 2 View text pdf
- Introduced As Introduced pdf
Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Approved by the Governor. Chapter 105.
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Enrolled and delivered to Governor.
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Read third time. Passed. Title approved. (Yeas: 14, Nays: 7.) To Assembly. In Assembly. To enrollment.
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Read second time.
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From committee: Do pass.
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In Senate. Read first time. Referred to Committee on Judiciary. To committee.
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From printer. To reengrossment. Reengrossed. Second reprint. To Senate.
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Taken from Chief Clerk's desk. Placed on General File. Read third time. Amended. (Amend. No. 478.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 34, Nays: 8.) To printer.
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From printer. To engrossment. Engrossed. First reprint. Taken from General File. Placed on Chief Clerk's desk.
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Read second time. Amended. (Amend. No. 140.) To printer.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Taken from Second Reading File. Placed on Second Reading File for next legislative day.
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To committee.
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Read first time.
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From printer.
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Prefiled. Referred to Committee on Judiciary. To printer.
Sponsors
- Assembly Committee on Judiciary · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Assembly Committee on Judiciary
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"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.
Subjects
Frequently asked questions
- Who sponsors AB 59?
- AB 59 is sponsored by Assembly Committee on Judiciary.
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- This bill has been enacted into law. Introduced November 18, 2020. Enacted.
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