AB 122 — Revises provisions relating to tobacco. (BDR 32-728)

(ReprintedAssembly withBill amendmentsNo. adopted on April 11, 2023) FIRST REPRINT A.B.

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122–A SSEMBLYMEN Y EAGER AND H AFEN F EBRUARY 9, 2023 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to tobacco.

(BDR 32-728) 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.

LegExistingLegislative lawCounsel’s prohibitsDigest: a person from selling, distributing or offering to sell cigarettes, cigarette paper or other tobacco products to any person under 40 years of age without first performing age verification.

(NRScigarettes, 370.521)cigarette Thispaper billor providesother antobacco exceptionproducts to thatany requirement,person allowingunder the40 sale,years distribution or offering of tobaccoage products without agefirst verificationperforming inage averification. face-to-face transaction that occurs within an from loitering.

(NRS 370.521) This bill becomesprovides effectivean uponexception itsto passagethat byrequirement, allowing the Legislaturesale, anddistribution or offering of tobacco products without age verification in a face-to-face transaction that occurs within an area of a casino where persons under the age of 21 years are already prohibited approval by the Governor.

becomes effective upon its passage by the Legislature and EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

- *AB122_R1* – 2 – 2.

3.- 82nd Session (2023) – 2 – person shall not sell, distribute or offer to sell cigarettes, cigarette paper or other tobacco products to any person under 40 years of age without first performing age verification through enhanced controls that utilize a scanning technology or other automated, software- based system to verify that the person is 21 years of age or older.

[A] Except as otherwise provided in this subsection, a person shall not sell, distribute or offer to sell cigarettes, cigarette paper or other tobacco products to any person under 40 years of age without first performing age verification through enhanced controls that utilize a scanning technology or other automated, software- based system to verify that the person is 21 years of age or older.

The employer of a person who is under 21 years of age may, for the purpose of allowing the person to handle or transport any item described in subsection 1 in the course of the person’s lawful employment, provide an item described in subsection 1 to the person under 21 years of age.

- *AB122_R1* – 3 – 7.

(a)at Forthe same premises, the firstlicensee andmust secondbe issued a warning.period (b) For the third violation within a 24-month period at the same premises, the licensee mustis beliable issuedfor a warning.civil penalty of $500.

(b) For the third violation within a 24-month period at the same premises, the licensee is liable for a civil penalty of $500.

- 82nd Session (2023) – 3 – 8.

(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;

(a) Admitting the violation stated in the notice and paying to the State of Nevada the applicable civil penalty set forth in subsection 3, 6 or 7.

- *AB122_R1* – 4 – 11.

holds12. a license issued by the Department pursuant to this chapter.

As used in this section, “licensee” means a person who holds a license issued by the Department pursuant to this chapter.

H~~~~~ 23 - *AB122_R1*82nd Session (2023)