Amendment vs bill Amendment 367 vs Reprint 2

Struck = removed from the bill · added = the amendment's new text.

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REQUIRES TWO-THIRDS MAJORITY VOTE (§ 6) EXEMPT (Reprinted with amendments adopted on May 29, 2025) SECOND REPRINT S.B.
Session (83rd) A SB435 367 Amendment No.
435 SENATE BILLN O.
367 Senate Amendment to Senate Bill No.
435–SENATORS CANNIZZARO ;
435 (BDR 32-989) Proposed by:
SCHEIBLE AND STONE M ARCH 24, 2025 ____________ JOINT SPONSORS :
Senate Committee on Revenue and Economic Development Amends:
ASSEMBLYMEMBERS Y EAGER , AUREGUI AND HARDY ____________ Referred to Committee on Revenue and Economic Development SUMMARY—Revises provisions relating to nicotine products.
Summary:
No Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes Adoption of this amendment will MAINTAIN the 2/3s majority vote requirement for final passage of S.B.
435 (§ 6).
ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
JFD/BJF - Date:
4/21/2025 S.B.
No.
435—Revises provisions relating to nicotine products.
(BDR 32-989) Page 1 of 17 *A_SB435_367* Senate Amendment No.
367 to Senate Bill No.
435 Page 3 SENATE BILLN O.
435–SENATORS C ANNIZZARO ;
SCHEIBLE AND STONE M ARCH 24,2025 _______________ JOINT SPONSORS :
ASSEMBLYMEMBERS Y EAGER , AUREGUI AND HARDY _______________ Referred to Committee on Revenue and Economic Development SUMMARY—Revises provisions relating to nicotine products.
requiring the Department of Taxation to create, maintain and make available a directory of manufacturers of vapor products and all vapor products;
requiring the [Attorney General] Department of Taxation to create, maintain and make available a directory of manufacturers of vapor products and all vapor products;
requiring the Department to prepare and submit to the Legislature an annual report regarding the directory;
requiring the [Attorney General] Department to prepare and submit to the Legislature an annual report regarding the directory;
creating the Account for Vapor Product Enforcement in the State General Fund;
authorizing the sharing of certain information with federal, state, or local agencies for purposes of - *SB435_R2* – 2 – enforcement of certain provisions relating to products containing nicotine;
authorizing the sharing of certain information with federal, state, or local agencies for purposes of enforcement of certain provisions relating to products containing nicotine;
making an appropriation;
products whose cigarettes are sold in this State to execute and deliver a certification to the Attorney General;
(Chapter 370 of NRS) Existing law also requires:
and (2) the Department to create and maintain a directory of all manufacturers that have executed and delivered such certifications.
(1) manufacturers of tobacco products whose cigarettes are sold in this State to execute and deliver a certification to the Attorney General;
(NRS 370.665, 370.675) Section 6 of this bill similarly requires manufacturers of vapor products to execute and deliver a certification to the Attorney General.
and (2) the Department to create Senate Amendment No.
Section 7 of this bill requires such a manufacturer to notify the Attorney General not later than 30 days after any material change to the certification.
367 to Senate Bill No.
Section 8 of this bill requires the Department to create and maintain a directory of all manufacturers of vapor with federal marketing authorization requirements.
435 Page 4 and maintain a directory of all manufacturers that have executed and delivered such certifications.
Section 9 of this bill requires the Department to provide a manufacturer of vapor products notice and an opportunity to cure any violation or deficiency before removing the manufacturer or any vapor products from the directory.
(NRS 370.665, 370.675) Section 6 of this bill similarly requires manufacturers of vapor products to execute and manufacturer to notify the Attorney General not later than 30 days after any material change to the certification.
Section 8 of this bill requires the [Attorney General] Department to create and maintain a directory of all manufacturers of vapor products that have executed and delivered a certification indicating compliance with federal marketing authorization requirements.
Section 9 of this bill requires the [Attorney General] Department to provide a manufacturer of vapor products notice and an opportunity to cure any violation or deficiency before removing the manufacturer or any vapor products from the directory.
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Section 10 of this bill prohibits vapor products that are not included in the directory, on or after the date the Department first makes the directory available for public inspection, this bill require nonresident and foreign manufacturers of vapor products to appoint an agent in this State for service of process and to submit a bond payable to the State, respectively.
Section 10 of this bill prohibits vapor products that are not included in the directory, on or public inspection, from being sold in this State or to a consumer in this State.
Sections 11 and 12 of this bill require nonresident and foreign manufacturers of vapor products to appoint an agent in this State for service of process and to submit a bond payable to the State, respectively.
Section 14.5 of this bill creates the Account for Vapor Product Enforcement in the State General Fund.
Section 15 of this bill requires the [Attorney General] Department to prepare and submit to the Legislature an annual report regarding the directory and section 16 of this bill requires the [Attorney General] Department to adopt regulations to carry out the provisions of sections 2-16 of this bill.
Section 15 of this bill requires the Department to prepare and submit to the requires the Department to adopt regulations to carry out the provisions of sections 2-16 of this bill.
this bill, including “vapor product,” which is defined for such purposes to mean anyons of noncombustible product containing nicotine.
Sections 3, 4 and 5 define certain terms for purposes of implementing the provisions of this bill, including “vapor product,” which is defined for such purposes to mean any noncombustible product containing nicotine.
Section 18 of this bill prohibits a person from selling, giving, “nicotine analogue” for such purposes.
Section 18 of this bill prohibits a person from selling, giving, delivering or furnishing to a person a nicotine analogue and defines the term “nicotine analogue” for such purposes.
Section 19.5 of this bill authorizes the seizure of nicotine analogue products under certain circumstances.
[Section 19 of this bill authorizes the seizure of such products if sold, distributed or offered for sale to a person under the age of 21 years.] Section 20 of this bill authorizes the Department [of Taxation] to share information obtained in investigations with federal, state or local agencies for purposes of enforcement of corresponding laws of other states.
Section 20 of this bill authorizes the Department to share information obtained in investigations with federal, state or local agencies for purposes of enforcement of corresponding - *SB435_R2* – 3 – laws of other states.
Section 21 of this bill exempts certain information that public records and public books be open to inspection.
Section 21 of this bill exempts certain information provided in a certification executed and delivered pursuant to section 6 from the requirement makes an appropriation to the Office of the Attorney General for the purposes of bill carrying out the provisions of sections 2-16.
to section 6 from the requirement THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
§ 387j for a vapor product containing nicotine derived from tobacco marketed in the United States as of August 8, 2016, that was submitted to the United States Food and Drug Administration on or before September 9, 2020, and accepted for filing.
§ 387j for a vapor product containing nicotine derived from tobacco marketed in the United States as of August 8, 2016, Senate Amendment No.
367 to Senate Bill No.
435 Page 5 that was submitted to the United States Food and Drug Administration on or before September 9, 2020, and accepted for filing.
- *SB435_R2* – 4 – 3.
3.
A manufacturer of a vapor product that is sold for retail sale in this State or to a consumer in this State, whether directly or through an importer, wholesaler, distributor, retailer or similar intermediary or intermediaries shall, not later than August 1, 2026, and each year thereafter, execute and deliver to the Attorney General, on a form and in a manner prescribed by the Attorney General, a certification under penalty of perjury affirming that the manufacturer is compliant with the provisions of sections 2 to 16, inclusive, of this act and has done either of the following for each vapor product to be sold at retail in this State or to a consumer in this State:
A manufacturer of a vapor product that is sold for retail sale in this State or to a consumer in this State, whether directly or through an importer, wholesaler, distributor, retailer or similar intermediary or intermediaries shall, not later than August 1, [2025,] 2026, and each year thereafter, execute and deliver to the Attorney General, on a form and in a manner prescribed by the Attorney General, a certification under penalty of perjury affirming that the manufacturer is compliant with the provisions of sections 2 to 16, inclusive, of this act and [that] has done either of the following for each vapor product to be sold [for] at retail [sale] in this State or to a consumer in this State :
(a) Received a marketing granted order for the vapor product from the United States Food and Drug Administration pursuant to 21 U.S.C.
[, the manufacturer:] (a) Received a marketing granted order for the vapor product from the United States Food and Drug Administration pursuant to 21 U.S.C.
§ 387j and either:
§ 387j and [the application] either :
(1) The application remains under review by the United States Food and Drug Administration;
(1) The application remains under review by the United States Food and Drug Administration ;
or (2) The United States Food and Drug Administration has issued a marketing denial order for the vapor product, but:
or (2) The United States Food and Drug Administration has [received] issued a marketing denial order [that remains stayed by the] for the vapor product, but:
or (II) The United States Food and Drug Administration or a federal court has issued a stay order or injunction suspending the marking denial order pending an appeal by the manufacturer of the vapor product.
or Senate Amendment No.
367 to Senate Bill No.
435 Page 6 (II) The United States Food and Drug Administration or a federal court has issued a stay order [, rescinded by the United States Food and Drug Administration or vacated by a court;
(c) Is not required to submit an additional marketing granted order or a premarket tobacco product application for the vapor product because the vapor product merely reflects a change to the name, brand style or packaging of a vapor product that is described under paragraph (a) or (b);
or (d) Can demonstrate that the United States Food and Drug Administration has issued a rule, guidance or other formal statement that temporarily exempts the vapor product from any requirement for a premarket tobacco product application.] or injunction suspending the marking denial order pending an appeal by the manufacturer of the vapor product.
- *SB435_R2* – 5 – (I) The cover page of the marketing granted order issued by the United States Food and Drug Administration pursuant to 21 U.S.C.
(I) The cover page of the marketing granted order issued by the United States Food and Drug Administration pursuant to 21 U.S.C.
§ 387j for the application;
§ 387j for [a timely filed premarket tobacco product] the application;
(III) A document issued by United States Food and Drug Administration or by a court confirming that the premarket tobacco product application has received a marketing denial order which has been suspended by the issuance of a stay order or injunction by United States Food and Drug Administration or a federal court pending an appeal by the manufacturer;
(III) A document issued by United States Food and Drug Administration or by a court confirming that the premarket tobacco product application has received a marketing denial order [that has been and remains stayed] which has been suspended by the issuance of a stay order or injunction by United States Food and Drug Administration or a federal court [order, rescinded by United States Food and Drug Administration or vacated by a court;
or] pending an appeal by the manufacturer;
and (2) A payment of an initial fee of $6,300 for each type of vapor product and an annual renewal fee of $6,300.
and (2) A payment of an initial fee of $2,000 for each type of vapor product and [a] an annual renewal fee of [$1,000 each time thereafter that a manufacturer executes and delivers a certification for that vapor product.] $1,200.
4.
The Attorney General shall deposit the money received from fees pursuant to subsection 2 in a separate account in the State General Fund.
The money in the account must be administered by the Attorney General and used to pay the costs, including, without limitation, personnel costs of:
(a) The Attorney General to process certifications pursuant to this section;
and Senate Amendment No.
367 to Senate Bill No.
435 Page 7 (b) The Department to operate and maintain the directory pursuant to section 8 of this act.
A manufacturer of a vapor product required to execute and deliver a certification pursuant to section 6 of this act shall notify the Attorney General not later than 30 days after any material change to the certification, including, without limitation, the issuance of:
A manufacturer of a vapor product required to execute and deliver a certification pursuant to section 6 of this act shall notify the Attorney General not later than 30 days after any material change to the certification, including , without limitation, the issuance [or denial of a marketing authorization or other order by the United States Food and Drug Administration] of:
§ 387j;
§ 387j [or any other] ;
Notice of an order or action by the United States Food and Drug Administration or any court that affects the ability of the vapor product to be introduced or delivered into interstate commerce for commercial distribution in the United States;
Notice of an order or action by the United States Food and Drug Administration or any court that affects the ability of the vapor product to be introduced or delivered into interstate commerce for commercial distribution in the United States [.] ;
Notice of any action by the United State Food and Drug Administration which results in the vapor product no longer being - *SB435_R2* – 6 – exempt from the requirement for a premarket tobacco product application.
Notice of any action by the United State Food and Drug Administration which results in the vapor product no longer being exempt from the requirement for a premarket tobacco product application.
On or before October 1, 2026, the Department shall create, maintain and make publicly available on the Internet website of the Department a directory that lists all manufacturers of vapor products and all vapor products, including brand names, product names, categories (e.g., disposable vapor product, e-liquid, e-liquid cartridge, e-liquid pod, power unit, etc.) and flavors for which certifications have been executed and delivered in compliance with section 6 of this act to the Attorney General.
On or before October 1, [2025,] 2026, the [Attorney General] Department shall create, maintain and make publicly available on the Internet website of the [Attorney General] Department a directory that lists all manufacturers of vapor products and all vapor products, including brand names, product names, categories (e.g., disposable vapor product, e-liquid, e-liquid cartridge, e-liquid pod, power unit, etc.) and flavors for which certifications have been executed and delivered [pursuant to] in compliance with section 6 of this act to the Attorney General.
The Department shall:
The [Attorney General] Department shall:
(a) Update the directory described in subsection 1 as necessary to ensure the accuracy of the directory;
(a) Update the directory described in subsection 1 [at least monthly] as necessary to ensure the accuracy of the directory;
Sec.
[3.
The name of a manufacturer or the vapor products of a manufacturer must not be included or retained in the directory if the Attorney General determines that any of the following apply:
(a) The manufacturer failed to provide a complete and accurate certification pursuant to section 6 of this act;
(b) The manufacturer executed and delivered a certification that does not comply with the requirements of section 6 of this act;
(c) The manufacturer failed to include payment of the fee required by section 6 of this act;
(d) The manufacturer sold vapor products in this State during a period when either the manufacturer or the vapor product sold was not certified and listed on the directory;
or (e) The information provided by the manufacturer pursuant to section 6 of this act is determined by the Attorney General to contain false information, material misrepresentations or omissions.] Sec.
A manufacturer of vapor products or a vapor product, including, without limitation, a brand name, product name, category or flavor, may be denied listing or removed from the directory by the Department if the Department determines that any of the following apply:
[The Attorney General shall provide a manufacturer of vapor products notice and an opportunity to cure any deficiency before removing the manufacturer or any vapor products from the directory.] A manufacturer of vapor products or a vapor product, including, without limitation, a brand name, product name, category or flavor, may be denied listing or removed from the Senate Amendment No.
367 to Senate Bill No.
435 Page 8 directory by the Department if the Department determines that any of the following apply:
or (2) The existence or result of any investigation of the manufacturer, in this State or any other state, for the commission of a crime relating to the manufacture, sale or distribution of vapor products or for any act or omission that would be grounds - *SB435_R2* – 7 – for the removal of the manufacturer from the directory had the act or omission occurred in this State.
or (2) The existence or result of any investigation of the manufacturer, in this State or any other state, for the commission of a crime relating to the manufacture, sale or distribution of vapor products or for any act or omission that would be grounds for the removal of the manufacturer from the directory had the act or omission occurred in this State.
The Department shall notify each wholesale dealer and retail dealer of vapor products when any changes are made to the directory, including, without limitation, when a manufacturer or vapor product, including, without limitation, a brand name, product name, category or flavor, is added to or removed from the directory.
The [Attorney General may not remove a manufacturer] Department shall notify each wholesale dealer and retail dealer of vapor products [or any vapor products from] when any changes are made to the directory [until at least 30 days after the manufacturer has been given notice of an intended action setting forth the reasons for removal.
Notice shall be deemed sufficient and immediately received by] , including, without limitation, when a manufacturer [if the notice is sent to an electronic mail address or facsimile number provided by the manufacturer in the most recent certification executed and delivered pursuant to section 6 of this act.
3.] or vapor product, including, without limitation, a brand name, product name, category or flavor, is added to or removed from the directory.
A manufacturer of vapor products shall have 15 days from the date of service of the notice provided pursuant to this subsection to cure any violation or deficiency or otherwise establish that the manufacturer or vapor products should be included in the directory.
A manufacturer of vapor products shall have 15 days from the date of service of the notice provided pursuant to this subsection [2] to cure any violation or deficiency or otherwise establish that the manufacturer or vapor products should be included in the directory.
5.
[4.
A retail dealer of vapor products may, not later than 60 days after receiving notice pursuant to subsection 3 that a manufacturer of vapor products or any vapor product, including any brand name, product name, category or flavor, has been removed from the directory, sell any vapor products in its possession to which the notice pertains or which are from the manufacturer to which the notice pertains.
Any retailer] 5.
A retail dealer of vapor products [must be given 30] may, not later than 60 days after [the removal of] receiving notice pursuant to subsection 3 that a Senate Amendment No.
367 to Senate Bill No.
435 Page 9 manufacturer of vapor products or any vapor [products] product, including any brand name, product name, category or flavor, has been removed from the directory [to] , sell [such] any vapor products [that were in the inventory of the retailer as of the date of removal.
5.] in its possession to which the notice pertains or which are from the manufacturer to which the notice pertains.
A wholesale dealer of vapor products who receives a notice pursuant to subsection 3 that a manufacturer or vapor product has been removed from the directory shall, not later than 20 days after receiving the notice, identify and set aside any vapor products to which the notice pertains or which are from the manufacturer to - *SB435_R2* – 8 – which the notice pertains for sale or distribution outside of the borders of this State and keep a record of the destination state for such vapor products, or return any such vapor products to the manufacturer or wholesale dealer.
A wholesale dealer of vapor products who receives a notice pursuant to subsection 3 that a manufacturer or vapor product has been removed from the directory shall, not later than 20 days after receiving the notice, identify and set aside any vapor products to which the notice pertains or which are from the manufacturer to which the notice pertains for sale or distribution outside of the borders of this State and keep a record of the destination state for such vapor products, or return any such vapor products to the manufacturer or wholesale dealer.
Beginning on January 1, 2027, or on the date that the Department first makes the directory available for public inspection on the Internet website of the Department, whichever is later, vapor products that are not included in the directory may not be sold for retail sale in this State or to a consumer in this State, either directly or through an importer, distributor, wholesaler, retailer or similar intermediary or intermediaries.
Beginning on January 1, [2026,] 2027, or on the date that the [Attorney General] Department first makes the directory available for public inspection on the Internet website of the [Attorney General,] Department, whichever is later, vapor products that are not included in the directory may not be sold for retail sale in this State or to a consumer in this State, either directly or through an importer, distributor, wholesaler, retailer or similar intermediary or intermediaries.
Each retailer shall have 60 days after the date that the Department first makes the directory available for inspection on the Internet website of the Department to sell vapor products that were in the inventory of the retailer, and not included in the directory, or to remove such vapor products from the inventory of the retailer.
Each retailer shall have 60 days after the date that the [Attorney General] Department first makes the directory available for inspection on the Internet website of the [Attorney General] Department to sell vapor products that Senate Amendment No.
367 to Senate Bill No.
435 Page 10 were in the inventory of the retailer, and not included in the directory, or to remove such vapor products from the inventory of the retailer.
Each distributor or wholesaler shall have 60 days from the date that the Department first makes the directory available for inspection on the Internet website of the Department to remove - *SB435_R2* – 9 – those vapor products intended for sale in this State or to a consumer in this State from the inventory of the retailer.
Each distributor or wholesaler shall have 60 days from the date that the [Attorney General] Department first makes the directory available for inspection on the Internet website of the [Attorney General] Department to remove those vapor products intended for sale in this State or to a consumer in this State from the inventory of the retailer.
- *SB435_R2* – 10 – Sec.
Sec.
A surety on a manufacturer’s bond is liable up to the amount of the bond, and the State may execute on the surety bond, for the payment of fines and penalties imposed on the manufacturer under section 14 of this act and for the costs of seizure and destruction of vapor products sold in violation of sections 2 to 16, inclusive, of this act.
A surety on a manufacturer’s bond is liable up to the amount of the bond, Senate Amendment No.
367 to Senate Bill No.
435 Page 11 and the State may execute on the surety bond, for the payment of fines and penalties imposed on the manufacturer under section 14 of this act and for the costs of seizure and destruction of vapor products sold in violation of sections 2 to 16, inclusive, of this act.
This provision does not operate to relieve, release or discharge the surety from liability already accrued or which accrues before the expiration of the 60- day period.
This provision does not operate to relieve, release or discharge the surety from liability already accrued or which accrues before the expiration of the 60-day period.
Each retailer, distributor and wholesaler that sells or distributes vapor products in this State is subject to at least two unannounced compliance checks annually, by the Department or the Attorney General or any designated agent of the Department or Attorney General, for purposes of enforcing the provisions of sections 2 to 16, inclusive, of this act.
Each retailer, distributor and wholesaler that sells or distributes vapor products in this State is subject to at least two unannounced compliance checks annually for purposes of enforcing the provisions of sections 2 to 16, inclusive, of this act.
The Department and the Attorney General shall share any information obtained from compliance checks.
The [Attorney General] Department shall publish the results of all compliance checks at least annually and shall make the results available to the public on request.
The Department shall publish the results - *SB435_R2* – 11 – of all compliance checks at least annually and shall make the results available to the public on request.
(a) For a first violation, $2,500.
(a) For a first violation, [$500.] $2,500.
(b) For a second violation within a 12-month period, $5,000.
(b) For a second violation within a 12-month period, [at least $750 but not more than $1,000.] $5,000.
(c) For a third violation within a 12-month period, $7,500.
(c) For a third [or subsequent] violation within a 12-month period, [at least $1,000 but not more than $1,500.] $7,500.
All fees and penalties collected by the Attorney General pursuant to this section and sections 2 to 16, inclusive, of this act, must be deposited in the Account for Vapor Product Enforcement created by section 14.5 of this act.
All fees and penalties collected by the Attorney General pursuant to this section and sections 2 to 16, inclusive, of this act, must be used for the administration and enforcement of sections 2 to 16, inclusive, of this act, Senate Amendment No.
367 to Senate Bill No.
435 Page 12 including, without limitation, contracting with a facility that has been issued a permit to treat [,] or store [or dispose of hazardous waste.] vapor products.
14.5.
1.
The Account for Vapor Product Enforcement is hereby created in the State General Fund.
The Account must be administered by the Attorney General.
2.
The money in the Account must only be used by the Attorney General and the Department:
(a) For the administration and enforcement of sections 2 to 16, inclusive, and 18 of this act, including, without limitation, contracting with a facility that has been issued a permit to treat or store vapor products;
and - *SB435_R2* – 12 – (b) To pay the costs, including, without limitation, the personnel costs of:
(1) The Attorney General to process certifications pursuant to section 6 of this act;
and (2) The Department to operate and maintain the directory pursuant to section 8 of this act.
3.
Any claims against the Account must be paid as other claims against the State are paid.
4.
Any money remaining in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
Sec.
On or before January 31 of each year, the Department shall prepare and submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature.
On or before January 31 of each year, the [Attorney General] Department shall prepare and submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature.
(a) An update on the status of the directory, including, without limitation, a discussion of the date of initial publication, dates of updated versions and issues the Department has encountered relating to making updates to the directory;
(a) An update on the status of the directory, including, without limitation, a discussion of the date of initial publication, dates of updated versions and issues the [Attorney General] Department has encountered relating to making updates to the directory;
The Department shall adopt regulations to carry out the provisions of sections 2 to 16, inclusive, of this act.
The [Attorney General] Department shall adopt regulations to carry out the provisions of sections 2 to 16, inclusive, of this act.
- *SB435_R2* – 13 – 2.
2.
Any civil penalty collected pursuant to this section must be deposited in the Account for Vapor Product Enforcement created by section 14.5 of this act.
5.
(Deleted by amendment.) Sec.
[NRS 370.521 is hereby amended to read as follows:
19.5.
NRS 370.521 is hereby amended to read as follows:
Except as otherwise provided in subsections 2, 4 and 5, a person shall not sell, distribute or offer to sell cigarettes, cigarette paper, any product containing, made or derived from tobacco, any vapor product, any alternative nicotine product or any product containing, made or derived from nicotine to any person under the age of 21 years.
Except as otherwise provided in subsections 2, 4 and 5, a person shall not sell, distribute or offer to sell cigarettes, cigarette paper, any product containing, made or derived from tobacco, any vapor product, any alternative Senate Amendment No.
367 to Senate Bill No.
435 Page 13 nicotine product or any product containing, made or derived from nicotine to any person under the age of 21 years.
and - *SB435_R2* – 14 – (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.
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.
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.
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.
(c) For the third and any subsequent violation within a 24-month period, $500.
(c) For the third and any subsequent violation within a 24-month period, $500 [.] , and any cigarette, cigarette paper, product containing, made or derived from tobacco, vapor product, alternative nicotine product or product containing, made or derived from nicotine offered for sale in violation of subsection 1 may be seized.
A sheriff or other peace officer shall provide written notification of any such seizure to the Department not later than 5 working days after the seizure.
The notification must include the reason for the seizure.
(d) For the fourth and any subsequent violation within a 24- month period at the same premises, the licensee is liable for a civil penalty of $10,000 [.] , and any cigarette, cigarette paper, product - *SB435_R2* – 15 – containing, made or derived from tobacco, vapor product, alternative nicotine product or product containing, made or derived from nicotine offered for sale in violation of subsection 1 may be seized.
(d) For the fourth and any subsequent violation within a 24-month period at the same premises, the licensee is liable for a civil penalty of $10,000 [.] , and any Senate Amendment No.
367 to Senate Bill No.
435 Page 14 cigarette, cigarette paper, product containing, made or derived from tobacco, vapor product, alternative nicotine product or product containing, made or derived from nicotine offered for sale in violation of subsection 1 may be seized.
- *SB435_R2* – 16 – 12.
12.
As used in this section, “licensee” means a person who holds 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.] (Deleted by amendment.) Sec.
Sec.
4.
Senate Amendment No.
367 to Senate Bill No.
435 Page 15 4.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, - *SB435_R2* – 17 – 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, - *SB435_R2* – 18 – 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 6 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, Senate Amendment No.
Any - *SB435_R2* – 19 – such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public.
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435 Page 16 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 6 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public.
A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or Senate Amendment No.
367 to Senate Bill No.
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21.5.
1.
There is hereby appropriated from the State General Fund to the Office of the Attorney General for the purposes - *SB435_R2* – 20 – of carrying out the provisions of sections 2 to 16, inclusive, of this act the following sums:
For the Fiscal Year 2025-2026..................................$408,479 For the Fiscal Year 2026-2027..................................$145,946 2.
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 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 18, 2026, and September 17, 2027, respectively.
Sec.
1.
This act becomes effective [upon passage and approval.] on January 1, 2026.
This section and section 21.5 of this act become effective on July 1, 2025.
2.
Sections 1 to 21, inclusive, and 22 of this act become effective on January 1, 2026.
H - *SB435_R2*