Assembly Bill No. 12–Committee on Judiciary

 

Prefiled January 27, 2003

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Referred to Committee on Judiciary

 

SUMMARY—Revises provisions regarding policy that must be adopted concerning sale of tobacco products through use of Internet. (BDR 15‑193)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to tobacco; revising provisions regarding the policy that a person who sells or distributes tobacco or certain products related to tobacco through the use of the Internet must adopt to prevent a child from obtaining such products; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 202.24935 is hereby amended to read as

1-2  follows:

1-3  202.24935  1.  It is unlawful for a person to knowingly sell or

1-4  distribute cigarettes, cigarette paper, tobacco of any description or

1-5  products made from tobacco to a child under the age of 18 years

1-6  through the use of the Internet.

1-7  2.  A person who violates the provisions of subsection 1 shall

1-8  be punished by a fine of not more than $500 and a civil penalty of

1-9  not more than $500. Any money recovered pursuant to this section

1-10  as a civil penalty must be deposited in the same manner as money is

1-11  deposited pursuant to subsection 6 of NRS 202.2493.

1-12      3.  Every person who sells or distributes cigarettes, cigarette

1-13  paper, tobacco of any description or products made from tobacco

1-14  through the use of the Internet shall adopt a policy to prevent a child

1-15  under the age of 18 years from obtaining cigarettes, cigarette paper,

2-1  tobacco of any description or products made from tobacco from the

2-2  person through the use of the Internet. The policy must include,

2-3  without limitation, [a method for ensuring that the person who

2-4  delivers such items obtains the signature of a person who is over the

2-5  age of 18 years when delivering the items, that the packaging or

2-6  wrapping of the items when they are shipped is clearly marked with

2-7  the word “cigarettes” or the words “tobacco products,” and that the

2-8  person complies with] a requirement that:

2-9  (a) Before processing an order for any such product, the age

2-10  of the person placing the order must be verified through the use of

2-11  a consulting database that is maintained by an independent

2-12  commercial entity which includes reliable information that allows

2-13  the age of a person to be determined;

2-14      (b) Payment for any such product may be made only by a

2-15  credit card, debit card or check issued in the name of the

2-16  purchaser;

2-17      (c) Any such product must be shipped to the purchaser; and

2-18      (d) Compliance with the provisions of 15 U.S.C. § 376[.] is

2-19  mandatory.

2-20      4.  A person who fails to adopt a policy pursuant to [this]

2-21  subsection 3 is guilty of a misdemeanor and shall be punished by a

2-22  fine of not more than $500.

2-23      Sec. 2.  The act becomes effective upon passage and approval.

 

2-24  H