PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2641
(Reference to printed bill)
Page 1, lines 4, 6 and 8, after the comma insert "vapor product or"
Lines 12, 17 and
26, strike ", a vapor product"
insert ", a vapor product"
Page 2, strike lines 2 through 6
Strike lines 9 through 28, insert:
"2. "Tobacco product" means any of the following:
(a) Cigars.
(b) Cigarettes.
(c) Cigarette papers of any kind.
(d) Smoking tobacco of any kind.
(e) Chewing tobacco of any kind.
3. "Vapor product" means a noncombustible tobacco‑derived or chemical derived product containing that may or may not contain nicotine that employs a mechanical heating element, battery or circuit, regardless of shape or size, that can be used to heat a liquid nicotine or other solution contained in cartridges or within the device itself. Vapor product does not include any product that is regulated by the United States food and drug administration under chapter V of the federal food, drug and cosmetic act."
Line 31, strike "electronic smoking devices" insert "vapor products"
Lines 34 and 41, strike "electronic smoking devices" insert "vapor products"
Page 3, strike lines 1 through 8
Renumber to conform
Between lines 10 and 11, insert:
"2. "Vapor product" has the same meaning prescribed in section 13‑3622.
Sec. 3. Title 36, chapter 6, article 14, Arizona Revised Statutes, is amended by adding section 36-798.07, to read:
36-798.07. Retail sale of tobacco products; registration required; penalties; violation; classification; rules; definitions
A. Each person selling tobacco products at a retail outlet shall register with the department. A separate registration is required for each retail outlet operated in this state. The department may not charge a fee for this registration. On or before January 1, 2015, the department shall make available on its website an online form for submitting at least the following required information:
1. The name of the retail outlet.
2. The mailing and physical address of each retail outlet.
3. Any corporate affiliation associated with the retail outlet.
4. The name of the person who owns the retail outlet.
5. The contact information for the retail outlet's agent for service of process.
6. The transaction privilege tax license number for the retail outlet.
7. A current, valid e‑mail address for the owner of the retail outlet.
8. Whether the business is exempt from the requirements of section 36‑601.01.
B. A person selling tobacco products at a retail outlet on or before March 24, 2015 shall register with the department not later than March 31, 2015. A person who begins selling tobacco products at a retail outlet after March 24, 2015 shall register with the department not later than seven days after first making tobacco products available for retail sale. A person selling tobacco products at a retail outlet shall renew the person's registration at least annually. The department shall remove each registered person from the registry one year and thirty days after the person's most recent registration.
C. A person who is required to register pursuant to this section shall:
1. Timely register and renew the person's registration.
2. Provide complete and accurate registry information to the department.
3. Update the registry information within thirty days after any change.
D. Following the first violation of this section by a retail outlet, an additional violation occurs for every seven days in which the retail outlet does not cure the first violation.
E. Penalties for a violation of this section are as follows:
1. For a first violation, a civil penalty not to exceed five hundred dollars.
2. For a second violation within twenty‑four months after the first violation, a civil penalty not to exceed five thousand dollars.
3. A third or subsequent violation within twenty‑four months after the second violation is a class 6 felony and, notwithstanding sections 13‑801 and 13‑803, the retail outlet is subject to a fine of not less than ten thousand dollars and not more than fifty thousand dollars.
4. After a third or subsequent violation within twenty‑four months after the second violation, at the request of the department, the attorney general or county attorney shall bring an action in the name of this state to enjoin any person who sells tobacco products at a retail outlet and who does not timely, accurately and completely register with the department from engaging or continuing in the retail sale of tobacco products until the person complies with this section and pays all fines imposed under this section.
F. A violation of this section is an unlawful practice under section 44‑1522 and is in addition to all other causes of action, remedies and penalties that are available to this state. The attorney general may investigate and take appropriate action pursuant to title 44, chapter 10, article 7.
G. The department may adopt rules to carry out the purposes of this section.
H. For the purposes of this section:
1. "Alternative nicotine product":
(a) Means a product or device that does not necessarily consist of or contain tobacco and that provides or is designed to provide for the ingestion into the body of nicotine by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing or any other means.
(b) Does not include tobacco and any product that is approved by the United States food and drug administration as a nontobacco product for sale as a tobacco cessation product or as a tobacco dependence product or for another medical purpose and that is being marketed or sold solely for that approved purpose.
2. "Department" means the department of health services.
3. "Tobacco product" means all luxuries described in section 42‑3052, paragraphs 5, 6 and 7 and any alternative nicotine product."
Renumber to conform
Page 3, strike line 14, insert "VAPOR PRODUCTS"
Lines 16 and 17, strike "electronic smoking devices" insert "vapor products"
Lines 18 and 19, strike "an electronic smoking device" insert "a vapor product"
Line 20, after the comma strike remainder of line; strike lines 21 through 28, insert ""Vapor product" has the same meaning prescribed in section 13‑3622."
Line 24, after the period strike remainder of line; strike lines 25 through 28