Bill
Number: S.B. 1009
Carter
Floor Amendment
Reference
to: printed bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Exempts electronic
smoking devices from the definition of tobacco product as it relates to the
prohibition on delivery sales.
2. Requires retailers that
engage in delivery sales of electronic smoking devices to implement age
verification through an independent, third-party verification service to verify
purchasers are at least 21 years of age.
3. Outlines requirements
for retailers that engage in the delivery sales of electronic smoking devices,
including registration with the Attorney General's Office.
Page 5, line 25, strike "and
includes an electronic smoking device"
Line 26,
strike "or" insert a comma; after "cigars" insert "or electronic smoking devices"
After line
26, insert:
"Sec. 4. Title
36, chapter 6, article 14, Arizona Revised Statutes, is amended by adding
section 36-798.07, to read:
START_STATUTE36-798.07. Delivery
sales; electronic smoking devices; age verification service; registration;
warning
A. A
retailer that sells, offers for sale, gives or furnishes an electronic smoking
device to another person by mail or delivery service, through an internet or a
computer network, by telephone or through any other electronic method must use
an independent, third‑party age verification service that compares
information that is available from public records to the personal information
that is entered by the person during the ordering process and that establishes
that the person is twenty‑one years of age or older.
B. A
retailer that engages in the delivery sales of an electronic smoking device as
prescribed by subsection A of this section must do the following:
1. Register
with the attorney general's office. the retailer must provide the following
information to the attorney general's office:
(a) The
individual's full name.
(b) The
retailer's trade name, if any.
(c) the
address of the retailer's principal place of business and of any other place of
business.
(d) The
telephone number for each place of business that is listed in subdivision (c) of this paragraph.
(e) The retailer's
e-mail address.
(f) The
retailer's website address.
(g) the
name, address and telephone number for any agent in this state that is
authorized to accept service on behalf of the retailer that is registering.
2. Include
on the outside of each shipping container that contains an electronic smoking
device the following warning in a clear and conspicuous manner:
Arizona law prohibits the sale of electronic smoking
devices to a person who is under eighteen years of age and requires the payment
of all applicable taxes. You are legally responsible for all applicable unpaid
taxes on these products."
Amend title to conform