Fifty-fifth Legislature                                                  Commerce

First Regular Session                                                   S.B. 1496

 

PROPOSED

SENATE AMENDMENTS TO S.B. 1496

(Reference to printed bill)

 


Page 4, strike lines 25 through 29

Renumber to conform

Page 7, line 1, strike the colon

Strike lines 2 through 12, insert "has the same meaning prescribed in section 13-3622."

Page 8, after line 44, insert:

“9. Conduct at least one unannounced compliance check annually of a retail establishment licensed pursuant to chapter 4 of this title. The department shall conduct compliance checks by engaging persons who are at least eighteen years of age but under the legal tobacco products and vapor use age to enter the licensee's establishment to attempt to purchase tobacco or vapor products. Unannounced follow-up compliance checks of all noncompliant licensees shall be conducted within three months after a violation of this article.”

Page 12, line 3, strike "32" insert "31"

Page 26, line 40, strike “law enforcement agencies” and insert “the department”

Lines 43 and 44 strike “law enforcement agency” insert “department”

Page 27, line 7, strike “fifteen” insert “eighteen”; strike “not more than nineteen years"

Line 8, strike “of age” insert “under the legal tobacco and vapor use age”

Line 30, strike “section” insert “chapter”; strike “limit the role of” insert “apply to”

After line 44, insert:

“2. A person is convicted of a violation of section 13-3622 based on a citation issued by the Arizona attorney general’s office.”

Renumber to conform

Page 30, line 2, after "agency" insert “or the Arizona attorney general’s office”

Page 31, line 39, after the comma strike remainder of line

Strike line 40

Line 41, strike “this article.” insert “if a licensee or a licensee's representative, agent or employee violates this article or section 13-3622 or 36-798.02, the licensee is subject to the following penalties:

1. For a first violation, the licensee and the licensee's representative, agent or employee cited in the violation must attend an education class if available.  If an education class is not available, the licensee is subject to a civil penalty of not more than $500.

2. For a second violation within a thirty-six month period, a civil penalty of at least $500 but not more than $750.

3. a third violation within a thirty-six month period, a civil penalty of at least $750 but not more than $1,000.  The director may suspend the retail license for up to seven days.

4. For a fourth violation within a thirty-six month period, a civil penalty of at least $1,000 but not more than $3,000.  The director may suspend the retail license for up to fourteen days.

B."

Reletter to conform

Page 34, strike lines 1 through 7

Renumber to conform

Line 17, after the second quotation mark insert a colon

Line 18, after "Means" strike remainder of line

Strike lines 19 through 28, insert "a noncombustible tobacco-derived product containing nicotine that employs a mechanical heating element, battery or circuit, regardless of shape or size, that can be used to heat a liquid nicotine solution contained in cartridges. Vapor product"

Page 35, strike line 38

Renumber to conform

Page 36, strike lines 15 through 19

Renumber to conform

Page 38, line 4, strike the colon

Strike lines 5 through 15, insert “has the same meaning prescribed in section 13-3622."

Page 43, strike lines 4 through 10

Renumber to conform

Line 29, strike ":"

Strike lines 30 through 40, insert “has the same meaning as prescribed in section 13-3622."

Page 47, line 36, after “4-101” insert a period strike remainder of line

Strike lines 37 through 45

Page 48, strike lines 1 through 14

Amend title to conform


 

 

J.D. Mesnard

 

14960433.docx

02/16/2021

04:33 PM

S: LB/gs