2001 REGULAR SESSION (71st)                                                                             A SB527 189

Amendment No. 189

 

Senate Amendment to Senate Bill No. 527                                                                       (BDR 32‑1326)

Proposed by: Committee on Taxation

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:              Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend the bill as a whole by renumbering sections 1 through 3 as sections 2 through 4 and adding a new section designated section 1, following the enacting clause, to read as follows:

     “Section 1. NRS 370.025 is hereby amended to read as follows:

     370.025  “Contraband cigarettes” means any cigarettes :

     1.  Acquired, sold, held, owned, possessed, constructively possessed, transported, exported from or imported into this state by any person in violation of [any of the provisions of this chapter or which] a state or federal law; or

     2.  Which are, in any way, held in the possession or constructive possession of any person not authorized under this chapter to possess or constructively possess these cigarettes.”.

     Amend the bill as a whole by renumbering sections 4 and 5 as sections 8 and 9 and adding new sections designated sections 5 through 7, following sec. 3, to read as follows:

     “Sec. 5. NRS 370.410 is hereby amended to read as follows:

     370.410  Any person acquiring, selling, holding, owning, transporting, exporting, importing, possessing or constructively possessing contraband cigarettes is guilty of a gross misdemeanor.

     Sec. 6. NRS 370.415 is hereby amended to read as follows:

     370.415  [The] Except as otherwise provided in subsection 4 of NRS 370.270, the department, its agents, sheriffs within their respective counties and all other peace officers of the State of Nevada shall seize , confiscate and destroy any contraband cigarettes found or located in the State of Nevada.

     Sec. 7. Chapter 370A of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Except as otherwise provided in subsection 2, a person may institute a civil action in a court of competent jurisdiction for appropriate injunctive relief if the person:

     (a) Sells, distributes or manufactures cigarettes; and

     (b) Sustains direct economic or commercial injury as a result of a violation of the provisions of this chapter.

     2.  Nothing in this section authorizes an action against this state, a political subdivision of this state, or an officer, employee or agency thereof.”.

     Amend the title of the bill, fifth line, after “States;” by inserting:

“expanding the definition of contraband cigarettes; expanding the scope of prohibited activities with regard to contraband cigarettes; requiring certain contraband cigarettes to be confiscated and destroyed; providing for a private right of action for injunctive relief regarding a violation of chapter 370A of NRS;”.

     Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing contraband cigarettes, licensing and taxation of cigarette dealers and enforcement of statutes regarding cigarettes. (BDR 32‑1326)”.