PHOENIX - Calling the proposed solution inadequate, Gov. Janet Napolitano on Friday vetoed legislation that would have criminalized those who buy and sell cigarettes via the World Wide Web.
Napolitano said she supports the goal of controlling Internet sale of tobacco products. The ability to order cigarettes in cyberspace opens the door to sales to minors.
And sales by computer or telephone also allow retailers to escape paying the state's sales tax.
But the governor said a better solution than this is needed.
SB 1305 would have required retailers to verify the age of a purchaser. It also would have mandated that companies shipping tobacco products into the state collect the state levy and forward the cash to the state Department of Revenue.
Napolitano noted that not all the penalties were equal.
"I object to the bill's provision making it a felony for a minor to purchase cigarettes through a delivery service, while keeping the sales and delivery of cigarettes as a petty offense," the governor wrote in her 12th veto message since taking office.
She also complained that the legislation would have allowed retailers to rely on a "commercially available data base" to determine if the would-be purchaser is of legal age - 18 in Arizona.
The governor said that sellers should have to rely on government-issued ID's.
Finally, Napolitano said, both the Department of Revenue and the state Attorney General's Office "have expressed concerns regarding the enforcement of the revenue provisions of this bill."
The governor said she is willing to work with lawmakers and tobacco sellers to come up with a more comprehensive regulatory method than in this bill.
Online sale of cigarettes banned
The government yesterday decided to ban the online sale of cigarettes to help prevent minors from smoking.
In a Cabinet meeting presided over President Roh Moo-hyun, the government approved a revision bill of the state cigarette industry law to ban the sale of cigarettes over the Internet.
Violators will be subject to fines up to 5 million won.
With the measure, even retailers who have their own cigarette stores will be prohibited from selling cigarettes in cyberspace.
The meeting also approved a revision bill of the stock trade law obligating company representatives to sign public documents to prevent false entries or omission. |