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Minutes for HB2269 - Committee on Federal and State Affairs
Short Title
Amending the Kansas cigarette and tobacco products act to raise the minimum age to 21 years old for the sale, purchase or possession of cigarettes, electronic cigarettes or tobacco products.
Minutes Content for Thu, Feb 9, 2023
Chairperson Carpenter opened the hearing on HB2269 (Attachment 1) . The revisor provided an overview of the bill. Questions were asked by Representatives Highberger, Sanders, and Kessler.
Chairperson Carpenter recognized Representative Eplee who testified in support of HB2269 (Attachment 2). He stated that in 2019, federal law raised the legal age for consumption of all tobacco products to the age of 21. HB2269 simply provides the language necessary to put the State of Kansas in conformity with federal law. If this bill is not passed, Kansas will lose ten percent of SABG/SAMHSA grants from the federal government. The feds further retain the right to increase the withheld percentage if a state remains noncompliant. Questions were asked by Representatives Sanders and Humphries.
Kasey Skidmore was recognized as a proponent on HB2269 (Attachment 3). She stated that the Department of Revenue (KDOR) is paid by the federal government to carry out enforcement of the cigarette and tobacco laws. KDOR cannot fulfill its end of the enforcement without the state changing the age to 21. Without this change, the federal government can withhold funding for state enforcement. This puts KDOR at risk of losing funding in the amount of $1.2 million. As a result, enforcement of the cigarette and tobacco laws under this program would cease. A question was asked by Representative Kessler. Chairperson Carpenter asked the proponent to provide the amount KDOR receives from the federal government.
Chairperson Carpenter recognized Andrew Brown as a proponent on the bill (Attachment 4). He stated that the Kansas Department for Aging and Disability Services (KDADS) received over $12 million in substance abuse and prevention treatment Block Grant fund in FY22. Noncompliance with the federal law will result in $1.2 million in lost revenue annually. He would urge the Committee to pass this bill so they do not lose that funding. A question was asked by Representative Howell.
Chairperson Carpenter directed the Committee's attention to the written proponent testimony of Katrina Abraham, Greater Kansas City Chamber of Commerce (Attachment 5); Chrissy Mayer, DCCCA (Attachment 6); Kevin Gregg, FuelTrue Independent Energy and Convenience (Attachment 7); Lauren Tice Miller, KNEA (Attachment 8); Dr. Dena Hubbard, Kansas Chapter, American Academy of Pediatrics (Attachment 9); Tara Mays, Kansas Hospital Association (Attachment 10); and Dr. Roy Jensen, University of Kansas Cancer Center (Attachment 11).
Chairperson Carpenter recognized Sara Prem as a neutral on HB2269 (Attachment 12). She stated that the Tobacco Free Kansas Coalition is neutral on this, but it would like to see the penalties imposed on youth removed for purchasing and possessing tobacco products because our children should not be held accountable for our failure to protect them. It also recommends the addition of e-cigarettes to the definitions of "smoke" and "smoking." Secondhand vape aerosol particles are harmful to people who inhale them because they contain a variety of harmful chemicals. Questions were asked by Representatives Eplee, Kessler, and Sanders. Representative Kessler requested statistical information regarding the success of the youth initiative programs.
Kari Rinker testified as a neutral on HB2269 (Attachment 13). She stated that the American Heart Association is neutral on HB2269, but thinks that the penalties for youth possession of tobacco and e-cigarettes should be removed. It also thinks there should be some updates to the definitions of tobacco. Questions were asked by Representatives Sanders, Highberger, and Chairperson Carpenter.
Chairperson Carpenter closed the hearing on HB2269.
NOTE: Following the hearing, Sara Prem provided the statistical information requested by Representative Kessler (Attachment 14).
The meeting was adjourned at 9:40 a.m.
