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Aug. 17, 2022
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Minutes for HB2563 - Committee on Federal and State Affairs

Short Title

Increasing the minimum age to purchase or possess cigarettes and tobacco products from 18 to 21; prohibiting cigarette vending machines and flavored vaping products.

Minutes Content for Thu, Feb 20, 2020

Chairperson Barker directed the Committee to open their folders on HB2563.  He called for the Committee's pleasure. 

Chairperson Barker stated that he received a letter from LOGIC today which has to do with vaping.  He will have the Committee Assistant distribute a copy to the Committee (Attachment 1).  He stated that the Committee should also have a copy of a memo from Jordan Milholland, Senior Research Analyst, relating to tobacco enforcement grant moneys (Attachment 2) .

Representative Eplee moved that HB2563 be recommended favorably for passage, seconded by Representative Karleskint.

Chairperson Barker moved to amend HB2563 with Balloon Amendment No. 1, seconded by Representative Eplee

Chairperson stated that this amendment changes HB2563 to follow the federal guidelines on the vaping and e-cigarettes.  It would prohibit the sale of all flavored vapor products except in cases where a manufacturer can prove that a complete premarket tobacco product application (PMTA) has been approved by the Food and Drug Administration (FDA). 

The Revisor explained Balloon Amendment No. 1 (Attachment 3).  Questions were asked by Representatives Carpenter, Ruiz, Houser, Highberger, Lusk, and Awerkamp.  Comments were made by Representative Eplee.

Chairperson Barker closed on his motion.  A vote was taken, and  Amendment No. 1 to HB2563 was passed.

Chairperson Barker moved to amend HB2563 with Balloon Amendment No. 10 (Attachment 4), seconded by Representative Resman

Chairperson Barker stated that presently under Kansas law if a minor gets stopped with tobacco products on him, the police have the authority to cite him with an infraction and he must appear in court with his parents.  There is an exception for the 18-21 year-olds.  This language was taken out in the original bill.  The advocates for taking it out wanted to let the schools handle it, but he felt the schools have enough to do already, plus children are not in school year-round and they are only in school eight hours a day.   All this amendment does is go back to existing law. Questions were asked by Representative Humphries.  Representative Resman had some concerns.  Representative Eplee made comments about this amendment.

Chairperson Barker closed on his motion.  A vote was taken, and Balloon Amendment  No. 10 failed to pass.

Representative Carpenter moved to amend HB2563 with Balloon Amendment No. 5 (Attachment 5), seconded by Representative Jacobs

Representative Carpenter stated Balloon Amendment No. 5  returns the fees on a retailer dealer's license from $100 back down to $25, where it currently is and has been for some time.  There was discussion on the amendment.

Representative Carpenter closed on the motion.  A vote was taken, and the Chair stated the nays had it.  Division was called by Representative Carpenter.  A vote was taken by a show of hands.  There were eleven yea votes and nine no votes.  Balloon Amendment No. 5 was passed.

Representative Carpenter moved to amend HB2563 with Balloon Amendment No 7  (Attachment 6), seconded by Representative Arnberger

Representative Carpenter stated that this amendment amends the Kansas Clean Air Act by ending Kansas' law that bans indoor smoking for all private businesses and entities but did not do in the state-owned casinos.  What this does is bring Kansas in line with the rest of the businesses in Kansas so that smoking is not allowed inside those facilities. 

The Revisor stated that Balloon Amendment No. 7 would strike the exemption for gaming floors under the Kansas Indoor Clean Air Act on page 5 and correspondingly the definition is stricken on page 2 as it would no longer be necessary.

There was no discussion.  Representative Carpenter closed on his motion.  A vote was taken, and the ayes had it.   Balloon Amendment No. 7 was passed.

Representative Carpenter moved to amend HB2563 with Balloon Amendment No. 8 (Attachment 7), seconded by Representative Arnberger

Representative Carpenter stated Balloon Amendment No. 8 enacts a preemption law for tobacco law and makes the state legislative the entity that concerns itself with all tobacco matters in the state.  This provides continuity so that all municipalities and counties will be operating under one law.

The Revisor stated that Balloon Amendment No. 8 would add a new section to the Kansas Cigarette and Tobacco Products Act prohibiting any city, county, or any subdivision thereof from enacting any local law that is in conflict with or preempted by the state policy expressed in the Cigarette and Tobacco Products Act. 

Discussion followed between Representatives Ruiz, Lusk, Highberger, Stogsdill, Eplee, and Carpenter. 

Representative Carpenter closed on Amendment No. 8.  An oral vote was taken, and the nos had it.  Balloon Amendment No. 8 to HB2563 failed to pass.

Representative Carpenter moved to amend HB2563 with Balloon Amendment No. 6 (Attachment 8), seconded by Representative Burris

Representative Carpenter stated that Balloon Amendment No. 6 provides for a military exemption to purchase tobacco products.  If a person has a military I.D. and is 18, 19, or 20 years of age, they will be permitted to purchase tobacco products in the state.

The Revisor stated that Balloon Amendment No. 6 would create an exception to the 21-year-old age limit for persons who are at least 18 years of age and who can present at the time of purchase an identification card issued by any branch of the United States Military or the Kansas National Guard. 

Discussion followed.  Representative Carpenter then withdrew Balloon Amendment No. 6, with the consent of Representative Burris.  Balloon Amendment No. 6 to HB2563 was withdrawn

Representative Carpenter moved to amend HB2563 with Balloon Amendment No. 9 (Attachment 9), seconded by Representative Burris

Representative Carpenter stated that Balloon Amendment No. 9 allows, at the time of enactment, the individuals who are 18 years old to be grandfathered in.  A person who is 17 years old at the time of enactment will not be able to purchase tobacco products until they are 21 years of age. 

The Revisor stated that Balloon Amendment No. 9 would replace the under age 21 prohibition with a prohibition against selling to any persons who are not of legal age to purchase the regulated products, and that definition appears on page 8 of the balloon amendment.  The legal age to purchase such products for persons born before July 1, 2002 -- meaning those who are already 18 years of age as of July 1 of 2020 -- will still fall under current law and be able to purchase the regulated products, but any persons born after July 1, 2002 would have to be 21 years of age to purchase and receive the tobacco products.

Discussion followed.  Chairperson Barker stated he had trouble with this amendment because it would be hard for the retailers to enforce.  He intends to offer an amendment later to delay implementation of this bill for a year so that people will know it is coming and would have a year to quit smoking. 

Representative Carpenter closed on Balloon Amendment No. 9.  An oral vote was taken, and the Chair stated the nos had it.  Division was called by Representative Carpenter, and a vote was taken by a show of hands.  There was a tie with ten aye votes and ten no votes.  The Chair voted no.  Balloon Amendment No. 9 to HB2563 failed to pass.

Representative Woodard moved to amend HB2563 with Balloon Amendment No. 11 (Attachment 10), seconded by Representative Awerkamp

Representative Woodard stated Balloon Amendment No. 11 would add non-nicotine vaping products to the Kansas Indoor Clean Air Act.  

The Revisor stated Balloon Amendment No. 11 would amend the Kansas Clean Indoor Air Act to add the definition of "E-liquid" as substances that are used in electronic cigarettes that do not contain nicotine.  It further defines the tobacco shop to include the sale of electronic cigarettes and e-liquids or any combination of those.  There is an exemption under the Clean Indoor air Act for tobacco shops.  If a shop is primarily selling e-cigarettes and e-liquid products, they would qualify under that tobacco shop exemption.

Discussion followed.

Representative Woodard closed on his motion.  A vote was taken, and Balloon Amendment No. 11 was passed

Representative Thomas moved to amend HB2563 with Balloon Amendment No. 3 (Attachment 11) , seconded by Representative Carpenter

Representative Thomas stated that Balloon Amendment No. 3 strikes out the flavored vaping on page 19, lines 26-29.  It gets rid of the ban on all flavored e-cigarette products. 

The Revisor stated that Balloon Amendment No. 3 would remove the unlawful practice of selling flavored consumable material from the bill so it would be lawful to sell any flavored consumable material under state law.  Since this amendment is later in time, it would strike all those provisions that were in Balloon Amendment No. 1. 

Discussion followed.  The Revisor explained that the provisions in Balloon Amendment No. 1 relating to flavored consumable materials that require an FDA clearance order to sell consumable materials would be stricken from the bill if  Balloon Amendment No. 3 is adopted.

Further discussion followed. 

Representative Thomas withdrew Balloon Amendment No.3 with the consent of Representative Carpenter.

Chairperson Barker moved to amend HB2563 with a technical amendment (Attachment 12), seconded by Representative Lusk

The Revisor stated that the technical amendment cleans up a few typographical errors that needed to be made in the underlying bill. 

An oral vote was taken.  The technical amendment to HB2563 passed.

Chairperson Barker moved a conceptual amendment to HB2563 changing the effective date to July 1, 2021, seconded by Representative Ruiz

Following discussion, an oral vote was taken.  The conceptual amendment to HB2563 passed.

Comments were made by Representatives Eplee, Highberger, and Ruiz.

Representative Eplee moved that HB2563, as amended, be recommended favorably for passage, seconded by Representative Ruiz.

There being no discussion, an oral vote was taken.  The Chair stated the ayes had it.  HB2563, as amended, was favorably passed.

Representatives Houser, Carpenter, Jacobs, and Burris asked to have their no votes recorded,

Chairperson Barker asked if there were any requests for bill introductions.  There were none.

There being no further business, the meeting was adjourned at 10:20 a.m.