Washington bill (6569) would tax tobacco substitutes (including e-cigs) at 95%, referred to Senate Ways and Means Cmte

[Bill Godshall]

Washington bill (6569) would tax e-cigs at 95% of taxable sales price (which is what WA taxes cigars, smokeless and smoking tobacco), and would redefine "vapor products" to be "tobacco substitutes" and "tobacco products", referred to Senate Ways and Means Cmte. It also appears that 6569 would require all e-cig retailers to obtain a state tobacco license.
SB 6569 - 2013-14

There are five Senate cosponsors of 6569, and the lead sponsor is a Republican.

For a list of OTP taxes for each state, go to:
http://www.tobaccofreekids.org/research/factsheets/pdf/0169.pdf

 

[DrMA]

Oh no! Not in my State!

Interesting how the language in these bills is pretty much identical. And funny how the ineffective NRT products from BP are always excluded from the definitions and taxes...

 

[Alexander Mundy]

I find it interesting that this appears to make potatoes, tomatoes, sweet and hot peppers, eggplant, tomatillos, tamarios, pepinos, pimentos, paprika, cayenne peppers, etc. a tobacco product with a 95% tax those items and a gross misdemeanor to sell or give them to persons under the age of 18.

Sec. 1. RCW 26.28.080 and 2013 c 47 s 1 are each amended to read as follows:

Every person who sells or gives, or permits to be sold or given, to any person under the age of eighteen years any tobacco product is guilty of a gross misdemeanor.

It is not a defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.

For the purposes of this section, "tobacco product" means: Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means; and Any electronic device that can be used to deliver nicotine or other substances to, the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.

Notwithstanding any provisions of (a)(i) and (ii) of this subsection to the contrary, "tobacco product" includes any component, part, or accessory of a tobacco product whether or not it is sold separately. "Tobacco product" does not include any product that has been approved by the United States food and drug administration for tobacco cessation or other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.

 

[Talyon]

Nicely ^^^^^ Put.....

(from a dark alley) Psssssst, I've got some cayenne over here, u wanna buy some?

 

[JustJulie]

CASAA has issued a Call to Action for Washington:

CASAA: Call to Action! Washington Bill to Impose Excessive 95% Tax on E-Cigarettes

 

[Rickajho]

I find it interesting that this appears to make potatoes, tomatoes, sweet and hot peppers, eggplant, tomatillos, tamarios, pepinos, pimentos, paprika, cayenne peppers, etc. a tobacco product with a 95% tax those items and a gross misdemeanor to sell or give them to persons under the age of 18.

Sec. 1. RCW 26.28.080 and 2013 c 47 s 1 are each amended to read as follows:

Every person who sells or gives, or permits to be sold or given, to any person under the age of eighteen years any tobacco product is guilty of a gross misdemeanor.

It is not a defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.

For the purposes of this section, "tobacco product" means: Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means; and Any electronic device that can be used to deliver nicotine or other substances to, the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.

Notwithstanding any provisions of (a)(i) and (ii) of this subsection to the contrary, "tobacco product" includes any component, part, or accessory of a tobacco product whether or not it is sold separately. "Tobacco product" does not include any product that has been approved by the United States food and drug administration for tobacco cessation or other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.

Wow could that be any more transparent. And obvious. The ultimate revenge of vaping may turn out to be : 1.) It actually works - unlike the FDA approved crap that gets a free lunch in this tax ride. 2.) We already have seen people who can quit vaping for extended periods of time - up to two years in some cases reported on ECF - without relapsing into tax generation - cough, cough - smoking.

You don't want people smoking and you want your tax revenue too? Washington may find out you can't have it both ways when it comes to vaping.

 

[claudebo]

CALL ME NUTS but

Why do we as a society:

pay for methadone to ...... addicts
give disability benefits to alcoholics
condoms to anybody
etc etc

Then go and tax something that may actually help
the remaining 18% hard core smokers.

Seems to me we should be giving e-cigs out
Would that not be a benefit to society.
GRRRRRRRRRrrrrr, have to go find my MVP

 

[twgbonehead]

As a comparison, what is their tax rate on cigarettes?

 

[Alexander Mundy]

As a comparison, what is their tax rate on cigarettes?

Googlefu

Cigarette tax

"The cigarette tax rate for a carton of cigarettes is $30.25.

In addition to the cigarette tax, cigarettes are also subject to sales or use tax."

 

[ImperfectFuture]

The problem with the state, just gave out tons of tax bennies to Boeing, won't institute an income tax, so must rely on sales tax. Yes, most folks want to quit. That's a big loss in revenue when they do (for instance, in regards to people on disability - two classes of medical care. Medicaid paid by the state, free smoking cessation help with nrts, counseling,etc. Medicare only -you make $40 too much a month to qualify for other - Feds pay for medical care, no quit smoking help, no dental care, etc). The state protects the state.

They will come up with something catchy to get it passed (someone should already be looking at some ballot action and petitions), like this money will be used to help smokers quit. And just like the last time they did the cigarette (sin) taxes, they decided the state was too broke, and used the quit smoking money for other purposes (unless you are on Medicaid). A very selfish state indeed.

 

[ImperfectFuture]

PS, now is the time to plan your reduction methods to 0 nic. Best practice, sell all flavors 0 nic, and varying bottles of nic levels. Most cost effective method. Sell your equipment with 0 nic samples. Since e cigs deliver 0 nic also, there's always a loophole.

 

[DrMA]

I submitted an official comment on the bill, which will be visible to all legislators. This is all the 1000 characters allowed on the form.

BILL: 6569 (Oppose)
MESSAGE: I am a Washington resident and would like to OPPOSE Senate Bill 6569 because it would it would protect tobacco cigarette markets, and do nothing to protect public health. While high cigarette taxes may be justified by some as necessary to cover governmental healthcare expenditures caused by smoking and encourage smokers to quit smoking, trying to impose similar levels of tax on reduced risk products like e-cigarettes is unwarranted and would do great harm to public health.
- E-cigarettes are estimated to be at least 100 times safer that smoking tobacco. Given the low risks, imposing ANY additional tax on e-cigarettes is not only completely unjustified, but abusive, arbitrary, and capricious.
- The low risks of e-cigarettes are supported by a growing body of scientific evidence: Learn About Electronic Cigarettes
- Imposing such taxes on e-cigarettes could have devastating effects on many Washington small businesses, and would result in the loss of related jobs
RESPONSE: You have requested a response from Sen. Mark Mullet, Rep. Jay Rodne, Rep. Chad Magendanz

 

[DavidOck]

Still wondering why this alert hasn't seen it's place in the action alerts up top? I brought it up in the Where's my WA vapers thread, and this thread got moved off the beaten track...

 

[DrMA]

I'm guessing because it's not an outright ban like some of the other bills?

 

[Neloish]

I have emailed all of the reps on casaa call to action page, I really wish this would get more traction, why cant the mods post a call to action on the front page?

 

[sonicdsl]

I have emailed all of the reps on casaa call to action page, I really wish this would get more traction, why cant the mods post a call to action on the front page?

I've pinged Rolygate & Smokey Joe about it - they are the only ones that have that particular function.

 

[DavidOck]

I've pinged Rolygate & Smokey Joe about it - they are the only ones that have that particular function.

Thanks! Now we all just have to remember that they're only people with lives

 

[Neloish]

Got a reply from the aid.

"Timothy,

Thank you for contacting Senator Roach in opposition to SB 6569 -Clarifying laws relating to tobacco substitutes. The bill is in Ways and Means and has not been scheduled for hearing to date. I don't know if this bill will be considered as a piece of legislation that is NTSB (necessary to implement the state budget) or not.

Historically, Senator Roach has not been one to favor any taxes or fees without the input of citizens.

Constituent calls, emails and hotlines do make a difference.

Sincerely,


Cheryl Marshall
L.A. to Pam Roach
State Senator
112 Newhouse Building
P.O. Box 40431
Olympia, WA 98504
360-786-7660
Toll free legislative hotline 1-800-562-6000
Visit Senator Roach's website"

Interesting.

 

[5cardstud]

And a new black market might be formed. I hate government more every yr. I'm alive. They stoop to nothing for the almighty buck. It surprises me that felons can't hold public office because the government and convicts think so much alike.

Anyway I submitted my email to them and I edited out all the things I'd like to say so it was nice.

 

[VapieDan]

Washington bill (6569) would tax e-cigs at 95% of taxable sales price (which is what WA taxes cigars, smokeless and smoking tobacco), and would redefine "vapor products" to be "tobacco substitutes" and "tobacco products", referred to Senate Ways and Means Cmte. It also appears that 6569 would require all e-cig retailers to obtain a state tobacco license.
SB 6569 - 2013-14

There are five Senate cosponsors of 6569, and the lead sponsor is a Republican.

For a list of OTP taxes for each state, go to:
http://www.tobaccofreekids.org/research/factsheets/pdf/0169.pdf

The money grab is on. The legislators have a new sitting duck. Kind of like watching a predator circling the wounded prey. Best of all coming to state near you!