Indiana Call to Action: Multiple Indiana bills would threaten access to and use of e-cigarettes.

[noevilstar]

Indiana Senator Brandt Hershman has introduced a bill (SB 384) that would impose a tax on nicotine contained in e-cigarette liquid. Although the tax rate, $0.0083 per mg of nicotine, may seem modest, the imposition of any taxes on vapor products beyond state sales tax sends the dangerous and false message to smokers that use of these products is risky or harmful. Adoption of this bill will also set a dangerous precedent, as it is always easier for politicians to raise a preexisting tax than it is to pass a new tax.

• Take Action - Send an Email

Representative Clyde Kersey has introduced a bill (HB 1169) that alters the state’s definition of “smoking” to include “...inhalation or exhalation of vapors from an electronic cigarette.” Despite the long list of exemptions to Indiana’s smoking law, HB 1169 does not amend any of them to account for independent vapor retailers. Regardless of any language along these lines that may develop, CASAA opposes this bill on the grounds that defining “vaping” as “smoking” is a deliberate misrepresentation that harms public awareness of the benefits these products offer to adult smokers.

• Take Action - Send an Email
  
• Take Action - Make a Call

**Please note: We are currently monitoring additional legislation in Indiana. A punitive and destructive 24% wholesale tax has been proposed. However, no bill has been introduced nor has draft language been made available. As soon as we have details we will issue an update for this Call to Action.

- CASAA: Indiana Call to Action: Multiple Indiana bills would threaten access to and use of e-cigarettes.

 

[pennysmalls]

I've been watching for this, knew it was coming. Submitted emails.

 

[DingerCPA]

^^^ Me too!!!!!!!

 

[Topdogie01]

going to be pestering my facebook since illinois seems to mimic Indiana for laws like this, and it would just be a waiting game until illinois passes one "because indiana did"

 

[Bill Godshall]

Please note there is only one sponsor of each bill in Indiana.

Typically several weeks before a bill is officially introduced in a state legislature, the sponsor of the bill sends a co-sponsorship memo to all other Reps (or to all other Senators) asking other legislators if they want to be listed as cosponsors of the bill.

Don't know if Sen. Hershman or Rep. Kersey sent out a co-sponsorship memo. But if they did, nobody else wanted to be a cosponsor, indicating that their bill isn't likely to move forward in committee (unless the sponsor is a powerful legislator in the majority caucus).

I haven't been able to log onto the Indiana legislature's website all day (as it appears to be down) to find out more info on Kersey or Hershman, but it would be helpful to know more details about them (in order to assess the potential legislative threat).
Indiana General Assembly, 2015 Session

If either of these legislators is a member of their caucus leadership or is chair of the committee the bill is assigned to, the chance of passage would increase.

In sharp contrast, if a bill sponsor is NOT a member of the majority caucus (i.e. R or D) and there are no cosponsors, the bill's chances of passage are typically very slim to none.

 

[Bill Godshall]

Sen. Hershman (sponsor of the e-cig tax bill) is a Republican and is the Indiana Senate Majority Floor Leader (ouch), one of the most powerful legislators in Indiana.
Brandt Hershman | Indiana Senate Republicans

Rep. Kersey (sponsor of the vaping ban bill) is a Democrat (in a Republican controlled House of Reps.) and he's not on the Public Policy Cmte (where HB 1169 was assigned), so the bill isn't likely to be considered by the Committee's Republican Chair.
Rep. Clyde Kersey | Official Legislative Website

 

[caramel]

Moar taxes!!! Why do we need more taxes every time we Think Of The Children?

 

[squee]

This is weird, because in the original article Proposed bill would tax, include e-cigarettes in smoking ban | WANE where it talks about the 24% tax, it said that State Representative Ed Clere (R-New Albany) is authoring the legislation in the house and Patricia Miller (R-Indianapolis) will sponsor the legislation in the Senate.

And that is what is being pushed by the state AG - could that be completely different bills that haven't been filed yet? Or has that been derailed in favor of the ones that have been filed? Hmmm

 

[Bill Godshall]

Many different e-cig bills have already been introduced in many different states this year, and many more are coming.

Two identical bills were just introduced in Indiana (HB 1432 & SB 539) that would require all e-liquid manufacturers (but not cigalike e-cig manufacturers) to comply with many regulations (more stringent than AEMSA standards) and to obtain permit from the IN Alcohol and Tobacco Commission to sell e-liquid in Indiana
http://iga.in.gov/legislative/2015/bills/house/1432
http://iga.in.gov/legislative/2015/bills/house/1432#document-3744aad8
http://iga.in.gov/legislative/2015/bills/senate/539
http://iga.in.gov/legislative/2015/bills/senate/539#document-aaa9aa99

 

[Sir Pouncival]

Emails sent. Please keep us all updated to make sure we are heard. Thanks!

 

[squee]

would impose a tax on nicotine contained in e-cigarette liquid. Although the tax rate, $0.0083 per mg of nicotine, may seem modest,

Just went back to do a bit of quick maths on this - while a 30mL of 6mg would be "only" $1.49, it's about 4.50 for 18mg and 6.00 for 24mg, which are the strengths that most people start at thus presenting a higher hurdle to make the switch.

 

[caramel]

Those who cannot remember the past are condemned to repeat it.

 

[shreduhsoreus]

Emailed both and posting the CASAA link on all of the Indianapolis shops' Facebook pages I can think of.

 

[shreduhsoreus]

I just got this. Almost seems like the email link on the first page of this thread sent it to the wrong person. Not entirely sure what to think of it though.

 

[Sir Pouncival]

I received the following reply today from one of my emails:

Thank you for taking the time to express your opposition to HB 1169. The bill in its current form would add the use of electronic cigarette to the definition of smoking in order to prohibit the use in certain areas.

The bill was referred to the Public Policy Committee of which I am not a member. Should HB 1169 get a hearing in the House Chamber, I will use the time to gather more information on the topic and use that information as well as the concerns that you brought up in your email below to determine my vote. Please know that the concerns that you voiced will not go unnoticed.

Again thank you for voicing your opinion, as a State Representative I always like to know how my constituents stand on issues.

Sincerely,

Robin Shackleford
State Representative
House District 98

I'm actually surprised I received a response that quick. I hope everyone is taking a moment to voice their opinions. This isn't a comforting reply but it's important we are heard.

 

[noevilstar]

[UPDATE 1/21/15]
Two identical bills, SB 539 and HB 1432, have been introduced in the Indiana Legislature that threaten to overregulate the manufacturing of e-liquid products. These bills would prohibit the sale of any e-liquid product -- including those manufactured outside the state -- unless it is produced by a company that has procured a manufacturer’s license from the Indiana Alcohol and Tobacco Commission (ACT). Not only does this license cost $5,000, but the conditions that must be met to receive the license are unrealistic and present a substantial barrier for small- and medium-sized businesses throughout Indiana. Ultimately, these bills will severely limit consumer access to the variety of e-liquid manufactured outside the state and potentially shut down retailers and manufacturers in Indiana.

Please take action now to oppose these bills:

Take Action - Send an email
Take Action - Make a Call

**Please note: We are currently monitoring additional legislation in Indiana. A punitive and destructive 24% wholesale tax has been proposed. However, no bill has been introduced nor has draft language been made available. As soon as we have details we will issue an update to this Call to Action.

(Update 1/21/15) We are also aware of HB 1235, which is another attempt to prohibit indoor use, impose punitive taxes, and limit consumer access by not allowing businesses to sell tobacco (including e-cigarettes) if there is a pharmacy on the premises. Our assessment is that the scope of this bill is so unreasonable (some provisions include allowing employers to discriminate against nicotine users) that it will not pose a credible threat. However, we will continue to monitor HB 1235 and update this Call to Action should the need arise.

 

[pennysmalls]

Thank you for keeping us updated noevilstar. I really appreciate your time and effort.

 

[pennysmalls]

I'm copying and pasting this message left by Hoosier in the CASAA section for any Indiana vapers watching this thread.

Hoosier Vapers are hosting a meeting on fighting this legislation. Political insider Evan McMahon is the featued speaker. We have sent invites to senate and house members as well as all shops in our club's database. We expect at least 2 senators to attend. Meeting is in Indy this Sunday. See the event listing on the Hoosier Vapers Facebook page for detail. (link to FB page in sig)

Show up. Show support. This is a fight for every vaper and future vaper in Indiana.

 

[noevilstar]

UPDATED: Indiana Call to Action -

A hearing on SB 539 (unreasonable licensing regulations) in the Senate Commerce and Technology Committee is scheduled for this THURSDAY, the 29th, at 9:00 AM in Room 233 of the Indiana State Capitol Building (115 West Washington St in Indianapolis).

Please take a moment to make a call to the Chair of the committee, Senator James Buck. You can reach his office at: 1-800-382-9467

We have also put together a phone call campaign here -
Call an Official

 

[jnnfrlsw]

If anyone is interested you can watch this meeting live at Indiana General Assembly, 2015 Session
Its listed under room 233. We are into the 3rd hour already.