Kentucky bill (HB 267) would ban e-cig sales to minors, but require reporting of e-cig sales to retailers

[Bill Godshall]

Kentucky bill (HB 267) would ban e-cig sales to minors, but Section 6 would also require reports to be submitted by those who sell e-cigs to KY retailers, while Sections 14 - 17 of the bill would allow the courts to impose harsh sanctions against youth who are caught with an e-cig (including removing custody from the parents)
14RS HB267

I suggest the bill would be much better if Section 6, and Sections 14-17 of the bill were deleted.


Page 5 of the bill
[h=1]Section 6. KRS 438.320 is amended to read as follows:[/h]Each resident wholesaler, nonresident wholesaler, or subjobber making tobacco products or e-cigarettes available to a retail establishment for sale or distribution shall report the name and address of the owner of the retail establishment to the Department of Alcoholic Beverage Control in a manner specified by administrative regulations promulgated pursuant to KRS Chapter 13A.


Beginning on page 9 (through the end of the bill)
[h=1]Section 14. KRS 600.020 is amended to read as follows:[/h]As used in KRS Chapters 600 to 645, unless the context otherwise requires:

 

[rothenbj]

"Sections 14 - 17 of the bill would allow the courts to impose harsh sanctions against youth who are caught with an e-cig (including removing custody from the parents)"

Those kids better keep on smoking.

 

[Bill Godshall]

Three more bills have been introduced in Kentucky that would ban sales of e-cig products to minors

Kentucky bill (SB 109) would ban “alternative nicotine product” and “vapor product” sales to minors (and their definitions include all e-cig products as well as other new tobacco/nicotine products). This is the best of the four introduced bills.
14RS SB109

Kentucky bill (HB 299) would ban “vapor product” sales to minors (but bill's definition of "vapor product" doesn't include e-liquid, and HB 299 also includes Section 6 in HB 267 requiring all e-cig companies to report all retailers in state that sell their products)
14RS HB299

Kentucky bill (SB 112) would ban “e-cigarette” sales to minors. This bill is nearly identical to the first part of HB 267, including Section 6 in HB 267 (that requires e-cig companies to report names of all retailers that sell their products), but doesn't include the unwarranted punitive sanctions against minors that are in Sections 14-17 of HB 267)
14RS SB112

 

[Bill Godshall]

Another bill was introduced in the Kentucky House (HB 309) to ban e-cig sales to minors by defining "tobacco" as including e-cigs, referred to the House Licensing and Occupations Cmte.
14RS HB309

This bill doesn't contain the punitive sanctions against youth that are in HB 267.

 

[Bill Godshall]

SB 109 was referred to the KY Senate Judiciary Cmte
14RS SB109

SB 112 was also referred to the KY Senate Judiciary Cmte
http://www.lrc.ky.gov/record/14RS/SB112.htm

I urge all Kentucky vapers and vendors to contact Judiciary Cmte members urging support for SB 109.
Committee Members

 

[Roger_Lafayette]

http://www.lanereport.com/29761/2014/02/bill-to-regulate-e-cigarettes-clears-house-panel/ reports that HB 309 - originally crafted as a bill to restrict the sale of vaping products to minors - may also be a basis for applying the tobacco products tax:

Rep. Brad Montell, R-Shelbyville, questioned whether e-cigarettes would be taxed as tobacco products if redefined under HB 309. Jenkins said that would be up to the House Appropriations and Revenue Committee, which is now working on a state budget proposal for the next two years.

Concerns about how broadly the legislation could be interpreted were expressed by Rep. Adam Koenig, R-Erlanger, who asked Jenkins, “… why don’t we just have a bill that said, e-cigarettes: You can’t buy them if you’re 18.”

Bill is now ready for the House floor, according to the article. See also:

http://
wkyufm.org/post/house-bill-aims-restrict-sales-e-cigarettes-minors (link broken due to dubious link in article to NPR story this week on minors)

and:

Capitol Notes: E-cigarette bill clears House panel, would be regulated as tobacco products | KyForward.com

 

[Bill Godshall]

The KY House Licensing and Occupations Cmte has approved HB 309
14RS HB309

 

[Bill Godshall]

Kentucky Senate passes bill (SB 109) banning sales of “vapor products” and “alternative nicotine products” to minors, sent to Governor
14RS SB109

 

[Bill Godshall]

Kentucky Governor Beshear signs bill (SB 109) banning sales of “vapor products” and “alternative nicotine products” to minors
14RS SB109