Unfortunately, Conference Committee Substitute for HB 2097 failed to pass today by a vote of 29-66, with 6 not voting. The whole thing must have taken 2 1/2, 3 hours, as many reps (mostly Democrats, but a few Republicans) stood up and just railed against this bill because of the support it has from the tobacco industry.
Of the approximately 30 Democrats in the House, only 3 voted for HB 2097: Joe Dorman (Rush Springs), R.C. Pruitt (Antlers), and Emily Virgin (Norman). Republican votes were about half and half.
The House voted to send the bill back to conference with the instruction to amend the bill so that it only bans sales of vapor products and tobacco-derived products to minors. This won't happen until 2014 though.
Despite the disappointment, there is some good news
- The failure of HB 2097 changes nothing regarding the current status of e-cigarettes and their ability to be sold to adult consumers in Oklahoma.
- Virtually all of the opposition to HB 2097 came because of the tax cut on snus. It was just too much for them, especially with the heavy lobbying by the Cancer, Lung, and Heart groups.
- Additionally, there was a lot of ill will about the procedure this bill took. Remember, we killed SB 802 over a month ago when it was a bad bill, and this excellent second version did not go through the typical legislative process. If I was in their position, not knowing everything I do about harm reduction, I may have been a bit peeved as well.
- I don't think a single legislator said a bad word about e-cigarettes. One rep, either Dank or Shelton, read a quote from a letter saying that there is no proof e-cigarettes or smokeless tobacco are effective quit aids. Rep. Jackson, who deserves a big round of applause for his usually cogent defense of the bill on the House floor, then proceeded to read quotes from this study
Elsevier
- RJR learned a lot from this fight. Not enough to necessarily give up on their quest to get small taxes placed on e-cigarettes (as evidenced by South Carolina), but they now know that the same vapers who have been very successful in batting back nannies can also mobilize effectively to fight the tobacco industry