Fifty-fourth Legislature                                                        

First Regular Session                                                           

 

COMMITTEE ON HEALTH & HUMAN SERVICES

HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2073

(Reference to printed bill)

 


Page 1, strike lines 7 and 8

Renumber to conform

Strike lines 22 through 28

Renumber to conform

Line 31, strike "may" insert "Does"

Strike lines 33 through 40

Renumber to conform

Page 2, strike lines 1 through 15

Renumber to conform

Strike lines 18 through 24

Renumber to conform

Strike lines 31 and 32

Renumber to conform

Strike lines 35 through 44

Strike pages 3 through 5

Page 6, strike lines 1 through 6

Line 7, strike "36‑799.06." insert "36‑799.01."; strike "minor's" insert "minors'"

Line 8, strike "violation" insert "violations"; after "classification" insert "; civil penalties"

Line 10, strike the comma

Strike lines 19 through 45

Strike pages 7 and 8, insert:

"B.  Before shipping e‑liquids or vapor products in a delivery sale, the purchaser must fully pay the retailer for the purchase.  The retailer may accept payment from the purchaser by any of the following methods of payment:

1.  A check drawn on an account in the purchaser's name.

2.  A credit card issued in the purchaser's name.

3.  A debit card issued in the purchaser's name.

C.  A retailer may ship e‑liquids or vapor products only to a purchaser.  A retailer taking a delivery sale order may request the purchaser's e‑mail address.

D.  A minor who:

1.  Buys or possesses or knowingly accepts or receives an e‑liquid or vapor product from any person is guilty of a petty offense.

2.  Knowingly sells, gives or furnishes an e‑liquid or vapor product to another minor is guilty of a petty offense and shall pay a civil penalty of at least $100 or perform at least thirty hours of community restitution.

E.  A person who is not a minor or retailer and who knowingly sells, gives or furnishes an e‑liquid or vapor product to a minor is guilty of a class 1 misdemeanor.

F.  A retailer that sells, gives or furnishes an e‑liquid or vapor product to a minor is guilty of a class 1 misdemeanor and shall pay a civil penalty of not more than $500.

START_STATUTE36-799.02.  Regulation of nicotine vapor products and alternative nicotine products; state preemption

The regulation and use of nicotine vapor products or alternative nicotine products are of statewide concern and are not subject to further regulation by an agency of this state or any political subdivision of this state, including cities, towns and counties.  On and after the effective date of this section, an agency of this state or any political subdivision of this state, including cities, towns and counties, and an agency of a political subdivision of this state may not adopt any order, ordinance, rule or regulation concerning the sale, purchase, distribution, advertising, sampling, promotion, display, flavoring or other standards of nicotine vapor products or alternative nicotine products.END_STATUTE"

Amend title to conform


And, as so amended, it do pass

NANCY K. BARTO

CHAIRMAN

2073HEALTH & HUMAN SERVICES

02/14/2019

11:03 AM

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