The Wyoming House defeated Senate File 107, a bill concerning taxation and a state ``directory'' of e‑cigarette and vaping products, on third reading after a contentious debate over federal preemption and exemptions for refillable vaping systems.
Representative Davis moved third‑reading amendment No. 2, which she described as a compromise aimed at exempting open, refillable vaping systems used by vape shops while keeping disposable flavored products subject to federal deadlines. ``By creating this loophole, the bill becomes ineffective and indeed is a carve out for the largest tobacco company in the world,'' Representative Davis said. She urged members to support the amendment and the bill to give the state a regulatory mechanism rather than leaving enforcement solely to federal agencies.
The core dispute was whether language adopted earlier in the session put the state in conflict with federal law and Food and Drug Administration (FDA) enforcement. Representative Davis argued the earlier amendment “puts this bill directly in conflict with U.S. Code” and that a state approach might better protect youth than federal action alone. Other members said the bill had become too complicated after successive amendments and required more study with public health officials and local businesses.
Representative Provenza said the amendment showed the bill was ``not ready for prime time'' and suggested the matter be studied further with stakeholders. Representative Ginn said she could not see how the proposed new definition would meaningfully affect the bill and urged colleagues to vote no on the amendment and on the bill. Representative Singh described different device designs and argued that exempting one delivery method over another would leave an inconsistent registry.
The House called division votes on the amendment. Third‑reading amendment No. 2 was recorded in a subsequent tally as failing 23 to 34. After Representative Newsom moved third‑reading amendment No. 1 and then withdrew that motion, the House proceeded to the final question on passage. On the roll call for the bill itself, the clerk recorded 6 ayes and 56 noes; Senate File 107 therefore failed to pass the House.
The debate repeatedly framed the legislation as a balance between public‑health concerns about flavored disposable vapes being found in schools and economic concerns from small vape shop owners who use open, refillable systems. Several members urged more time for stakeholders and public health officials to weigh in before adopting a statewide approach.
Votes and formal actions from the floor record:
- Third‑reading amendment No. 2 to Senate File 107 — mover: Representative Davis — outcome: failed; recorded tally 23 yes, 34 no (division called); note: initial voice vote indicated adoption then division reversed that result in the formal tally.
- Final passage vote on Senate File 107 — outcome: failed; roll call recorded 6 yes, 56 no.
Representative list (quotes and attributions used in this article): Representative Davis (mover, amendment No. 2), Representative Provenza, Representative Ginn, Chairman Brown, Representative Penn, Representative Singh, Representative Yin, Representative Newsom.
Why it matters: The vote leaves in place the status quo on sales and registration of flavored and disposable vaping products in Wyoming while highlighting a statewide split between lawmakers seeking stronger state action and those urging more study and alignment with federal enforcement.
A next step noted on the floor: members said the issue could return in future sessions, and several speakers urged interim work with public health officials and local businesses before reintroducing similar language.