Committee hears testimony on bill to allow e-cigarette vending machines; public health group opposes

The Committee on Federal and State Affairs opened a hearing on House Bill 2,094, which would amend the Kansas Cigarette and Tobacco Products Act to authorize the sale of electronic cigarettes and related devices through vending machines in locations where no person under age 21 is permitted.

Mike Hyam of the Reviser of Statutes Office summarized the bill for the committee: "House Bill 2,094 amends the Kansas cigarette and tobacco products act. And, what it does is it authorizes the sale of electronic cigarettes and vending machines," Hyam said. The bill adds electronic cigarettes to existing statutory definitions for vending-machine distributors and operators, allows vending machines to carry devices and cartridges and creates tax-reporting language for those products.

Proponent testimony came from Eric Kieser, who identified himself as the owner of two health and wellness stores. Kieser described modern vaping vending machines as compact, digitally operated units that "have ID scanners on them as well" and accept credit or debit payments rather than cash. He said the machines include cameras and recordkeeping tied to an app so the operator can track sales and tax liabilities. He told the committee the devices typically carry expiration dates of about one to two years and said modern machines can prevent underage purchases through on‑machine ID verification.

Kieser said the current vending statute written in the 1970s prevents sale of multi‑part kits (charger, battery and pod) from machines, and the bill would allow full kits and a range of closed and open vaping systems. He said the consumable tax on these products is "5¢ per milliliter, I believe," and that his machines provide sales records to support tax reporting; he added his stated profit margin on vapes is roughly "60 percent."

The American Lung Association in Kansas and Greater Kansas City opposed the bill. Sarah Primm, director of advocacy for the Lung Association, told the committee: "Ecigarette use among youth is a significant problem, and we need to be doing everything we can to prevent exposure [and] access of these products to our youth." Primm noted modern machines have digital displays and colorful marketing that could attract young people and said that, by statute, there is currently no comprehensive public registry of machine locations in Kansas. The association's written testimony and Primm's oral remarks argued vending access and unknown placement pose risks for youth exposure.

Committee members asked a range of technical and enforcement questions. Representatives sought clarity on where machines could be placed (Kieser said machines would be placed in age-restricted venues such as bars and taverns and that gas stations would instead sell products behind a counter), whether machines accept cash (Kieser: modern machines do not), whether ID verification is required by current law (Kieser: Kansas statute does not require that), and how tax compliance and inspections would work (Kieser: operators would keep invoices and centralized records for audit, similar to a retail vape shop).

Department of Revenue staff submitted a neutral written statement (identified in the transcript as "Casey"). An individual identified in the transcript as an opponent (Bobby) provided in-person testimony opposing the bill; the committee also received written testimony in support and opposition.

No committee vote on HB 2,094 was recorded in the transcript; the item remained in the hearing stage at the end of the record. The chair asked members to review written testimony and noted schedule uncertainty related to an approaching snowstorm that could affect the legislative calendar.