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Committee delays bill that would require licenses for electronic smoking-device sales and expand seizure authority
Summary
A House bill that would let the Alcohol, Tobacco and Cannabis Commission seize certain electronic smoking devices without a warrant and that proposes a new license requirement was tabled after committee members raised stakeholder-notification concerns.
House Bill 1241, which would authorize the executive director of the Alcohol, Tobacco and Cannabis Commission (ATC) to seize electronic smoking devices offered or sold in violation of statute without a warrant and would require a new electronic smoking device (ESD) seller license under an amendment, was discussed at length and held for further review by the Economic Matters Committee.
The committee first approved a set of technical amendments by voice vote. A second set of amendments, described in the bill packet as one that “requires an electronic smoking device license to sell ESD products” and would allow existing cigarette and other tobacco product (OTP) licensees to continue selling ESDs until their current license expires, was explained to the committee by a staff reader. Delegate Rogers was identified in the record as the author of the second amendment.
Committee members pressed sponsors on stakeholder outreach. One delegate said, “I’ve been saying this — you guys kinda sprung this on me. I’m not real happy,” and asked whether the industry had been consulted. A staff speaker responded that the bill team worked with the ATC and the Office of the Attorney General and said they had also communicated with industry representatives (several names were mentioned during the discussion as people who represent the industry).
After additional discussion about the bill’s scope and which businesses would be required to hold a license, the chair said the committee would “hold this bill” so members could “find out what’s going on.” No final passage or roll-call on the second amendment or the bill as a whole is recorded in the transcript.
Why it matters: The measure would broaden administrative authority for the ATC and create a new licensing category for sellers of ESDs. Committee members raised procedural concerns about stakeholder notice and asked for more time to review the changes before voting.
The committee’s next steps: Committee members instructed staff to follow up with stakeholders and provide clarifications; the item was held for further consideration at a later date.
