Amendments for HB22-1064
House Journal, March 18
16 HB22-1064 be amended as follows, and as so amended, be referred to
17 the Committee on Finance with favorable
18 recommendation:
19
20 Amend printed bill, page 7, line 12, strike "add (4.5)" and substitute
21 "amend (1); and add (1.3), (1.5), (4.5), (5.5), (9.5)".
22
23 Page 7, after line 15 insert:
24
25 "(1) "Cigarette, tobacco product, or nicotine product" has the same
26 meaning as provided in section 18-13-121 (5) (a) "AGE-RESTRICTED
27 PREMISES" MEANS A RETAIL LOCATION AT WHICH A CUSTOMER, IN ORDER
28 TO ENTER THE RETAIL LOCATION, MUST PRESENT TO THE OWNER OR AN
29 EMPLOYEE AT THE ENTRANCE TO THE PREMISES, A VALID
30 GOVERNMENT-ISSUED PHOTOGRAPHIC IDENTIFICATION THAT
31 DEMONSTRATES THAT THE CUSTOMER IS TWENTY-ONE YEARS OF AGE OR
32 OLDER.
33 (b) "AGE-RESTRICTED PREMISES" INCLUDES A RETAIL LOCATION
34 THAT MEETS THE REQUIREMENTS OF SUBSECTION (1)(a) OF THIS SECTION
35 AND AT WHICH CUSTOMERS CONSUME CIGARETTES, TOBACCO PRODUCTS,
36 OR NICOTINE PRODUCTS ON PREMISES, SUCH AS A HOOKAH LOUNGE OR
37 CIGAR-TOBACCO BAR, AS DEFINED IN SECTION 25-14-203 (4).
38 (c) "AGE-RESTRICTED PREMISES" DOES NOT INCLUDE A RETAIL
39 LIQUOR STORE AS DEFINED IN SECTION 44-3-103 (48).
40 (1.3) "CIGAR LOUNGE" MEANS AN ESTABLISHMENT THAT:
41 (a) IS EXEMPTED FROM INDOOR SMOKING RESTRICTIONS UNDER
42 SECTION 25-14-205;
43 (b) IN THE CALENDAR YEAR ENDING DECEMBER 31, 2022, AND FOR
44 EACH CALENDAR YEAR THEREAFTER, GENERATES NINETY PERCENT OR
45 MORE OF ITS REVENUE FROM THE SALE FOR ON-SITE CONSUMPTION OF
46 PREMIUM CIGARS;
47 (c) ON AND AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (1.3):
48 (I) HAS NOT CHANGED OWNERSHIP;
49 (II) HAS NOT EXPANDED IN SIZE OR CHANGED ITS LOCATION; AND
50 (III) HAS NOT BEEN CLOSED FOR MORE THAN SIXTY CONSECUTIVE
51 DAYS; AND
52 (d) DOES NOT PERMIT ON ITS PREMISES:
53 (I) AN INDIVIDUAL UNDER TWENTY-ONE YEARS OF AGE;
54 (II) THE CONSUMPTION OF FOOD OR ALCOHOL BEVERAGES; AND
55
1 (III) ANY PERFORMANCE OF LIVE ENTERTAINMENT, INCLUDING
2 PERFORMANCES BY SINGERS, MUSICIANS, DISC JOCKEYS, DANCERS, OR
3 COMEDIANS.
4 (1.5) "CIGARETTE, TOBACCO PRODUCT, OR NICOTINE PRODUCT"
5 HAS THE SAME MEANING AS PROVIDED IN SECTION 18-13-121 (5).".
6
7 Page 7, after line 23 insert:
8
9 "(5.5) "ID SCANNER" MEANS AN ELECTRONIC DEVICE USED TO
10 SCAN AND VERIFY IN REAL TIME THE AUTHENTICITY OF AN
11 IDENTIFICATION PURPORTED TO BE A VALID GOVERNMENT-ISSUED
12 PHOTOGRAPHIC IDENTIFICATION CARD.
13 (9.5) "PREMIUM CIGAR" MEANS A CIGAR THAT:
14 (a) IS HANDMADE;
15 (b) IS NOT MASS PRODUCED THROUGH USE OF MECHANIZATION;
16 (c) HAS A WRAPPER THAT IS MADE ENTIRELY FROM WHOLE
17 TOBACCO LEAF;
18 (d) HAS A FILLER COMPOSED OF AT LEAST FIFTY PERCENT
19 NATURAL LONG-LEAF FILLER TOBACCO;
20 (e) DOES NOT HAVE A FILTER, TIP, OR NONTOBACCO MOUTHPIECE;
21 (f) IS CAPPED BY HAND; AND
22 (g) HAS A WHOLESALE PRICE PER CIGAR OF NO LESS THAN:
23 (I) FOR THE CALENDAR YEAR ENDING DECEMBER 31, 2022,
24 TWELVE DOLLARS; AND
25 (II) FOR CALENDAR YEAR 2023, AND FOR EACH CALENDAR YEAR
26 THEREAFTER, TWELVE DOLLARS PLUS THE AMOUNT REFLECTING ANY
27 PERCENTAGE INCREASE IN THE UNITED STATES DEPARTMENT OF LABOR'S
28 BUREAU OF LABOR STATISTICS CONSUMER PRICE INDEX FOR
29 DENVER-AURORA-LAKEWOOD FOR ALL ITEMS AND ALL URBAN
30 CONSUMERS, OR ITS SUCCESSOR INDEX.".
31
32 Page 8, line 2, strike "products -" and substitute "products or synthetic
33 nicotine products - permit for age-restricted premises - rules -
34 definition -".
35
36 Page 8, line 3, after "(1)" insert "(a)".
37
38 Page 8, line 4, strike "OR MARKET" and substitute "MARKET, SHIP, OR
39 DELIVER".
40
41 Page 8, line 5, strike "PRODUCT." and substitute "PRODUCT; EXCEPT THAT
42 A RETAILER MAY SELL, OFFER FOR SALE, ADVERTISE FOR SALE, DISPLAY,
43 OR MARKET IN THE STATE ANY FLAVORED PIPE TOBACCO PRODUCT.".
44
45 Page 8, after line 5 insert:
46
47 "(b) A RETAILER AUTHORIZED TO DELIVER CIGARETTES, TOBACCO
7 48 PRODUCTS, OR NICOTINE PRODUCTS PURSUANT TO SECTION 44-7-104.
49 (3)(b) OR (3)(c) SHALL NOT DELIVER FLAVORED CIGARETTES, TOBACCO
50 PRODUCTS, OR NICOTINE PRODUCTS.".
51
52 Page 8, strike line 25 and substitute:
53
54 "(3) A RETAILER SHALL NOT SELL, OFFER FOR SALE, ADVERTISE
55 FOR SALE, DISPLAY, OR MARKET IN THIS STATE ANY SYNTHETIC NICOTINE
56 PRODUCT.
1 (4) THIS SECTION IS ENFORCEABLE ONLY AGAINST A RETAILER
2 AND".
3
4 Page 9, strike line 1 and substitute "NICOTINE PRODUCT OR SYNTHETIC
5 NICOTINE PRODUCT.".
6
7 Page 9, after line 1 insert:
8
9 "(5) THIS SECTION DOES NOT APPLY TO A PREMIUM CIGAR SOLD AT
10 A CIGAR LOUNGE FOR ON-SITE CONSUMPTION.
11 (6) (a) (I) A RETAILER SHALL NOT SELL OR PERMIT THE SALE OF
12 FLAVORED CIGARETTES, TOBACCO PRODUCTS, OR NICOTINE PRODUCTS IN
13 THE STATE WITHOUT FIRST OBTAINING FROM THE DIVISION A PERMIT TO
14 SELL FLAVORED CIGARETTES, TOBACCO PRODUCTS, OR NICOTINE
15 PRODUCTS AT AN AGE-RESTRICTED PREMISES.
16 (II) ONLY A RETAILER WITH A VALID STATE LICENSE MAY APPLY
17 FOR A PERMIT PURSUANT TO THIS SUBSECTION (6), AND ONLY WITH
18 RESPECT TO A RETAIL LOCATION THAT, AS OF THE EFFECTIVE DATE OF THIS
19 SUBSECTION (6), IS AN AGE-RESTRICTED PREMISES. TO APPLY FOR AN
20 INITIAL PERMIT, A RETAILER SHALL PAY A FEE IN AN AMOUNT OF THREE
21 THOUSAND DOLLARS OR AN AMOUNT DETERMINED BY THE EXECUTIVE
22 DIRECTOR BY RULE PURSUANT TO SUBSECTION (6)(c)(II) OF THIS SECTION.
23 (III) A PERMIT IS VALID FOR ONE YEAR AND MAY BE RENEWED IN
24 THE FORM AND MANNER DETERMINED BY THE DIVISION AND BY PAYMENT
25 OF A RENEWAL FEE SET BY RULE PURSUANT TO SUBSECTION (6)(c)(II) OF
26 THIS SECTION. IF A PERMIT HOLDER'S STATE LICENSE IS SUSPENDED OR
27 REVOKED, THE PERMIT HOLDER'S PERMIT IS LIKEWISE SUSPENDED OR
28 REVOKED.
29 (IV) AN OWNER OF MULTIPLE RETAIL LOCATIONS THAT ARE
30 AGE-RESTRICTED PREMISES MUST APPLY FOR A SEPARATE PERMIT FOR
31 EACH RETAIL LOCATION.
32 (V) A PERMIT IS NONTRANSFERABLE. IF A PERMIT HOLDER CEASES
33 TO BE A RETAILER AT A RETAIL LOCATION BY REASON OF
34 DISCONTINUANCE, SALE, OR TRANSFER OF THE PERMIT HOLDER'S
35 BUSINESS, THE PERMIT HOLDER SHALL NOTIFY THE DIVISION IN WRITING
36 ON OR BEFORE THE DATE ON WHICH THE DISCONTINUANCE, SALE, OR
37 TRANSFER TAKES EFFECT.
38 (b) (I) THE DIVISION SHALL APPROVE OR DENY AN APPLICATION
39 FOR A PERMIT WITHIN SIXTY DAYS AFTER RECEIVING THE APPLICATION
40 AND PERMIT FEE. IF THE DIVISION DENIES AN APPLICATION, IT SHALL
41 INFORM THE APPLICANT OF THE REASONS FOR THE DENIAL, AND THE
42 APPLICANT, WITHIN FOURTEEN DAYS AFTER RECEIVING THE WRITTEN
43 DENIAL, MAY REQUEST THAT A HEARING BE HELD ON THE MATTER IN
44 ACCORDANCE WITH SECTION 44-7-105.
45 (II) UPON OBTAINING A PERMIT FROM THE DIVISION PURSUANT TO
46 THIS SUBSECTION (6), THE RETAILER SHALL CONSPICUOUSLY DISPLAY THE
47 PERMIT AT THE RETAIL LOCATION.
48 (III) THE DIVISION MAY COORDINATE THE RENEWAL DATE FOR A
49 PERMIT WITH THE RENEWAL DATE FOR THE PERMIT HOLDER'S STATE
50 LICENSE FOR THE RETAIL LOCATION.
51 (c) THE EXECUTIVE DIRECTOR SHALL ADOPT RULES ESTABLISHING
52 THE FOLLOWING WITH REGARD TO PERMITS ISSUED PURSUANT TO THIS
53 SUBSECTION (6):
54
1 (I) NOTWITHSTANDING SECTION 44-7-104 (3)(b)(I), A
2 REQUIREMENT THAT THE DIVISION PERFORM, CAUSE TO BE PERFORMED, OR
3 COORDINATE WITH A LOCAL AUTHORITY IN THE PERFORMANCE OF AT
4 LEAST SIX COMPLIANCE CHECKS PER YEAR OF AN AGE-RESTRICTED
5 PREMISES FOR WHICH THE RETAILER HAS OBTAINED A PERMIT PURSUANT
6 TO THIS SUBSECTION (6). THE COMPLIANCE CHECKS MUST INCLUDE:
7 (A) VERIFICATION THAT IDENTIFICATION IS CHECKED AT THE
8 ENTRANCE TO THE AGE-RESTRICTED PREMISES; AND
9 (B) VERIFICATION THAT, IN CHECKING IDENTIFICATION, THE
10 RETAILER USES AN ID SCANNER THAT COMPLIES WITH RULES ADOPTED
11 PURSUANT TO SUBSECTION (6)(c)(III) OF THIS SECTION.
12 (II) A PERMIT RENEWAL FEE IN AN AMOUNT EQUAL TO THE DIRECT
13 AND INDIRECT COSTS THAT THE DIVISION INCURS IN ENFORCING PERMITS,
14 INCLUDING THE DIRECT AND INDIRECT COSTS INCURRED IN PERFORMING
15 COMPLIANCE CHECKS. THE EXECUTIVE DIRECTOR MAY, BY RULE, ADJUST
16 THE INITIAL PERMIT FEE SET IN SUBSECTION (6)(a)(II) OF THIS SECTION IF
17 THE ADJUSTED FEE EQUALS THE DIRECT AND INDIRECT COSTS THAT THE
18 DIVISION INCURS IN ENFORCING PERMITS.
19 (III) SPECIFICATION REQUIREMENTS FOR ID SCANNERS USED AT
20 AGE-RESTRICTED PREMISES OR A LIST OF APPROVED ID SCANNER MODELS,
21 BASED ON THE NEED FOR RETAILERS TO USE THE MOST ACCURATE ID
22 SCANNERS AVAILABLE AT AGE-RESTRICTED PREMISES; AND
23 (IV) THE MAXIMUM NUMBER OF ANNUAL PERMITS THAT THE
24 DIVISION MAY ISSUE BASED ON THE NUMBER OF RETAIL LOCATIONS THAT,
25 AS OF THE EFFECTIVE DATE OF THIS SUBSECTION (6), ARE:
26 (A) AGE-RESTRICTED PREMISES; AND
27 (B) OPERATED UNDER A VALID LICENSE ISSUED PURSUANT TO
28 SECTION 44-7-104.5.
29 (d) A PERMIT ISSUED UNDER THIS SUBSECTION (6) IS SUBJECT TO
30 THE SAME SUSPENSION AND REVOCATION PROVISIONS SET FORTH IN
31 SECTION 44-7-105 (1)(b).
32 (e) (I) THE DIVISION SHALL REQUIRE AS A CONDITION OF A PERMIT
33 ISSUED PURSUANT TO THIS SUBSECTION (6) THAT THE RETAILER AFFIX A
34 UNIQUE IDENTIFYING NUMBER TO, OR HAVE A UNIQUE IDENTIFYING
35 NUMBER AFFIXED TO, THE PACKAGING OF THE FOLLOWING PRODUCTS:
36 (A) EACH INDIVIDUAL ELECTRONIC SMOKING DEVICE THAT IS
37 OFFERED FOR SALE AT THE RETAIL LOCATION FOR WHICH THE PERMIT IS
38 ISSUED AND THAT IS A FLAVORED CIGARETTE, TOBACCO PRODUCT, OR
39 NICOTINE PRODUCT; AND
40 (B) EACH INDIVIDUAL CARTRIDGE OR OTHER CONTAINER OF
41 LIQUID THAT IS INTENDED TO BE VAPORIZED WHEN USED WITH AN
42 ELECTRONIC SMOKING DEVICE, SUCH AS A VAPE PEN; THAT IS OFFERED FOR
43 SALE AT THE RETAIL LOCATION FOR WHICH THE PERMIT IS ISSUED; AND
44 THAT IS A FLAVORED CIGARETTE, TOBACCO PRODUCT, OR NICOTINE
45 PRODUCT.
46 (II) THE DIVISION SHALL DEVELOP OR CAUSE TO BE DEVELOPED A
47 SYSTEM THROUGH WHICH A UNIQUE IDENTIFYING NUMBER AFFIXED TO
48 THE PACKAGING OF A PRODUCT LISTED IN SUBSECTION (6)(e)(I)(A) OR
49 (6)(e)(I)(B) OF THIS SECTION MAY BE TRACKED IN ORDER TO DETERMINE
50 THE RETAIL LOCATION AT WHICH THE PRODUCT WAS SOLD, FURNISHED, OR
51 OTHERWISE OBTAINED. THE SYSTEM MUST ALSO INCORPORATE DATA
52 INCLUDED IN RETAILERS' MONTHLY REPORTS SUBMITTED TO THE DIVISION
53 PURSUANT TO SUBSECTION (6)(e)(IV)(C) OF THIS SECTION REGARDING
54 THE FLAVORED CIGARETTES, TOBACCO PRODUCTS, OR NICOTINE PRODUCTS
55 SOLD AND WHEN AND TO WHOM THEY WERE SOLD. THE DIVISION SHALL
56 ENSURE THAT LOCAL LICENSING AUTHORITIES MAY ACCESS THE SYSTEM,
1 OR BE ABLE TO REQUEST FROM THE DIVISION DATA LOGGED INTO THE
2 SYSTEM, TO ENFORCE AGAINST THE UNLAWFUL SALE OR FURNISHING OF
3 FLAVORED CIGARETTES, TOBACCO PRODUCTS, OR NICOTINE PRODUCTS TO
4 MINORS.
5 (III) IF SCHOOL PERSONNEL OR A PARENT FINDS A MINOR IN
6 POSSESSION OF A FLAVORED CIGARETTE, TOBACCO PRODUCT, OR NICOTINE
7 PRODUCT WITH A UNIQUE IDENTIFYING NUMBER AFFIXED TO THE
8 PACKAGING OF THE PRODUCT AND REPORTS IT TO THE DIVISION OR A
9 LOCAL LICENSING AUTHORITY, THE DIVISION OR LOCAL LICENSING
10 AUTHORITY MAY USE THE UNIQUE IDENTIFYING NUMBER AND THE
11 RESULTS OF A SEARCH CONDUCTED ON THE UNIQUE IDENTIFYING NUMBER
12 IN AN INVESTIGATION TO DETERMINE:
13 (A) AT WHICH RETAIL LOCATION THE FLAVORED CIGARETTE,
14 TOBACCO PRODUCT, OR NICOTINE PRODUCT WAS SOLD;
15 (B) WHO FURNISHED THE FLAVORED CIGARETTE, TOBACCO
16 PRODUCT, OR NICOTINE PRODUCT TO THE MINOR;
17 (C) WHETHER THE PERSON WHO FURNISHED THE FLAVORED
18 CIGARETTE, TOBACCO PRODUCT, OR NICOTINE PRODUCT TO THE MINOR, IF
19 THE PERSON WAS A RETAILER OR EMPLOYEE OF A RETAILER, WAS
20 PRESENTED WITH AND REASONABLY RELIED UPON A GOVERNMENT-ISSUED
21 PHOTOGRAPHIC IDENTIFICATION INDICATING THAT THE MINOR WAS AN
22 ADULT AT THE TIME OF PURCHASE; AND
23 (D) WHETHER AND TO WHAT EXTENT THE PERSON SHOULD BE
24 PENALIZED UNDER SECTION 18-13-121 (1) AND, IF THE PERSON IS A
25 RETAILER, PURSUANT TO SECTION 44-7-106.
26 (IV) AS ADDITIONAL CONDITIONS OF A PERMIT ISSUED TO A
27 RETAILER PURSUANT TO THIS SUBSECTION (6), A RETAILER SHALL AGREE,
28 IN THE FORM AND MANNER DETERMINED BY THE DIVISION, TO:
29 (A) MAINTAIN RECORDS OF UNIQUE IDENTIFYING NUMBERS IN A
30 MANNER THAT ALLOWS A DETERMINATION OF WHEN A FLAVORED
31 CIGARETTE, TOBACCO PRODUCT, OR NICOTINE PRODUCT WITH A UNIQUE
32 IDENTIFYING NUMBER AFFIXED TO ITS PACKAGING WAS SOLD AND WHEN
33 AND TO WHOM IT WAS SOLD;
34 (B) COOPERATE WITH ANY INVESTIGATION INVOLVING A UNIQUE
35 IDENTIFYING NUMBER, INCLUDING ALLOWING ACCESS TO THE RETAILER'S
36 RECORDS DESCRIBED IN SUBSECTION (6)(e)(IV)(A) OF THIS SECTION; AND
37 (C) PROVIDE THE DIVISION WITH MONTHLY REPORTS, IN THE FORM
38 AND MANNER DETERMINED BY THE DIVISION, INDICATING THE FLAVORED
39 CIGARETTES, TOBACCO PRODUCTS, AND NICOTINE PRODUCTS SOLD AND
40 WHEN AND TO WHOM THE PRODUCTS WERE SOLD.
41 (V) THE EXECUTIVE DIRECTOR SHALL ADOPT RULES REGARDING
42 THE IMPLEMENTATION OF THIS SUBSECTION (6)(e), INCLUDING RULES
43 REGARDING THE FOLLOWING:
44 (A) THE MECHANISM BY WHICH UNIQUE IDENTIFYING NUMBERS
45 WILL BE ASSIGNED FOR THE FLAVORED CIGARETTES, TOBACCO PRODUCTS,
46 AND NICOTINE PRODUCTS LISTED IN SUBSECTIONS (6)(e)(I)(A) AND
47 (6)(e)(I)(B) OF THIS SECTION;
48 (B) THE SYSTEM CREATED IN ACCORDANCE WITH SUBSECTION
49 (6)(e)(II) OF THIS SECTION; AND
50 (C) ANY OTHER RULES NECESSARY TO IMPLEMENT THIS
51 SUBSECTION (6)(e).
52 (VI) AS USED IN THIS SUBSECTION (6)(e), "UNIQUE IDENTIFYING
53 NUMBER" MEANS A UNIQUE SERIES OF NUMERALS, LETTERS, OR BOTH
54 NUMERALS AND LETTERS.".
55
56 Page 9, strike line 7 and substitute "(5); and add (6) as follows:".
1 Page 9, line 9, strike "definition." and substitute "definitions.".
2
3 Page 10, after line 12 insert:
4
5 "(6) AS USED IN THIS SECTION, "SYNTHETIC NICOTINE" MEANS
6 NICOTINE DERIVED FROM A SOURCE OTHER THAN TOBACCO.".
7
8 Page 12, strike lines 22 through 24 and substitute:
9
10 "SECTION 8. Effective date - applicability. (1) Except as
11 provided in subsection (2) of this section, this act takes effect July 1,
12 2022, and applies to conduct occurring on or after the effective date of
13 this act.
14 (2) Sections 3 and 4 of this act take effect January 1, 2024, and
15 apply to conduct occurring on or after the effective date of sections 3 and
16 4 of this act.".
17
18 Page 1, line 106, after "NICOTINE," insert "PROHIBITING THE
19 DISTRIBUTION OF SYNTHETIC NICOTINE PRODUCTS,".
20
21
House Journal, April 5
5 HB22-1064 be amended as follows, and as so amended, be referred to
6 the Committee on Appropriations with favorable
7 recommendation:
8
9 Amend the Health and Insurance Committee Report, dated March 16,
10 2022, page 1, strike lines 2 through 19 and substitute ""add (1.3), (4.5),
11 (5.3), (9.5), (11.5),".
12
13 Page 7 of the bill, after line 15 insert:
14
15 "(1.3) "CIGAR LOUNGE" MEANS AN ESTABLISHMENT THAT:".".
16
17 Page 2 of the report, strike lines 9 through 11 and substitute
18 "COMEDIANS.".".
19
20 Page 2 of the report, strike lines 13 through 17 and substitute:
21
22 ""(5.3) "HOOKAH" MEANS A TYPE OF WATER PIPE:
23 (a) USED TO SMOKE SHISHA TOBACCO PRODUCTS OR OTHER
24 TOBACCO PRODUCTS;
25 (b) THAT HAS A LONG, FLEXIBLE TUBE TO DRAW AEROSOL
26 THROUGH WATER; AND
27 (c) WITH COMPONENTS THAT MAY INCLUDE HEADS, STEMS, BOWLS,
28 AND HOSES.
29 (9.5) "PREMIUM CIGAR" MEANS A CIGAR THAT:".
30
31 Page 2 of the report, line 34, strike "INDEX."." and substitute "INDEX.
32 (11.5) "SHISHA TOBACCO PRODUCT" INCLUDES, AND MAY BE
33 REFERRED TO AS, HOOKAH TOBACCO, WATER PIPE TOBACCO, MAASSEL,
34 NARGHILE, OR ARGILEH.".".
35
36 Page 2 of the report, strike lines 36 and 37 and substitute "nicotine
37 "products - exemptions -".".
38
39 Page 3 of the report, line 10, strike "PRODUCTS."." and substitute
40 "PRODUCTS.
41 (c) (I) THIS SECTION DOES NOT APPLY TO A CIGAR-TOBACCO BAR,
42 AS DEFINED IN SECTION 25-14-203 (4), THAT IS LOCATED WITHIN A
103 43 LICENSED GAMING ESTABLISHMENT, AS DEFINED IN SECTION 44-30-
44 (18).
45 (II) A CIGAR-TOBACCO BAR DESCRIBED IN SUBSECTION (1)(c)(I) OF
46 THIS SECTION MAY SELL NO MORE THAN ONE CARTON OF MENTHOL
47 CIGARETTES PER PERSON PER DAY.".
48
49 Page 3 of the report, strike lines 21 through 35 and substitute "A CIGAR
50 LOUNGE OR OTHER RETAIL PREMISES IN EXISTENCE ON THE EFFECTIVE
51 DATE OF THIS SECTION FOR ON-SITE OR OFF-SITE CONSUMPTION.
52 (6) THIS SECTION DOES NOT APPLY TO THE SALE, OFFER FOR SALE,
53 ADVERTISING FOR SALE, DISPLAYING, OR MARKETING OF SHISHA TOBACCO
54 PRODUCTS.".".
55
1 Strike pages 4 through 6 of the report.
2
3 Page 7 of the report, strike lines 1 through 9.
4
5 Amend printed bill, page 11, after line 23 insert:
6
7 "(c) BASED ON THE PROCESS AND CRITERIA THAT THE WORKING
8 GROUP DEVELOPS PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION, THE
9 DIVISION SHALL AWARD GRANT MONEY TO APPLICANTS THAT CAN
10 DEMONSTRATE AN ABILITY TO PROVIDE PRODUCTS THAT ARE FEDERALLY
11 APPROVED FOR USE AS CESSATION PRODUCTS AND TO PROVIDE
12 CULTURALLY SENSITIVE, EVIDENCE-BASED TOBACCO PREVENTION AND
13 CESSATION SUPPORTS AND SERVICES TO YOUTH AND ADULTS IN THE
14 DISPROPORTIONATELY IMPACTED COMMUNITIES DESCRIBED IN SUBSECTION
15 (2)(b)(I) OF THIS SECTION.".
16
17 Reletter succeeding paragraph accordingly.
18
19
House Journal, May 3
30 HB22-1064 be amended as follows, and as so amended, be referred to
31 the Committee of the Whole with favorable
32 recommendation:
33
34 Amend the Finance Committee Report, dated April 4, 2022, page 2, strike
35 lines 19 through 29 and substitute:
36
37 "Page 10 of the bill, strike lines 13 through 27.
38
39 Strike page 11 of the bill.
40
41 Page 12 of the bill, strike lines 1 through 21 and substitute:
42
43 "SECTION 6. In Colorado Revised Statutes, 25-3.5-804, amend
44 (1) as follows:
45 25-3.5-804. Tobacco education, prevention, and cessation
46 programs - review committee - grants. (1) There is hereby created the
47 tobacco education, prevention, and cessation grant program to provide
48 funding for community-based and statewide tobacco education programs
49 designed to reduce initiation of tobacco use by children and youth,
50 promote cessation of tobacco use among youth and adults, and reduce
51 exposure to secondhand smoke, AND PROVIDE RESOURCES TO
52 COMMUNITIES DISPROPORTIONATELY IMPACTED BY THE MARKETING AND
53 SALES OF TOBACCO AND NICOTINE PRODUCTS AND BY THE PREVALENCE OF
54 TOBACCO AND NICOTINE PRODUCT USE IN THOSE COMMUNITIES. Any such
55 tobacco programs may be presented in combination with other substance
1 abuse programs. The program shall be administered by the division
7 2 within the department and coordinated with efforts pursuant to article
3 of title 44. The state board shall award grants to selected entities from
4 money appropriated to the department from the tobacco education
5 programs fund created in section 24-22-117.
6 SECTION 7. In Colorado Revised Statutes, 25-3.5-805, add (1)
7 (h.5) as follows:
8 25-3.5-805. Tobacco education, prevention, and cessation
9 programs - requirements. (1) An entity that applies for a grant pursuant
10 to the provisions of this part 8 shall, in the application, demonstrate that
11 the tobacco education, prevention, or cessation program provides at least
12 one of the following:
13 (h.5) RESOURCES TO COMMUNITIES DISPROPORTIONATELY
14 IMPACTED BY THE MARKETING AND SALES OF TOBACCO AND NICOTINE
15 PRODUCTS AND BY THE PREVALENCE OF TOBACCO AND NICOTINE PRODUCT
16 USE IN THOSE COMMUNITIES; OR".".
17
18
House Journal, May 3
30 Amendment No. 1, Appropriations Report, dated May 3, 2022, and
31 placed in member’s bill file; Report also printed in House Journal, May 3,
32 2022.
33
34 Amendment No. 2, Finance Report, dated April 4, 2022, and placed in
35 member’s bill file; Report also printed in House Journal, April 5, 2022.
36
37 Amendment No. 3, Health & Insurance Report, dated March 16, 2022,
38 and placed in member’s bill file; Report also printed in House Journal,
39 March 18, 2022.
40
41 Amendment No. 4, by Representative Geitner:
42
43 Amend the Finance Committee Report, dated April 4, 2022, page 2, line
44 15, after "OF" insert "PREMIUM CIGARS OR".
45
46 Amendment No. 5, by Representative Soper:
47
48 Amend the Health and Insurance Committee Report, dated March 16,
49 2022, page 1, strike lines 19 through 27.
50
51 Page 2, strike lines 1 through 9 and substitute:
52
53 "(1.3) (a) "CIGAR LOUNGE" HAS THE SAME MEANING AS "CIGAR-
54 TOBACCO BAR" SET FORTH IN SECTION 25-19-203 (4), AS EXEMPTED FROM
55 THE INDOOR SMOKING RESTRICTIONS SET FORTH IN SECTION 25-14-205.
1 (b) "CIGAR LOUNGE" HAS THE SAME RESTRICTIONS AS SET FORTH
2 IN SECTION 25-14-205.".
3
4 Amendment No. 6, by Representative Will:
5
6 Amend printed bill, page 7, line 16, after "(4.5)" insert "(a)".
7
8 Page 7, after line 23 insert:
9
10 "(b) "FLAVORED CIGARETTE, TOBACCO PRODUCT, OR NICOTINE
11 PRODUCT" INCLUDES FLAVORED ROLLING PAPER.".
12
13 As amended, ordered engrossed and placed on the Calendar for Third
14 Reading and Final Passage.
15
House Journal, May 3
47 Amend printed bill, page 7, line 23, after the period add ""FLAVORED
48 CIGARETTE, TOBACCO PRODUCT, OR NICOTINE PRODUCT" DOES NOT
49 INCLUDE A CIGARETTE, TOBACCO PRODUCT, OR NICOTINE PRODUCT THAT
50 HAS ONLY A TOBACCO FLAVOR.".
51
52 The amendment was declared lost by the following roll call vote:
53
1 YES 27 NO 38 EXCUSED 0 ABSENT
2 Amabile N Exum N Lynch Y Sirota N
3 Bacon N Froelich N McCluskie N Snyder Y
4 Baisley Y Geitner Y McCormick N Soper Y
5 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
6 Bernett N Gray N McLachlan N Tipper N
7 Bird N Hanks Y Michaelson Jenet N Titone N
8 Bockenfeld Y Herod N Mullica N Valdez A. N
9 Boesenecker N Holtorf Y Neville Y Valdez D. N
10 Bradfield Y Hooton N Ortiz Y Van Beber Y
11 Caraveo N Jodeh N Pelton Y Van Winkle Y
12 Carver Y Kennedy N Pico Y Weissman N
13 Catlin Y Kipp N Ransom Y Will Y
14 Cutter N Larson Y Rich Y Williams Y
15 Daugherty N Lindsay N Ricks N Woodrow N
16 Duran N Lontine N Roberts Y Woog Y
17 Esgar N Luck Y Sandridge Y Young N
18 Speaker N
House Journal, May 3
13 Amend printed bill, page 9, line 12, strike "A" and substitute "EXCEPT AS
14 PROVIDED IN SUBSECTION (5)(a)(IV) OF THIS SECTION, A".
15
16 Page 10, after line 5 insert:
17
18 "(IV) "DOES NOT INCLUDE UNSTAMPED CIGARETTES AND THE
19 PENALTIES SET FORTH IN THIS SECTION DO NOT APPLY TO THE SALE OR
20 OFFER FOR SALE OF UNSTAMPED CIGARETTES.".
21
22 The amendment was declared lost by the following roll call vote:
23
24 YES 25 NO 40 EXCUSED 0 ABSENT
25 Amabile N Exum N Lynch Y Sirota N
26 Bacon N Froelich N McCluskie N Snyder N
27 Baisley Y Geitner Y McCormick N Soper Y
28 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
29 Bernett N Gray N McLachlan N Tipper N
30 Bird N Hanks Y Michaelson Jenet N Titone N
31 Bockenfeld Y Herod Y Mullica N Valdez A. N
32 Boesenecker N Holtorf Y Neville Y Valdez D. N
33 Bradfield Y Hooton N Ortiz N Van Beber Y
34 Caraveo N Jodeh N Pelton Y Van Winkle Y
35 Carver Y Kennedy N Pico Y Weissman N
36 Catlin Y Kipp N Ransom Y Will Y
37 Cutter N Larson Y Rich Y Williams Y
38 Daugherty N Lindsay N Ricks N Woodrow N
39 Duran N Lontine N Roberts N Woog Y
40 Esgar N Luck Y Sandridge Y Young N
41 Speaker N
House Journal, May 3
49 Amend printed bill page 7, line 21, strike "MENTHOL,".
50
51 Page 9, line 1 after the period add "THIS SECTION IS NOT ENFORCEABLE
52 AGAINST A RETAILER THAT SELLS OR OFFERS FOR SALE A MENTHOL
53 FLAVORED CIGARETTE, TOBACCO PRODUCT, OR NICOTINE PRODUCT.".
54
55 The amendment was declared lost by the following roll call vote:
1 YES 28 NO 37 EXCUSED 0 ABSENT
2 Amabile N Exum N Lynch Y Sirota N
3 Bacon N Froelich N McCluskie N Snyder N
4 Baisley Y Geitner Y McCormick N Soper Y
5 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
6 Bernett N Gray N McLachlan Y Tipper N
7 Bird N Hanks Y Michaelson Jenet N Titone N
8 Bockenfeld Y Herod Y Mullica N Valdez A. N
9 Boesenecker N Holtorf Y Neville Y Valdez D. N
10 Bradfield Y Hooton Y Ortiz Y Van Beber Y
11 Caraveo N Jodeh N Pelton Y Van Winkle Y
12 Carver Y Kennedy N Pico Y Weissman N
13 Catlin Y Kipp N Ransom Y Will Y
14 Cutter N Larson Y Rich Y Williams Y
15 Daugherty N Lindsay N Ricks N Woodrow N
16 Duran N Lontine N Roberts N Woog Y
17 Esgar N Luck Y Sandridge Y Young N
18 Speaker N