Amendments for HB20-1001

House Journal, February 13
47 HB20-1001 be amended as follows, and as so amended, be referred to
48 the Committee on Finance with favorable
49 recommendation:
50
51 Amend printed bill, page 6, line 3, strike "(4)" and substitute "(4); and
52 repeal (3)(b)".
53
54 Page 6, after line 14 insert:
55
1 "(3) As used in this section, unless the context otherwise requires:
2 (b) "Possession" means that a person:
3 (I) Has or holds any amount of cigarettes or tobacco products
4 anywhere on his or her person;
5 (II) Owns or has custody of cigarettes or tobacco products; or
6 (III) Has cigarettes or tobacco products within his or her
7 immediate presence and control.".
8
9 Page 6, line 17, strike "possession" and substitute "possession SALE".
10
11 Page 9, strike lines 14 and 15 and substitute "other coin-operated
12 machine; except that cigarettes may be sold at retail through vending
13 machines only in A LICENSED GAMING ESTABLISHMENT, AS DEFINED IN
14 SECTION 44-30-103 (18).".
15
16 Page 9, strike line 26 and substitute "place in the building and on any
17 vending or coin-operated machine at all".
18
19 Page 10, line 11, after the period add "THIS SECTION DOES NOT PROHIBIT
20 AN EMPLOYEE OF A RETAILER WHO IS EIGHTEEN YEARS OF AGE OR OLDER
21 BUT UNDER TWENTY-ONE YEARS OF AGE FROM HANDLING OR OTHERWISE
22 HAVING ANY CONTACT WITH CIGARETTES, TOBACCO PRODUCTS, OR
23 NICOTINE PRODUCTS THAT ARE OFFERED FOR SALE AT THE RETAILER'S
24 BUSINESS.".
25
26 Page 10, strike line 16 and substitute "the division shall perform, CAUSE
27 TO BE PERFORMED, OR COORDINATE WITH A LOCAL AUTHORITY IN THE
28 PERFORMANCE OF at least TWO".
29
30 Page 11, line 2, strike "(4)(c)(I)," and substitute "(4)(c)".
31
32 Page 11, line 26, strike the second "AND".
33
34 Page 12, strike lines 2 and 3 and substitute "OF RETAIL LOCATIONS THAT
35 THE DIVISION SHALL PERFORM, CAUSE TO BE PERFORMED, OR COORDINATE
36 WITH A LOCAL AUTHORITY IN THE PERFORMANCE OF EACH YEAR. THE
37 RULES MUST ENSURE THAT ANY COORDINATION BETWEEN THE DIVISION
38 AND A LOCAL AUTHORITY ON THE PERFORMANCE OF COMPLIANCE CHECKS
39 SATISFIES FEDERAL REQUIREMENTS.
40 (III) TO ENSURE THAT COMPLAINTS RECEIVED BY THE DIVISION
41 ARE FORWARDED TO THE APPROPRIATE LOCAL AUTHORITY AND THAT
42 COMPLAINTS RECEIVED BY THE LOCAL AUTHORITY ARE FORWARDED TO
43 THE DIVISION FOR THE TIMELY INVESTIGATION INTO AND ACTION TAKEN
44 ON THE COMPLAINTS.".
45
46 Page 14, strike lines 24 through 27.
47
48 Page 15, strike lines 1 through 13 and substitute "LICENSING
49 REQUIREMENTS ON RETAILERS, THE DIVISION SHALL:
50 (I) ISSUE A STATE LICENSE TO THE RETAILER UPON THE RETAILER
51 DEMONSTRATING TO THE DIVISION THAT THE RETAILER HAS OBTAINED A
52 LOCAL LICENSE AND PAYING THE STATE LICENSE FEE; AND
53 (II) (A) EXCEPT AS PROVIDED IN SUBSECTION (4)(b)(II)(B) OF THIS
54 SECTION, SET THE STATE LICENSE RENEWAL DATE ON THE SAME DATE AS
55 THE LOCAL LICENSE RENEWAL DATE. THE DIVISION SHALL PRORATE THE
1 INITIAL STATE LICENSE FEE IF SETTING THE STATE LICENSE RENEWAL DATE
2 IN LINE WITH THE LOCAL LICENSE RENEWAL DATE REQUIRES RENEWAL
3 WITHIN LESS THAN TWELVE MONTHS AFTER THE INITIAL STATE LICENSE
4 WAS ISSUED.
5 (B) IF A LOCAL GOVERNMENT FIRST IMPOSES A LOCAL LICENSING
6 REQUIREMENT ON CIGARETTES, TOBACCO PRODUCTS, OR NICOTINE
7 PRODUCTS ON OR AFTER JULY 1, 2021, THE LOCAL GOVERNMENT SHALL
8 SET THE LOCAL LICENSE RENEWAL DATE FOR A RETAILER ON THE SAME
9 DATE AS THE STATE LICENSE RENEWAL DATE.
10 (c) THE DIVISION SHALL COLLABORATE WITH ANY LOCAL
11 AUTHORITY REGARDING THE PERFORMANCE OF COMPLIANCE CHECKS AND
12 COMPLAINTS RECEIVED IN ACCORDANCE WITH RULES PROMULGATED BY
13 THE EXECUTIVE DIRECTOR PURSUANT TO SECTION 44-7-104 (5)(a)(III).".
14
15 Page 15, strike lines 23 through 27.
16
17 Page 16, strike lines 1 through 18 and substitute:
18
19 "(b) IF THE STATE LICENSE CONCERNS A RETAIL LOCATION THAT IS
20 LOCATED WITHIN THE JURISDICTION OF A LOCAL AUTHORITY THAT IMPOSES
21 LICENSING REQUIREMENTS ON RETAILERS, THE DIVISION SHALL RENEW THE
22 LICENSEE'S STATE LICENSE UPON THE LICENSEE DEMONSTRATING TO THE
23 DIVISION THAT THE LICENSEE IS OPERATING UNDER A VALID LOCAL
24 LICENSE AND PAYING THE RENEWAL STATE LICENSE FEE.".
25
26 Page 18, strike line 27 and substitute "limitations contained in section".
27
28 Page 20, strike lines 6 through 8 and substitute:
29
30 (b) A retailer that does not claim an affirmative defense pursuant
31 to section 44-7-106 (2) may waive its right to a hearing and pay the
32 appropriate fine.".
33
34 Page 23, strike lines 19 through 27.
35
36 Page 24, strike lines 1 through 13 and substitute:
37
38 "(2) Notwithstanding subsection (1) of this section, no A fine for
39 a violation of section 44-7-103 (1) shall NOT be imposed upon a retailer
40 that can establish an affirmative defense to the satisfaction of the division
41 or the hearing officer that, prior to the date of the violation, it:
42 (a) Had adopted and enforced a written policy against selling
43 cigarettes, tobacco products, or nicotine products to persons under
44 eighteen TWENTY-ONE years of age;
45 (b) Had informed its employees of the applicable laws regarding
46 the sale of cigarettes, tobacco products, or nicotine products to persons
47 under eighteen TWENTY-ONE years of age;
48 (c) Required employees to verify the age of cigarette, tobacco
49 product, or nicotine product customers by way of photographic
50 identification; and
51 (d) Had established and imposed disciplinary sanctions for
52 noncompliance.
53 (3) The affirmative defense established in subsection (2) of this
54 section may be used by a retailer only twice ONCE at each location within
55 any twenty-four-month period.
1 (4) (a) (I) THE PENALTY for a violation of section 44-7-103 (2) or
2 (3), the penalty shall be as follows: (4.5) IS
3 (a) (I) For a violation of section 44-7-103 (2), a fine of
4 twenty-five dollars for a first violation committed".
5
6 Page 25, strike lines 2 through 9.
7
8 Renumber succeeding sections accordingly.
9
10 Page 26, strike lines 12 through 22.
11
12 Renumber succeeding sections accordingly.
13
14 Strike "THIRTY-SIX-MONTH" and substitute "TWENTY-FOUR-MONTH" on:
15 Page 21, lines 15, 18, and 25; and Page 22, line 5.
16
17 Strike "twenty-four-month THIRTY-SIX-MONTH" and substitute
18 "twenty-four-month" on: Page 22, lines 13, 15, 17, 19, and 22; Page 24,
19 lines 14, 17, 21, 23, and 25; and Page 25, line 1.
20
21 Strike "THIRTY-SIX" and substitute "TWENTY-FOUR" on: Page 23, lines 4,
22 6, and 11.
23
24

House Journal, March 6
28 HB20-1001 be amended as follows, and as so amended, be referred to
29 the Committee of the Whole with favorable
30 recommendation:
31
32 Amend printed bill, page 27, after line 9 insert:
33
34 "SECTION 18. Appropriation. (1) For the 2019-20 state fiscal
35 year, $45,414 is appropriated to the department of revenue. This
36 appropriation is from the liquor enforcement division and state licensing
37 authority cash fund created in section 44-6-101, C.R.S. To implement this
38 act, the department may use this appropriation as follows:
39 (a) $26,139 for use by the liquor and tobacco enforcement
40 division for personal services, which amount is based on an assumption
41 that the division will require an additional 0.5 FTE; and
42 (b) $19,275 for use by the liquor and tobacco enforcement
43 division for operating expenses.
1 SECTION 19. Appropriation. (1) For the 2020-21 state fiscal
2 year, $2,391,262 is appropriated to the department of revenue. This
3 appropriation is from the liquor enforcement division and state licensing
4 authority cash fund created in section 44-6-101, C.R.S., and is based on
5 an assumption that the department will require an additional 18.9 FTE. To
6 implement this act, the department may use this appropriation as follows:
7
8 Executive director's office, administration and support
166 9 Health, life, and dental $180,
10 10 Short-term disability $2,
107 11 S.B. 04-257 amortization equalization disbursement $59,
12 S.B. 06-235 supplemental amortization
107 13 equalization disbursement $59,
605 14 Legal services $98,
450 15 Vehicle lease payments $69,
740 16 Leased space $124,
17
18 Executive director's office, hearings division
19 Personal services $96,012 (1.5 FTE)
325 20 Operating expenses $11,
21
22 Taxation business group, administration
800 23 Tax administration IT system (GenTax) support $1,
24
25 Enforcement business group, liquor and tobacco enforcement
26 division
27 Personal services $1,232,116 (17.4 FTE)
824 28 Operating expenses $456,
29
30 (2) For the 2020-21 state fiscal year, $98,605 is appropriated to
31 the department of law. This appropriation is from reappropriated funds
32 received from the department of revenue under subsection (1) of this
33 section and is based on an assumption that the department of law will
34 require an additional 0.5 FTE. To implement this act, the department of
35 law may use this appropriation to provide legal services for the
36 department of revenue.
37 (3) For the 2020-21 state fiscal year, $69,450 is appropriated to
38 the department of personnel. This appropriation is from reappropriated
39 funds received from the department of revenue under subsection (1) of
40 this section. To implement this act, the department of personnel may use
41 this appropriation for vehicle replacement lease/purchase.".
42
43 Renumber succeeding sections accordingly.
44
45 Page 1, line 101, strike "REGULATIONS." and substitute "REGULATIONS,
46 AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
47
48

House Journal, March 6
26 Amendment No. 1, Appropriations Report, dated March 6, 2020, and
27 placed in member's bill file; Report also printed in House Journal, March
28 6, 2020.
29
30 Amendment No. 2, Health & Insurance Report, dated February 12, 2020,
31 and placed in member's bill file; Report also printed in House Journal,
32 February 13, 2020.
33
34 Amendment No. 3, by Representative Geitner.
35
36 Amend the Health and Insurance Committee Report, dated February 12,
37 2020, page 4, after line 12 insert:
38
39 "Page 25 of the printed bill, after line 1 insert:
40
41 "SECTION 13. In Colorado Revised Statutes, 44-7-107, add (3)
42 as follows:
43 44-7-107. Cigarette, tobacco product, and nicotine product use
44 by minors prevention fund - grants. (3) OF THE MONEY FROM CIVIL
45 PENALTIES CREDITED TO THE FUND PURSUANT TO SECTION 44-7-105 (7),
46 THE DIVISION SHALL RETAIN TEN PERCENT TO REIMBURSE FAMILIES FOR
47 THE COST OF LUNG CANCER SCREENINGS PROVIDED FOR MINORS. UPON
48 SUBMITTING DOCUMENTATION DEMONSTRATING TO THE DIVISION'S
49 SATISFACTION THAT A PERSON PAID FOR A LUNG CANCER SCREENING FOR
50 A MINOR IN THE STATE, THE DIVISION SHALL REIMBURSE THE PERSON FOR
51 THE COST THE PERSON INCURRED IN OBTAINING THE LUNG CANCER
52 SCREENING.".
53
54 Renumber succeeding sections accordingly.".
55 (For change in action, see the Committee of the Whole Report, page 648.

House Journal, March 9
36 Amendment No. 1, Appropriations Report, dated March 6, 2020, and
37 placed in member's bill file; Report also printed in House Journal, March
38 6, 2020.
39
40 Amendment No. 2, Health & Insurance Report, dated February 12, 2020,
41 and placed in member's bill file; Report also printed in House Journal,
42 February 13, 2020.
43
44 Amendment No. 3, by Representative Mullica.
45
46 Amend the Health and Insurance Committee Report, dated February 12,
47 2020, page 1, strike lines 1 and 2 and substitute:
48
49 "Amend printed bill, page 3, line 19, strike "document" and substitute
50 "document GOVERNMENT-ISSUED PHOTOGRAPHIC IDENTIFICATION".
51
52 Page 5, line 21, strike "person" and substitute "person RETAILER".
53
54 Page 5, line 22, strike "PERSON:" and substitute "RETAILER:".
55
56 Page 5, line 25, strike "PERSON'S" and substitute "RETAILER'S".
1 Page 6, line 3, strike "(4)" and substitute "(4); and repeal (3)(b)".
2
3 Page 6, strike lines 9 through 14 and substitute:
4
5 "(b) It shall not be an offense under paragraph (a) of this
6 subsection (2) if the person under eighteen years of age was acting at the
7 direction of an employee of a governmental agency authorized to enforce
8 or ensure compliance with laws relating to the prohibition of the sale of
9 cigarettes and tobacco products to minors.".".
10
11 Page 1 of the report, after line 11 insert:
12
13 "Page 9 of the bill, line 4, strike the second "prohibited." and substitute
14 "prohibited - rules.".
15
16 Page 9, strike line 9 and substitute "upon a VALID GOVERNMENT-ISSUED
17 photographic identification, AS DETERMINED BY THE EXECUTIVE DIRECTOR
18 BY RULE, that identified the person purchasing".".
19
20 Page 1 of the report, line 14, after the first "in" insert "AN
21 AGE-RESTRICTED AREA OF".
22
23 Page 2 of the report, line 8, strike ""(4)(c)"." and substitute ""(4)(c),".".
24
25 Page 2 of the report, after line 8 insert:
26
27 "Page 11 of the bill, strike lines 8 and 9 and substitute "PUBLISH ON THE
28 DIVISION'S PUBLIC WEBSITE the identification and address BUSINESS
29 NAMES AND ADDRESSES of STATE-LICENSED retailers that sell cigarettes,".
30
31 Page 11, strike lines 18 through 22 and substitute:
32
33 "(A) WILL COVER THE DIRECT AND INDIRECT COST OF
34 ENFORCEMENT AND ADMINISTRATION; AND".".
35
36 Page 2 of the report, line 15, strike "REQUIREMENTS." and substitute
37 "REQUIREMENTS AND THAT LOCAL AUTHORITIES APPRISE THE DIVISION IN
38 AN APPROPRIATE FORM AND MANNER OF COMPLIANCE CHECKS
39 CONDUCTED.".
40
41 Page 2 of the report, strike line 20 and substitute "ON THE COMPLAINTS.
42 THE RULES MUST ENSURE THAT LOCAL AUTHORITIES APPRISE THE DIVISION
43 OF COMPLAINTS AND ANY ACTION TAKEN ON THOSE COMPLAINTS.
44 (IV) REGARDING RETAILERS' OBLIGATIONS TO COMPLY WITH THE
45 DIVISION 'S DOCUMENT PRODUCTION REQUESTS RELATED TO
46 IMPLEMENTATION AND ENFORCEMENT OF THIS ARTICLE 7.".".
47
48 Page 3 of the report, after line 15 insert:
49
50 "Page 17 of the bill, strike lines 12 and 13 and substitute "(1) (a) UNLESS
51 A LOCAL AUTHORITY HAS APPROVED AN APPLICATION FOR A NEW RETAIL
52 LOCATION PURSUANT TO AN ORDINANCE OR RESOLUTION ADOPTED
53 PURSUANT TO SUBSECTION (1)(d) OF THIS SECTION, THE DIVISION SHALL
54 NOT APPROVE A STATE LICENSE APPLICATION FOR THE NEW RETAIL
55 LOCATION IF THE NEW RETAIL LOCATION IS LOCATED WITHIN FIVE
56 HUNDRED".
1 Page 18, strike line 22 and substitute "CIGARS AND PIPE TOBACCO TO A
2 CONSUMER WHO IS TWENTY-ONE YEARS OF AGE OR OLDER.".".
3
4 Page 3 of the report, after line 16 insert:
5
6 "Page 19, line 26, strike "(a)" and substitute "(a)".".
7
8 Page 3 of the report, after line 20 insert:
9
10 "Page 20 of the bill, strike lines 23 and 24 and substitute "shall be filed
11 with the Colorado A DISTRICT court of appeals pursuant to section
12 24-4-106 (11) COMPETENT JURISDICTION.".
13
14 Page 23, line 10, strike "PERSON" and substitute "RETAILER".
15
16 Page 23, line 12, strike "PERSON" as it appears two times and substitute
17 "RETAILER".
18
19 Page 23, line 14, strike "PERSON" and substitute "RETAILER".".
20
21 Page 4 of the report, strike lines 13 and 14 and substitute:
22
23 "Page 25 of the bill, strike lines 2 through 9 and substitute:
24
25 "SECTION 13. In Colorado Revised Statutes, 13-4-102, repeal
26 (2)(gg) as follows:
27 13-4-102. Jurisdiction. (2) The court of appeals has initial
28 jurisdiction to:
29 (gg) Review final actions and orders appropriate for judicial
30 review of the department of revenue relating to penalties for violations of
31 statutes relating to the sale of cigarettes, tobacco products, or nicotine
32 products to minors pursuant to section 44-7-105 (5);".".
33
34 Amendment No. 4, by Representative Mullica.
35
36 Amend the Health and Insurance Committee Report, dated February 12,
37 2020, page 3, after line 15 insert:
38
39 "Page 18 of the printed bill, strike lines 7 through 19 and substitute:
40
41 "(3) (a) EXCEPT AS PROVIDED IN SUBSECTION (3)(b) OR (3)(c) OF
42 THIS SECTION, A PERSON SHALL NOT SHIP OR DELIVER CIGARETTES,
43 TOBACCO PRODUCTS, OR NICOTINE PRODUCTS DIRECTLY TO A CONSUMER
44 IN THIS STATE.
45 (b) (I) A RETAILER LICENSED TO SELL CIGARETTES, TOBACCO
46 PRODUCTS, OR NICOTINE PRODUCTS PURSUANT TO THIS ARTICLE 7 THAT
47 COMPLIES WITH THIS SUBSECTION (3)(b) AND RULES PROMULGATED
48 PURSUANT TO THIS SUBSECTION (3)(b) MAY DELIVER CIGARETTES,
49 TOBACCO PRODUCTS, OR NICOTINE PRODUCTS TO A PERSON TWENTY-ONE
50 YEARS OF AGE OR OLDER IF:
51 (A) THE PERSON RECEIVING THE DELIVERY OF CIGARETTES,
52 TOBACCO PRODUCTS, OR NICOTINE PRODUCTS IS LOCATED AT A PLACE
53 THAT IS NOT LICENSED PURSUANT TO THIS ARTICLE 7;
54 (B) THE DELIVERY IS MADE BY AN EMPLOYEE OF THE LICENSED
55 RETAILER WHO IS AT LEAST TWENTY-ONE YEARS OF AGE AND WHO IS
56 USING A VEHICLE OWNED OR LEASED BY THE LICENSEE TO MAKE THE
1 DELIVERY; AND
2 (C) THE PERSON MAKING THE DELIVERY VERIFIES THAT THE
3 PERSON RECEIVING THE DELIVERY IS TWENTY-ONE YEARS OF AGE OR
4 OLDER BY REQUIRING THE PERSON RECEIVING THE DELIVERY TO PRESENT
5 A VALID GOVERNMENT-ISSUED PHOTOGRAPHIC IDENTIFICATION. THE
6 LICENSEE OR EMPLOYEE SHALL MAKE A DETERMINATION FROM THE
7 INFORMATION PRESENTED WHETHER THE PERSON RECEIVING THE
8 DELIVERY IS TWENTY-ONE YEARS OF AGE OR OLDER.
9 (II) THE EXECUTIVE DIRECTOR SHALL PROMULGATE RULES AS
10 NECESSARY FOR THE PROPER DELIVERY OF CIGARETTES, TOBACCO
11 PRODUCTS, OR NICOTINE PRODUCTS, AND THE DIVISION IS AUTHORIZED TO
12 ISSUE A PERMIT TO ANY RETAILER THAT IS LICENSED UNDER THIS ARTICLE
13 7 AND DELIVERS CIGARETTES, TOBACCO PRODUCTS, OR NICOTINE
14 PRODUCTS PURSUANT TO THIS SUBSECTION (3)(b). A PERMIT ISSUED
15 UNDER THIS SUBSECTION (3)(b) IS SUBJECT TO THE SAME SUSPENSION AND
105 16 REVOCATION PROVISIONS AS ARE SET FORTH IN SECTION 44-7-
17 (1)(b).".".
18
19 Amendment No. 5, by Representative Mullica.
20
21 Amend the Health and Insurance Committee Report, dated February 12,
22 2020, page 4, before line 13 insert:
23
24 "Page 25 of the printed bill, after line 1 insert:
25
26 "(5) NOTWITHSTANDING SUBSECTION (3) OF THIS SECTION, A
27 LICENSED GAMING ESTABLISHMENT AS DEFINED IN SECTION 44-30-103 (18)
28 THAT HAS A CIGAR-TOBACCO BAR, AS DEFINED IN SECTION 25-14-203 (4),
29 ON THE EFFECTIVE DATE OF THIS SUBSECTION (5) SHALL BE AFFORDED TWO
30 AFFIRMATIVE DEFENSES WITHIN A TWENTY-FOUR-MONTH PERIOD.".".
31
32 As amended, ordered engrossed and placed on the Calendar for Third
33 Reading and Final Passage.
34

Senate Journal, June 4
HB20-1001 by Representative(s) Mullica and Larson; also Senator(s) Bridges and Priola--Concerning
nicotine product regulations, and, in connection therewith, making an appropriation.

Amendment No. 1(L.025), by Senator Woodward.

Amend reengrossed bill, page 9, line 21, after the period add "A
RETAILER SHALL REQUIRE AN INDIVIDUAL WHO SEEKS TO PURCHASE
CIGARETTES, TOBACCO PRODUCTS, OR NICOTINE PRODUCTS AND WHO
APPEARS TO BE UNDER FIFTY YEARS OF AGE TO PRESENT TO THE RETAILER
A VALID GOVERNMENT-ISSUED PHOTOGRAPHIC IDENTIFICATION AT THE
TIME OF PURCHASE.".

Page 10, line 20, strike "IMPOSED." and substitute "IMPOSED STATE
LAW REQUIRES THAT, TO PURCHASE CIGARETTES, TOBACCO PRODUCTS, OR
NICOTINE PRODUCTS AT THIS RETAIL LOCATION, A PERSON MUST PRESENT
A VALID GOVERNMENT-ISSUED PHOTOGRAPHIC IDENTIFICATION AT THE
TIME OF PURCHASE IF THE PERSON APPEARS TO BE UNDER FIFTY YEARS OF
AGE.".


Amendment No. 2(L.032), by Senator Woodward.

Amend reengrossed bill, page 11, line 5, strike "EACH" and substitute
"TO THE DEGREE THAT IS ACHIEVABLE WITHIN THE AMOUNT OF FEES
COLLECTED, EACH".

Page 12, strike lines 8 through 14 and substitute:

"(I) TO SET NECESSARY AND REASONABLE FEE AMOUNTS THAT
WILL COVER THE DIRECT AND INDIRECT COST OF ENFORCEMENT AND
ADMINISTRATION; EXCEPT THAT THE FEE AMOUNT MUST NOT EXCEED
FOUR HUNDRED DOLLARS PER YEAR. THE EXECUTIVE DIRECTOR MAY BY
RULE INCREASE THE MAXIMUM FEE AMOUNT TO SIX HUNDRED DOLLARS
IF THE DIVISION DETERMINES THAT STATEWIDE COMPLIANCE WITH THIS
ARTICLE 7 FALLS BELOW NINETY PERCENT.".

Amendment No. 3(L.026), by Senator Woodward.

Amend reengrossed bill, page 13, after line 18 insert:

"(d) ON OR BEFORE JULY 1, 2021, THE EXECUTIVE DIRECTOR
SHALL, IN CONSULTATION WITH LICENSED WHOLESALERS AND RETAILERS,
PROMULGATE RULES REGARDING THE TARGETED ENFORCEMENT AGAINST
THE SMUGGLING OF CIGARETTES, TOBACCO PRODUCTS, OR NICOTINE
PRODUCTS.".


Amendment No. 4(L.031), by Senator Tate.

Amend reengrossed bill, page 19, strike lines 14 through 17 and
substitute:

"(B) THE DELIVERY IS MADE BY AN OWNER OR EMPLOYEE OF THE
LICENSED RETAILER WHO IS AT LEAST TWENTY-ONE YEARS OF AGE; AND".


Amendment No. 5(L.029), by Senator Tate.

Amend reengrossed bill, page 12, line 10, strike the second "AND".

Page 12, line 14, after "INDEX;" insert "AND
(C) FOR RETAILERS WITH MORE THAN TEN RETAIL LOCATIONS
UNDER THE SAME CORPORATE OR BUSINESS ENTITY, ALLOW THE
CORPORATE OR BUSINESS ENTITY TO PAY A SINGLE, LARGE-OPERATOR
LICENSE FEE INSTEAD OF PAYING A SEPARATE FEE FOR EACH RETAIL
LOCATION. THE FEE AMOUNT MUST BE SUFFICIENT TO COVER THE
DIVISION'S DIRECT AND INDIRECT COSTS OF ENFORCING AND
ADMINISTERING THIS ARTICLE 7 IN RELATION TO A LARGE OPERATOR.
NOTHING IN THIS SUBSECTION (5)(a)(I)(C) PREVENTS THE DIVISION FROM
ENFORCING THIS ARTICLE 7 ON A PER-RETAIL LOCATION BASIS.".


As amended, ordered revised and placed on the calendar for third reading and final
passage.

(For further action, see amendments to the report of the Committee of the Whole.)



Senate Journal, June 4
HB20-1001 by Representative(s) Mullica and Larson; also Senator(s) Bridges and Priola--Concerning
nicotine product regulations, and, in connection therewith, making an appropriation.

Senator Sonnenberg moved to amend the Report of the Committee of the Whole to show
that the following Sonnenberg floor amendment, (L.023) to HB 20-1001, did pass.

Amend reengrossed bill, page 20, after line 9 insert:

"(4) (a) NOTWITHSTANDING SUBSECTION (3) OF THIS SECTION, A
PERSON, WHETHER THE PERSON IS LOCATED IN-STATE OR OUT-OF-STATE,
MAY ENGAGE IN ONLINE SALES OF ELECTRONIC SMOKING DEVICES, AS
DEFINED IN SECTION 25-14-203 (4.5), IN THE STATE IF THE PERSON:
(I) USES AN INDEPENDENT, THIRD-PARTY AGE VERIFICATION
SERVICE TO COMPARE INFORMATION OBTAINED FROM PUBLICLY
AVAILABLE RECORDS TO THE PERSONAL INFORMATION A CUSTOMER
ENTERS ONTO THE PERSON'S PUBLIC WEBSITE OR APPLICATION TO
ESTABLISH THAT THE CUSTOMER IS TWENTY-ONE YEARS OF AGE OR
OLDER;
(II) USES A METHOD OF MAILING, SHIPPING, OR DELIVERING AN
ELECTRONIC SMOKING DEVICE THAT REQUIRES THE SIGNATURE OF AN
INDIVIDUAL TWENTY-ONE YEARS OF AGE OR OLDER BEFORE THE
ELECTRONIC SMOKING DEVICE MAY BE DELIVERED TO THE CUSTOMER;
AND
(III) ON AND AFTER JULY 1, 2021, OBTAINS A LICENSE FROM THE
DIVISION PURSUANT TO SECTION 44-7-104.5. BEFORE JULY 1, 2021, A
PERSON NEED NOT OBTAIN A LICENSE TO ENGAGE IN ONLINE SALES OF
ELECTRONIC SMOKING DEVICES PURSUANT TO THIS SUBSECTION (4)(a).
(b) NOTWITHSTANDING SUBSECTIONS (4)(a)(I) AND (4)(a)(II) OF
THIS SECTION, A PERSON ENGAGING IN ONLINE SALES OF ELECTRONIC
SMOKING DEVICES PURSUANT TO THIS SUBSECTION (4) MAY CONDUCT AGE
VERIFICATION IN AN ALTERNATIVE MANNER FROM THE MANNER SET
FORTH IN SUBSECTION (4)(a) OF THIS SECTION IF:
(I) THE ELECTRONIC SMOKING DEVICE ORDERED THROUGH THE
PERSON'S PUBLIC WEBSITE OR APPLICATION IS DELIVERED TO THE
CUSTOMER AT THE CUSTOMER'S ADDRESS; AND
(II) THE CUSTOMER:
(A) CREATES A SECURE ONLINE PROFILE OR ACCOUNT ON THE
PERSON'S PUBLIC WEBSITE OR APPLICATION THAT CONTAINS THE
CUSTOMER'S PERSONAL INFORMATION INCLUDING THE CUSTOMER'S NAME
AND ADDRESS, THE LAST FOUR DIGITS OF THE CUSTOMER'S SOCIAL
SECURITY NUMBER, AND A VALID PHONE NUMBER AND THE PERSON
VALIDATES THE PERSONAL INFORMATION THAT THE CUSTOMER PROVIDED
THROUGH COMPARISON WITH PUBLICLY AVAILABLE RECORDS; OR
(B) UPLOADS TO THE PERSON'S PUBLIC WEBSITE OR APPLICATION
A COPY OF THE CUSTOMER'S VALID GOVERNMENT-ISSUED PHOTOGRAPHIC
IDENTIFICATION AND A CURRENT PHOTOGRAPH OF THE CUSTOMER.".


Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:

YES 15 NO 20 EXCUSED 0 ABSENT 0
Bridges N Gardner Y Marble Y Story N
Cooke Y Ginal N Moreno N Tate N
Coram Y Gonzales N Pettersen N Todd N
Crowder Y Hansen N Priola N Williams A. N
Danielson N Hill Y Rankin Y Winter N
Donovan N Hisey Y Rodriguez N Woodward Y
Fenberg N Holbert Y Scott Y Zenzinger N
Fields Y Lee N Smallwood Y President N
Foote N Lundeen Y Sonnenberg Y


Senate Journal, June 5
HB20-1001 by Representative(s) Mullica and Larson; also Senator(s) Bridges and Priola--Concerning
nicotine product regulations, and, in connection therewith, making an appropriation.

A majority of those elected to the Senate having voted in the affirmative, Senator Bridges
was given permission to offer a third reading amendment.

Third Reading Amendment No. 1(L.033), by Senator Bridges.

Amend revised bill, page 12, strike line 27 and substitute "7 FALLS BELOW
NINETY PERCENT.".

Page 13, line 1, strike "(C)" and substitute "(II)".

Renumber succeeding subparagraphs accordingly.

Page 13, line 5, strike "THE" and substitute "NOTWITHSTANDING
SUBSECTION (5)(a)(I) OF THIS SECTION, THE".

Page 13, line 8, strike "(5)(a)(I)(C)" and substitute "(5)(a)(II)".


The amendment was passed on the following roll call vote:


YES 34 NO 0 EXCUSED 1 ABSENT 0
Bridges Y Gardner Y Marble Y Story Y
Cooke Y Ginal Y Moreno Y Tate Y
Coram Y Gonzales Y Pettersen Y Todd Y
Crowder Y Hansen Y Priola Y Williams A. Y
Danielson Y Hill E Rankin Y Winter Y
Donovan Y Hisey Y Rodriguez Y Woodward Y
Fenberg Y Holbert Y Scott Y Zenzinger Y
Fields Y Lee Y Smallwood Y President Y
Foote Y Lundeen Y Sonnenberg Y

The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:

YES 22 NO 12 EXCUSED 1 ABSENT 0
Bridges Y Gardner N Marble N Story Y
Cooke N Ginal Y Moreno Y Tate Y
Coram N Gonzales Y Pettersen Y Todd Y
Crowder N Hansen Y Priola Y Williams A. Y
Danielson Y Hill E Rankin N Winter Y
Donovan Y Hisey Y Rodriguez Y Woodward N
Fenberg Y Holbert N Scott N Zenzinger Y
Fields Y Lee Y Smallwood N President Y
Foote Y Lundeen N Sonnenberg N