HB 20-1001

  • Colorado House Bill
  • 2020 Regular Session
  • Introduced in House Mar 13, 2020
  • Passed House Mar 10, 2020
  • Passed Senate Jun 05, 2020
  • Signed by Governor Jul 14, 2020

Nicotine Product Regulation

Abstract

Sections 1 through 8 of the act raise the minimum age of a person to whom cigarettes, tobacco products, and nicotine products (products) may be sold from 18 years of age to 21 years of age. A products retailer must card anyone seeking to purchase products who appears to be under 50 years of age at the time of purchase. Section 1 repeals criminal penalties against a minor for purchasing or attempting to purchase a product. Section 7 prohibits a retailer from permitting a person under 18 years of age to sell or participate in the sale of products. Section 8 also: Increases the minimum number of compliance checks required of each retail location at which the products are sold to 2 per year or at least the minimum number annually required by federal regulation, whichever number is greater; and Requires the executive director of the department of revenue (executive director) to adopt rules concerning enforcement of the laws governing the regulation of products, including rules: Regarding enforcement coordination between the division of liquor enforcement (division) in the department of revenue and local licensing authorities and regarding enforcement against products smuggling; Regarding fees, which must not exceed $400 per year, unless the executive director determines that statewide compliance with products regulation has dropped below 90%, at which time the executive director may, by rule, raise the maximum fee to $600; and Authorizing a single, large-operator license fee for retailers with more than 10 retail locations, which fee is not subject to the general maximum fee amount. Section 9 requires every retailer of the products in the state, on and after July 1, 2021, to obtain a license for each retail location owned. The division is charged with licensing retailers and coordinating with local authorities on retail location compliance checks and investigations of complaints about retailers. Section 10 prohibits: New retail locations at which products are sold from being located within 500 feet of a school unless a local licensing authority has approved a license application for the new retail location; Retail locations that sell electronic smoking device products from advertising those products in a manner that is visible from outside the retail location; and Delivery of products, other than cigars and pipe tobacco, directly to consumers unless the delivery is made by an owner or employee of a licensed retailer who is at least 21 years of age and, at the time of delivery, checks the identification of the individual receiving the delivery to determine that the individual is 21 years of age or older. Section 11 authorizes the division to seek injunctive relief against a person who violates the act and impose fines on or suspend or revoke the state license of a retailer found to have violated the act. Section 12 adjusts the fine amounts for violating the prohibition against selling products to minors from a maximum fine of $1,000 to $15,000 for a fifth or subsequent violation within 24 months to a maximum fine of $1,000 to $15,000 for a fourth or subsequent violation within 24 months. Additionally, the division must prohibit a retailer who commits a second or subsequent violation within 24 months from selling products at the retail location where the violation occurred for a specified period of time, starting with at least 7 days for a second violation within 24 months, to at least 30 days for a third violation within 24 months, and finally for up to 3 years for a fourth or subsequent violation within 24 months. Additionally, section 12 establishes fines ranging from $1,000 for a first violation to $3,000 for a third or subsequent violation within 24 months for the following violations: Advertising electronic smoking device products at a retail location where they are sold in a manner that is visible from outside the retail location; Delivering products without complying with the delivery requirements; and Selling or offering to sell products without a valid state license. If a person sells or offers to sell products without a valid state license at least 3 times within 24 months, the person is not eligible to apply for a state license for 3 years thereafter. Further, section 12 also applies the same fine structure that applies to selling products from a vending machine or failing to display the requisite warning to a violation of the prohibition against allowing a person under 18 years of age to sell or participate in the sale of products. For the 2019-20 state fiscal year, the act appropriates $45,414 to the department of revenue from the liquor enforcement division and state licensing authority cash fund (cash fund) for implementation of the act. For the 2020-21 state fiscal year, the act appropriates: $2,391,262 to the department of revenue from the cash fund for implementation of the act; $98,605 to the department of law from reappropriated funds received from the department of revenue for legal services for the department of revenue; and $69,450 to the department of personnel from reappropriated funds received from the department of revenue for vehicle replacement lease or purchase.(Note: This summary applies to this bill as enacted.)

Bill Sponsors (4)

Votes


Actions


Jul 14, 2020

Office of the Governor

Governor Signed

Jul 02, 2020

Office of the Governor

Sent to the Governor

Senate

Signed by the President of the Senate

House

Signed by the Speaker of the House

Jun 12, 2020

House

House Considered Senate Amendments - Result was to Concur - Repass

Jun 08, 2020

House

House Considered Senate Amendments - Result was to Laid Over Daily

Jun 05, 2020

Senate

Senate Third Reading Passed with Amendments - Floor

Jun 04, 2020

Senate

Senate Second Reading Passed with Amendments - Floor

Jun 02, 2020

Senate

Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole

  • Committee-Passage
  • Referral-Committee
Appropriations Senate Committee of the Whole

May 26, 2020

Senate

Senate Committee on Finance Refer Unamended to Appropriations

  • Referral-Committee
Appropriations Finance

Mar 13, 2020

Senate

Introduced In Senate - Assigned to Finance

  • Introduction
Finance

Mar 10, 2020

House

House Third Reading Passed - No Amendments

Mar 09, 2020

House

House Second Reading Passed with Amendments - Committee, Floor

Mar 06, 2020

House

House Second Reading Special Order - Laid Over Daily - No Amendments

House

House Committee on Appropriations Refer Amended to House Committee of the Whole

  • Committee-Passage
  • Referral-Committee
House Committee of the Whole Appropriations

Mar 02, 2020

House

House Committee on Finance Refer Unamended to Appropriations

  • Referral-Committee
Appropriations Finance

Feb 12, 2020

House

House Committee on Health & Insurance Refer Amended to Finance

  • Referral-Committee
Finance

Jan 08, 2020

House

Introduced In House - Assigned to Health & Insurance

  • Introduction
Health & Insurance

Bill Text

Bill Text Versions Format
Signed Act (07/14/2020) PDF
Final Act (07/02/2020) PDF
Rerevised (06/05/2020) PDF
Revised (06/04/2020) PDF
Reengrossed (03/10/2020) PDF
Engrossed (03/09/2020) PDF
Introduced (01/08/2020) PDF
PA2 (03/06/2020) PDF
PA1 (02/13/2020) PDF
Committee Amendment PDF

Related Documents

Document Format
Fiscal Note SA1 (03/05/2020) PDF
Fiscal Note SA2 (06/01/2020) PDF
Fiscal Note FN1 (02/10/2020) PDF
Fiscal Note FN2 (02/27/2020) PDF
Fiscal Note FN3 (03/23/2020) PDF
Fiscal Note FN4 (08/06/2020) PDF

Sources

Data on Open States is updated nightly from the official website of the Colorado General Assembly.

If you notice any inconsistencies with these official sources, feel free to file an issue.