HB0415 Call to Action

cta

Well we told ya’ll things were going to happen quickly and we now have an official Call to Action with only 7 business days left in the legislative session.  This Call to Action will be primarily for business owners as this is where the vast majority of the impact will be; however all members of the vaping community are welcome to attend and participate.  We anticipate that committees will be suspended sometime on Monday (common action during the final week of the session) so this may be the only opportunity for us to make a vocal public opposition.

  • What: House Law Enforcement and Criminal Justice Standing Committee
  • When: Friday, March 6, 2015 8:00 AM
  • Where: Main Capitol building (with dome), room 450
  • Details: HB0415 is 3rd on the agenda but is behind the proposed bill for the prison relocation.  We anticipate a VERY heavily attended meeting as a result of the prior bill so patience will be needed in the event there is the level of debate we anticipate. I anticipate you will need to block off the first half of your day for this.

So here are the stumbling points with this bill that our Board and our Members have problems with:

  1. We will not support the bill on any level without a FULL preemption clause which would make this bill the “law of the land” and overrule all county level regulations.  As it is written today, this is another set of regulations over and above the existing county level regulations.  We cannot support regulation that requires retailers/manufacturers to follow both unique county and state regulations as this will put a stop to product flow from out of state and make it nearly impossible for in-state retailers/manufacturers to function.  This is not a current practice for ANY other industry in the state OR country.
  2. Permit: We do support the permitting of retailers but we do not support the language that locks retailers/manufacturers into their B&M locations.  The state allows firearms dealers to set up at trade shows (and allows children to attend) thus we will not support the bill so long as this language remains preventing a retailer from fair trade in the open market.  If this language is removed, we can support this piece of the proposal.
  3. Child-resistent caps: While we as an industry support this and have confirmed that all our member retailers only carry liquids using these caps, the language in the bill must reference federal standards so Utah does not create unique regulations that differ from federal standards. If this language is modified, we can support this piece of the proposal.
  4. Labeling: While we as an industry support this and have confirmed that all our member retailers only carry liquids using proper labels, the language in the bill must reference federal standards so Utah does not create unique regulations that differ from federal standards.  If this language is modified, we can support this piece of the proposal.
  5. Definition of Electronic Cigarettes: We object the definition of electronic cigarettes being modified to include “any component of or accessory of”.  This is subjective and could include wires, circuits, switches, glass & metal tubes and other products. We will not support the bill so long as this language is included.
  6. Definition of Electronic Cigarette Substance (e-liquid): Based on the current definition, this would include the raw ingredients of PG, VG, and food flavoring available for purchase at every hobby store, department store and grocery store throughout the state.  We will not support the bill so long as this language is included.

As you can see, there are several points that we are not willing to negotiate on as it will negatively affect the industry for no purpose other than regulating for the sake of regulation.  Members of the board will be present at the committee meeting along with the membership business owners.  We will be delivering a formal statement to the committee and wider House of Representatives by tomorrow evening.  

If you plan to attend and speak, I would ask that you please:

  • Let us know in advance so we can organize our combined talking points to avoid duplication and ensure we stay on topic for ONLY what is contained in the bill.  
  • Dress to impress: Remember, we are in a FORMAL environment and the people we will be speaking to will be in suits and professional business attire.  You will gain more respect by dressing to the environment.  Hats, t-shirts, torn jeans, etc are not considered professional attire.
  • Watch your language: it’s easy to let your emotions take control and “speak your mind” however if you do this, you will defeat what we are trying to do and cause our industry to lose the respect.  Remember, respect is given through your actions and your words more than who you are or represent.  

While this is a public CTA, this bill primarily affects our industry business owners so we will ask that the limited speaking time we will be granted be reserved for the business owners who have the most at stake where possible.  If you are unable to attend but would like to issue written testimony for the record, you can email the committee by copying and pasting the below recipients into an email with your feedback.  Please remember however, keep it professional, civil and without insults or religious insinuations.  

dipson@le.utah.gov; mroberts@le.utah.gov; kaymciff@le.utah.gov; bdaw@le.utah.gov; seliason@le.utah.gov; eredd@le.utah.gov; jeremyapeterson@le.utah.gov; angelaromero@le.utah.gov; shollins@le.utah.gov; earltanner@le.utah.gov; pray@le.utah.gov; greghughes@le.utah.gov

We also recommend contacting your individual legislative representatives separately asking them to oppose this bill as it is currently presented (version 1).  You can locate your legislative representatives by going here and entering your address and zip code: http://le.utah.gov/GIS/findDistrict.jsp

If you have any questions between now and Friday, please don’t hesitate to contact a member of our leadership team.

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