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President Pro Tempore Sen. Jim Hendren
President Pro Tempore
Arkansas Senate
State Capitol
500 Woodlane St. Ste 320
Little Rock, AR 72201-1090

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501-682-2902

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501-682-6107

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92nd General Assembly
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Draft of Senator Hendren's Bill on Vaping

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State of Arkansas 1
92nd General Assembly A Bill DRAFT JMB/JMB 2
First Extraordinary Session, 2019 SENATE BILL 3
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By: Senator J. Hendren 5
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For An Act To Be Entitled 7
AN ACT TO CREATE THE SCHOOL SAFETY ACT; TO IMPOSE A 8 PRIVILEGE TAX ON E-CIGARETTES TO PROVIDE FUNDS TO 9 SCHOOLS FOR SAFETY AND MENTAL HEALTH COUNSELING; TO 10 PROHIBIT VAPING IN ALL PLACES IN WHICH SMOKING IS 11 ALREADY PROHIBITED UNDER ARKANSAS LAW; TO AMEND THE 12 DEFINITIONS OF "SMOKING" TO INCLUDE E-CIGARETTES; TO 13 RESTRICT ADVERTISING OF E-CIGARETTES TO MINORS; AND 14 FOR OTHER PURPOSES. 15
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Subtitle 18
TO CREATE THE SCHOOL SAFETY ACT; TO 19 IMPOSE A PRIVILEGE TAX ON E-CIGARETTES; 20 TO PROHIBIT VAPING IN ALL PLACES IN WHICH 21 SMOKING IS ALREADY PROHIBITED; AND TO 22 RESTRICT ADVERTISING OF E-CIGARETTES TO 23 MINORS. 24
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 27
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SECTION 1. DO NOT CODIFY. Title. 29
This act shall be known and may be cited as the "School Safety Act". 30
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SECTION 2. DO NOT CODIFY. Legislative intent. 32
It is the intent of the General Assembly to: 33
(1) Prohibit the use of vapor products, e-liquid products, or e-34 cigarettes, also known as "vaping", in all places in which smoking is already 35 prohibited under Arkansas law; 36
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(2) Place restrictions on advertising of e-cigarettes, vapor 1 products, and e-liquids products near schools and restrict access to minors 2 by wholesalers, manufacturers, and retailers of e-cigarettes, vapor products, 3 and e-liquid products; and 4
(3) Impose a privilege a tax on e-cigarettes to provide funding 5 to schools for safety and mental health counseling. 6
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SECTION 3. Arkansas Code Title 4 is amended to add an additional 8 chapter to read as follows: 9
Chapter 119 - Advertising of E-cigarettes to Minors 10
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4-119-101. Legislative findings and intent. 12
(a) The General Assembly finds that: 13
(1) The use of e-cigarettes, also known as vaping, has become an 14 epidemic in the State of Arkansas, especially among the youth of Arkansas; 15
(2) The Department of Health announced in December 2018 that e-16 cigarette use among students in Arkansas is expected to match a national rate 17 of just over twenty percent (20%) or more than one (1) in five (5) teens; 18
(3) United States health officials are presently investigating 19 possible cases of severe lung disease and deaths associated with vaping 20 across the states; 21
(4) Advertising, marketing, and promotion of e-cigarettes have 22 been especially directed to attract youth to use these products; 23
(5) Advertising of e-cigarettes increases consumption of these 24 products including use by young people; 25
(6) Similar to the restrictions on tobacco advertising, 26 comprehensive advertising restrictions would have a positive effect on 27 reducing the rates of young people using e-cigarettes; 28
(7) Restrictions on advertising and marketing of e-cigarettes 29 are necessary to prevent unrestricted advertising from undermining laws 30 prohibiting access to young people and minors; 31
(8) The United States Supreme Court has ruled that commercial 32 advertising may be regulated, provided the restrictions meet a four-pronged 33 test, including without limitation whether the advertising is deceptive and 34 misleading; 35
(9) It is in the public interest for the General Assembly to 36
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enact restrictions on advertising and marketing of e-cigarettes to reduce the 1 illegal purchasing and possessing of these products by minors. 2
(b) It is the intent of the General Assembly to place a restriction on 3 advertising of e-cigarettes near schools and restrict access to minors by 4 wholesalers, manufacturers, and retailers of e-cigarettes. 5
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4-119-102. Definitions. 7
As used in this chapter: 8
(1) "E-cigarette" means a vapor product or an e-liquid product, 9 as those terms are defined in 26-57-203; and 10
(2) "Minor" means the same as defined in 5-27-227. 11
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4-119-103. Advertising near schools. 13
(a) A person, firm, corporation, partnership, or other organization 14 shall not advertise or cause to be advertised any e-cigarette on any outdoor 15 billboard located within one thousand feet (1,000') of any public or private 16 school or public playground. 17
(b) This section does not: 18
(1) Prohibit the display of a message or advertisement opposing 19 the use of e-cigarettes; or 20
(2) Permit an advertisement promoting the use of e-cigarettes by 21 including a message opposing the use of e-cigarettes within the 22 advertisement. 23
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4-119-104. Minor access. 25
A wholesaler, manufacturer, or retailer of e-cigarettes shall not: 26
(1) Distribute e-cigarettes, including samples, to any minor; or 27
(2) Advertise to initiate, maintain, or increase the use of e-28 cigarettes by minors. 29
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4-119-105. Penalties. 31
(a) A violation of this chapter is a Class A misdemeanor. 32
(b) The Director of Arkansas Tobacco Control may revoke or suspend the 33 license issued of any wholesaler, manufacturer, or retailer who does not 34 comply with any provisions of this chapter or any rule of the director 35 prescribes under this chapter. 36
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SECTION 4. Arkansas Code 6-60-803(7), concerning the definition of 2 "smoking" within the Clean Air on Campus Act of 2009, is amended to read as 3 follows: 4
(7) "Smoking" means inhaling, exhaling, burning, using, or 5 carrying any: 6
(A) Lighted tobacco product, including cigarettes, cigars, 7 and a cigarette, a cigar, or pipe tobacco; and 8
(B) Other lighted combustible plant material; and or 9
(C) E-cigarette as defined in 4-119-102; and 10
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SECTION 5. Arkansas Code 9-28-110 is amended to read as follows: 12
9-28-110. Smoking in the presence of foster children. 13
(a) As used in this section, "smoke" means the act of inhaling, 14 exhaling, burning, using, or carrying any: 15
(1) Lighted tobacco product, including a cigarette, a cigar, or 16 pipe tobacco; 17
(2) Other lighted combustible plant material; or 18
(3) E-cigarette as defined in 4-119-102. 19
(b) The Department of Human Services shall not place or permit a child 20 to remain in a foster home, unless it is in the best interest of the child to 21 be placed in or to remain in the foster home, if the foster parent: 22
(1) Or any other member Members of the household smokes smoke; 23 or 24
(2) Allows an individual Individuals are permitted to smoke in 25 the presence of a foster child by a foster parent. 26
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SECTION 6. Arkansas Code 12-6-401 is amended to read as follows: 28
12-6-401. Smoking in patrol vehicles prohibited. 29
(a) As used in this section, "smoking" means inhaling, exhaling, 30 burning, using, or carrying any: 31
(1) Lighted tobacco product, including a cigarette, a cigar, or 32 pipe tobacco; 33
(2) Other lighted combustible plant material; or 34
(3) E-cigarette as defined in 4-119-102. 35
(b) Each county sheriff's office and police department of a 36
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municipality may designate a proportionate number of its patrol vehicles as 1 "nonsmoking" vehicles and shall not allow smoking of tobacco products in 2 those vehicles. 3
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SECTION 7. Arkansas Code 20-27-706(a), concerning public smoking in 5 medical facilities, is amended to read as follows: 6
(a) Smoking of tobacco, vapor products, e-liquid products, or e-7 cigarettes is prohibited in and on the grounds of all medical facilities. 8
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SECTION 8. Arkansas Code 20-27-1803(17), concerning the definition 10 of "smoking" in the Arkansas Clean Indoor Air Act of 2006, is amended to read 11 as follows: 12
(17) "Smoking" means inhaling, exhaling, burning, using, or 13 carrying any: 14
(A) Lighted tobacco product, including cigarettes, cigars, 15 and a cigarette, a cigar, or pipe tobacco; and 16
(B) Other lighted combustible plant material; and or 17
(C) E-cigarette; and 18
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SECTION 9. Arkansas Code 20-27-1803, concerning the definitions 20 within the Arkansas Clean Indoor Air Act of 2006, is amended to add an 21 additional subdivision to read as follows: 22
(19) "E-cigarette" means a vapor product or an e-liquid product, 23 as those terms are defined in 26-57-203. 24
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SECTION 10. Arkansas Code 20-27-1902, as amended by Acts 2019, No. 26 315, is amended to read as follows: 27
20-27-1902. Definition Definitions. 28
As used in this subchapter,: 29
(1) "motor Motor vehicle" means any motor vehicle, except a 30 school bus, a church bus, or other public conveyance, that is required by 31 federal or state law, rule, or regulation to be equipped with a passenger 32 restraint system; and 33
(2) "Smoking" means inhaling, exhaling, burning, using, or 34 carrying any: 35
(A) Lighted tobacco product, including a cigarette, a 36
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cigar, or pipe tobacco; 1
(B) Other lighted combustible plant material; or 2
(C) E-cigarette as defined in 4-119-102. 3
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SECTION 11. Arkansas Code 20-78-217, as amended by Acts 2019, No. 5 315, is amended to read as follows: 6
20-78-217. Smoking prohibited - Legislative intent. 7
(a) Whereas, health authorities have established that smoking is not 8 conducive to good health and that children exposed to smoking face a 9 potential health hazard, therefore, it is the intent of the Seventy-Fifth 10 General Assembly to ban smoking in the physical confines of the day care 11 centers licensed by the Division of Child Care and Early Childhood Education 12 of the Department of Human Services. 13
(b) The division is directed to shall promulgate sufficient rules to 14 ensure that state licensing requirements for day care center operations 15 contain a stipulation which that bans smoking as defined by the Arkansas 16 Clean Indoor Air Act of 2006, 20-27-1801 et seq., within the physical 17 confines of each day care center. 18
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SECTION 12. Arkansas Code 22-3-220 is amended to read as follows: 20
22-3-220. Smoking in State Capitol Building prohibited. 21
(a) As used in this section, "smoking" means the act of inhaling, 22 exhaling, burning, using, or carrying any: 23
(1) Lighted tobacco product, including a cigarette, a cigar, or 24 pipe tobacco; 25
(2) Other lighted combustible plant material; or 26
(3) E-cigarette as defined in 4-119-102. 27
(b) Any person smoking any cigarette, cigar, pipe, or other tobacco 28 product in the State Capitol Building shall be is guilty of a violation 29 punishable by a fine of twenty-five dollars ($25.00). 30
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SECTION 13. Arkansas Code Title 26, Chapter 57, is amended to add an 32 additional subchapter to read as follows: 33
Subchapter 16 - E-Cigarette Privilege Tax 34
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26-57-1601. Definition. 36
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As used in this subchapter, "e-cigarette" means a vapor product or an 1 e-liquid product, as those terms are defined in 26-57-203. 2
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26-57-1602. Privilege tax. 4
There is levied a privilege tax on e-cigarettes sold in this state that 5 is equal to the total tax levied on tobacco products, as defined in 26-57-6 203, other than cigarettes. 7
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26-57-1603. Imposition, reporting, remittance, and administration of 9 privilege tax. 10
Except as otherwise provided in this subchapter, the privilege tax 11 levied under 26-57-1602 shall be imposed, reported, remitted, and 12 administered in the same manner and at the same time as taxes on tobacco 13 products under the Arkansas Tobacco Products Tax Act of 1977, 26-57-201 et 14 seq. 15
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26-57-1604. Invoices. 17
The privilege tax levied under 26-57-1602 shall be separately stated 18 and identified on each invoice or statement as the "E-cigarette Privilege 19 Tax". 20
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26-57-1605. Distribution of revenues. 22
The revenues collected under this subchapter shall be credited to the 23 Public School Fund to be used by the Department of Education to fund school 24 facility safety improvements, security equipment, security personnel, and 25 mental health counselors for students with an addiction or other mental 26 health issue. 27
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26-57-1606. Applicability. 29
The privilege tax levied under 26-57-1602 applies to e-cigarettes 30 sold on or after the effective date of this subchapter. 31
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26-57-1607. Rules. 33
(a) The Secretary of the Department of Finance and Administration, 34 shall adopt rules necessary to implement and allow for the enforcement of 35 this subchapter. 36
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(b) The Secretary of the Department of Education shall adopt rules 1 necessary to administer the school safety funding provided under 26-57-2 1605. 3
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SECTION 14. DO NOT CODIFY. Rules. 5
(a) When adopting the initial rules required under this act, the final 6 rules shall be filed with the Secretary of State for adoption under 25-15-7 204(f): 8
(1) On or before January 1, 2020; or 9
(2) If approval under 10-3-309 has not occurred by January 1, 10 2020, as soon as practicable after approval under 10-3-309. 11
(b) The Secretary of the Department of Finance and Administration, the 12 Secretary of the Department of Education, and Director of Arkansas Tobacco 13 Control shall file the proposed rules with the Legislative Council under 14 10-3-309(c) sufficiently in advance of January 1, 2020, so that the 15 Legislative Council may consider the rules for approval before January 1, 16 2020. 17
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SECTION 15. EFFECTIVE DATE. Section 13 of this act is effective on 19 the first day of the second calendar month following the effective date of 20 this act. 21
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