SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2269
As Recommended by House Committee on
Federal and State Affairs

Brief*
HB 2269 would amend the Kansas Cigarette and
Tobacco Products Act (Act) to raise the minimum age to 21 to
sell, purchase, and possess cigarettes, electronic cigarettes,
and tobacco products.

Licensing
The bill would amend a statute concerning licensing to
raise the minimum age to receive such a license governed by
the Act to age 21.
The bill would amend a related statute to require the
Kansas Department of Revenue Director of Taxation
(Director) to notify licensees who are not age 21 of the
Director’s intention to suspend or revoke such person’s
license due to them being under 21 years of age.

Unlawful Acts and Related Penalties
The bill would amend the Act’s unlawful act provisions
concerning cigarettes, electronic cigarettes, or tobacco
products. Specifically, the bill would amend references to the
minimum age in statutes concerning the following:
● Sale, furnishing, or distribution of cigarettes,
electronic cigarettes, or tobacco products;
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 ● Possession or attempt to possess such products;
● The age listed on required notice of the minimum
age to be sold such products;
● Distribution of samples within 500 feet of a school
when the facility is primarily used by persons under
the minimum age;
○ Distribution of such samples in an area to
which persons under the minimum age are
allowed access; and
● Use of a self-service display in a facility where the
retailer allows persons younger than the minimum
age to be present or permitted to enter at any time.
Criminal Penalty
The bill would amend current law provisions setting out
criminal penalties for the unlawful acts of selling, giving,
furnishing, or buying such cigarettes or tobacco products by
raising the minimum age from 18 to 21. The bill would also
make related amendments to provisions concerning defenses
to such offenses.
Civil Penalty
The bill would also amend current law provisions setting
out civil penalties for unlawful acts related to selling, giving,
furnishing, or buying cigarette or tobacco products for
persons under the minimum age by raising the minimum age
from 18 to 21. The bill would make a related amendment to a
provision specifying certain sale-avoidance training would be
a mitigating circumstance in determination of a fine by the
Director.


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Background
The bill was introduced by the House Committee on
Federal and State Affairs at the request of Representative W.
Carpenter.
[Note: 2021 HB 2340, which also would have raised the
minimum tobacco product age was passed by the House of
Representatives on March 23, 2022.]

House Committee on Federal and State Affairs
In the House Committee hearing on February 9, 2023,
proponent testimony was provided by Representative Eplee
and representatives of the Kansas Department of Revenue
(KDOR) and the Kansas Department for Aging and Disability
Services (KDADS). The proponents discussed the health
care costs and issues associated with tobacco use and noted
the bill would conform Kansas law to federal law, which could
risk the loss of federal funding if Kansas law is not in
conformity with federal law. [Note: The federal Synar program
set a deadline of December 31, 2022, for state conformity.]
Written-only proponent testimony was provided by
representatives of the DCCCA, FuelTrue Independent Energy
and Convenience, the Greater Kansas City Chamber of
Commerce, the Kansas Chapter of the American Academy of
Pediatrics, the Kansas Hospital Association, the Kansas
National Education Association, and the University of Kansas
Cancer Center.
Neutral testimony was provided by representatives of
the American Heart Association and the Tobacco Free
Kansas Coalition, who stated their concern with penalties for
youth who may be penalized under the bill for purchase or
possession, and their concern that synthetic nicotine and puff
bars may not be covered under the bill.


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Fiscal Information
According to the fiscal note prepared by the Division of
Budget on the bill, KDOR states that increasing the minimum
age from 18 to 21 would bring Kansas into compliance with
federal law, and in conformity with 80.0 percent of all other
states, which have moved their statutes to 21. Additionally,
increasing the age would allow the agency to maintain its
contract with the federal government to carry out enforcement
of the cigarette and tobacco laws. Without this change, the
federal government could withhold funding of $1.2 million for
state enforcement, and the enforcement of the cigarette and
tobacco laws under this program would cease.
KDOR estimates enactment of the bill would decrease
state revenues by $7.6 million in FY 2024. Of that total, the
State General Fund (SGF) revenue is estimated to decrease
by $7,323,519 in FY 2024, while the State Highway Fund
revenue is estimated to decrease by $276,481 in FY 2024.
The fiscal effect to state revenues during subsequent years
would be a decrease of $7.5 million in FY 2025 and $7.3
million in FY 2026. The bill is also estimated to decrease local
sales tax revenues beginning in FY 2024; however, a specific
estimate was not calculated by KDOR.
To formulate these estimates, KDOR reviewed data from
the federal Centers for Disease Control and Prevention that
show an estimated 17,142 smokers aged 18-20 in Kansas,
which represents approximately 4.74 percent of all adult
smokers in Kansas. KDOR reported annual cigarette stamp
revenue of $113.5 million in 2021, and reducing consumption
by 4.74 percent would result in a reduction of approximately
$6.0 million in cigarette stamp revenue that goes to the SGF,
and an additional loss of $1.6 million in sales tax revenue, of
which $1,323,519 is deposited into the SGF and $276,481 is
deposited into the State Highway Fund (SHF). KDOR
estimates that approximately 4.0 million fewer packs of
cigarettes would be sold in Kansas as a result of the bill. The
bill is also estimated to reduce tobacco products tax
collections by $400,000 and electronic cigarettes tax
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collections by $100,000. KDOR indicates that the bill would
require $3,322 from the SGF in FY 2024 to update forms and
publications.
The Kansas Department of Transportation (KDOT)
indicates the bill would reduce state revenues to the SHF as
noted above. KDOT indicates that when the state receives
lower SHF dollars, it may be required to make corresponding
reductions to planned expenditures for projects funded under
the comprehensive transportation plan.
The Kansas Association of Counties and the League of
Kansas Municipalities indicate that the bill would provide a
net reduction to local sales tax collections that are used in
part to finance local governments. The bill also has the
potential to reduce revenues that are pledged to repay STAR
bond projects; however, it is unknown what impact this bill
would have on the viability of those projects.
Any fiscal effect associated with the bill is not reflected
in The FY 2024 Governor’s Budget Report.
Kansas Cigarette and Tobacco Products Act; electronic cigarette, minimum age;
criminal penalty; civil penalty


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Statutes affected:
As introduced: 79-3304, 79-3309, 79-3322, 79-3391, 79-3321
Enrolled - Law effective July 1, 2023: 79-3304, 79-3309, 79-3321, 79-3322, 79-3391
Enrolled: 79-3304, 79-3309, 79-3321, 79-3322, 79-3391