SESSION OF 2022
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2340
As Amended by House Committee of the Whole

Brief*
HB 2340, as amended, would amend the Kansas
Cigarette and Tobacco Products Act; the Kansas Indoor
Clean Air Act; law concerning student health; and criminal
statutes related to the use and possession of cigarettes,
electronic cigarettes, consumable material, and tobacco
products by persons under the age of 21.
The bill would change references to the legal age to use
or possess such products throughout the above Acts from 18
years of age (or a minor) to 21 years of age. The bill would
also define the term “regulated products” to mean cigarettes,
electronic cigarettes, consumable material, and tobacco
products, and would replace references to either “cigarettes”,
“electronic cigarettes”, or “cigarette and tobacco products”
with “regulated products” throughout the bill.

Kansas Cigarette and Tobacco Products Act
Purpose
The bill would amend the statement of purpose for the
Kansas Cigarette and Tobacco Products Act (Act) to include
the regulation and taxation of the sale of electronic cigarettes
and consumable material in addition to cigarettes and
tobacco products; and it would also state the intent to impose
a tax where applicable.

____________________
*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
 The bill would add the following to the list of reasons the
Director of Taxation (Director) would be able to refuse to
renew or issue a license or suspend or revoke licenses for
the sale of regulated products:
● Any person who is not of good character and
reputation in the community in which such person
resides;
● Any person who has been convicted of a felony or
of any crime involving moral turpitude or the
violation of any laws of any state or federal laws
pertaining to regulated products and has not
completed the sentence, parole, probation, or
assignment to a community correctional services
program imposed for such conviction within two
years immediately preceding the date of applying
for a license; or
● Any person who is not 21 years of age.
Change in Age to Purchase or Possess Tobacco Products
The bill would specify it is illegal to:
● Sell, furnish, or distribute any regulated products to
any person under 21 years of age;
● Buy any cigarettes or tobacco products for any
person under 21 years of age;
● To sell regulated products without having a license;
● Distribute samples within 500 feet of a school when
the facility is primarily used by persons under 21
years of age, unless the sampling is in an area that
restricts access to persons under age 21, and is in
or at a retail location where regulated products are
the primary commodity sold;

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 ● Sell regulated products through a vending machine
in an establishment open to persons under age 21,
with the exception of establishments open to
persons under age 21 if such vending machines
are behind a counter or in a place in an
establishment not open to persons under age 21;
● Sell regulated products through any self-service
display in any establishment, except in a facility
where the retailer ensures that no person under 21
years of age is present or permitted to enter at any
time; and
● To alter the package of any regulated products
prior to sale or distribution to the ultimate customer.
Posted Notice
The bill would require retail dealers to post and maintain
notice that cigarettes, electronic cigarettes, consumable
material, and tobacco products could be sold only to persons
over 21 years of age in a conspicuous place. The bill would
specify such notices must be:
● Posted in a manner conspicuous to both
employees and consumers;
● Unobstructed from view in their entirety;
● Within six feet of where such products are
available for purchase;
● At least 8.5 inches by 11 inches in size; and
● Legibly printed.
Penalties, Defenses
The bill would specify it would not be a violation of the
Act to permit an individual under 21 years of age to possess
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regulated products if such possession is solely in the course
of such person’s employment by a retailer.
The bill would clarify that, among other persons, the
person buying regulated products for any person under 21
years of age would be the person in violation of the Act.
The bill would specify a violation of the Act, or a violation
of a city or county ordinance that prohibits the acts made
illegal under the Act, would be considered a violation of the
Act.
Nuisances and Contraband
The bill would amend provisions in current law
concerning nuisances and contraband to include all regulated
products in the possession of a person under 21 years of
age, as well as consumable material on which tax has not
been paid. Under continuing law, nuisances and contraband
may be seized by the Director, an authorized agent, or a duly
constituted peace officer without process or warrant.
Training Program
The bill would amend law related to civil penalties that
may be imposed by the Secretary of Revenue (Secretary) to
specify that the Secretary may consider it a mitigating
circumstance in determining a civil penalty for a violation of
the Act if an employee of the licensee who violated the Act
has completed a training program in avoidance of underage
sales approved by the United States Secretary of Health and
Human Services. Current law specifies such program must
be approved by the Secretary.
Compliance Checks
The bill would require the Director, or an authorized
person, to perform compliance checks to engage persons
under 21 years of age to perform not less than two controlled
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buys at each licensed retail dealer establishment each year.
The bill would also require a subsequent unannounced
controlled buy within 90 days of any non-compliant controlled
buy.
The bill would specify compliance checks may be
conducted by persons under 18 years of age without the
consent of a parent or guardian.
Other Defined Terms:
The bill would create or amend the following definitions:
● “Consumable material,” to mean any liquid solution
or other material that is depleted as it is consumed
through the use of an electronic cigarette;
● “Electronic cigarette” to mean a battery-powered
device, whether or not such device is shaped like a
cigarette, that can provide inhaled doses of
nicotine by delivering a vaporized solution by
means of cartridges or other chemical delivery
systems as defined in 79-3301, and amendments
thereto;
● “Smoke” or “Smoking” to mean possession of a
lighted cigarette, cigar, pipe, or burning tobacco in
any other form or device designed for the use of
tobacco, or the use of an electronic cigarette;
● “Tobacco shop” to mean any indoor area operated
primarily for the retail sale of tobacco, tobacco
products, smoking devices, electronic cigarettes, or
accessories, and that derives not less than 65
percent of its gross receipt from any combination of
sales of tobacco, tobacco products, smoking
devices or electronic cigarettes.


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Schools
The bill would amend the prohibition on the use of
tobacco products in school buildings to specify the use of
cigarettes, electronic cigarettes, consumable material, and
tobacco products are prohibited in school buildings.

Technical Amendments
The bill would make technical amendments to ensure
consistency in statutory phrasing, and conforming
amendments to carry out the provisions of the bill.

Background
The bill was introduced by the House Committee on
Federal and State Affairs at the request of Representative
Eplee.

House Committee on Federal and State Affairs
In the House Committee on Federal and State Affairs
hearing on February 22, 2021, Representative Eplee, and
representatives of the American Academy of Pediatrics, Fuel
True, Kansas Association of School Boards, and United
School Administrators of Kansas testified as proponents of
the bill, stating that passing the bill would codify the federal
minimum legal age for tobacco use, reduce tobacco use
among adolescents, and help strengthen enforcement of the
law.
Written-only proponent testimony was submitted by
representatives of Kansas Academy of Family Physicians;
Kansas National Education Association; Olathe Public
Schools; Oral Health Kansas; Reynolds American; Unified
School District 229, Blue Valley; and a private citizen.
Representatives of the Kansas Department of Health &

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Environment, and Tobacco Free Kansas Coalition submitted
neutral testimony. No other testimony was submitted.

House Committee of the Whole
On March 23, 2022, the House Committee of the Whole
made technical amendments to the bill to update outdated
references to the 2020 Kansas Statutes Annotated
Supplement and to amend a remaining reference to age 18 in
current law.

Fiscal Information
According to the fiscal note prepared by the Division of
Budget on the bill as introduced, the The Department of
Revenue estimates enactment of the bill would decrease
state revenues by $7.4 million in FY 2022. Of that total, the
State General Fund (SGF) is estimated to decrease by
$7,140,000 in FY 2022, while the State Highway Fund is
estimated to decrease by $260,000 in FY 2022. The bill is
also estimated to decrease local sales tax revenues from
lower cigarette sales; however, the specific estimate of lower
local sales tax revenues was not calculated by the
Department of Revenue (Department).
While some cities and counties in Kansas have already
increased the age to purchase cigarettes, electronic
cigarettes, and tobacco products from 18 to 21 years of age,
the effect is unknown to the Department. To formulate these
estimates, the Department of Revenue reviewed data from
the Centers for Disease Control and Prevention that show an
estimated 17,219 smokers aged 18-20 in Kansas (14.1
percent of that particular population are smokers), which
represents approximately 4.52 percent of all adult smokers in
Kansas. The Department reported annual cigarette stamp
revenue of $116.5 million in 2020 and reducing consumption
by 4.52 percent would result in a reduction of approximately
$5.3 million in cigarette stamp revenue that goes to the SGF.

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The Department estimates that the $5.3 million cigarette
stamp revenue represents approximately 4.2 million packs of
cigarettes no longer being sold in Kansas. The bill is also
estimated to reduce tobacco products tax collections by
$400,000 and electronic cigarettes tax collections by
$100,000. There would also be a loss of an additional $1.6
million in sales tax revenue ($1,340,000 to the SGF and
$260,000 to the State Highway Fund). The Department
indicates that the bill would require $7,243 from the SGF in
FY 2022 to update forms and publications.
The bill would require the Department of Health and
Human Services to create or approve training materials for
those caught selling tobacco products to people under the
age of 21. The Kansas Department of Health and
Environment (KDHE) fiscal note assumes that this is a
drafting error and KDHE would have this responsibility. KDHE
indicates that if the bill requires it to create or approve training
materials for those caught selling tobacco products to people
under the age of 21, then it would require $26,155 from the
SGF in FY 2022 to contract with a part-time inspector to
conduct training sessions. KDHE indicates that the
Department is currently performing these duties. KDHE
indicates that there were 188 compliance violations in 2019
and assumes that the number of compliance violations would
not vary substantially as a result of this bill.
The bill has the potential for increasing litigation in the
courts because of the increased fine structure for violations of
the Cigarette and Tobacco Products Act created by the bill. If
it does, the Office of Judicial Administration indicates that
there would be a fiscal effect on the operations of the court
system. However, it is not possible to estimate the number of
additional court cases that would arise or how complex and
time-consuming the cases would be. The fiscal effect would
most likely be negligible and could be accommodated within
the existing budget resources.
The Attorney General’s Office (Office) indicates that the
bill would have no fiscal effect on its operations; however, the
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Office indicates that there might be additional law
enforcement actions on the local level to investigate and
prosecute additional violations. The Office also indicates that
the bill would likely reduce sales of cigarettes in the State,
which has the potential to decrease payments to Kansas
under the Master Settlement Agreement.
The Kansas Sentencing Commission indicates that the
bill would not have an effect on prison admissions and beds.
Any fiscal effect associated with the bill is not reflected in The
FY 2022 Governor’s Budget Report.
Cigarette and tobacco products; Cigarettte and Tobacco Products Act; minimum
purchase age


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Statutes affected:
As introduced: 21-6109, 21-6110, 50-6a14, 72-6285, 79-3301, 79-3302, 79-3303, 79-3304, 79-3309, 79-3321, 79-3322, 79-3323, 79-3326, 79-3334, 79-3335, 79-3388, 79-3606, 79-3391, 79-3394, 79-3396, 79-3399
{As Amended by House Committee of the Whole}: 21-6109, 21-6110, 50-6a14, 72-6285, 79-3301, 79-3302, 79-3303, 79-3304, 79-3309, 79-3321, 79-3322, 79-3323, 79-3326, 79-3334, 79-3335, 79-3388, 79-3606, 79-3391, 79-3394, 79-3396, 79-3399