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Key Votes

SB 802 - Prohibits the Sale of Electric Cigarettes to Minors - Key Vote

Oklahoma Key Votes

Al McAffrey voted Nay (Passage) on this Legislation.

Read statements Al McAffrey made in this general time period.

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Legislation - Referred to Committee (House) -
Legislation - Bill Passed (Senate) (26-15) - (Key vote)

Title: Prohibits the Sale of Electric Cigarettes to Minors

Vote Smart's Synopsis:

Vote to pass a bill that prohibits vapor products from being sold to individuals less than 18 years of age, effective November 1, 2013.

Highlights:
  • Prohibits a “vapor product” or a “tobacco-derived product” from being sold to an individual less than 18 years of age (Sec. 2).
  • Defines “vapor product” as a noncombustible, tobacco derived product containing nicotine that employs a mechanical heating element that can be used to heat a liquid nicotine solution, and specifies that a vapor product includes an electronic cigarette (Sec. 1).
  • Defines “tobacco-derived product” as any noncombustible product derived from tobacco that contains nicotine and is to be chewed, absorbed, dissolved, or ingested by any other means, but does not include a vapor product (Sec. 1).
  • Requires an individual engaged in the sale or distribution of tobacco products, tobacco-derived products, or vapor products to require proof of age from a prospective purchaser if “an ordinary person would conclude on the basis of appearance that the prospective purchaser may be under 18 years of age” (Sec. 2).
  • Specifies that an individual engaged in the sale or distribution of tobacco products, tobacco derived products, or vapor products to an individual less than 18 years of age is subject to the following fines (Sec. 2):
    • A fine of up to $100 for a first offense;
    • A fine of up to $200 for a second offense;
    • A fine of up to $300 for a third offense within a 2 year period following the first offense, and a possible suspension of up to 30 days of the store’s license to sell the products; and
    • A fine of up to $300 for a fourth or subsequent offense within a 2 year period following the first offense, and a possible suspension of up to 60 days of the store’s license to sell the products.
  • Specifies that an individual less than 18 years of age is subject to the following fines if he or she has in his or her possession a tobacco product, tobacco-derived product, or vapor product (Sec. 3):
    • A fine of up to $100 for a first offense; and
    • A fine of up to $200 for a second or subsequent offense within a 1 year period following the first offense.
  • Establishes a $0.05 tax per product unit on all vapor products and tobacco-derived products, and specifies that at no time shall the tax rate exceed one-tenth the rate of tax on a pack of cigarettes in Oklahoma (Sec. 13).
Legislation - Introduced (Senate) -

Title: Prohibits the Sale of Electric Cigarettes to Minors

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