Kansas 2025-2026 Regular Session

Kansas House Bill HB2094

Introduced
1/27/25  

Caption

Authorizing the sale of electronic cigarettes in cigarette vending machines.

Summary

HB 2094 amends Kansas’s cigarette and tobacco products laws to expressly allow electronic cigarettes to be sold through cigarette vending machines. To do that, the bill updates statutory definitions to include electronic cigarettes alongside cigarettes and tobacco products, revises licensing provisions for dealers, vending machine distributors, and vending machine operators, and clarifies that vending machine permits may cover machines dispensing e-cigarette products. It also specifies that vending machines selling electronic cigarettes may offer devices used to vaporize nicotine liquid, cartridges or pods, batteries, and charging devices. The bill also revises the state’s tobacco-control and tax enforcement provisions to account for electronic cigarettes. It keeps the general prohibitions on underage sales, possession, and vending-machine sales in places open to minors, while carving out electronic cigarettes from the existing ban on cigarette vending machines selling small cigars or similar products. The bill leaves in place the electronic cigarette excise tax of 5 cents per milliliter of consumable material and updates cross-references and definitions to align the cigarette tax and licensing scheme with e-cigarette sales. In practical terms, HB 2094 would change state law by expanding where and how electronic cigarettes may be sold, while preserving licensing, permit, inspection, and reporting requirements for the affected businesses. It would affect retailers, vending machine operators, vending machine distributors, wholesalers, and the Department of Revenue/Division of Taxation by adding compliance obligations for e-cigarette vending machine sales and by integrating those sales into the existing tobacco tax framework. The overall sentiment reflected in the bill materials is limited but appears generally supportive of allowing e-cigarette vending machine sales, consistent with the bill’s caption and introduction by committee request. Because there were no recorded votes or committee transcript excerpts provided, there is no documented floor or committee debate to show broader support or opposition. The main likely point of contention is youth access: the bill expands vending-machine availability for e-cigarettes, but it does so within a regulatory structure that still prohibits sales to persons under 21 and restricts vending machines in locations open to minors.

Impact

HB 2094 would amend Kansas statutes governing cigarette and tobacco product licensing, vending machine regulation, and electronic cigarette taxation. It would specifically revise K.S.A. 79-3301, 79-3303, 79-3321, and 79-3399 to incorporate electronic cigarettes into the existing regulatory framework and to authorize their sale in cigarette vending machines under specified conditions. The bill would affect retailers, vending machine operators, vending machine distributors, and state tax administrators by expanding permitted vending-machine product offerings while maintaining licensing, permit, reporting, inspection, and age-restriction requirements.

Sentiment

The available context suggests a neutral-to-supportive posture toward the bill, with the measure introduced as a committee bill and no recorded votes or transcript debate indicating organized opposition. The caption and statutory changes show a targeted policy adjustment rather than a broad overhaul. Because no committee discussion or vote history is provided, the record does not show whether the proposal was controversial in committee or on the floor.

Contention

The most notable policy tension is between expanding commercial access to electronic cigarettes through vending machines and concerns about youth access and enforcement. The bill preserves the existing age-21 restrictions, bans vending-machine sales in establishments open to minors except in limited circumstances, and retains self-service display limits, but critics could still object that vending machines make nicotine products easier to obtain. Another possible point of contention is whether the state should further normalize e-cigarette sales in automated retail settings, especially given ongoing public health concerns about nicotine use and youth vaping.

Companion Bills

No companion bills found.

Previously Filed As

KS SB8

Exempting the sale of firearms, firearms accessories, ammunition, firearm safes and firearm safety devices from the retatilers' sales tax.

KS SB6

Providing a sales tax exemption for sales of electricity to residential premises by municipally owned or operated utilities.

KS SB5

Authorizing counties to impose an earnings tax.

KS HB2004

Authorizing counties to propose an earnings tax for ballot question.

KS HB2001

Authorizing the secretary of commerce to enter into agreements with major professional sports franchises to establish STAR bond projects for a major professional sports complex, providing for additional revenue sources, expanding the powers and discretion of the secretary and making other changes to the STAR bonds financing act to facilitate such projects, limiting the secretary’s authority to approve such projects to one year unless extended by the legislative coordinating council, authorizing the Kansas development finance authority to issue STAR bonds for such projects, transferring funds under certain circumstances from the state gaming revenues fund to the attracting professional sports to Kansas fund for the fiscal year ending June 30, 2025, and, if approved by the legislative coordinating council, for the fiscal year ending June 30, 2026.

KS HB2003

Establishing the veterans' valor property tax relief act providing for an income tax credit or refund for eligible individuals, modifying the definition of household income and increasing the appraised value threshold for eligibility of seniors and disabled veterans related to increased property tax claims and citing the section as the homeowners' property tax freeze program, providing property tax exemptions for certain personal property including watercraft, marine equipment, off-road vehicles, motorized bicycles and certain trailers, excluding internal revenue code section 1031 exchange transactions as indicators of fair market value, providing for certain exclusions from the prohibition of paying taxes under protest after a valuation notice appeal and providing four prior years' values on the annual valuation notice.

KS SB7

Authorizing federally licensed firearm dealers, in addition to county sheriffs, to receive applications for concealed carry licenses and forward such applications to the attorney general, prohibiting sheriffs from assessing any fee related to application services and allowing dealers to assess a fee related to application services not to exceed $20.

KS SB2

Eliminating the income limit to qualify for the subtraction modification exempting social security benefits, increasing the income tax credit amount for household and dependent care expenses, establishing the veterans' valor property tax relief act providing for an income tax credit or refund for eligible individuals, citing the increased property tax homestead refund claim section as the homeowners' property tax freeze program, decreasing the normal privilege tax rate, increasing the extent of property tax exemption for residential property from the statewide school levy, decreasing the rate of ad valorem tax imposed by a school district; providing for certain transfers to the state school district finance fund, reducing the state rate of tax on sales of food and food ingredients and modifying the percent credited to the state highway fund from revenue collected.

KS SB1

Modifying income tax rates for individuals, exempting all social security benefits from Kansas income tax, increasing the Kansas standard deduction and the Kansas personal exemption, increasing the income tax credit amount for household and dependent care expenses, decreasing the privilege tax normal tax, excluding internal revenue code section 1031 exchange transactions as indicators of fair market value for property tax valuation purposes, increasing the extent of property tax exemption for residential property from the statewide school levy, providing for certain transfers to the state school district finance fund and abolishing the local ad valorem tax reduction fund and the county and city revenue sharing fund.

KS SB3

Clarifying the procedures and restrictions on accepting a nomination for an elected office.

Similar Bills

WV SB130

Creating E-cigarette and E-cigarette Liquid Directory

WV SB93

Creating E-cigarette and E-cigarette Liquid Directory

KS SB355

Regulating the manufacture, wholesale and distribution of electronic cigarettes in this state and establishing licensure of electronic cigarette manufacturers.

NJ A1748

Requires school districts to provide instruction on dangers of electronic cigarette usage as part of New Jersey Student Learning Standards in Comprehensive Health and Physical Education.

NV AB536

Revises provisions relating to tobacco. (BDR 32-1098)

WI AB511

The cigarette excise tax and cigarettes that involve heating tobacco without combustion. (FE)

WI SB544

The cigarette excise tax and cigarettes that involve heating tobacco without combustion. (FE)

NJ A3722

Provides phased-in increases in cigarette tax rate over four-year period.