HB 1076 - Proposed Law and Amendment
What You Need To Know
House Bill 1076 was introduced on January 11th, 2019, and is currently moving through the House. RMSFA was instrumental in crafting amendment L002 to the bill which allows vape shops to continue being vaping-friendly establishments, as long as those shops restrict access to anyone under 18.
The previous version of the bill was intended to amend the “Colorado Clean Indoor Air Act” in the following ways: (per Colorado General Assembly)
Adding a definition of "electronic smoking device" (ESD) to include e-cigarettes and similar devices within the scope of the act;
Citing the results of recent research on ESD emissions and their effects on human health as part of the legislative declaration;
Eliminating the existing exceptions for certain places of business in which smoking may be permitted, such as airport smoking concessions, businesses with 3 or fewer employees, designated smoking rooms in hotels, and designated smoking areas in assisted living facilities; and
Repealing the ability of property owners and managers to designate smoking and nonsmoking areas through the posting of signs.
(Note: This summary applies to this bill as introduced.)
What Does It Mean For You?
The largest effect of HB 1076 was the potential for an indoor vaping ban, which would have had an obvious effect on Colorado vape shops. Removing the ability for customers and employees to vape in shops would not only negatively impact the satisfaction of employees and customers, but would also be detrimental to customer service practices such as device support and flavor sampling.
This was the key point of contention from the RMSFA, and something we felt very strongly about. With the inclusion of our amendment to the bill, vape shops would be allowed to continue their practices of allowing indoor vaping with the caveat that youth access is restricted.
HB 1076 is currently awaiting final passage in the House, and afterwards will move to the Senate. We will continue monitoring the bill to ensure that no further unfriendly amendments are added.
In its current form, the RMSFA is in support of HB 1076, as it takes a reasonable step toward limiting youth access without being sensationalist.