Vaping products would be banned everywhere that smoking tobacco is already prohibited in South Dakota under legislation that received support Thursday from the state Senate.
The vote for HB 1209 was 21-13 in favor. The bill returns to the House of Representatives for agreement on a clarification the Senate Health and Human Services Committee made Wednesday.
Senator Rocky Blare, an Ideal Republican, explained the legislation Thursday. “Right now, within this body, people could be using e-cigarettes legally,” Blare told senators.
Senator Stace Nelson, a Fulton Republican, asked what it would cost South Dakota. Blare said he didn’t know of any.
Nelson said he had given a fiscal-note request to the Senate’s front desk. Lieutenant Governor Larry Rhoden and Senator Brock Greenfield, the body’s top member, huddled with their red rulebooks
Rhoden declared Nelson’s motion was out of order. Rhoden cited a rule that requires a member to have one-fifth of the body’s support before the bill was read a second time in the chamber.
Nelson later told Rhoden he had put his request on the front desk beforehand but decided he wouldn’t press the matter.
Senator Craig Kennedy, a Yankton Democrat, asked Blare if vaping products would remain exempt from the tobacco tax. “I believe that would be correct,” Blare said.
Senator Deb Soholt, a Sioux Falls Republican, praised it an expansion of the smoking ban. But Senator Lynne DiSanto, a Box Elder Republican, said she opposed it because there wasn’t solid informaton about whether second-smoke from vaping is harmful.
Senator Wayne Steinhauer, a Hartford Republican, said there are different types of vaping systems. “So you don’t know what’s being vaped next to you and exhaled,” Steinhauer said. He noted that a lobbyist for JUUL, a maker of vaping products, testified in support Wednesday.