HB1220 creates new state regulations for selling nicotine products (like vaping products and alternative nicotine items) and establishes licensing requirements for distributors and wholesalers who sell these products. The bill requires applicants for these licenses to pay a $1,000 fee, and creates a new "nicotine enforcement fund" to collect these fees for enforcement purposes. It also protects the confidentiality of lists of nicotine product licensees in the same way South Dakota protects other business licensee information.
This amendment fundamentally restructures the bill from regulating retail sales of nicotine products to creating a licensing and fee system for distributors and wholesalers, while dramatically increasing the application fee from one thousand dollars to one hundred fifty one thousand dollars and shifting regulatory focus upstream in the supply chain. The amendment represents a substantial pivot in regulatory approach and scope, as flagged by the "hog house" warning.
This amendment **comprehensively restructured and significantly broadened** the nicotine product regulation bill by adding detailed definitions for alternative nicotine products, nicotine analogs, and vapor products (electronic cigarettes), expanding the scope from basic tobacco/nicotine sales regulation to cover a much wider range of nicotine-containing products, while also establishing a dedicated nicotine enforcement fund and moving the bill from House to Senate jurisdiction. The bill was substantially rewritten (hoghoused) as noted in the document itself, shifting from narrowly regulating traditional nicotine product distribution to creating a comprehensive regulatory framework covering emerging nicotine delivery systems like e-cigarettes and their components.
The amendment was extensively rewritten (hoghoused) to shift from regulating general nicotine products to creating a specific licensing and enforcement framework for nicotine product distributors, including new definitions, license fees of one thousand dollars, and establishment of a nicotine enforcement fund. This BROADENS the bill's regulatory scope beyond simple sale regulation to include a comprehensive state licensing system with dedicated funding.
The amendment changed the bill's status from a "senate engrossed" version (which had been extensively amended and potentially altered from its original purpose) to an "enrolled" version, and corrected a typographical error by changing the fee for distributor or wholesaler licenses from "one hundred fifty" to "one thousand" dollars. This appears to be a technical correction finalizing the bill after legislative passage rather than a substantive shift in purpose.
Other amendments
Signed by the Governor H.J. 579
Delivered to the Governor H.J. 574
Signed by the President S.J. 528
Signed by the Speaker H.J. 560
House of Representatives Concurred in amendments Passed, YEAS 60, NAYS 7. H.J. 548
Senate Do Pass Amended Passed, YEAS 27, NAYS 7. S.J. 484
Senate Motion to amend S.J. 483
Health and Human Services Do Pass Amended Passed, YEAS 5, NAYS 2. S.J. 25
Health and Human Services Motion to amend S.J. 25
Health and Human Services Scheduled for hearing
First read in Senate and referred to Senate Health and Human Services S.J. 340
House of Representatives Do Pass Amended Passed, YEAS 40, NAYS 25. H.J. 370
Health and Human Services Do Pass Amended Passed, YEAS 11, NAYS 2.
Health and Human Services Hoghoused
Health and Human Services Scheduled for hearing
First read in House and referred to House Health and Human Services H.J. 177
Prime sponsor · Rep.
R
Prime sponsor · Sen.
R
Concurred in amendments
Do Pass Amended
Health and Human Services — Do Pass Amended
Do Pass Amended
Health and Human Services — Do Pass Amended