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State Legislative Bill Introductions & Actions

February 9, 2019

State Legislative Bill Introductions

State tobacco-related legislative bills that have been introduced in the past week are listed below alphabetically by state:

Arizona: Senate Bill 1363 increases the minimum legal sales age for tobacco products to 21 and caps the penalty on the underage person purchasing tobacco products. Senate Bill 1527 imposes a new excise tax on e-cigarette products of 43% of the wholesale cost. Senate Concurrent Resolution 1026 would submit to the voters the question of whether to raise the tax on cigarettes by $1.50 per pack, the tax on OTP and cigars by 43% of the wholesale price, and the tax on ecigarettes by 73% of the wholesale cost.

Maryland: Senate Bill 378 raises the minimum sales age for tobacco products and vapor products from 18 to 21. Senate Bill 826 exempts certain premium cigars from the state tobacco tax.

Nevada: Senate Bill 62 revises provisions regarding tobacco manufacturers. Senate Bill 81 makes wholesale and retail licensing requirements for cigarettes and other tobacco products uniform.

New York: Assembly Bill 2952 prohibits the advertisement of tobacco products at mass transit facilities. Assembly Bill 3991 prohibits the advertisement of tobacco products within 1,000 feet of school grounds. Assembly Bill 4365 prohibits the use of coupons or use of a price reduction instrument to lower the price of certain tobacco products. Assembly Bill 4719 makes it unlawful for a person under age 18 to possess tobacco products. Senate Bill 3406 prohibits the advertisement of electronic cigarettes, liquid nicotine and hookah tobacco within 500 feet of a school or park.

Oklahoma: House Bill 1432 increases the legal age to purchase and possess tobacco and vapor products from 18 to 21 years of age.

South Carolina: House Bill 3932 proposes an amendment to the State Constitution that increases the purchase age for tobacco and vapor products from 18 to 21 years of age.

Tennessee: House Bills 764, 1454, and 1459 and Senate Bills 849 and 1200 increase the legal age to purchase tobacco products and vapor products from 18 to 21 years of age. House Bill 1419 and Senate Bill 738 raise the minimum purchase age to 21 and increase the cigarette tax by $.0125 per cigarette ($.25 per pack of twenty). House Bill 1213 and Senate Bill 946 increase the cigarette tax to $.0835 per cigarette and the OTP tax to 17% of wholesale.

Utah: House Bill 274 defines businesses that sell any flavored tobacco product (other than tobacco or menthol) as a retail tobacco specialty business and applies the existing restrictions on proximity to certain locations and to one another.

State Legislative Bill Actions

State tobacco-related legislative bills that have been acted on by a state legislative committee or state legislature are listed below alphabetically by state:

Colorado: House Bill 1033, which authorizes a county to enact minimum sales legislation for tobacco products, provided the ordinance is more stringent than State law, authorizes cities, towns and counties to impose fees, licenses or taxes on cigarette sales, removes the current provision that prohibits localities from enacting separate cigarette tax ordinances in order to receive a portion of State cigarette tax revenue, and authorizes a county to impose a special sales tax on the sale of cigarettes, tobacco products, or nicotine products through a vote by the people within the county, passed the House and moved to the Senate on February 6, 2019.

Hawaii: House Bill 276, which would ban the sale of all flavored tobacco products, passed House Health Committee on February 5, 2019. House Bill 387, which would prohibit the shipment and transport of tobacco products ordered or purchased through a remote sale, to anyone other than a licensee, apply all provisions of the cigarette tax and tobacco tax law to eliquid, increase the license fee for tobacco retailer permits from $20 to $50, and change the tobacco tax on all tobacco products other than large cigars by an unspecified amount, passed House Committee on Health on January 31, 2019. House Bill 1284, which would, effective July 1, 2050 repeal State preemption of local laws concerning the regulation of tobacco products and allow counties to adopt laws at least as stringent as State law, passed House Health Committee on February 5, 2019.

Indiana: Senate Bill 271, which eliminates a state requirement that an e-liquid manufacturer or a closed system vapor product manufacturer include certain information on an e-liquid container; removes a duplicative provision that requires the label of an e-liquid container to indicate if the product contains nicotine, passed the Senate Public Policy Committee on January 31 and second reading in the Senate on February 5, 2019. Senate Bill 425, which raises the minimum age from 18 to 21—exempts individuals who attained age 18 before July 1, 2019 and active duty military and veterans who are at least age 18, passed the Senate Health and Provider Services Committee on February 6, 2019. House Bill 1444, which taxes electronic cigarettes that contain nicotine, was amended to reduce the rate to $.04 per milliliter and approved by the House Ways and Means Committee on February 6, 2019.

Iowa: Senate Bill 66, which increases the purchase age for vapor products, from 18 to 21 years of age, passed the Senate Judiciary Sub-Committee on January 31, 2019.

Mississippi: House Bill 83, which prohibits smoking indoors, died in Committee on February 5, 2019. House Bills 507 and 742, which increase the purchase age for tobacco and vapor products from 18 to 21 years of age, died in Committee on February 5, 2019.

New Mexico: House Bill 261, which increases the tax on cigarettes by $1.50 per pack (from $1.66 per pack to $3.16 per pack), increases the tax on tobacco products from 25% to 76% of the product value, and imposes a tax on vapor products at the OTP tax rate of 76% of the product value, passed the House Health and Human Services Committee on February 5, 2019. Senate Bill 166, which increases the tax on cigarettes by $.34 per pack, taxes little cigars at the same rate as cigarettes, and imposes a tax on liquid nicotine at the rate of $.05 per milliliter, passed the Senate Public Affairs Committee on February 4, 2019.

North Dakota: House Bill 1477 was amended in the House to prohibit the sale of flavored eliquid and electronic smoking devices to minors on February 6, 2019. The original version of the bill banned the sale of flavored e-liquid to legal age adults. Senate Bill 2355, which was amended to remove all tobacco and vapor tax provisions, passed the Senate and moved to the House on February 6, 2019.

Oregon: The following bills were considered in a Work Session in the House Health Care Committee on February 5, 2019: House Bill 2123 imposes a tax on vapor products at the following rates: 95% of the wholesale price of inhalant form nicotine that is sold separately from an inhalant delivery system or sold in a disposable cartridge used in an inhalant delivery system and 70% of the wholesale price of an inhalant delivery system that is sold containing inhalant form nicotine and does not require any additional components for use; House Bill 2158 removes the per cigar limitation (50 cents) on the state cigar tax; House Bill 2159 and House Bill 2169 impose a tax on vapor products at the rate of 95% of the wholesale price; House Bill 2270 increases the tax on cigarettes by $2.00 per pack, includes inhalant delivery devices on the definition of tobacco products, thus imposing the OTP tax rate of 65% of the wholesale price on vapor products, and removes the per cigar limitation (50 cents) on the state cigar tax.

Vermont: House Bill 47, which taxes electronic cigarettes at the OTP rate of 92% of wholesale—includes liquids whether nicotine based or not and delivery devices sold separately, passed the House on February 1, 2019.

Virginia: House Bill 1946, which gives all counties, cities, and towns within the Commonwealth the right to tax cigarettes, was left in Committee on February 5, 2019. House Bill 2084, which gives all counties, cities, and towns with a population greater than 100,000 people the right to tax cigarettes, was left in Committee on February 5, 2019. House Bill 2748, which increases the purchase age for tobacco and vapor products, from 18 to 21 years of age, passed the House on February 6, 2019. Senate Bill 1606, which taxes vapor products at 40% of the price paid to a wholesale dealer by a retail dealer, was left in Committee on January 23, 2019. Senate Bill 1727, which increases the purchase age for tobacco and vapor products from 18 to 21 years of age, passed House Courts of Justice Committee on February 6, 2019.

Wyoming: House Bill 282, which imposes a tax on vapor products at 20% of the wholesale price, passed the House on February 7, 2019. A cigarette tax increase of $.50 per pack was amended out of the bill on the House Floor prior to passage.

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