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State Legislative Bill Introductions & Actions Update

The following is an update from the National Association of Tobacco Outlets (NATO) sourced through their February 1st online bulletin. Reposted with permission.

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 1391, which adds the use of e-cigarettes to the state law prohibiting smoking in public places, was introduced on January 28, 2020.  Senate Bill 1400, which raises the minimum legal sales age for tobacco products to 21, requires retailers to verify age of purchasers who are under 30, creates a state tobacco retail licensing program and authorizes local jurisdictions to license and further regulate tobacco products, was introduced on January 28, 2020.  Senate Bill 1401, which expands the restriction on delivery sales to all tobacco products (including electronic cigarettes, cigars and pipe tobacco), was introduced on January 28, 2020.

Georgia:  House Bill 809 increase the purchase age for tobacco and vapor products from 18 to 21 years of age.

Hawaii:  House Bill 2507, which increases the minimum legal sales age and minimum age for purchase or possession of tobacco products to 25, was introduced on January 22, 2020.  House Bill 2540, which increases the minimum legal sales age in stages from 21 to 100 years of age by 2025, was introduced on January 23, 2020.

Illinois:  House Bill 4316 prohibits the sale of vapor products that contain more than 25 milligrams per milliliter of nicotine or vitamin E acetate; prohibits the sale of flavored vapor products at retailers that permit persons under the age of 21 inside the premises; increases the penalties for selling a tobacco or vapor product to minors; and prohibits the sale of vapor products with labeling or packaging intended to be attractive to persons under the age of 21.

Indiana:  House Bill 1298 raises the penalty from a Class C infraction to a Class B infraction if a person sells tobacco products or electronic cigarettes to a person under age 18; requires the ATC to revoke a tobacco sales certificate if the certificate holder has three violations after 2017.

Iowa:  House Bill 2134 imposes an excise tax on vapor products at a rate of 50% of the wholesale price; raises the minimum sales age for tobacco products and vapor products from 18 to 21; prohibits the sale of flavored vapor products; requires vapor product retailers to obtain a permit; prohibits the advertisement of vapor products in a location that is visible to any person under the age of 21; prohibits the online advertisement of vapor products; and prohibits the use of vapor products where smoking is already prohibited.  House Bill 2167 increases the tax on cigarettes by $1.00 per pack.

Kentucky:  House Bill 351 increases taxes: cigarettes by $.10 per pack, snuff from $.19 to $.38 per unit, chewing tobacco rates doubled based on unit categories, tobacco products from 15% to 30% and a new vape tax at $.10 per fluid milliliter.

Maryland:  Senate Bill 410 prohibits the sale of an electronic smoking device that contains a flavor other than tobacco.  House Bill 400 taxes vaping products at the OTP rate of 30% of wholesale.

Mississippi:  House Bill 49 increases the purchase age for vapor products from 18 to 21 years of age.  House Bill 249 increases the tax on all tobacco products other than cigarettes to 22.5% of the manufacturer’s list price.  House Bill 251 increases the tax on cigarettes by $.50 per pack.

Missouri:  House Bill 2275 would permit localities to increase the tax on cigarettes.

New Jersey:  Senate Bill 1008 increases tobacco products wholesale sales and use tax rates to be on par with the tax rate imposed on cigarettes.  Senate Bill 1144 prohibits the sale of tobacco products and electronic smoking devices at pharmacies.

New York:  Assembly Bill 9553 (same as S7050) prohibits the sale of electronic cigarettes that contain certain toxic metals (list to be established by the department of public health).  Assembly Bill 9573 (same as S7259) prohibits the sale of cigarettes with single-use filters and single-use electronic cigarettes.  Assembly Bill 9578 prohibits the low-cost or no-cost promotion of flavored electronic cigarettes (excludes menthol).

Rhode Island:  Senate Bill 2114 taxes little cigars the same as cigarettes; requires little cigars to be sold in packages of 20 or more.

Tennessee:  Senate Bill 1886 increase the legal age to 21 and imposes a tax on electronic smoking device cartridges (full text of the bill not yet available).

Vermont:  Senate Bill 288 bans the sale of flavored tobacco products, flavored e-liquid and flavored tobacco substitutes.

 

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:

Florida:  Senate Bill 810, which increases the purchase age for tobacco and vapor products from 18 to 21 years of age, will be considered in the Senate Innovation, Industry, and Technology Committee on February 3, 2020.  Senate Bill 1394 would impose the OTP excise tax of 85% of the wholesale price on vapor products, will be considered in the Senate Appropriations Committee on February 3, 2020.

Indiana:  Senate Bill 397, which caps nicotine content of e-liquid and electronic cigarettes at 20 milligrams per milliliter, was heard, but not voted on, in the Senate Public Policy Committee on January 29, 2020.

Iowa:  Senate Study Bill 3016, which raises the age to purchase tobacco products to 21 years of age, passed the Senate State Government Sub-Committee on January 21, 2020.

Kentucky:  Senate Bill 56, which prohibits the sale of tobacco products and vapor products to persons under the age of 21, passed the Senate on January 23, 2020.

Maryland:  Senate Bill 3, which increases the cigarette tax to $4.00 per pack and the OTP tax rate to 86% (includes electronic smoking devices), was heard in the Senate Budget and Taxation Committee on January 29, 2020.

New Mexico:  Senate Bill 91, which prohibits the sale of flavored electronic cigarette products, passed the Senate Committee on Committees on January 27, 2020.  The bill remains in the Senate Public Affairs and Judiciary Committees.

South Dakota:  House Bill 1063, which raises the age to purchase tobacco products to 21 years of age, passed as amended in the House Health and Human Services Committee on January 28, 2020.

Virginia:  The following bills were referred to the House Finance Committee on January 27, 2020: House Bill 1119, which bans the sale of flavored tobacco and vapor products.  House Bill 1185, which limits flavored vaping product sales including menthol to age-restricted stores. House Bill 1283, which prohibits the sale of tobacco products through self-service vending machines and prohibits tobacco sales within 1000 feet of a youth-oriented facility and prohibits online sales of tobacco and vapor products.

Washington: Senate Bill 6254, which prohibits the sale of all flavored electronic cigarette products; limits the nicotine content/delivery of vapor products; contains licensing requirements for both in-state and out-of-state vapor product manufacturers; and prohibits manufacturers from also be licensed as a retailer or delivery seller, was considered in a second public hearing in the Senate Health and Long-Term Care Committee on January 27, 2020.