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State Legislative Bill Introductions & Actions

The following is an update from the National Association of Tobacco Outlets (NATO) sourced through their January 24th 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: 

Alaska:  Senate Bill 146 prohibits the sale of cigarettes.

Arizona:  House Bill 2636 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.  House Bill 2637 expands the restriction on on-line delivery sales to all tobacco products (including electronic cigarettes, cigars and pipe tobacco).

Georgia: Senate Bill 298 increases the purchase age for vapor products from 18 to 21 years.

Hawaii:  House Bill 1718, Senate Bill 2101 and Senate Bill 2173 authorize counties to regulate tobacco products.  House Bill 2346, Senate Bill 2231, Senate Bill 2302 and Senate Bill 2902 include vapor products in the definition of tobacco products in order to impose the existing 70% of wholesale price tobacco excise tax on them and increases the cost of the annual retail tobacco permit from $20 to $50.  House Bill 2456 includes vapor products in the definition of tobacco products in order to impose the existing 70% of wholesale price tobacco excise tax on them and prohibits delivery of vapor products to unlicensed persons, was introduced on January 22, 2020. House Bill 2347, Senate Bill 2903 and Senate Bill 2904 ban the sale of flavored tobacco products.  House Bill 2457 bans the sale of flavored tobacco products.  Senate Bill 2228 prohibits the sale of flavored electronic cigarette products.  Senate Bill 2301 imposes a “cigarette litter abatement fee” of an unspecified amount per cigarette.  Senate Bill 2538 bans the sale of flavored tobacco products and increases fines for the purchase or possession of tobacco products and electronic smoking devices.

Indiana:  Senate Bill 376 prohibits the sale of flavored e-liquid and prohibits a manufacturer, distributor, or retailer from manufacturing, distributing or marketing flavored e-liquid in the state.

Iowa:  House Bill 2080 imposes an excise tax on vapor products at a rate of $1.36 per cartridge. SSB3016 raises the age to purchase tobacco products to twenty-one (21); referred to the State Government Committee.

Maryland:  Senate Bill 233 (cross-filed with HB3) prohibits the sale of flavored tobacco products and electronic smoking devices (includes menthol, mint and wintergreen).

Missouri: House Bill 2250 changes the law regarding alternative nicotine and vapor products by taxing and regulating these products as tobacco products.

New Jersey:  Assembly Bill 526 requires a manufacturer of cigarettes, tobacco products, and electronic smoking devices to forward to the Department of the Treasury, on a quarterly basis, $.25 of every $1 that the manufacturer spends on advertising or marketing cigarettes, tobacco products, or electronic smoking devices in the state.

Nebraska: Legislative Bill 1176 prohibits the sale of flavored e-liquid products. Contains exemptions for menthol and tobacco flavors and open tank systems.

New Mexico: House Bill 54 and Senate Bill 91 prohibit the sale of flavored tobacco and vapor products.  House Bill 66 increases the legal purchase age for tobacco products and vapor products from 18 to 21 years of age.  Senate Bill 166 increases the legal purchase age for tobacco products and vapor products from 18 to 21 years of age; alters the licensing requirements for the manufacture and retail sale of tobacco products; prohibits the self-service display of tobacco products except in an age-controlled retailer; and prohibits anyone from providing samples of tobacco products. House Bill 23 and Senate Bill 9 increase the legal purchase age for vapor products from 18 to 21; prohibit the self-service display of vapor products; and require retailers, distributors and manufacturers of vapor products to obtain a license.

South Dakota:  House Bill 1063 increases the legal purchase age for tobacco products to 21 years of age.  House Bill 1064 prohibits the sale of flavored vapor products except mint and menthol.

Tennessee: Senate Bill 1556 requires vapor products to contain a health warning on the label.

Vermont:  House Bill 823 bans the sale of flavored cigarettes, flavored e-cigarettes and flavored substances that contain nicotine intended for use in an e-cigarette.  House Bill 849 changes the method of taxation on electronic cigarettes from the wholesale price to the retail price (92%).

 

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:  House Bill 1037/Senate Bill 1394 includes vapor products in the definition of tobacco products and as such are taxed at the same rate of 85% of the wholesale price, referred to House Committee on Commerce; Senate Bill 694 prohibits the sale of flavored e-liquid, prohibits self-service sales of tobacco products, prohibits the sale of tobacco or vapor products unless in a direct, face to face exchange with the dealer, referred to Senate Committee on Rules; Senate Bill 810 increases the purchase age for tobacco and vapor products from 18 to 21 years of age, in Senate pending reference review; Senate Bill 1638 prohibits the sale, delivery, bartering, furnishing, or giving of flavored liquid nicotine to any person; prohibits a person from engaging in certain activities relating to the promotion of nicotine dispensing devices and nicotine products for unlawful use, referred to Senate Committee on Rules.

Georgia:  House Bill 731 increases the tax on cigarettes by $1.50 per pack, the tax on cigars by 19%, and the tax on loose tobacco by 32%, read for a second time in the House.

Indiana:  Senate Bill 1, which prohibits a person under age 21 from buying or possessing tobacco products or electronic cigarettes and triples the civil penalties for underage sales violation, passed in the Senate on January 23, 2020.  House Bill 1006, which requires a person to be at least 21 to purchase tobacco products; requires age verification of a purchaser who appears to be under age 30; increases penalties (including loss of license) for underage sales; prohibits a tobacco business from locating within 1,000 feet of a school (current locations grandfathered) passed the House on January 21, 2020.  Senate Bill 397, which caps nicotine content of e-liquid and electronic cigarettes at 20 milligrams per milliliter and provides for licensing to sell low THC hemp extract, will be heard in the Senate Public Policy committee on January 29, 2020.

Maryland:  House Bill 3, which prohibits the sale of flavored tobacco products and electronic smoking devices (includes menthol, mint and wintergreen), will be heard in the House Economic Matters Committee on February 6, 2020.

Missouri: House Bill 2159 increases the purchase age for tobacco and vapor products from 18 to 21 years of age and bans the sale of flavored tobacco products, has been withdrawn from further consideration.

New Jersey:  The following bills were acted upon by the Governor on January 21, 2020:

Assembly Bill 5922/5923 (combined) revises the requirements for the sale of tobacco and vapor products—increases penalties for violations; increases license fees; prohibits the sale of tobacco products in pharmacies; bans the sale of electronic smoking devices designed to mimic another object (e.g. flash drive); prohibits the sale of vaping liquids with a nicotine concentration greater than two percent (Vetoed by the Governor). Senate Bill 1647 prohibits the sale of flavored electronic smoking devices (Signed by the Governor).  Senate Bill 3265 prohibits the sale of flavored electronic smoking devices (Signed by the Governor).

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 being licensed as a retailer or delivery seller, was considered in a hearing in the Senate Health and Long-Term Care Committee on January 22, 2020.  A second public hearing will be held in the in the Senate Health and Long-Term Care Committee on January 27, 2020.

 

Federal Legislative Bill Introductions

Tobacco-related legislative bills that have been introduced in Congress are listed below:

Senate Bill 3223 applies user fees to certain tobacco products.