State tobacco-related legislative bills that have been acted on by a state legislative committee or state legislature are listed below alphabetically by state:
Arizona: Two bills died on adjournment of the Legislature on May 28, 2019: House Bill 2357 would have added vaping products to the definition of smoking under the state’s indoor smoking restriction law and prescribe requirements for delivery sales of the products; and Senate Bill 1147, which would have raised the minimum legal sales, purchase, use and possession age for tobacco products to 21 and prohibited cities, towns and counties from enacting laws regarding the sale or marketing of tobacco products.
California: Senate Bill 38, which would have prohibited the retail sale of menthol flavored tobacco products and other flavored tobacco products unless they had a patent before January 1, 2000, and allowed for greater restriction through local laws, died when it was placed in the inactive file at the request of the sponsor on May 23, 2019. Three bills passed the Senate on May 23, 2019: Senate Bill 193, which criminalizes the sale of nitrous oxide by retailers who primarily sell tobacco; Senate Bill 424, which prohibits the sale of cigarettes with single use filters and single-use e-cigarettes; Senate Bill 538, which requires e-cigarette manufacturers to provide the State Department of Public Health with a description and photograph of each type of e-cigarette product sold in the state, and allows the Department to charge an unspecified fee to cover the costs of the program.
Nebraska: An amended version of Legislative Bill 149, which now increases the legal age to purchase tobacco products and vapor products from 18 to 19 years of age, passed the legislature on May 24, 2019.
Nevada: Senate Bill 81, which makes wholesale and retail licensing requirements for cigarettes and other tobacco products uniform, was signed by the Governor on May 23, 2019. Senate Bill 263, which regulates and imposes a 30% of wholesale price tax on vapor products, passed the Assembly Committee on Revenue and Economic Development on May 28, 2019. Assembly Bill 535, which creates a new annual fee on tobacco retailers of $50, passed the Assembly on May 28, 2019.
New Jersey: Assembly Bill 5385, which imposes a licensing requirement on vapor businesses, limits the sale of “container e-liquid” to vapor businesses and imposes a retail tax of 10% on “container e-liquid” (the definition of which excludes a pre-filled cartridge) was referred to the Senate Budget and Appropriations Committee on May 24, 2019.
Rhode Island: House Bill 6105, which imposes a $.15 per pack surcharge on packages of cigarettes and nicotine delivery devices, was heard in the House Finance Committee on May 29, 2019.
Texas: Senate Bill 21, which increases the legal age to purchase, possess, and consume tobacco products and vapor products from 18 to 21 years of age, moved to the Governor on May 25, 2019. SB21 contains an exemption for all military members over the age of 18 with a valid military ID.
Vermont: House Bill 47, which imposes a new tax on e-cigarettes/e-liquid products and delivery devices by taxing these products as OTP at 92% of wholesale, was signed the Governor on May 23, 2019.