State tobacco-related legislative bills that have been introduced in the past week are listed below alphabetically by state:
Arizona: House Bill 2514 applies the existing public smoking prohibitions to electronic smoking devices; House Bill 2515 raises the minimum legal sales age and minimum purchase, use and possession age of tobacco products, including electronic cigarettes, to 21, modifies the public smoking prohibitions to prohibit smoking in areas to which the law currently does not apply, applies the public smoking prohibitions to electronic smoking devices, requires tobacco and e-cigarette retailers to obtain photo identification from any purchaser under 30, provides for penalties for retail violations, requires tobacco retailers to obtain a state tobacco license from the Department of Health, and prohibits outdoor advertising of tobacco products within 1,000 feet of a school or playground; House Bill 2556 raises the minimum legal sales age and minimum purchase, use and possession age of tobacco products, including electronic cigarettes, to 21 and requires retailers to separately account for sales of tobacco products and vapor products on their transaction privilege tax returns; and House Bill 2602 raises the minimum legal sales age and minimum purchase, use and possession age of tobacco products, including electronic cigarettes, to 21, requires tobacco retailers to obtain a state tobacco license from the Department of Liquor Licenses and Control, and applies the existing tobacco retail provisions to electronic smoking devices; Senate Bill 1402 raises the minimum legal sales age and minimum purchase, use and possession age of tobacco products, including electronic cigarettes, to 21, requires tobacco retailers to obtain a state tobacco license from the Department of Liquor Licenses and Control, and applies the existing tobacco retail provisions to electronic smoking devices; Senate Bill 1496 raises the minimum legal sales, purchase, use and possession age to 21, requires tobacco product retailers to obtain a license from the Department of Liquor Licenses and Control, and prohibits local ordinances regulating the sale or marketing of tobacco products, except distance restrictions from schools and other specified locations.
Connecticut: House Bill 5582 prohibits the sale of flavored cigarettes, tobacco products, electronic nicotine delivery systems and vapor products (full text not available). House Bill 6009 prohibits the sale of flavored tobacco products and the sale of all tobacco products in pharmacies (full text not available).
Hawaii: House Bill 121, Senate Bill 177 and House Bill 868 cap the 50% of wholesale price tax on large cigars at $0.50; House Bill 476 taxes e-liquid cartridges at the rate of $0.25 each and e-liquids for open systems at the rate of 15% of the wholesale price and requires sellers of e-liquids to obtain a state permit; House Bill 598, House Bill 993, Senate Bill 621 and Senate Bill 1147 include vapor products in the definition of "tobacco products" for purposes imposing the 70% of wholesale price tax imposed on OTP, and increases the retail tobacco permit fee from $20 to $300 annually, prohibits retail shipment of untaxed tobacco products; House Bill 630 and SB894 impose a tax of 20% of the wholesale price on electronic smoking devices and $0.10 per milliliter on e-liquids; House Bill 992 and Senate Bill 1146 ban the sale of flavored tobacco products and prohibits mislabeling of e-liquids containing nicotine; House Bill 1046 changes the retailer permit fee from $20.00 to an amount to be determined by the Department of Taxation; House Bill 1327 bans the sale of all flavored tobacco products, including heat-not-burn products, and includes heat-not-burn products in the prohibition of sales to persons under age 21; House Bill 1328 prohibits the sale of flavored vapor products, prohibits sale of tobacco products other than through in-person retail sales, includes vapor products in the definition of "tobacco products" for purposes imposing the 70% of wholesale price tax imposed on OTP, and imposes a new tax of 70% of the retail price on electronic cigarette devices, increases the retail tobacco permit fee from $20 to $100 annually; House Bill 1329 includes heat-not-burn products in the definition of electronic smoking devices and imposes the 70% of wholesale price OTP tax on electronic smoking products; Senate Bill 63 prohibits the sale of flavored vapor products, prohibits sale of tobacco products other than through in-person retail sales , includes vapor products in the definition of "tobacco products" for purposes imposing the 70% of wholesale price tax imposed on OTP, increases the retail tobacco permit fee from $20 to $100 annually, requires retailers to pay an additional excise tax of 70% of the retail price of electronic smoking devices; Senate Bill 138 increases the cigarette excise tax by $1.00 from $3.20 to $4.20 per pack; Senate Bill 511 increases the cigarette excise tax by an unspecified amount for litter abatement; Senate Bill 553, which authorizes the governor to prohibit smoking in multi-unit residences during an emergency stay-at-home order; Senate Bill 621 and Senate Bill 1147 include vapor products in the definition of "tobacco products" for purposes imposing the 70% of wholesale price tax imposed on OTP, and increases the retail tobacco permit fee from $20 to $300 annually and prohibits retail shipment of untaxed tobacco products; Senate Bill 729 prohibits smoking in enclosed areas of individual units of multiple unit residences or multifamily dwellings that share at least one common floor, wall, or ceiling with another unit; Senate Bill 1146 bans the sale of flavored tobacco products and prohibits mislabeling of e-liquids containing nicotine.
Mississippi: Senate Bill 2860 increases the presumptive cost of doing business for wholesale dealers from 2% to 4.5% of the basic cost of cigarettes and the presumptive cartridge cost from 0.5% to 1%.
Missouri: House Bill 868 Prohibits the sale of flavored tobacco products, adds a definition of vape products to tobacco products thus making it subject to the 10% of the manufacturers invoice price, and raises the age to purchase to 21.
New Mexico: House Bill 167 increases the tax on cigarettes by $2.00 per pack, increases the OTP tax to 83% of the product value, increases the tax on e-liquid to 83% of the product value, and increases the tax on closed system cartridges to $3.32 per cartridge. House Bill 205 prohibits the sale of all flavored tobacco products.
New York: Senate Bill 2753 (same as Assembly Bill 678) increases the OTP tax from 75% to 129% (including snuff) and increases the tax on the retail sale of vapor products from 20% to 48%. Assembly Bill 3499 (same as S84) prohibits the retail sale of flavored tobacco products and accessories. Assembly Bill 3514 (same as S3045) provides for the taxation of electronic cigarette cartridges as tobacco products. Assembly Bill 3547 increases the presumed “cost of the agent” for purposes of cigarette marketing and establishes the cigarette tax enforcement fund. Senate Bill 3144 prohibits advertising for tobacco products within 500 feet of a public or private school.
North Dakota: Draft Bill 52 would define e-liquid and provide for a e-liquid tax at an undetermined amount per milliliter.
Oklahoma: House Bill 2876 (Pre-filed) imposes a tax on e-liquid at the rate of $.05 per milliliter. Senate Bill 986 authorizes governmental subdivisions to adopt regulations to control or prohibit smoking or vaping in public places.
Texas: Senate Bill 440 prohibits the sale or distribution of flavored tobacco products or vapor products, excludes shisha, loose leaf tobacco and premium cigars from the prohibition. House Bill 1255 imposes an excise tax on vapor products at a rate to be determined by the comptroller on December 1st of each year and requires vapor product retailers to obtain a license.
Utah: Senate Bill 134 limits the Department of Health’s authority to set nicotine standards for electronic cigarette products or regulate tobacco products authorized for sale under federal laws permitting the sale of modified risk products.
Vermont: House Bill 141 prohibits the sale of flavored tobacco products (including menthol cigarettes), flavored e-liquids, and flavored tobacco substitutes.
Washington: House Bill 1345 (identical to Senate Bill 5266) bans the sale of flavored vapor products and menthol-flavored cigarettes, changes the tax on vapor products from one based on the amount of nicotine per milliliter of solution to a tax imposed at 45% of the retail price, adds a 4.4% surcharge on the manufactured value of vapor products on manufacturers and distributors (effective July 1, 2021), requires vapor product manufacturers to obtain a license, prohibits retailers from obtaining vapor products from anyone other than a licensed vapor product manufacturer or a licensed distributor that obtained the product from a licensed manufacturer, restricts delivery sales of closed system vapor products to no more than 16 to a customer per month, provides for a process for age verification and identification of product billing charges for delivery sales, requires retailers to either suspend sales of or provide warnings regarding vapor products that contain an ingredient that the State Liquor and Cannabis Board has determined may be injurious to health, limits the amount of nicotine salts in vapor products, allows local jurisdictions to limit the location of vapor product retailers with respect to schools and other youth-oriented activities.