State tobacco-related legislative bills that have been acted on by a state legislative committee or state legislature are listed below alphabetically by state:
Alaska: Senate Bill 45, which imposes a tax on electronic smoking products (including e-liquid) at the rate of 75% of the wholesale price and increases the legal age to purchase and possess tobacco and vapor products to 21 years of age, was considered in the Senate Labor and Commerce Committee on March 19, 2021. House Bill 110, which imposes a tax on electronic smoking products (including e-liquid) at the rate of 75% of the wholesale price and increases the legal age to purchase and possess tobacco and vapor products to 21 years of age, was referred to the House Labor and Commerce Committee an additionally referred to the House Finance Committee on March 17, 2021.
Arkansas: Senate Bill 338, which allows a person purchasing an existing permitted tobacco retail location to, with the permission of the seller, operate under the selling owner’s permit for no more than thirty days from the date of the sale, was signed by the Governor on March 17, 2021.
Connecticut: House Bill 6450 (Governor’s budget bill on public health), which prohibits the sale of flavored ENDS and vapor products (includes menthol), reported favorably from the Joint Public Health Committee on March 12, 2021.
Florida: Senate Bill 334, which authorizes counties and municipalities to further restrict smoking within the boundaries of public beaches and public parks under certain circumstances and prohibits smoking within the boundaries of a state park, was considered in the Senate Environment and Natural Resources Committee on March 15, 2021. House Bill 239, which authorizes counties and municipalities to further restrict smoking within the boundaries of public beaches and public parks under certain circumstances, was reported favorably from the House Professions and Health Subcommittee on March 16, 2021.
Hawaii: House Bill 476, which, effective July 1, 2060, 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, imposes a 50% tax of the wholesale price on any product the FDA has determined to be “modified risk” (in lieu of any other tax on those products), and requires sellers of e-liquids to obtain a state permit, passed House on March 11, 2021.
Idaho: Senate Bill 1087, which increases the legal age to purchase and possess cigarettes to 21 years of age, prohibits local units of government from adopting or enforcing requirements for the regulation, marketing, or sale of tobacco products or electronic smoking devices that are more restrictive than or in addition to this chapter, and prohibits local units of government from imposing or enforcing a tax or fee on tobacco products or electronic smoking devices, was placed on Third Reading Calendar in the House on March 15, 2021.
Illinois: House Bill 2579, which prohibits electronic cigarettes from having more than 25 milligrams per milliliter of nicotine and also prohibits any retailer servicing anyone under 21 years of age from selling a flavored solution intended for use with an electronic cigarette, will be considered in the House Human Services Committee on March 23, 2021. House Bill 570, which caps the tax on cigars and other rolled tobacco products at $.50 per cigar or roll, will be considered in the House Revenue and Finance Committee on March 25, 2021. Senate Bill 1724, which bans single-use cigarette filters and states that beginning 2 years after the effective date, a cigarette may not utilize a single-use filter containing cellulose acetate, another plastic material, or any non-biodegradable material, was postponed to the Senate Executive Committee on March 17, 2021. SB1724 will be considered in a subject matter hearing on March 24, 2021.
Maryland: Senate Bill 883, which requires a person located outside the state to have a remote tobacco seller license in order to sell premium cigars or pipe tobacco to consumers in the state, passed out of the Senate Budget and Taxation Committee on March 17, 2021.
Michigan: House Bill 4485, which repeals the provision that is scheduled to remove the 50 cents per cigar excise tax cap on October 31, 2021, will be considered in the House Tax Policy Committee on March 24, 2021.
Mississippi: Senate Bill 2971, which as amended, increases the tax on cigarettes by $.50 per pack, increases the OTP tax an additional 10% of the manufacturer’s list price and includes electronic cigarettes and alternative nicotine products in the definition of tobacco to impose the increased OTP of 25% of the manufacturer’s list price on vapor products, has been requested for conference after the Senate declined to concur with House amendments on March 19, 2021. The previous version of the bill, which passed the Senate, did not include the tax increases on tobacco and vapor products. House Bill 1439, which increases the tax on cigarettes by $.50 per pack, increases the OTP tax an additional 10% of the manufacturer’s list price and includes electronic cigarettes and alternative nicotine products in the definition of tobacco to impose the increased OTP of 25% of the manufacturer’s list price on vapor products, died in the Senate Finance Committee on March 16, 2021.
Montana: House Bill 137, which limits local governing units and the Department of Public Health and Human Services from establishing requirements on alternative nicotine products or vapor products and amends the Youth Access to Tobacco Products Act to clarify that alternative nicotine products or vapor products are separate and distinct from tobacco products, was amended and then tabled in the Senate Business, Labor, and Economic Affairs Committee on March 17, 2021.
North Dakota: Senate Bill 2156, which prohibits an individual under twenty-one years of age from purchasing, possessing, or using tobacco products or electronic smoking devices was heard on March 18th in the committee on Political Subdivisions. This bill has already passed the Senate. Senate Bill 2189 passed the House on March 11th as amended in committee on March 9th to recommend that the legislative management consider studying reduced harm nicotine products during the 2021-22 interim. Previous versions of the bill included licensing requirements and a vapor tax; those provisions have been removed. The bill now moves back to the Senate for concurrence.
Oklahoma: House Bill 2511, which provides that beginning July 1, 2022, every manufacturer of a vapor product that is sold or intended to be sold in this state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, shall execute and deliver an attestation under penalty of perjury to the Oklahoma Alcoholic Beverage Laws Enforcement (ABLE) Commission certifying that, as of the date of such attestation: 1. The vapor product was available for purchase in the United States as of August 8, 2016, and the manufacturer has applied for a marketing order for the vapor product by submitting a Premarket Tobacco Product Application on or before September 9, 2020, to the United States Food and Drug Administration (FDA); or 2. The manufacturer has received a marketing order or other authorization for the vapor product from the FDA pursuant to Section 387j of Title 21 of the United States Code. B. The manufacturer shall notify the ABLE Commission within thirty (30) days of any material change to the attestation, including whether the FDA has issued or not issued a market order or other authorization or has ordered the manufacturer to remove the vapor product, either temporarily or permanently, from the United States market, passed the House and moved to the Senate on March 11, 2021.
Oregon: Senate Bill 64, which allows for covert underage buyer checks on tobacco retailers, passed Senate on March 11, 2021. Senate Bill 587, which requires tobacco and vapor retailers to obtain a license from the Department of Revenue, passed Senate Health Care Committee on March 17, 2021.
Rhode Island: Senate Bill 258, which authorizes towns and cities to regulate the use and sale of cigarettes, other tobacco products and electronic nicotine delivery systems, was heard in the Senate Judiciary Committee and was “recommended for further study” on March 15, 2021. House Bill 5716, which prohibits the sale of tobacco products in pharmacies, was “recommended for further study” in the House Health and Human Services Committee on March 16, 2021.
Tennessee: Senate Bill 143, which exempts smokeless nicotine products from the tax on tobacco products and cigarettes, passed the Senate and the House on March 18, 2021.
Texas: Senate Bill 836, which prohibits the sale of all flavored tobacco products, was referred to the Senate State Affairs Committee on March 11, 2021.
Vermont: Senate Bill 24, which prohibits the sale of flavored cigarettes, e-cigarettes and e-liquids (including menthol), passed the Senate Health and Welfare Committee and was committed to Senate Economic Development, Housing and General Affairs Committee on March 12, 2021.
Virginia: Senate Bill 1326, which would “encourage” counties to participate in a regional cigarette tax board, was signed by the Governor on March 11, 2021.
Washington: Senate Bill 5129, which would have removed civil liability for minors who purchase, use or possess tobacco products, died in Senate Rules Committee on March 17, 2021.