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: House Bill 2682, which would have raised the minimum legal sales, purchase, use and possession age to 21, required tobacco product retailers to obtain a license from the Department of Liquor Licenses and Control, preempted most local regulation of sales and marketing of tobacco products, and provided for penalties for sales to underage persons, died on adjournment on June 30, 2021.
Delaware: The House and Senate stand in recess pending “call of the chair” and “call of the President Pro Tempore” respectively.
Illinois: An amended version of Senate Bill 512, which sets packaging, ingredient, and marketing requirements for e-cigarettes.; prohibits a manufacturer, distributor, or retailer from advertising, marketing, or promoting an electronic cigarette in a manner that: (1) encourages persons under 21 years of age to use an electronic cigarette; or (2) is attractive to persons under 21 years of age, including, but not limited to, inclusion of the following: (A) cartoons; (B) an image, character, or phrase that is similar to one popularly used to advertise to children; or (C) a video game, movie, video, or animated television show known to appeal primarily to persons under 21 years of age; and prohibits the honoring or acceptance of any discount, coupon, or other benefit or reduction in price that is inconsistent with 21 CFR 1140, subsequent United States Food and Drug Administration industry guidance, or any rules adopted under 21 CFR 1140, was sent to the Governor on June 29, 2021. The amended version of the bill removed a provision that would have made it unlawful to sell in any one transaction more than 2 electronic cigarettes, 4 prepackaged cartridges of electronic cigarette solution, or 100 milliliters of electronic cigarette solution to a consumer.
Maine: LD221 (Governor’s budget changes), which had included a flavor ban, reported as “ought to pass as amended” (without a flavor ban) from the Joint Committee on Appropriations and Financial Affairs on June 29, 2021.
Minnesota: House File 9A, the state budget tax bill, does not include any new tobacco taxes; however, it does change the definition of a “Nicotine Solution Product.” The bill passed House Ways and Means on June 28th as amended. The amendment corrected concerns regarding the definition of “Nicotine Solution Product” to reflect current Department of Revenue practice of not taxing electronic cigarette/vapor devices if the device uses a cartridge, pod, or bottle of nicotine solution that is also sold separately from the device itself. The tax bill passed the House and Senate on June 30th and presented to the Governor on July 1st.
New Hampshire: The legislature concluded its business on June 24th; the House and Senate will next meet at the “call of the chair” for the respective chamber.
Ohio: House Bill 110, the state budget bill, was targeted by advocates for an expanded county-level tax on cigarettes and OTP to support the arts in counties with populations of 200,000 or more (15 total). Currently, Cuyahoga County (Cleveland) is the only county authorized to tax cigarettes ($.30 per pack) to support the arts. The tax advocates proposed to change the cigarette tax from a per-pack basis to 8% of wholesale and apply the 8% to OTP. On June 28th, HB110 was adopted by the House and Senate without the tax proposal. The bill is eligible for the Governor’s signature. Senate Bill 40, which regards cigarette minimum pricing by making clarifications to current law, passed the House on June 24th and is eligible for the Governor’s signature.
Oregon: Senate Bill 587, which requires tobacco and vapor retailers to obtain a license from the Department of Revenue and prohibits local authorities from enacting licensing requirements, but grandfathers local licensing requirements in effect on January 1, 2021, passed House on June 24, 2021; ready for Governor.
Rhode Island: House Bill 6396, which bans the sale of flavored tobacco products and flavored ENDS, was heard in the House Health and Humans Services Committee on June 29, 2021. The committee recommended the measure be held for further study. Senate Bill 938, which bans the sale of flavored ENDS, was heard in the Senate Judiciary Committee on June 29, 2021. No vote was taken.
Wisconsin: Assembly Bill 68, the State Budget Act, was amended on May 6th with a substitute amended that removed several tobacco provisions that were introduced as part of the Governor’s Budget Proposal. Provisions removed relating to tobacco and vapor products included increasing the age to 21 to purchase tobacco products, a license requirement to sell vape products, a prohibition on vaping indoors and near schools, a “Manufacturer’s List Price Tax” of 71% of the manufacturer’s list price on vapor products, and an amendment to the definition of “little cigars” to tax these products at the same rate as cigarettes, and a definition for “Manufacturer’s List Price”. The bill passed the House on June 29th, passed the Senate on June 30th and has been ordered enrolled.