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: Senate Bill 1245, which requires a state tobacco retail license administered by the Department of Liquor Licenses and Control and preempts local jurisdictions from regulating tobacco product sales with some exceptions, passed the Senate Appropriations Committee on February 8, 2022.
Colorado: House Bill 1064, which prohibits the sale and distribution of all flavored cigarettes, tobacco products and nicotine products (includes flavored synthetic nicotine products), is scheduled for consideration in the House Health and Insurance Committee on March 9, 2022.
Hawaii: Senate Bill 3118, which bans the sale of flavored tobacco products, passed Senate Health Committee on February 4, 2022, with amendments.
Illinois: The following bills were re-referred to the Senate Assignments Committee on February 10, 2022: Bill 3854, which prohibits the sale of all flavored tobacco products and vapor products (includes the flavors of tobacco, menthol, mint, and wintergreen in the definition of “characterizing flavor”). Senate Bill 3728, which prohibits the excise tax on cigars from exceeding 50 cents per cigar.
Indiana: Senate Bill 382, which includes the following: caps the tax on cigars with a wholesale price exceeding $3.00 per cigar at $.72 each; taxes alternative nicotine products, as defined, at $0.40 per ounce; taxes closed system cartridges at 15% of the wholesale price; requires remote sellers, as defined, to be licensed and subject to tobacco taxes, was heard in the House Ways and Means Committee on February 10, 2022.
Iowa: House File 98, which defines alternative nicotine products and vapor products as tobacco products; taxes these products at the OTP rate of 50% of wholesale, passed from the House State Government Sub-committee on February 8, 2022.
Maine: LD 1693/HP1258, which ban flavored products (including menthol), doubles the cigarette tax to $4.00 per pack, and increases OTP taxes by 100%, was heard in the Joint Committee on Health and Human Services on February 9, 2022.
Nebraska: Legislative Bill 954, which preempts certain county and municipality resolutions or ordinances relating to electronic smoking devices under the Nebraska Clean Indoor Air Act, will be considered in the Health and Human Services Committee on February 17, 2022.
New Mexico: Senate Bill 49, which increases the tax on cigarettes by $1.00 per pack, increases the OTP tax (includes nicotine products, regardless of the source of nicotine) to 60% of the product value, increases the tax on e-liquid to 60% of the product value, and increases the tax on closed system cartridges to $2.40 per cartridge, was considered in the Senate Tax, Business, and Transportation Committee on February 10, 2022.
Utah: House Bill 34, which modifies the definition of “cigarette” for taxation and regulation purposes to include both combusted and heated products, passed Senate on February 4, 2022, and passed House on February 7, 2022; ready for Governor.
Virginia: House Bill 685 (CORRECTION), which requires tobacco retailers (including ENDs retailers) to obtain a license from the Virginia Alcohol Beverage Control Authority, received a recommendation of “laying on the table” in the House Committee on General Laws Subcommittee #3 on February 1, 2022. Senate Bill 748 (same as HB1199), which addresses remote sellers regarding taxation, licensing and record keeping; would lower OTP tax rates, passed the Senate on February 4, 2022
The House Committee on Finance passed the following bills on February 7, 2022:
- House Bill 1076 (same as SB25), which requires any locality that increases its tax rate on cigarettes to allow a person with unsold inventory to pay the tax increase on the unsold inventory by filing a return for one calendar year after the tax increase; defines "unsold inventory" for the purposes of this provision to mean cigarettes held prior to the tax rate increase, passed.
- House Bill 1199 (same as SB748), which addresses remote sellers regarding taxation, licensing and record keeping; would lower OTP tax rates, passed as amended.
- House Bill 1357, which lowers OTP tax rates and caps the cigar tax at $.30 per cigar, passed and referred to the House Committee on Appropriations.