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 1583 died by rule on February 18, 2022; it would have prohibited billboard advertising of electronic smoking devices within 1,000 feet of schools and playgrounds.

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, effective January 1, 2050, bans the sale of flavored tobacco products, except chewing tobacco, cigarettes, and cigars, passed Senate Commerce and Consumer Protection Committee with amendments on February 22, 2022. Many bills died by missing procedural deadlines (please note other bills on the same or a similar subject may still be pending): House Bills 1698, 2150 and 2151, and Senate Bills 2037, 2563, which would have banned the sale of flavored tobacco products; Senate Bills 621 and 3119, which would have taxed electronic smoking devices at 70% of the wholesale price; House Bill 1661, which would have taxed electronic smoking devices at 70% of the wholesale price (35% for modified risk products); House Bill 1905, which would have allowed for citizens suits to enforce their right to breathe air free of cigarette smoke and e-cigarette vapor; House Bill 1925, which would have imposed a tax of 20% on electronic smoking devices and 10 cents per milliliter of e-liquid; and House Bill 2389, which might have increased cigarette taxes.

Idaho: Senate Bill 1285, which prohibits any locality from enacting ordinances regulating the marketing or sale of tobacco or vapor products and also prohibits localities from imposing additional taxes or fees on tobacco products or vapor products, was placed on the Third Reading calendar in the Senate on February 24, 2022.

Indiana: Senate Bill 382: (CORRECTION, the cap of $.72 on the cigar tax was removed prior to last week’s report), which currently includes a tax on alternative nicotine products, as defined, at $0.40 per ounce; a tax on closed system cartridges at 15% of the wholesale price; a requirement that remote sellers, as defined, to be licensed and subject to tobacco taxes, passed second reading in the House on February 23, 2022.

Iowa: House File 2523 (formerly HF98), which defines alternative nicotine products and vapor products as tobacco products with a tax rate of 22% of wholesale, was referred to the House Committee on Ways and Means on February 23, 2022.

Kentucky: Senate Bill 166, which permits a city, county, urban-county government, charter county government, consolidated local government, or unified local government to impose restrictions or requirements on the use, display, sale, or distribution of tobacco products or vapor products that are stricter than those imposed under state law, was heard in the Senate Committee on Health and Welfare on February 23, 2022.

Maine: LD 1693 / HP1258, which bans flavored products (including menthol), doubles the cigarette tax to $4.00 per pack and increases OTP taxes by 100%, is scheduled for another work session in the Joint Committee on Health and Human Services on March 2, 2022.

Maryland: The following bills will be heard in the House Economic Matters Committee on March 2, 2022:

• House Bill 442 authorizes Baltimore City to enact and enforce local laws to regulate the sale and distribution of cigarettes, other tobacco products and electronic smoking devices (excludes taxes and issuance of licensees).
• House Bill 477 authorizes a county or municipality to enact and enforce local laws to regulate the sale and distribution of cigarettes, other tobacco products and electronic smoking devices (excludes taxes and issuance of licenses).
• House Bill 1227 adds synthetic nicotine to the definition of tobacco products.
• House Bill 1341 authorizes Prince George’s County to regulate OTP and electronic smoking devices by limiting the number of licenses; imposing density restrictions; denying license applications for locations within 1500 ft of schools.

Michigan: Senate Bill 720, which as substituted, modifies the definition of “cigarette” for taxation and regulatory purposes to include both combusted and heated products and provides that if a modified risk tobacco product order has been issued, the tax will be 50% of the otherwise applicable rate, passed the House and moved to the Senate for concurrence on February 24, 2022.

Mississippi: The following bills died in committee on February 23, 2022: Senate Bill 2062, which defined the terms electronic smoking device and tobacco product for purposes of including electronic smoking devices in the 15% excise tax on tobacco products other than cigarettes. House Bill 892, which taxed cigars, cheroots, stogies, snuff, chewing and smoking tobacco and all other tobacco products except cigarettes at the rat of 22.5% of the manufacturer’s list price. House Bill 1096, which increased the tax on cigarettes by 50 cents per pack.

New Mexico: The following bills failed due to the adjournment of the legislature on February 17, 2022: Senate Bill 142, which imposes a tax on "fine cigars" at the rate of 10% of the product value, not to exceed 10 cents per cigar. "Fine Cigar" is defined as a roll of tobacco that is wrapped in one hundred percent natural leaf tobacco. 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. House Bill 33, which increases the tax on cigarettes by $2.00 per pack, increases the OTP tax (includes nicotine products, regardless of the source of the nicotine) to 77% of the product value, increases the tax on e-liquid to 77% of the product value, and increases the tax on closed system cartridges to $3.32 per cartridge.

Virginia: Senate Bill 748 (same as HB1199), which addresses remote sellers regarding taxation, licensing and record keeping; would lower OTP tax rates, passed the House Committee on Finance on February 21, 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, reported favorably from the Senate Committee on Finance and Appropriations on February 22, 2022. Senate Bill 25 (like HB1076) reported, as substituted, from the House Committee on Finance on February 23, 2022.

Washington: Several bills died by rule on February 7, 2022: House Bill 1676, which would have replaced the quantity-based tax on vapor products with a 33% retail sales tax on vapor products and required the tax to be disclosed to consumers; and House Bill 2039 and Senate Bill 5768, which would have allowed the state Secretary of Health to restrict sales of flavored vapor products and authorized the State Board of Health to limit the allowable nicotine concentration in vapor products.