State tobacco-related legislative bills that have been introduced in the past week are listed below alphabetically by state:
Indiana: House Bill 1133 prohibits the sale of flavored tobacco products (including cigarettes) and flavored e-liquid—no exemption for menthol. House Bill 1214 amends the definition of tobacco product to include a product containing nicotine; requires a distributor to purchase and distribute e-liquid from an Indiana e-liquid manufacturer or Indiana e-liquid distributor. House Bill 1301 increases the cigarette tax by $1.00 per pack of twenty. Senate Bill 264 changes the cigarette tax stamp discount to $.05 per package (currently $.013)
Mississippi: Senate Bill 2015 imposes the current OTP excise tax of 15% of the manufacturer’s list price on vapor products.
Missouri: Senate Bill 355 prohibits the sale or distribution of certain lighters.
Montana: Senate Bill 122 includes a provision stating that the tax on a cigar is the lesser of 50% of the wholesale price or 10 cents per cigar.
Nebraska: Legislative Bill 24 and Legislative Bill 251 clarify that the tax on cigars, cheroots, and stogies is 20% of the purchase price, except that the maximum tax imposed shall be 50 cents for each cigar, cheroot, or stogie.
New Hampshire: House Bill 531 changes the tax methodology for cigarettes / little cigars, all other tobacco products and electronic cigarettes to the following: The Commissioner of the Department of Revenue Administration shall annually set the tax rate for tobacco and nicotine products to be a maximum of the lowest rate charged for equivalent products in Massachusetts, Maine and Vermont and a minimum of 8 percent below the lowest of such rates. House Bill 510 removes the exemption for premium cigars from the tobacco tax.
New York: Assembly Bill 143 requires the state DOH to establish nicotine levels for e-cigarettes and e-liquids which automatically taper in nicotine strength and at certain time intervals; requires manufacturers to manufacture or cause to be sold in the state e-cigarettes and e-liquid products which automatically taper in nicotine strength and at certain time intervals as determined by the DOH. Assembly Bill 187 requires a prescription from a licensed physician to obtain an electronic cigarette. Assembly Bill 188 prohibits the sale of electronic cigarettes that contain certain toxic metals, requires the DOH to establish a list of prohibited toxic metals and requires the DOH to study the long-term effects of using electronic cigarettes. Assembly Bill 223 provides that every package containing an electronic cigarette and the electronic cigarette itself sold or offered for sale shall be designed by the DOH and such package shall include printed thereon or attached thereto a health warning and disclaimer label designed by the DOH.
Assembly Bill 273 repeals the exemption for flavored vapor products authorized by the FDA to be legally marketed and that has received a premarket review approval order.
Senate Bill 516 prohibits the sale of an e-liquid used to refill an electronic cigarette or cartridge (does not apply to cartridges filled and sealed by the manufacturer). Senate Bill 536 provides for restrictions on advertisement and promotion of electronic cigarettes--addresses research and misrepresentation of electronic cigarettes. Assembly Bill 699 prohibits the sale of flavored smokeless tobacco within 500 feet of a public or private school. Governor Hochul proposes to increase the cigarette tax by $1.00 per pack and to prohibit the sale of all flavored tobacco products.
North Dakota: House Bill 1357 prohibits the shipping of tobacco products to any consumer in the state by sellers located within or outside the state; requires the sale of tobacco products to any consumer to be face-to-face transactions.
South Carolina: House Bill 3111 amends the state code regarding retail license to require retailers to submit information about whether or not they sell tobacco, tobacco products, vape products or any other product used for smoking. House Bill 3548 requires tobacco retailers to obtain a tobacco retail sales license from the Department of Revenue, sets a fee of $500.00 for a two-year license and adds vapor products to the definition of tobacco products. House Bill 3483 prohibits political subdivisions from enacting any laws, ordinances, or rules pertaining to ingredients, flavors, or licensing of cigarettes, electronic smoking devices, e-liquid, vapor products, tobacco products, or alternative nicotine products; and provides that such laws, ordinances, and rules enacted by a political subdivision prior to the effective date of this act are not subject to the preemption imposed by this act.
Texas: Senate Bill 339 imposes a tax on vapor products at the rate of 1.5% of the sales price.
Virginia: Senate Bill 992 (same as HB1417) modifies the statutory tax rate on cigars to 10% of the manufacturer's sales price or $.30 per cigar, whichever is less. Senate Bill 1350 (similar to House Bill 2296) bifurcates the tax on liquid nicotine products ($.066 per milliliter for closed systems; 20% of the wholesale price for open systems), requires a license issued by the Department of Taxation to sell liquid nicotine and creates safety requirements for the advertising, marketing and labeling of liquid nicotine and nicotine vapor products. House Bill 1863 includes language to increase the cigarette tax by three (3) cents per cigarette and double the statutory tax rate on tobacco products. Doubling the “statutory tax rate” codifies what is currently in place as a result of the latest budget bill.
Washington: Senate Bill 5239 would allow the secretary of the Department of Health to restrict or prohibit the sales of flavored tobacco products.
West Virginia: House Bill 2399 repeals provision prohibiting employers from discriminating for use of tobacco products.
Wyoming: House Bill 58 increases the tax on cigarettes from 60 cents per pack to $1.04 per pack. Senate Bill 42 caps the tax on premium cigars at 30 cents per premium cigar.