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 89, which as substituted imposes a tax on electronic smoking products and vapor products at the rate of 25% of the sales price and caps the amount of nicotine in vapor products at 60 milligrams of nicotine per milliliter of vapor product, passed the Senate Labor and Commerce Committee on April 24, 2023 and was considered in the Senate Finance Committee on May 4, 2023. The previous version of the bill proposed a nicotine cap of 20 milligrams of nicotine per milliliter. House Bill 176, which imposes a tax on electronic smoking products and vapor products at the rate of 25% of the sales price and caps the amount of nicotine in vapor products at 60 milligrams of nicotine per milliliter of vapor product, was considered in the House Health and Social Services Committee on May 4, 2023.
Colorado: House Bill 1290, which creates a ballot measure to be referred to voters in the next general election on November 7, 2023 that would determine whether the state is permitted to spend tobacco tax revenues that were received pursuant to the tax increase passed by voters in proposition EE that were in excess of the budget estimation in the analysis for the proposition, passed the Senate Appropriations Committee on May 4, 2023. If voters were to reject the ballot measure the state would have to refund the $23.65 million of excess revenue to tobacco product distributors and wholesalers and reduce the cigarette and tobacco product tax rate by 11.53%.
Hawaii: Senate Bill 975 was amended in conference committee on April 28, 2023, and now establishes a tax on vapor products of 70% of the wholesale price, effective January 1, 2024.
Indiana: The General Assembly adjourned sine die on April 28, 2023. Bills approved in their respective conference committees on April 28, 2023: House Bill 1454 was amended in conference committee to change the tax cap on cigars to $1.00 per cigar. Senate Bill 419 contains language to clarify the definition of a vapor product and to require an open system electronic cigarette retail dealer’s certificate. House Bill 1001 (state budget bill) included language to increase the cigarette tax stamp allowance from $0.013 per pack to $0.02 per pack. Cigarette and tobacco tax increases were NOT included in the final version. All other pending tobacco and vapor related bills failed on adjournment.
Louisiana: House Bill 635, which changes the tax on electronic cigarettes and vapor products to 15% of the retail sales price, was referred to the House Ways and Means Committee on April 20, 2023. The current tax rate is 5 cents per milliliter of consumable material. House Bill 179, which prohibits the sale of e-liquid of vapor products containing a characterizing flavor (exempts the flavors of tobacco, menthol, and mint), is awaiting a 3rd reading in the House.
New York: Senate Bill 4009C (budget bill), which includes a cigarette tax increase of $1.00 per pack, passed the Senate and Assembly on May 1, 2023. The Governor signed the bill on May 3, 2023.
Tennessee: The General Assembly adjourned sine die on April 21, 2023.