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 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 50 milligrams of nicotine per milliliter of vapor product, was amended and passed the Senate Finance Committee on May 11, 2023. The previous amended version of the bill would have capped these products at 60 milligram of nicotine per milliliter of vapor product.
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 on May 5, 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, which, effective January 1, 2024, establishes a tax on vapor products of 70% of the wholesale price, passed the Senate and the House on May 4, 2023; delivered to Governor on May 5, 2023.
Indiana: The following bills were signed by the Governor on May 4, 2023: House Bill 1454 includes language to cap the tax on cigars at $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, and House Bill 1001 (state budget bill) includes language to increase the cigarette tax stamp allowance from $0.013 per pack to $0.02 per pack.
Louisiana: House Bill 635, which as amended, increases the tax on electronic cigarettes and vapor products to 30 cents per milliliter of consumable material, passed the House Ways and Means Committee on May 9, 2023. These products are currently taxed at a rate of 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 scheduled for floor debate on May 17, 2023.
South Carolina: House Bill 3681 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 December 31, 2020 are not subject to the preemption imposed by this act. The House concurred in Senate amendment on May 10, 2023.
Washington: Senate Bill 5365, which increases penalties for sales of tobacco and vapor products to underage persons, was signed by the Governor on May 9, 2023 (effective July 23, 2023).