The following bills had action recently by state legislatures:
California: Senate Bill 254, which had allowed delivery of tobacco products by delivery network companies through prearranged on-line ordering provided the delivery is made in a person-to-person transaction and the delivery company ascertains the recipient is 21 or older, was amended on March 30, 2017 to remove the tobacco provisions from the bill and is no longer relevant, and was removed from Senate Committee on Business, Professions and Economic Development and returned to Rules Committee on April 4, 2017.
Colorado: Senate Bill 139, which permanently extends the ability for distributors to claim a credit for taxes paid on tobacco products that are shipped or transported by the distributor to a consumer outside the state, has passed both chambers after the Senate concurred with House amendments on April 5, 2017.
Connecticut: House Bill 6491 and Senate Bill 448, both of which raise the legal age to cigarette purchase cigarettes to 21 years of age and older, failed to meet the Joint Favorable deadline on March 29, 2017.
Illinois: House Bill 3809, which extends the current self-service display ban to include all tobacco products and prohibits the display of candy within 5 feet of a counter that has tobacco products behind it, failed in House Consumer Protection Committee on March 28, 2017. The following bills failed on March 31, 2017 by reason of missing a procedural deadline: House Bill 235, which provides that selling single or loose cigarettes to persons 18 and older is to be treated as a petty offense punishable by a fine of not more than $50; House Bill 3208, which raises the minimum legal sales age and possession of tobacco products, including e-cigarettes, from 18 to 21; House Bill 3221, which prohibits smoking at youth sporting events; and House Bill 3807, which creates the Vapor Products Regulatory Act for purposes of regulating retail sellers of vapor products and removes vapor products from the Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act.
Indiana: House Bill 1001, the state budget bill with no cigarette tax increase, passed the Senate and was sent to the House for concurrence on April 6, 2017. Senate Bill 1, which removes date restrictions in the e-liquids statutes and removes certain requirements for an initial e-liquids manufacturing permit, passed the House and was sent to the Senate for concurrence on April 6, 2017.
Kansas: Senate Bill 96, which decreases the excise tax on vapor products from 20 cents per milliliter of e-liquid to 5 cents per milliliter of e-liquid, was moved to a conference committee on April 4, 2017 to reconcile the differences between the House and Senate versions of the bill after the Senate refused to agree with House amendments.
Mississippi: House Bill 1090, which prohibits purchase of tobacco products (including vapor products) with TANF benefit cards and prohibits the cards use in certain retail establishments including tobacco and vapor product stores, passed the Senate and was sent to the Governor on April 3, 2017.
Montana: Senate Bill 354, which increases the state cigarette tax by $1.50 per pack, increases the tax on other tobacco products an additional 24% of the wholesale price, and includes "vapor products" in the definition of "tobacco products," was considered in a hearing in the House Taxation Committee on April 5, 2017. The committee voted 12-8 to oppose the bill through a “not to concur” vote and sent the non-concurrence message to the full Montana House. The full Montana House needs to consider the “not to concur” recommendation made by the Houses Taxation Committee. Senate Bill 147, which prohibits the use of vapor products where smoking is prohibited, was held in the Senate on March 31, 2017 after missing the deadline for Revenue Bill Transmittal.
Nevada: Senate Bill 181, which increases the tax on cigarettes from $1.80 to $2.40, passed the Senate Health and Human Services Committee on April 5, 2017.
Oregon: House Bill 2024, which increases the tax on cigarettes by $1.00 per pack, increases the legal age to purchase and possess tobacco products and inhalant delivery systems to 21 years of age, and imposes a tax on inhalant-form nicotine at 90% of the wholesale price, will be considered in a work session in the House Health Care Committee on April 10, 2017. House Bill 3296, which imposes the OTP tax of 65% on the wholesale price on tobacco substitutes, will be considered in a hearing the House Revenue Committee on April 10, 2017. HB3296 defines “tobacco substitute” as a product that contains nicotine and is intended to be orally ingested by a user, other than a product containing tobacco or an electronic cigarette.
Washington: The following bills passed the House Finance Committee on March 30, 2017 and were referred to the House Rules Committee on April 4, 2017: House Bill 1054, which increases the legal age to purchase tobacco and vapor products from 18 to 21 years of age and House Bill 2165, which imposes a tax on vapor products at 60% of the taxable sales price.
Rhode Island: House Bill 5876, which prohibits the sale of liquid that is intended for human consumption and/or use in an electronic nicotine delivery system that is not contained in child resistant packaging, was recommended for further study in the House Health, Education & Welfare Committee on April 5, 2017.