Newly Introduced State Tobacco-Related Legislation

Below is a summary of tobacco-related bills introduced in state legislatures and governor budget proposals since February 14, 2015:

Arkansas:  Senate Bill 244 amends the definitions of smoking and tobacco to treat e-cigarettes similarly to other tobacco products for taxation purposes.

Idaho:  House Bill 159 prohibits the sale of electronic cigarettes to minors and also prohibits minors from selling or distributing electronic cigarettes during the course of employment.

Iowa:  House Bill 306 redefines alternative nicotine and vapor products as tobacco products, making them subject to all provisions on tobacco products, including taxation.  Senate Bill 1195 increases tobacco license fees from $100 to $500 annually in cities with population over 15,000 people, to $300 in cities with under 15,000 people, and to $150 in places outside of any city. 

Illinois:  House Bill 2513 requires a tobacco retail training program for employees.

Kentucky:  Senate Bill 189 (similar to House Bill 145, which passed the House) prohibits smoking at all indoor workplaces and from within 15 feet of the entrance to indoor workplaces.

Montana:  House Bill 579 imposes a tax on vapor products at $0.0173 per milligram of nicotine in the consumable material of the vapor product.

Ohio:  House Bill 64 increases the state cigarette tax by $1.00 per pack, raises the other tobacco product excise tax to 60%, assesses the OTP tax rate of 60% on electronic cigarettes and vapor products, eliminates the cigarette stamping allowance and OTP compensation provided to tobacco wholesalers, and requires licensing and fees of individuals who sell/manufacture vapor products. 

Texas:  Senate Bill 648 increases the legal purchase age of cigarettes and tobacco products from 18 to 19.

New York:  Senate Bill 3722 requires the exclusive use of encrypted, counterfeit-resistant cigarette tax stamps by tobacco wholesalers when stamping cigarette packages.  

Rhode Island:  House Bill 5493 prohibits the sale of liquids used by humans in electronic delivery systems unless packaged in child-resistant packaging.

Vermont:  House Bill 233 taxes e-cigarettes as other tobacco products at 92% of wholesale.  House Bill 265 increases tobacco taxes: on cigarettes and little cigars by $1.25 per 20-pack, on snuff to $3.33 per ounce, and on smokeless tobacco the greater of $3.33 per ounce or $4.00 per package containing less than 1.2 ounces.

Wisconsin:  Assembly Bill 36 prohibits the sale of novelty lighters to minors and

the display of “novelty lighters” in an area of a retail establishment that is accessible to the general public. Assigned to Assembly Consumer Protection Committee. 

Newly Introduced State Tobacco-Related Legislation

Below is a summary of tobacco-related bills introduced in state legislatures and governor budget proposals since February 8, 2015:

 Arizona:  House Bill 2648 makes it a crime (petty offense) to (1) market vapor products to minors; (2) sell a vapor product without a warning label describing health dangers to minors of product use; or (3) sell a vapor product with a label or packaging that “attempts to confuse” the product with a toy or candy.

Illinois:  House Bill 2404 adds e-cigarettes and vapor products to the state’s School Code and the Smoke Free Act.

Kansas:  House Bill 2306 increases the tax on cigarettes $1.50 per pack and would increase the tax on OTP by 15%.  Senate Bill 203 was referred to the Senate Assessment and Taxation Committee and increases the tobacco-licensing fee for retailers from $25 to $200 for each store location and would increase the tobacco-licensing fee for wholesalers from $50 to $500 for each location.

Kentucky:  House Bill 438 defines e-cigarettes and vapor products as tobacco products for the purposes of taxation. 

Maine:  House Bill 290 (formerly Legislative Resolution 1182) would require child-resistant packaging for products containing liquid nicotine solution.

Maryland: House Bill 489 (cross-filed with Senate Bill 7) prohibits the sale of components for an electronic device or a product used to refill or resupply an electronic device to a minor.

Minnesota:  House Bill 865 requires each retailer that sells tobacco products to be licensed by the State of Minnesota and pay a $50 per store license fee.  House Bill 700 repeals the automatic annual adjustment increase in the cigarette tax.

Missouri:  House Bill 916 establishes the Child Protection Registry and prohibits the use of electronic advertising of tobacco products to individuals under the age of 18. A similar bill in the Senate, Senate Bill 179, was assigned to the Senate Seniors, Families and Children Committee.

New Hampshire:  Governor Maggie Hassan released her budget with a proposed $.21/pack cigarette tax increase plus a proposal to enact a tobacco product tax on cigars, pipe tobacco, smokeless tobacco, and including e-cigarettes, in parity with the proposed higher cigarette tax rate.

New York: Senate Bill 3425 (same as Assembly Bill 4064) establishes a cigarette butt recycling program.  Senate Bill 3456 increases the age to purchase tobacco products from 18 to 21Assembly Bill 128 prohibits the sale of flavored tobacco products (excluding tobacco, menthol, mint or wintergreen).  Assembly Bill 4670 makes it unlawful for a person under the age of 18 to possess tobacco product.  Assembly Bill 5164 bans the sale of discounted cigarettes and tobacco products (electronic cigarettes exempted).

Oregon:  House Bill 2918 prohibits the use of electronic cigarette products by minors.

Pennsylvania:  House Bill 379 prohibits the retail sale of novelty lighters (with some exceptions) defined as a lighter designed to appear to be a toy. 

Rhode Island:  Senate Bill 209 reduces the cigarette tax by $.50 per pack and changes the minimum mark up to 15% for cigarettes sold by retailersSenate Bill 287 repeals the exemption from the state smoking ban for pari-mutuel gaming facilities. 

Utah:  House Bill 131, which prohibits persons under the age of 19 from entering tobacco specialty shops, passed the House Committee on Law Enforcement and Criminal Justice on February 9th.

Vermont:  House Bill 171 prohibits the use of electronic cigarettes in the same places where the use of lighted tobacco products is banned; would prohibit electronic cigarette displays on store counters.

Washington:  Governor’s budget proposal increases the cigarette tax by $.50 per pack and assesses a tax of 95% on electronic cigarettes and vapor products.