Newly Introduced State and Federal Tobacco-Related Legislation

Newly Introduced State and Federal Tobacco-Related Legislation

Summary of tobacco-related bills introduced in states and Congress since May 8, 2015:

Louisiana:  House Bill 407 increases the tax on smoking tobacco from 33% of the invoice price to 34% of the invoice price.  House Bill 477 provides for the minimum pricing of cigarettes. 

Nebraska: Legislative Resolution 316 allows for an interim study to examine Nebraska withdrawing from the Master Settlement Agreement and increasing its tobacco excise tax to approximate the Master Settlement Agreement Payment. 

Federal: Senate Bill 1129 creates the “Tobacco Tax and Enforcement Reform Act and increases the federal tax on cigarettes and small cigars to $1.95 per pack.  SB1129 also modifies the excise tax on large cigars (currently those weighing more than three pounds per thousand) from 52.75% of the price sold by the manufacturer, but not more than 40.26 cents per piece, to $24.78 per pound (and a proportionate tax at the like rate on all fractional parts of a pound), but not less than 5.033 cents per cigar.  SB1129 provides “tax parity” for pipe tobacco and roll-your-own tobacco by taxing each product at the rate of $48.08 per pound. 

Newly Introduced State and Federal Tobacco-Related Legislation

Newly Introduced State and Federal Tobacco-Related Legislation

Below is a summary of tobacco-related bills introduced in state legislatures and governor budget proposals since May 4, 2015:

Alabama:  House Bill 572 increases the tax on cigarettes from 42.5 cents per pack to 67.5 cents per pack.

Illinois:  House Bill 4212 bans the sale of single or loose cigarettes to persons who are 18 or under and declares such transactions as a petty offense.

Wisconsin:  Assembly Bill 170, bans the use of vapor products in child care centers, schools and hospitals.

Kansas: House Bill 2429 increases the sales and use tax rate from 6.15% to 6.5%. House Bill 2429 would go into effect July 1, 2015.

United States:  House Bill 2058 amends the Federal Food, Drug, and Cosmetic Act to provide for a new grandfather date for deemed tobacco products to be the date that the FDA’s deeming regulations on cigars, pipe tobacco, e-cigarettes, hookah tobacco, nicotine gels, and dissolvables take effect.

Newly Introduced State Tobacco-Related Legislation

Newly Introduced State Tobacco-Related Legislation

Below is a summary of tobacco-related bills introduced in state legislatures and governor budget proposals since April 11, 2015:

Louisiana:  House Bill 148 increases the tax on cigarettes from 36 cents per pack to $1.41 per pack, on smoking tobacco from 33% of the invoice price to 66% of the invoice price, tax for cigars invoiced by the manufacturer at $120 per 1,000 or less shall be 8% of the invoice price. House Bill 380 requires cigarettes to be stamped prior to selling or distribution.

Massachusetts:  Senate bill 732 requires child-resistant packaging on liquid nicotine containers. Senate Bill 1119 includes electronic cigarettes in the definition of tobacco products and the use of electronic cigarettes in the definition of smoking. Senate Bill 1194 directs the Department of Public Health to promulgate regulations for restricting the marketing and labeling of other tobacco products.  Senate Bill 1453 increases the tax on cigars an additional 80% of wholesale, the tax on smoking tobacco an additional 90% of wholesale, and the tax on smokeless tobacco an additional 20% of the price paid by licensees.  Senate Bill 747 increases the age to purchase tobacco to 21.

Michigan: House Bill 4431 prohibits the sale of electronic cigarette or any vapor device that provides vapor nicotine to minors and requires liquid nicotine containers to be sold in child-resistant containers.

North Carolina:  House Bill 939 raises excise tax on vapor products to 12.8% of the cost price to pay for tobacco youth prevention.

Pennsylvania:  House Bill 995 increases the cigarette tax by $.04 per cigarette.  Senate Bill 751 prohibits the sale of electronic nicotine devices
to minors.

Wisconsin:  Senate Bill 120 and Assembly Bill 146, redefines the term “smoking” to include e-cigarettes and vapor products in the statewide smoking ban.

Oregon: Senate Bill 663 requires retailers to obtain a license from the Oregon Liquor Control Commission to sell tobacco products and inhalant delivery systems, prohibits stores within 1000 feet of a school from selling tobacco products and inhalant delivery systems, bans the retail redemption of tobacco product coupons, prohibits discounting on the purchase of multiples of the same tobacco products, and increases the legal age to purchase tobacco and vapor products from 18 to 21 years of age.

Washington D.C.: Governor’s Budget creates Vapor Product Amendment Act that taxes vapor products at the same rate as other tobacco products which are taxed at 70% wholesale.