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August 10, 2006

 

 

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FEDERAL LEGISLATION

Sponsor

Proposal

Bill Numbers

Status

Pallone

SCHIP

HR2

1/14 Passed House

Baucus

SCHIP

S. 275/HR2

1/29 Passed Senate
2/4 Signed into law

Waxman

FDA

HR 1256

03/04 Passed Energy Committee 39-13
4/1 Passed House

Kennedy

FDA

S. 982

4/19 Mark-Up in HELP Comm.
5/20 Passed HELP Comm.

Buyer

Establish Tobacco Harm Reduction Center in HHS with certain authority to regulate tobacco

HR 1261

03/03 Introduced
4/1 Defeated as an amendment to HR 1256

Burr

Establish Tobacco Harm Reduction Center in HHS with certain authority to regulate tobacco

S. 574

 

Weiner

Prohibit delivery of tobacco products through the USPS

HR 1676

Passed Judiciary Comm.
5/21 Passed House

Blackburn

Provide grants to states to reduce underage smoking

HR 1432

 

 

STATE TAX INCREASE LEGISLATION

 

State

Current/Proposed Tax

Bill Numbers

Status

Alabama

$.425 to $.75/pack

OTP 32%-68%

HB134

2/3 Introduced

 

Arkansas

$.59 to $1.15/pack

H. 1204

Signed Into Law

 

California

$.87 -$2.97/pack

A. 89

02/23 to Rev. and Gov. Comm.

$.87-$2.37/pack

S.600

02/27 Introduced

Connecticut

$2.00-$2.50/pack

OTP: 20%-25%; moist snuff $.40-$.50 oz.

S. 930

In Joint Committee on Finance, Revenue and Bonding since 2/18

Florida

$.33.9/pack to $1.33 replaces “tax” with user fee

HB 3a (special session)

Special session ended without action

$.33.9-$1.33.9/pack

As amended a $1.00 surcharge/pack and OTP surcharge of 60%, excluding cigars.

HB 11/S. 1840

5/08 House/Senate concurred   awaiting action by the Governor—the legislature adjourned sine die

$.33.9 to $.99/pack

H.887

 

 

Imposes a tax of 2 cents per cigarette on products of “nonsettling manufacturers”

SB2474

3-4 Introduced

 

 

 

 

Georgia

$.37/pack to $1.37/pack

Smokeless 10%-25%

H. 39

Session ended—legislature adjourned on 4/3/09

Hawaii

As enacted: OTP increases from 40%- 70%. Little cigars taxed as cigarettes.  Cigarette tax increases from $2.00 -$2.60 over 3 years.

 

SB38/HB 895

4/22 approved by Conf. Cmte.; passed final reading in both chambers and transmitted to the Governor.

5/8 House and Senate overrode Gov. veto.

OTP: 40%-80%

HB 1527

2/06 Passed Comm.

$2.00 to$4.00/pack

To $2.60 on 7-1-09; to $2.80 on 7-1-10; to $3.00 on 7-1-11.

HB 1175

3/06 Adopted as a comm.. amendment

3/27 Passed Senate

Amended increase to $.40

4/22 approved by Conf. Cmte.; passed final reading in both chambers and transmitted to the Governor.

Illinois

$.98-$1.98/pack

H. 454

2/4 Introduced

OTP 18%-40%

H. 1196

4/1 to Second Reading in House

$.98 to $1.98/pack

S.44

Passed Senate

Indiana

OTP: 24%-31%

SB 371

 

Kansas

OTP: 18%-40%

H. 2321

Signed into law

Kentucky

$.30-$.60 pack

OTP 7.5% to 15%

Snuff 9.5 per unit to 19.5 per unit

H. 68

Signed Into Law

 

 

 

Louisiana

$.36-$1.36/pack

OTP 33% -49.5%

H. 75

Defeated

$.36-$.86/pack; premium cigars 20%-30%;RYO 33%-59.5%; smokeless 20%-30%

HB. 889

5/12 Hearing held

Maine

$1.00/oz on all OTP

H. 637

3/5 Introduced

$2.00-$3.00/pack

H. 948

3/30 Introduced

5/12 “Do Not Pass” by Joint Tax Committee

Maryland

$2.0$2.75/pack

S. 813

2/06 Introduced

Adjourned w/out passing

Moist snuff 15%-.75 oz

S. 825

2/06 Introduced

Adjourned w/out passing

Massachussets

Smokeless 30%- 90% of wholesale

 

Cigars 30%-80%

 

Tax rolling papers at $5.00/pack

H. 2268

 

H. 2738

 

H. 3949

Moved from Joint Tax Comm., eligible for floor action.

Minnesota

Modify excise tax on snuff from 70% to $1.76 oz.

H. 2191, S. 1909

3/26 Introduced

$1.50.4-$2.50/pack

H. 2263

 

$1.50.4 - $2.52.4pack

OTP 70%-140%

H. 2194, S. 1900

 

$1.23 - $1.77/pack

H. 2323

 

Mississippi

$.18 - $ 1.00/pack

Amended to $.18-$.68/pack

H. 364

Passed House

Passed Senate ($.18-$.67)

In Conference Committee

5/14 Gov. signed amended bill.

$.18- $.68/pack

H. 165 /S.2213

Died in Committee

$.18- $.53/pack

S. 2053

Died in Committee

$.18 -$.50/pack

H. 105

Died in Committee

Missouri

$.17-$.33/pack

H. 494

1/29 Introduced

Montana

$1.70-$1.87

S=317

2/25—Committee hearing completed

Died in Committee

OTP 15%-118%.  Moist snuff $.85 -$2.00 oz.

 

Hearing held 2/17 in Senate Taxation Committee – No Vote

3/5 Tabled

Nebraska

OTP: 20% to $.65

L. 89

3/18 Enacted

Nevada

$.80-$1.80/pack

A 255

4/9 Rereffered to Comm on Ways and Means

New Hampshire

Add cigars and snuff to OTP tax rates.  19%-31.59%

H. 567 - 568

Pending in Ways & Means Committee

$1.33 to $1.68/pack

H 2

3/04 Introduced

4/9 Passed House

New Mexico

$.91-$1.91/pack

H. 742

2/26 Passed Health Comm.

Failed- Adjourned

North Dakota

28% (w) for all OTP

H. 2197

2/11 Failed to pass Senate

Ohio

OTP 17%-54%

S.37

 

Oregon

Increase cigarette tax (undetermined) to fund Health Authority Board.  Impose $.60 floor stocks tax 1/1/10

HB 2009

2/5—Public hearing

Require distributors to pay an additional $.07/pack

HB 2379

1/12 Introduced

$1.18--$1.78/pack---OTP 65%--90% with cap of $.50/large cigars

 

HB 2122

1-15 Introduced (requires 3/5 favorable vote for passage) 2/5—Public hearing

Sets rate of moist snuff at $1.78 oz, minimum $2.14 per container

HB2672

2-12 introduced; 2-18 referred to committee

4-22 Passed 3rd reading in House.

 

Increase cigarette tax by $.40/pack; OTP by $.40 per retail container less than 3 ounces; $.40/cigar; includes floor tax

HB3387

3-12 Introduced

 

Phases in cigarette tax increase totaling $.19/pack over 6 years          ( $.07/pack in the first year)

HB3406

3-11 Introduced

 

 

 

 

New York

 

 

Authorizes certain counties to levy

tobacco excise taxes

A. 1027

1/7 Introduced

Changes cigar tax from 37% to $.50 cap

A. 160

 

$2.75-$3.50/pack

A. 3300/S.2665

1/26 Introduced

Cigars and OTP( other than snuff)

37%-46%

Gov. Budget

Effective 4/7/09

Tax little cigars same as cigarettes

A. 8052

5/1 Introduced

North Carolina

$.35-$1.19/pack

H453/S. 410.

3/5 Introduced

$.35-$1.35/pack

OTP to 28% (currently 10%)

S1093/H205 / H916

3/31--4/1 Introduced

 

Pennsylvania

Establish OTP tax rate of 59.2% WP

HB57

1/26 Finance Comm

Rhode Island

Removes $.50 cap on cigars

S. 523

02/26 Introduced

$2.46-$3.46/pack

OTP 40%-80%

Gov. Budget

4/1 Passed House

4/2 Passed Senate

Approved.  Effective 4/10

South Carolina

$.07 - $.37/pack

H. 3014

 

$.07-$.57/pack

H 3584

Passed House

$.07-$.52/pack

H. 3471

 

$.07-$.57/pack

H. 3584

Passed House

Tennessee

$0.20/pack

S 714

Senate Committee on Finance, Ways and Means since 2/18

Texas

Tax moist snuff at $1.00/oz

HB1666 / HB1289 / SB1336

2/23 Introduced

3/3—referred to Ways & Means Committee

 

Sets cigarette tax rate at the greater of $1.41/pack (current rate) or 55% of manufacturer’s list price.

HB3339

3-11 Introduced

Set tax rate on moist snuff at $1.22 oz.

S. 2527 / HB2154

4/15 Introduced

5/13 Passed the House—sent to Senate

Utah

$.69.5 - $1.69.5

H. 219

 

$.69.5 - $1.00/Pack

OTP: 35% -88% MP

Snuff: $.75 - $2.15 oz

S. 114

2/5 Defeated in comm.

3/12 Defeated

Vermont

$1.99-$4.00/pack

OTP: 41%-61%

H. 401

3/5 Introduced

Tax on “new smokeless tobacco” $1.66 oz.

H. 442

Virginia

Allows local governments to impose tax of $.05/pack

HB1347

Carried over from 2008 session

2/28—left in committee—legislature adjourned sine die

Allows local governments to impose tax of $.05/pack

HB2249

2/28—left in committee—legislature adjourned sine die

$.30--$1.19/pack---RYO 10% to 30%

HB2379

2/28—left in committee—legislature adjourned sine die2/28—

$.30--$.60—Adds $.25/oz on moist snuff

HB2389 / SB947

2/28—left in committee—legislature adjourned sine die

Moist snuff from 10% WP to 26 cents/oz

HB 2645/SB 1516

2/28—left in committee—legislature adjourned sine die

Washington

$2.025 - $2.750

H. 1047

 

$2.025-$3.025

SB 5626

1/27 Introduced

Increase little cigar tax from 75% to 7.125 cents/cigar

S. 6128

3/25 Introduced

Set tax on moist snuff greater of 75% wholesale or $2.025 per unit of 1.2 oz.

S.6159

4/14 Introduced

West Virginia

$.55-$1.20

OTP 7%-14%

H. 2746/S 420

2/23 Introduced

Wyoming

Change moist snuff from 20% of

purchase price to $.60 oz.

H. 67

1/19 Passed House

Pending Senate Rev.

2/25 Signed Into Law

SELF-SERVICE DISPLAY BANS

State

Proposed Restriction

Bill Numbers

Status

Alabama

Bans self-service display of tobacco products.  Tobacco stores exempt

S. 113/H. 391

2/3 Introduced

3/26 Passed Judiciary Comm.

Indiana

Prohibits sale of tobacco products through self-service other than coin operated machine. Exempts retail tobacco stores

HB 1091

 

Kansas

Prohibits self-service display. Tobacco stores exempt

S. 180

2/4 To Health Comm.

Kentucky

Prohibits self-service display. Tobacco stores exempt

S. 171

Defeated

Louisiana

Bans self-service displays.  Exempts tobacco stores

H. 368

5/13 Passed Judiciary Comm.

Maryland

Prohibits self-service display. Tobacco stores exempt

H. 681/S. 697

2/4 Introduced

Missouri

Bans the self-service display of tobacco products (including cigarettes).  Tobacco specialty shops (75% of revenue generated by the sale of tobacco products) would be exempt.

 

HB502/S.346

1/29—Introduced

Nebraska

Bans self-service displays

L. 415

Pending General Affairs Comm- Indefinitely Postponed

North Carolina

Prohibits self-service displays. Exempts tobacco stores but not for cigarettes or smokeless

H. 1487

4/13 Introduced

South Dakota

Bans self-service displays. Exempts tobacco stores

S. 100

2/24 Passed Senate

3/4 Passed House Committee on Commerce

Tennessee

Bans self-service displays. Requires $100 license for each location

S. 1215

 

Utah

Bans self-service displays.  No exemption for retailers

H. 456

03/03 to Rules Comm.

3/11 Amended Bill Passed Senate

3/25 Amended to allow use in tobacco stores that prohibit entry under 19 years of age.  Signed into law

 

SMOKING BANS

 

State

Proposed Restriction

Bill Numbers

Status

Alabama

Bans smoking in public places; tobacco stores and cigar bars exempt

SB 130

2/3 Introduced

2/19—read second time in committee

Hawaii

Bans smoking on public streets and sidewalks

H. 68

1/23 Introduced

Indiana

Expand current law to include public places and places of employment. Exempts retail stores with 80% revenue from sale of tobacco products

S. 399

1/12/09 Introduced

Smoking Ban in public places and places of employment—no exemption for tobacco stores

amended to exempt tobacco stores and age-restricted venues that serve alcohol.

HB1213

1-16    Introduced

2/4 Hearing

2/17—passed House and referred to Senate

Kansas

Statewide smoking ban.  Exempts retail tobacco stores

H. 2221

Passed both houses

Michigan

Smoking ban in public places—no exemption for tobacco stores

HB4099

1-22 Introduced

Smoking ban in public places—no exemption for tobacco stores

SB 114/SB 79

1/28 Introduced

Smoking ban in public places; exempts retail stores w/ 75% sales from tobacco

HB 4196

2/5 Introduced

Statewide smoking ban

H 4752

4/2 Introduced

Missouri

Smoking ban in public places; exempts retail stores w/50% sales from tobacco

SB 309

2/4 Introduced

North Carolina

Smoking ban in public places; tobacco stores exempt

HB 2

5/13 House concurred with Senate amendment to allow local jurisdictions to pass more restrictive legislation.

5/19 Signed by the Governor

Allow local gov’t to regulate smoking in public places

H 1167

4/8 Introduced

Pennsylvania

Relates to the elimination of smoking in all workplaces and public places; provides penalties.

 

H. 58

1/26 Introduced

South Dakota

Prohibits smoking, chewing, possessing, distributing, or selling tobacco products.

H. 1274

Tabled in House Committee on Commerce

South Dakota

Prohibits carrying lighted tobacco products in any public place

S 84

Failed to pass Senate

3/5 Indefinitely Postponed

Texas

Bans smoking in work and public places. No exemption for tobacco stores

HB 5/SB 544

5/13 Passed Senate Comm. Amended to exclude tobacco stores.

 

Smoking ban for eating and drinking places

HB3415

3-11 Introduced

 

Makes it unlawful to posses or smoke “burning tobacco products” in a vehicle if persons under age 16 are present

SB2327

3-13 Introduced.

Vermont

Bans smoking in indoor work places

S. 7

 

Virginia

11 bills introduced to impose state-wide public smoking ban. No exemption for retail stores

SB 1002, 1057, 1105, 1160, 1282

HB 1692,1703,1704,2067. 2246,2483

1/14: Introduced

SB 1105 passed Senate Comm.

2/09 S. 1105 Passed House

2/9 H. 1703 Passed House

Sent to Governor

Signed by Governor

Provides exemption for retail stores

Wisconsin

State-wide public smoking ban. Tobacco stores exempt.

A. 253

5/13 Approved.

5/19 Signed by the Governor

Wyoming

Prohibits smoking in public places

H. 31

1/26 Passed Labor Comm

Passed House

Failed-Adjourned

 

AGE RESTRICTIONS

 

State

Proposed Restriction

Bill Numbers

Status

New Hampshire

Increase purchase age to 21

H. 277

2/05 Defeated in Comm.

New York

Increase purchase age to 19

A. 722/ S.24/S. 1018

1/7: Introduced

Oregon

Increase purchase age to 21

HB2974

3-10  Referred to House Human Service Cmte

Texas

Increase purchase age to 19

S. 1049

4/1 Introduced

4/15 Passed Senate

INTERNET/MAIL RESTRICTION

State

Proposed Restrictions

Bill Numbers

Status

Maine

Prohibit sales delivery of tobacco products to licensed distributors and retailers

H. 850

3/26 Introduced

New Jersey

Facilitates tax collection on product shipped into the state

S. 217

1/26 Passed Senate Health Comm

South Dakota

Prohibits shipping product to any consumer in the state

H. 1080

2/11 Passed House
2/25 Passed Senate

Utah

Bans sale or purchase of tobacco products through the mail or Internet

 

 

Washington

Only licensed wholesalers and retailers can receive tobacco products thru mail, internet, etc.

HB 1249/SB5340

1/15 Introduced / 1-20

3/5 Passed Senate

4/13 Passed House

4/22 to the Governor

4/29 Signed by the Governor

FLAVORED CIGARETTES

State

Proposed Restrictions

Bill Numbers

Status

Illinois

Bans sale of flavored cigarettes

H. 603

3/3 House Comm on Rules

New York

Bans sale of flavored cigarettes

A. 777/S.248

2/11 Passed Comm. On Codes

2/25 Passed Assembly

RETAIL PROVISIONS

State

Proposed Restrictions

Bill Numbers

Status

D.C.

Bans sale of single cigars, blunt wraps

 

2/03 Introduced

Hawaii

Prohibits sale, distribution, and import of purse packs of cigarettes or cigarette packs containing fewer than 20 cigarettes per pack

HB327/S779

2/3  Passed Health Comm

2/20 Passed Sen. Health Comm.

Illinois

Allows smoking in retail shops that meet specified restrictions

H. 263

 

Maryland

Restricts sales of cigars (other than premium) to pack of 4 or more

H. 238

1/28 Introduced

3/26 Withdrawn

Missouri

Prohibits sale of cigarettes that do not meet certain standards (fire-safe)

SB 220

1/27 to Commerce Comm

New York

Bans sales of tobacco products in pharmacies and pharmacy depts..

S.1234/A. 5890

1/28 Introduced

4/21 Hearing held

Increases retail registration fee from $100 to $1,000, $2,500, or $5,000 depending on  total sales volume

Governor’s Budget

Pending in Committee

3/30 Passed Assembly

4/7 Enacted as part of budget bill.

Rhode Island

Increases license fee form $25 to $250.

S. 674

02/26 Introduced

South Dakota

Prohibits smoking, chewing, possessing, distributing or selling tobacco products in the state

HB 1274

Tabled in House Committee on Commerce

Prohibits sale of dissolvable tobacco products

S.769

4/1 Introduced

Passed Senate