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August 10, 2006
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FEDERAL LEGISLATION
Sponsor |
Proposed Increase |
Bill Numbers |
NATO Action |
Status |
| Waxman/Davis | FDA Regulation of Tobacco | HR. 1108 | 04/02/08 Passed by full Committee | |
| Blackburn | Reduce Youth Access to Smoking Republican amendment to HR 1108 | HR 5513 | 03/06/08 Introduced | |
| Prohibits cigarettes, smokeless, RYO from being sent through the USPS | HR 5912 | Passed Subcommittee |
STATE TAX INCREASE LEGISLATION
State |
Current/Proposed Tax |
Bill Numbers |
NATO Action |
Status |
|
Alabama |
New tax on gummed cigarette papers $.30/pack |
H.25 |
Pending in House Education Appropriations Cmte since 2/5/08 |
|
| $.425/pack to $.75/pack | H. 361 | 02/07/08 to Approp. Comm. | ||
| California | $.87/pack up to $2.87/pack | HB A1a | Failed in Senate committee | |
| $.87/pack up to $2.97/pack | CA SCA 13 | 5/8/08 assigned to Tax Com | ||
| District of Columbia | $1.00-$2.00 | Passed City Council | ||
| Florida | Changes tax on moist snuff to wgt. based | H. 681 | Pending in House Agribusiness Cmte—temporarily deferred on 3/19 5/2 (last day of 2008 session) died in committee |
|
| $.33.9 to $1.33.9/pack | H. 299/S.2790 | Referred to five committees 5/2 (last day of 2008 session) died in committee |
||
| Georgia | $.37/pack to $1.37/pack | H.1197 | Intro on 2/13—referred to House Ways & Means Cmte Legislature adjourned for 2008--died in committee |
|
| OTP 10% of wholesale cost to $.15 oz. | H. 1138 | Intro on 2/8—referred to House Ways & Means Cmte Legislature adjourned for 2008--died in committee |
||
| $.37/pack to $1.37/pack | H. 1264 | 02/20/08 Introduced Legislature adjourned for 2008--died in committee |
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|
Illinois |
$0.90 per pack Increase | H.556 (carryover) | Reassigned to Rules Comm. | |
| $0.90 per pack increase, floor tax, option for local gov’t of cigarette tax up to $1.00 per pack | S.2545 | 02/15/08 to Rules Comm | ||
| Iowa | Property tax pilot program allows pilot cities to impose tobacco tax | H.2761 | 4/4/08 Introduced Failed upon adjournment |
|
| Kansas | $.79/pack to $1.29/pack OTP 10%-57%. Increases each year through 2013 |
H. 2737/S.542 | 02/08/08 Hearings held | |
| Kentucky | $.70 surtax | H 443 | 02/04/08 to Revenue Comm. | |
| $.30/pack to $1.00 OTP: 7.5% to 10% of gross receipts; snuff 9.5 to 20 cents per unit |
H 443 | House passed budget bill includes $.25 increase Budget passed w/ no new tax. Special Session possible. | ||
|
Maine |
$2.00/pack to $2.05/pack |
H.790 |
Carryover |
|
| Change OTP to a flat rate of $1.00/oz. | H.1484 | 01/02/08 Introduced Adjourned w/out action | ||
| $2.00/pack to $2.50/pack Taxes little cigars as cigarettes OTP: 20%-78% |
H. 1608 |
Adjourned w/out action Special Session Pending |
||
| Maryland | Imposes a $20 tax on sale of tobacco paraphernalia (not rolling papers) | S. 362 | Introduced | |
| Tax little cigars same as cigarettes | S. 383/H.617 | Reported unfavorably from House Comm. Amended in Senate; dropped cigar provisions | ||
| Tax Relief. Reduces cigarette tax from $2.00 to $1.00 | S. 537 | Introduced Withdrawn | ||
| Increases OTP from 15%-25% | H.1095/S.513 | 02/07/08 Referred to Health Comm. 04/03/08 Reported unfavorably Adjourned with no new taxes. | ||
| Massachusetts | Budget bill to increase cigarette tax by $1.00 per pack | 04/10/08 Passed House 05/06/08 Passed Senate |
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| Mississippi | $.18/pack to $1.00/pack. Changes snuff from 15% to $.39 oz. | H. 20 | Referred to Ways and Means Comm. | |
| $.18/pack to $1.00/pack. No OTP | H. 22 | |||
| $.18/pack to $.50/pack | H. 73 | |||
| $.18/pack to $.36 Increases OTP from 15%-16% | S. 2241 | |||
| $.18/pack to $1.00/pack | H. 209 | |||
| $.18/pack to $1.18 | H. 1013/H. 371 | 02/14/08 Passed Comm. Died in Committee | ||
| $.18/pack to $.80/pack | S.2439 | |||
| $.18/pack to $1.18/pack | S. 3071 | |||
| $.18/pack to $.68/pack | H. 1733 | Referred to Ways and Means Comm. | ||
|
Nebraska |
$.64/pack to $.74/pack | L. 1149 | Failed upon adjournment | |
| Changes OTP to $.65/oz | L. 722 | Failed upon adjournment | ||
| New Hampshire | OTP from 19%-60% WP | H.1510 | ||
| New Jersey | Increases tax on little cigars to 150% | S. 1367 | ||
| New York | Changes definition of cigarette to allow the state/city to impose a tax on little cigars. Also requires stamp on little cigars and subjects it to MSA | S. 6180 | ||
| $1.50/pack to $2.25/pack | A. 10409 | 03/28/08 Introduced as part of budget package agreed upon by leadership Passed both houses |
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| North Carolina | $.35-$.55 | Governor’s Proposal | ||
| Pennsylvania | OTP 36 cents per ounce; 3.6 cents on cigars and cigarillos. Currently there is no tax | S. 1357 | 04/09/08 Introduced | |
| Increase cigarette tax by $.10 | S. 1394 | 05/07/08 Introduced | ||
| Rhode Island | Caps cigars at $.50 | H. 7350 | 02/05/08 to Finance Comm | |
| Changes OTP method | H. 7450 | 02/13/08 to Finance Comm. | ||
|
South Carolina
|
$.07/pack to $$.50/pack |
S. 975 |
|
|
|
$.07/pack to $.30/pack |
H.4493 |
|
||
|
S.07/pack to $.57/pack |
H. 4900 |
Passed Senate-to Gov. |
||
|
Tennessee |
$.20/pack to $.65/pack. To increase $.03/pack through 2017 |
S. 94/H.118 |
Carryover |
|
|
$.20/pack to $1.00/pack |
S 406/H1071 |
Carryover |
||
| Utah | Changes tax on moist snuff from 35% WP to $.75 ox. | H. 356 | 02/07/08 Passed Revenue Comm. Signed by Gov. | |
| $.69.5/pack to $1.195/pack | H. 355 | 02/27/08 Passed Revenue Comm. To Rules Comm. Died upon adjournment | ||
|
Vermont |
Taxes snuff and RYO as OTP at 41% of wholesale price |
H. 481 |
Carryover |
|
|
Virginia |
Allows any county, city or town governing body to impose a tax on cigarettes, not to exceed $.05 of amount levied under state law, whichever is greater |
H.1347 |
1/09/08 Introduced |
|
|
Washington |
Changes tax on moist snuff from 75% mp to $.50/ container |
S. 6951 |
02/21/08 to Ways and Means Comm. |
|
|
West Virginia |
$.55/pack to $1.35/pack |
H. 3123 |
01/09 Introduced |
SELF-SERVICE DISPLAY BANS
State |
Proposed Restriction |
Bill Numbers |
NATO Action | Status |
| Nebraska | Bans self-service displays | L. 585 | Passed from Judiciary to General File Failed upon adjournment |
|
| New Jersey | All products must be behind the counter. Exempts tobacco stores that prohibit 18 or younger admittance | A.979 | Introduced 1/8/08 | |
| Oklahoma | Prohibits display of tobacco products. Cigarette stores exempt | H. 3254 | 02/05/08 to Judiciary Comm. | |
| Tennessee | Requires tobacco products be sold under continuous supervision; cannot be sold within 3 ft of candy section | S. 3242 | Watching with Murray Jones | 01/17/2008 Introduced |
SMOKING BANS
State |
Proposed Restriction |
Bill Numbers |
Action | Status |
| Alabama | Statewide smoking ban. Exempts tobacco stores | S. 229/H.663 | 2/05/08 Introduced—H.663 Heard in Gov’t Operations Cmte on 3/6/08 04/30/08 Passed Senate S. 229--5/8/08 Read a second time in House Gov’t Operations Cmte—did not receive a vote on 5/19/08, the final day of the 2008 session |
|
| Indiana | Statewide smoking ban. Exempts retail stores w/ tobacco sales volume of 66% | H. 1057 | 1/23/08 Hrg. Scheduled 1/23 Hearing held—no vote taken Legislature adjourned sine die on 3/14/2008 |
|
| Iowa | Allow localities to impose stricter laws | HB 2067/S. 2096 | 1/28/08 Referred to committee | |
| Statewide ban; exempts tobacco stores | H. 2212 | Alert sent to NATO members | 02/14/08 Introduced
02/21/08 Passed House, Assigned to Senate State Gov’t Comm
3/12 Passed Senate in Conference committee
Conference Report adopted by both houses. Signed by Gov. |
|
| Kansas | Kansas Uniform Smoking Prohibition. Goes to voters in each county |
S. 493 | Alert, letters and petitions sent to NATO members | 1/28/08 Introduced 02/19/08 Amended to Exempt Tobacco Stores |
| State-wide smoking ban. No exemption for tobacco stores | S. 660 | 02/28/08 Referred to Ways and Means Passed Ways and Means with amendment exempting tobacco stores | ||
| Louisiana | Amends current law to prohibit smoking where food is served | S. 185 | 3/31/08—referred to the Senate Health & Welfare Cmte | |
| Michigan | Statewide smoking ban. No exemption for tobacco stores | Passed Senate | ||
| Mississippi | Statewide smoking ban. Exempts retail tobacco stores | S.2052 | 01/14/08 Introduced | |
| Statewide smoking ban. Exempts stores with 50% tobacco sales | S. 1076 | 02/06/08 Referred to General Laws Comm. | ||
| Missouri | Statewide smoking ban. Exempts retail tobacco stores | S.1079 | 2/5 Intro. And referred to Senate Pensions, Veterans’ Affairs and General Laws Cmte | |
| Nebraska | Prohibits smoking in all public places | L. 395 | 02/14/08 Passed Comm. Signed by Governor | |
| Oklahoma | Removes exemptions from state law including tobacco stores | S. 1875 | Alert sent to NATO members | 02/04/08 Introduced 02/19/08 Do Pass recommendation from Committee |
| Pennsylvania | State-wide smoking ban | Carryover: Conf. Comm hrgs 3/10 and 3/13 | ||
| Rhode Island | Removes exemption from state-wide ban for retail outlets, bars and casinos | S. 2678 | 02/26/08 Introduced | |
| South Carolina | Expands current law to include restaurants and bars. Exempts tobacco stores | H.3119/S.209 | Judiciary sent back to subcommittee. | |
| South Dakota | Allows local gov’t to impose regulations stricter than state law | H. 1237 | 1/31/08 Defeated in committee | |
| Virginia | Statewide smoking ban. Exempts retail tobacco stores |
H. 288, H.500, H. 572, H.821, H.1253, H. 1341, H.1432, S.202, S.298, S. 501 |
02/07/08 House committee killed all house bills. 02/05/08, Senate passed S. 298, S.501, S.347. House did not advance Senate Bills—Legislature adjourned sine die on 3/13/08 | |
| Allow local ordinances in certain counties to be more stringent than state | H. 1063 | Introduced—left in General Laws Cmte—Legislature adjourned sine die on 3/13/08 | ||
| West Va. | Statewide smoking ban. Exempts tobacco stores with 80% profit from tobacco items. | S. 209 | 1/11/01 Introduced | |
| Wisconsin | State-wide public smoking ban | A. 834 | Alerts sent to NATO members | Adjourned without action |
| Removes exemption from current law. Maintains tobacco store exemption with 80% sales from tobacco | A. 834 | 02/21/08 Referred to Health Comm. Adjourned without action | ||
| Wyoming | Eliminates all exemptions to current law | H. 87 | 02/05/08 Introduced 02/14/08 Withdrawn Died upon adjournment |
AGE RESTRICTION
State |
Proposed Restrictions |
Bill Numbers |
Action | Status |
| Louisiana | Raises purchase age to 21 | H.240 | 3/31/08 Introduced—referred to the Criminal Justice Cmte | |
| New Jersey | Raises purchase age to 19 | A. 1870/S.1095 | Introduced | |
| New York | Raises purchase age to 21 over time | S. 176 | Introduced | |
| Rhode Island | Raises age to 21 | S. 2087 | Carryover |
INTERNET/MAIL RESTRICTION
State |
Proposed Restrictions |
Bill Numbers |
Action | Status |
| Idaho | Requires consumers to pay excise tax on products not taxed | H. 358 | Passed both Houses; to Gov. 02/19/08 Signed by Gov. |
|
| New Jersey | Establishes criteria for complying with Jenkins Act. Includes all tobacco products | S. 217 | Introduced 01/08 |
FLAVORED CIGARETTES
State |
Proposed Restrictions |
Bill Numbers |
Action | Status |
| Colorado | Prohibits sale of flavored cigarettes | S.88 | Comm. Amendment adopted. To third reading | |
| Hawaii | Prohibits sale of flavoured tobacco products |
S.2105/H.2025 H.2025 S.2105 |
1/16/08 Introduced 2/11 Passed House Health Cmte 2/13 Passed Senate Health Cmte—referred to Judiciary & Labor Cmte |
|
| Illinois | Prohibits sale of flavoured cigarettes | H. 5365 | 02/14/08 to Rules Comm. | |
| Prohibits sale of flavoured cigarettes | S. 2825 | 03/13 Original bill stripped in committee On second reading. Inserted ban on flavored cigarettes; exempts cigars 04/01/08 Placed on calendar Passed Senate |
||
| Maryland | Prohibits sale of flavored cigarettes and cigars | H. 1588 | ||
| New Jersey | Prohibits sale of flavoured cigarettes | A. 1614/S. 613 | 02/14/08 Passed Senate Comm. | |
| New York | Prohibits sale of flavoured cigarettes |
A. 7368 |
01/09 Returned to Assembly from Senate |
|
| Prohibits sale of flavoured cigarettes | S. 4517 | 01/09 To Health Comm. | ||
| West Virginia | Prohibits sale of flavoured cigarettes | H. 2435/ S. 138 | 01/09 Introduced |
RETAIL PROVISIONS
State |
Proposed Restrictions |
Bill Numbers |
Action | Status |
| California | Changes retail license fee to $100 annually | A. 2088/A.2344 | Language dropped from A. 2088. A. 2344 contains $185 annual retail fee. | |
| Colorado | Removes provision requiring retailers to report to distributors who purchased products | S. 91 | 02/12/08 to Health Comm. 02/27/08 Passed House Signed by Gov. | |
| Illinois | Requires records maintained of all purchases and sales | S. 2026 | 02/07/08 to Rules Comm. | |
| Indiana | Requires retailers to obtain “tobacco sales certificate” $200 per location | H. 1118 | 1/17/08 Approved 9-3 in committee 2/4 Passed House and moved to Senate Commerce Cmte 02/27/2008 Passed Senate 3/19/08—signed by the Governor—4/4/08—became law |
|
| Maryland | Establishes record keeping requirements for sale of paraphernalia (papers exempt) | H. 1399 | Reported unfavorably | |
| Mississippi | Prohibits sales to retailers on credit | H. 1096 | Conferring with tobacco allies | 02/04/08 to Ways and Means Comm. |
| Missouri | Requires license w/ annual fee of $25 | H. 1580 | 1/09/08 Introduced 1281 | |
| New Hampshire | Increase retail license from $10 to $100 | H 1334 | Failed to pass House | |
| New York | Bans sale of tobacco products in pharmacies | S.8097 | Introduced | |
| Rhode Island | Increases retail license fee from $25-$250 | H. 5930 | Carryover |
Hotlinks to State Legislature Web Sites
The hotlinks to individual state web sites below will enable you to obtain more detail about what's pending in your own vicinity. Take full advantage of this information by checking out your own state government's activities which may affect your business. And write or e-mail your representative to speak up for your rights.
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