Status of federal and state legislative activity through May 20, 2022:
Federal Legislation
Sponsor
Bill Numbers
Proposal
Status
Sponsor:
Bustos
Bill Numbers:
HR4629
Proposal:
Imposes user fees on certain tobacco products.
Status:
7/22/21-Introduced and Referred to the House Committee on Energy and Commerce
Sponsor:
Jeffries
Bill Numbers:
HR2471
Proposal:
Grants the FDA authority to regulate synthetic nicotine products.
Status:
3/15/22-Signed by the President
Sponsor:
Rubio
Bill Numbers:
SB438
Proposal:
Amends the Federal Food, Drug, and Cosmetic Act to clarify the Food and Drug Administration’s jurisdiction over certain tobacco products, and to protect jobs and small businesses involved in the sale, manufacturing and distribution of traditional and premium cigars
Status:
2/24/21-Introduced and referred to the Senate Health, Education, Labor, and Pensions Committee
Sponsor:
Shaheen
Bill Numbers:
SB2445
Proposal:
Imposes user fees on certain tobacco products.
Status:
7/22/21-Introduced, read twice, and referred to the Committee on Health, Education, Labor, and Pensions
Alaska Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Taxes
Bill Number:
SB45 (2021)
Proposal:
As amended, imposes a tax on electronic smoking products (including e-liquid) at the rate of 35% of the wholesale price; Increases the minimum purchase age for tobacco and vapor products to 21 years of age. Amended version includes provisions prohibiting the distribution of flavored electronic smoking products and any electronic smoking product that is not clearly recognizable as a tobacco product.
Current Status:
5/18/22-Eligible for Governor after the Senate concurred with House amendments
Issue:
Taxes
Bill Number:
HB110
Proposal:
Imposes a tax on electronic smoking products (including e-liquid) at the rate of 75% of the wholesale price; Increases the minimum purchase age for tobacco and vapor products to 21 years of age
Current Status:
3/9/22—Committee Hearing held
Arizona Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Licensing
Bill Number:
HB2125
Proposal:
Requires a state tobacco retail license administered by the Department of Health Services and allows local jurisdictions to regulate tobacco products
Current Status:
3/25/22-died by rule
Issue:
Licensing
Bill Number:
SB1245
Proposal:
Requires a state tobacco retail license administered by the Department of Liquor Licenses and Control and preempts local jurisdictions regulation of tobacco product sales with some exceptions
Current Status:
3/25/22-died by rule
Issue:
Advertising
Bill Number:
SB1583
Proposal:
Prohibits billboard advertising of electronic smoking devices within 1000 feet of schools and playgrounds
Current Status:
2/18/22-died by rule
California Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Retail Provisions
Bill Number:
SB491
Proposal:
Adds violations of restrictions on nitrous oxide to the list of reasons to deny, revoke or suspend a tobacco retailer license
Current Status:
Carryover from 2021
Issue:
Preemption
Bill Number:
AB422
Proposal:
Authorizes local jurisdictions to adopt ordinances prohibiting persons under 21 from possessing tobacco products
Current Status:
1/31/22-died per Constitution
Issue:
Flavors
Bill Number:
AB598
Proposal:
Requires the Attorney General to maintain a list of tobacco product brand styles that lack a characterizing flavor
Current Status:
1/31/22-died per Constitution
Issue:
Single Use
Bill Number:
AB1690
Proposal:
Effective January 1, 2024, bans the sale of single use e-cigarette devices, except those with FDA marketing orders
Current Status:
5/16/22- ordered to the inactive file at the request of the sponsor
Colorado Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Flavor Ban
Bill Number:
HB1064
Proposal:
As amended, prohibits the sale and distribution of all flavored cigarettes, tobacco products and nicotine products. The ban also includes flavored synthetic nicotine products. Current version also exempts hookah and premium cigars.
Current Status:
5/10/22-Failed in the Senate Appropriations Committee
Connecticut Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Flavor Ban (ENDS) with Nicotine Cap
Bill Number:
SB139
Proposal:
Prohibits the sale of flavored ENDS
vapor products (excludes modified risk products as determined by the U.S. Secretary of Health and Human Services); caps nicotine content at 35 mg
ml; requires dealers to maintain documentation of nicotine content and increases penalties for sales violations.
vapor products (excludes modified risk products as determined by the U.S. Secretary of Health and Human Services); caps nicotine content at 35 mg
ml; requires dealers to maintain documentation of nicotine content and increases penalties for sales violations.
Current Status:
2/22/22 Referred to the Joint Public Health Committee
4/1/22 Failed Joint and Favorable deadline
4/1/22 Failed Joint and Favorable deadline
Issue:
Flavor Ban (ENDS) with Nicotine Cap
Bill Number:
SB367
Proposal:
Prohibits the sale of flavored ENDS
vapor products; caps nicotine content at 35 mg
ml for all ENDS and vapor products; requires dealers to maintain documentation of nicotine content and increases penalties for sales violations.
As amended in committee—prohibits the sale of unflavored and flavored ENDS
vapor products (except in an “adult only retail store” defined as age 21 restricted) and increases penalties for tobacco-related sales violations
vapor products; caps nicotine content at 35 mg
ml for all ENDS and vapor products; requires dealers to maintain documentation of nicotine content and increases penalties for sales violations.
As amended in committee—prohibits the sale of unflavored and flavored ENDS
vapor products (except in an “adult only retail store” defined as age 21 restricted) and increases penalties for tobacco-related sales violations
Current Status:
5/4/22 Failed—not called for a vote before adjournment—General Assembly adjourned sine die
Delaware Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Taxes (rate reduction)
Bill Number:
SB131
Proposal:
Reduces the tax rate on premium cigars from 30% to 15% of the wholesale price
Current Status:
6/15/21 Passed the Senate (carried over to 2022)
6//16/21 Referred to the House Committee on Revenue and Finance
4/13/22 Committee hearing—reported without recommendation
4/14/22 Referred to the House Committee on Appropriations
6//16/21 Referred to the House Committee on Revenue and Finance
4/13/22 Committee hearing—reported without recommendation
4/14/22 Referred to the House Committee on Appropriations
Florida Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Preemption
Bill Number:
HB6081
Proposal:
Repeals the state preemption on the establishment of the minimum age for purchasing or possessing, and the regulation for the marketing, sale, or delivery of, tobacco and nicotine products.
Current Status:
Failed due to adjournment
Issue:
Preemption
Bill Number:
SB1022
Proposal:
Repeals the state preemption on the establishment of the minimum age for purchasing or possessing, and the regulation for the marketing, sale, or delivery of, tobacco and nicotine products.
Current Status:
Failed due to adjournment
Georgia Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Taxes
Bill Number:
HB394
Proposal:
Increases the cigarette tax by $1.50 per pack, increases the OTP tax to 39% of wholesale (includes cigars, loose and smokeless tobacco) and changes the vapor tax to the OTP rate of 39% of wholesale
Current Status:
4/4/22 Failed on adjournment
Issue:
Taxes
Bill Number:
HB670
Proposal:
Increases the cigarette tax by $2.00 per pack of 20, increases the OTP tax to 40% of wholesale (includes cigars, loose and smokeless tobacco) and changes the vapor tax to the OTP rate of 40% of wholesale
Current Status:
4/4/22 Failed on adjournment
Issue:
Vapor Products
Bill Number:
SB572
Proposal:
Relates to the sale of vapor products (defines illicit vapor products, requires manufacturers to deliver an attestation to the state AG certifying the manufacturer has applied for a PMTA or has a marketing order or other authorization from the FDA (amended in committee to delay the implementation date).
Current Status:
4/4/22 Failed on adjournment
Hawaii Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Cigar Tax Cap
Bill Number:
HB121
SB177
HB868
SB177
HB868
Proposal:
Caps the tax on large cigars at $0.50
Current Status:
2/17/22-died by rule
Issue:
Taxes
Bill Number:
HB476
Proposal:
New tax on e-liquids of 70% of the wholesale price; reduces taxes on any product the FDA has determined to be “modified risk” by 50%, effective 7
1
2060
1
2060
Current Status:
3/24/22-died by rule
Issue:
Taxes
Bill Number:
HB1661
Proposal:
New tax on e-liquids of 70% of the wholesale price; reduces taxes on any product the FDA has determined to be “modified risk” by 50%
Current Status:
2/17/22-died by rule
Issue:
Taxes,
Flavor Ban
Flavor Ban
Bill Number:
SB63
Proposal:
Prohibits sale of flavored vapor products; new tax on e-liquids of 70%
Current Status:
2/17/22-died by rule
Issue:
Taxes
Bill Number:
SB138
SB511
SB511
Proposal:
Increases cigarette tax by an unspecified amount
Current Status:
2/17/22-died by rule
Issue:
Taxes,
Flavor Ban
Flavor Ban
Bill Number:
HB993
SB621
SB1147
SB621
SB1147
Proposal:
Bans the sale of flavored tobacco products (except menthol); new tax on vapor products of 70% of wholesale price, effective 1
1
2050
1
2050
Current Status:
HB993-2/17/22-died by rule
SB621-2/17/22-died by rule
SB1147-3/23/22-died by rule
SB621-2/17/22-died by rule
SB1147-3/23/22-died by rule
Issue:
Taxes
Bill Number:
HB630
SB894
HB1925
SB894
HB1925
Proposal:
New tax of 20% of the wholesale price on electronic smoking devices and $0.10 per milliliter on e-liquids
Current Status:
2/17/22-died by rule
Issue:
Taxes,
Flavor Ban
Flavor Ban
Bill Number:
HB1328
Proposal:
Prohibits the sale of flavored vapor products; new tax on vapor products of 70% of wholesale price; retail tax of 70% on electronic smoking devices
Current Status:
2/17/22-died by rule
Issue:
Taxes
Bill Number:
HB1329
Proposal:
Includes heat-not-burn products in the definition of electronic smoking devices; new tax on electronic smoking devices of 70% of wholesale price
Current Status:
2/17/22-died by rule
Issue:
Taxes,
Flavor Ban
Flavor Ban
Bill Number:
HB826
Proposal:
Prohibits sale of flavored vapor products (except menthol), prohibits sale of tobacco; new tax on e-cigarettes of 70% of wholesale price; new retail tax of 70% of the retail price on electronic cigarette devices
Current Status:
4/29/22-died by rule
Issue:
Retail Provisions
Bill Number:
SB1398
Proposal:
Prohibits retailers from requiring customers who have clearly reached minimum age to disclose their date of birth
Current Status:
2/17/22-died by rule
Issue:
Flavor Ban
Bill Number:
HB992
SB1146
HB1698
SB2037
SB2563
HB2150
SB1146
HB1698
SB2037
SB2563
HB2150
Proposal:
Bans the sale of flavored tobacco products
Current Status:
2/17/22-died by rule
Issue:
Flavor Ban
Bill Number:
SB3118
Proposal:
Bans the sale of flavored tobacco products, effective 1
1
2050
1
2050
Current Status:
3/24/22- died by rule
Issue:
Flavor Ban
Bill Number:
HB1327
Proposal:
Bans the sale of flavored tobacco products, including heat-not-burn products
Current Status:
2/17/22-died by rule
Issue:
Flavor Ban
Bill Number:
HB1570
Proposal:
Beginning January 1, 2023, bans the sale of flavored tobacco products except those having received a marketing order from the FDA
Current Status:
5/3/22-House reconsidered its rejection of the Senate amendments and passed on final reading
5/4/22-transmitted to Governor
5/4/22-transmitted to Governor
Issue:
Civil Liability
Bill Number:
HB1905
Proposal:
Allows citizens suits to enforce their right to breathe air free of cigarette smoke and e-cigarette vapor
Current Status:
2/17/22-died by rule
Issue:
Taxes
Bill Number:
SB3119
HB2151
HB2151
Proposal:
New tax of 70% of wholesale price on e-cigarette products
Current Status:
2/17/22-died by rule
Issue:
Taxes
Bill Number:
SB2278
Proposal:
New tax of 70% of wholesale price on e-cigarette products (effective 1
1
23)
1
23)
Current Status:
3/5/22-died by rule
Issue:
Taxes
Bill Number:
HB2389
Proposal:
May increase cigarette taxes
Current Status:
2/17/22-died by rule
Idaho Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Preemption
Bill Number:
SB1285
Proposal:
Prohibits any locality from enacting ordinances regulating the marketing or sale of tobacco or vapor products and also prohibits localities from imposing additional taxes or fees on tobacco products or vapor products.
Current Status:
3/23/22-Signed by the Governor; Effective July 1, 2022
Illinois Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Cigar Tax Cap
Bill Number:
HB570/SB3728
Proposal:
Prohibits the excise tax on cigars from exceeding 50 cents per cigar
Current Status:
Carryover from 2021
HB570: 2/18/22-Re-referred to the Rules Committee
SB3728: 2/10/22-Re-referred to Senate Assignments Committee
HB570: 2/18/22-Re-referred to the Rules Committee
SB3728: 2/10/22-Re-referred to Senate Assignments Committee
Issue:
Single Use Filter Ban
Bill Number:
SB1724
Proposal:
Bans single-use cigarette filters and states that beginning 2 years after the effective date, a cigarette may not utilize a single-use filter containing cellulose acetate, another plastic material, or any non-biodegradable material
Current Status:
Carryover from 2021
Issue:
Flavor Ban
Bill Number:
SB3854
Proposal:
Prohibits the sale of all flavored tobacco and vapor products (includes tobacco and menthol in the definition of “characterizing flavor”). The proposed ban also applies to synthetic nicotine products, zero nicotine products, and disposables.
Current Status:
2/10/22-Re-referred to Senate Assignments Committee
Issue:
Flavor Ban
Bill Number:
SB699
Proposal:
Prohibits the sale of flavored tobacco products (exempts menthol, mint, and wintergreen) and specifies that the Act does not preempt or otherwise prohibit the adoption of a local standard that imposes greater restrictions on the access of tobacco products, alternative nicotine products, or solutions or substances intended for use with electronic cigarettes.
Current Status:
Carryover from 2021
Issue:
Flavor Ban
Bill Number:
SB2282 / HB4050
Proposal:
Prohibits the sale of flavored electronic cigarettes (exempts the flavors of tobacco and menthol).
Current Status:
Carryover from 2021
Issue:
Taxes
Bill Number:
SB540
Proposal:
States that nothing prohibits a home rule municipality that imposed a tax based on the number of units of cigarettes or other tobacco products before July 1, 1993, from imposing a tax on either the number of units of cigarettes or other tobacco products or both, on or after July 1, 1993
Current Status:
Carryover from 2021
Issue:
Licensing
Bill Number:
HB3146
Proposal:
Regulates the licensing for retailers of vapor products.
Current Status:
Carryover from 2021
Issue:
Nicotine Content
Bill Number:
HB2579
Proposal:
Prohibits electronic cigarettes from containing more than 25 milligrams per milliliter of nicotine.
Current Status:
Carryover from 2021
Indiana Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Flavor Ban
Bill Number:
HB1379
Proposal:
Prohibits the sale of flavored tobacco products (including cigarettes) and flavored e-liquid—no exemption for menthol
Current Status:
1/11/22 First reading and referred to the House Public Policy Committee
3/8/21Failed on adjournment—legislature adjourned sine die
3/8/21Failed on adjournment—legislature adjourned sine die
Issue:
Un-stamped cigarettes
Bill Number:
SB86
Proposal:
Increases the penalty for a person who transports cigarettes which do not bear an Indiana tax stamp over Indiana state highways and fails to carry invoices or delivery tickets for the cigarettes to a level 6 felony
Current Status:
1/4/22 Introduced and referred to the Senate Committee on Corrections and Criminal Law
3/8/21Failed on adjournment—legislature adjourned sine die
3/8/21Failed on adjournment—legislature adjourned sine die
Issue:
Cigar Tax Cap
Bill Number:
SB359
Proposal:
Caps the tax on cigars with a wholesale price exceeding $3.00 per cigar at $.72 each.
Current Status:
1/10/22 Introduced and referred to the Senate Committee on Tax and Fiscal Policy
3/8/21Failed on adjournment—legislature adjourned sine die
3/8/21Failed on adjournment—legislature adjourned sine die
Issue:
Taxes
Bill Number:
SB382
Proposal:
Omnibus Tax Bill—includes the following: taxes alternative nicotine products, as defined, at $0.40 per ounce; taxes closed system cartridges at 15% of the wholesale price; requires remote sellers, as defined, to be licensed and subject to tobacco taxes
Current Status:
3/8/22 Conference Committee report adopted—bill passed—legislature adjourned sine die
3/15/22 Signed by the Governor
3/15/22 Signed by the Governor
Iowa Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Vape Tax
Bill Number:
H98
Proposal:
Redefine tobacco products to include vapor products, thus imposing the OTP excise tax of 50% of the wholesale sales price on vapor products
Current Status:
2/23/22 Passed from the House Committee on State Government
Issue:
ANP / Vape Tax
Bill Number:
HF2523 (successor to HF98)
Proposal:
Redefines tobacco products to include ANPs and vapor products, with a tax rate of 22% of the wholesale price
Current Status:
2/23/22 Introduced and referred to the House Committee on Ways and Means
Issue:
Taxes
Bill Number:
H733
Proposal:
Increases the state tax on cigarettes and little cigars by 50 cents per pack, raises the tax on other tobacco products to 55.6% of the wholesale price, modifies the taxation rate on moist snuff to apply the increased OTP tax and eliminates the cigar tax cap of 50 cents per cigar.
Current Status:
3/3/21- Introduced and sent to House Ways and Means Committee (carried over to 2022)
Kansas Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Taxes
Bill Number:
HB2428
Proposal:
Increases the tax on cigarettes by $1.50 per pack and raises the excise tax on tobacco products an additional 44% of the wholesale sales price.
Current Status:
Carryover from 2021
Issue:
Flavor Ban
Bill Number:
HB2061
Proposal:
Prohibits the sale of flavored vapor products (exempts tobacco and menthol
Current Status:
Carryover from 2021
Kentucky Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Taxes
Bill Number:
HB190
Proposal:
Increases the surtax on cigarettes by $6.00 per pack (from $1.06 to $7.06 per pack). Increases the excise tax on snuff by $6.00 per 1.5 ounces (from 19 cents to $6.19 per 1.5 ounces). Increases the excise tax on chewing tobacco by $6.00 per each single unit (from 19 cents to $6.19 per single unit). Increases the excise tax on tobacco products by 70% of the actual price (from 15% to 85% of the actual price). Increases the excise tax on closed vapor cartridges by $6.00 per cartridge (from $1.50 to $7.50 per cartridge). Increases the excise tax on closed vaping systems by 70% of the actual price for which the distributor sells the product (from 15% to 85% of the actual price). Imposes a floor stock tax.
Current Status:
4/14/22 Failed on adjournment
Issue:
Taxes
Bill Number:
HB201
Proposal:
Increases taxes: cigarettes by $.50 per pack, snuff to $.51 per unit (1.5 oz), chewing tobacco to $.51 per single unit
$1.07 for half-pound unit
$1.73 for one-pound unit and tobacco products (including vapor products) to 40% of the distributor sales price; removes the discount for modified risk tobacco products; includes a floor tax
$1.07 for half-pound unit
$1.73 for one-pound unit and tobacco products (including vapor products) to 40% of the distributor sales price; removes the discount for modified risk tobacco products; includes a floor tax
Current Status:
4/14/22 Failed on adjournment
Issue:
Local Authority
Bill Number:
SB166
Proposal:
Permits a city, county, urban-county government, charter county government, consolidated local government, or unified local government to impose restrictions or requirements on the use, display, sale, or distribution of tobacco products or vapor products that are stricter than those imposed under state law.
Current Status:
4/14/22 Failed on adjournment
Maine Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Taxes
Bill Number:
LD1423 / H.P. 1039
Proposal:
Increases the cigarette tax from $2.00 per 20 pack to $4.00 per 20 pack. By law, the bill increases the tax on other tobacco products by the same percentage change as the increase in the tax on cigarettes. Amended to change the discount rate to 0.575% on tax stamps with face value of 200 mills
Amended—tax language removed
Amended—tax language removed
Current Status:
5/9/22 Placed in the Legislative File (DEAD)—legislature adjourned sine die
Issue:
Flavor Ban, Taxes
Bill Number:
LD1693 / H.P. 1258
Proposal:
Bans the sale of all flavored tobacco products (e. g. cigarettes, cigars, snuff, chew, END), increases the cigarette tax to $4.00 per 20 pack and eliminates the cigarette stamping discount to distributors. By law, the bill increases the tax on other tobacco products by the same percentage change as the increase in the tax on cigarettes
Current Status:
5/9/22 Placed in the Legislative File (DEAD)—legislature adjourned sine die
Issue:
Flavor Ban
Bill Number:
LD1550 / H.P. 1155
Proposal:
Prohibits the sale of all flavored tobacco products and ENDS (includes menthol products)
Current Status:
4/25/22 Status in House—“unfinished business” / House and Senate adjourned the regular session
5/9/22 Placed in the Legislative File (DEAD)—legislature adjourned sine die
5/9/22 Placed in the Legislative File (DEAD)—legislature adjourned sine die
Issue:
Taxes
Bill Number:
SB1813
Proposal:
Increases the tax on cigars by 80% of wholesale (to 120%); increases the tax on smoking tobacco by 90% of wholesale (to 130%); increases the tax on smokeless tobacco by 20% of wholesale (to 230%)
Current Status:
12/22/21 Heard in the Joint Committee on Revenue (carried over to 2022)
Issue:
Taxes
Bill Number:
HB2870 (same as SB1809)
Proposal:
Increases the cigarette tax to $4.01 per 20 pack (with floor tax) and increases the tax on cigars and smoking tobacco to 80% of the wholesale price
Current Status:
3/29/21 Referred to the Joint Committee on Revenue (carried over to 2022)
Issue:
Taxes
Bill Number:
SB1809 (same as HB2870)
Proposal:
Increases the cigarette tax to $4.01 per 20 pack (with floor tax) and increases the tax on cigars and smoking tobacco to 80% of the wholesale price
Current Status:
3/29/21 Referred to the Joint Committee on Revenue (carried over to 2022)
Issue:
Harm reduction
Bill Number:
HB2237
Proposal:
Relates to tobacco harm reduction—exempt from the flavor ban any tobacco product that receives an order from the US FDA
Current Status:
11/3/21 Joint Committee on Public Health hearing (carried over to 2022)
Issue:
Harm reduction
Bill Number:
SB2483
Proposal:
Relates to tobacco harm reduction—exempt from the flavor ban any tobacco product that receives an order from the US FDA
Current Status:
11/3/21 Joint Committee on Public Health hearing (carried over to 2022)
Issue:
Minimum pricing laws
Bill Number:
HB3711
Proposal:
Creates a commission to investigate Massachusetts’ minimum pricing laws (including those on cigarettes
Current Status:
11/8/21 Reported favorably from the Joint Committee on Consumer Protection and Professional Licensure (carried over to 2022)
Issue:
Menthol ban repeal
Bill Number:
HB2406 (same as SB1433)
Proposal:
Repeals the state menthol ban on tobacco products (except for electronic nicotine delivery systems
Current Status:
11/3/21 Joint Committee on Public Health hearing (carried over to 2022)
Issue:
Menthol ban repeal
Bill Number:
SB1433 (same as HB2406)
Proposal:
Repeals the state menthol ban on tobacco products (except for electronic nicotine delivery systems
Current Status:
2/14/22 Reported from the Joint Committee on Public Health—assigned to Study Order S2692
Issue:
Delay menthol ban
Bill Number:
SB1373
Proposal:
Relates to the ban of menthol tobacco—changes the effective date of the flavor ban from June 1, 2020 to “2022 or 12 months from the date of passage”
Current Status:
2/14/22 Reported from the Joint Committee on Public Health—assigned to Study Order S2692
Issue:
Sales restrictions
Bill Number:
SB1459 (same as HB2310)
Proposal:
Prohibits the sale of tobacco products except in an adult-only retail tobacco store or smoking bar (age restricted).
Current Status:
2/14/22 Reported from the Joint Committee on Public Health—assigned to Study Order S2692
Issue:
Sales restrictions
Bill Number:
HB2310 (same as SB1459)
Proposal:
Prohibits the sale of tobacco products except in an adult-only retail tobacco store or smoking bar (age restricted).
Current Status:
11/3/21 Joint Committee on Public Health hearing (carried over to 2022)
Issue:
Sales requirement
Bill Number:
SB1392 (same as HB2244)
Proposal:
Requires retailers that sell tobacco products to stock and offer for sale at least one nicotine replacement therapy, drug, device or combination product that has been approved by the FDA for tobacco cessation use
Current Status:
2/14/22 Reported from the Joint Committee on Public Health—assigned to Study Order S2692
Issue:
Sales requirement
Bill Number:
HB2244 (same as SB1392)
Proposal:
Requires retailers that sell tobacco products to stock and offer for sale at least one nicotine replacement therapy, drug, device or combination product that has been approved by the FDA for tobacco cessation use
Current Status:
11/3/21 Joint Committee on Public Health hearing (carried over to 2022)
Issue:
Limits BOH authority
Bill Number:
HB2287
Proposal:
Provides that local Boards of Health shall not have the power to ban the sale of legal tobacco products by authorized stores, establishments and any other entities legally allowed to sell tobacco in the Commonwealth and within the existing by-laws of the community, wholesale or retail, without receiving the approval of town meeting or city council to create such a by-law within the city or town.
Current Status:
5/10/21 Joint Committee on Public Health hearing (carried over to 2022
Issue:
Manufacturers’ issue
Bill Number:
HB2369
Proposal:
Relates to the sale of ENDS (defines illicit ENDS, requires manufacturers to deliver an attestation to the state AG certifying the manufacturer has applied for a PMTA or has a marketing order or other authorization from the FDA).
Current Status:
11/3/21 Joint Committee on Public Health hearing (carried over to 2022)
Maryland Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Local Authority
Bill Number:
S99 (same as HB477)
Proposal:
Authorizes a county or municipality to enact and enforce local laws to regulate the sale and distribution of cigarettes, other tobacco products and electronic smoking devices (excludes taxes and issuance of licenses)
Current Status:
1/27/22 Senate Finance Committee hearing
4/11/22 Legislature adjourned sine die—no carryover to 2023
4/11/22 Legislature adjourned sine die—no carryover to 2023
Issue:
Local Authority
Bill Number:
HB477 (same as S99)
Proposal:
Authorizes a county or municipality to enact and enforce local laws to regulate the sale and distribution of cigarettes, other tobacco products and electronic smoking devices (excludes taxes and issuance of licenses)
Current Status:
3/15/22 Withdrawn by the sponsor
Issue:
Local Authority (Baltimore City)
Bill Number:
SB249 (same as HB442)
Proposal:
Authorizes Baltimore City to enact and enforce local laws to regulate the sale and distribution of cigarettes, other tobacco products and electronic smoking devices (excludes taxes and issuance of licensees)
Current Status:
2/3/22 Hearing in the Senate Finance Committee
3/16/22 Withdrawn by sponsor
3/16/22 Withdrawn by sponsor
Issue:
Local Authority (Baltimore City)
Bill Number:
HB442 (same as SB249)
Proposal:
Authorizes Baltimore City to enact and enforce local laws to regulate the sale and distribution of cigarettes, other tobacco products and electronic smoking devices (excludes taxes and issuance of licensees)
Current Status:
3/2/22 Hearing in the House Economic Committee
3/8/22 Reported unfavorably
3/8/22 Reported unfavorably
Issue:
Licensing—Prince George’s County
Bill Number:
HB789
Proposal:
Provides that an applicant for a license to sell cigarettes and other tobacco products must affirm that the applicant does not hold an alcoholic beverage license to act as retail dealer and that the establishment from which cigarettes and other tobacco products are sold is not within one mile of another licensed establishment.
Current Status:
2/11/22 Hearing in the House Economic Matters Committee set for March 2
2/15/22 Hearing cancelled
2/21/22 Withdrawn from further consideration
2/15/22 Hearing cancelled
2/21/22 Withdrawn from further consideration
Issue:
Synthetic Nicotine
Bill Number:
HB1227
Proposal:
Adds synthetic nicotine to the definition of tobacco products
Current Status:
3/1/22 Withdrawn from further consideration
Issue:
Licensing—Prince George’s County
Bill Number:
HB1341
Proposal:
Authorizes Prince George’s County to regulate OTP and electronic smoking devices: limit the number of licenses; impose density restrictions; deny license applications for locations within 1500 ft of schools
Current Status:
3/2/22 Hearing in the House Economic Committee
3/8/22 Reported unfavorably
3/8/22 Reported unfavorably
Issue:
Manufacturers’ Issues and ENDS Sales and Advertising Limitations
Bill Number:
SB990
Proposal:
Relates to the sale of ENDS (defines illicit ENDS, requires manufacturers to deliver an attestation to the state ATC certifying the manufacturer has applied for a PMTA or has a marketing order or other authorization from the FDA); limits on the number of ESD products in a single purchase transaction; no self-service; advertising limitations (1,000 ft from schools and parks)
Current Status:
2/20/22 Introduced
3/21/22 Withdrawn by the sponsor
3/21/22 Withdrawn by the sponsor
Michigan Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Retail Provisions
Bill Number:
SB573
Proposal:
Prohibits any person who sells vapor products at retail from advertising a vapor product to a minor, sell or distribute a vapor product that does not contain a health warning on the package, give away free samples, or display an advertisement that is not accompanied with a health warning statement. Senate Bill 574 permits law enforcement for localities to conduct unannounced compliance checks for licensed tobacco retailers.
Current Status:
Carryover from 2021
Issue:
Retail Provisions
Bill Number:
SB574
Proposal:
Provides compliance checks for the sale of tobacco products, vapor products, or alternative nicotine products to minors and prescribes penalties
Current Status:
Carryover from 2021
Issue:
Licensing
Bill Number:
SB575
Proposal:
Requires that beginning January 1, 2022, any person selling tobacco products, vapor products, or alternative nicotine products at retail to be licensed; requires that beginning January 1, 2022, a person that manufacturers vapor products to be sold in the state must register those vapor products; and provides that beginning January 1, 2022, a person who sell tobacco products, vapor products, or alternative nicotine products at retail shall not sell a vapor product in this state unless the vapor product is registered with the state.
Current Status:
Carryover from 2021
Issue:
Taxes
Bill Number:
HB4114
Proposal:
Reduces the state cigarette tax to $1.00 per pack
Current Status:
Carryover from 2021
Issue:
Taxes
Bill Number:
HB4287
Proposal:
Beginning November 1, 2021 through October 31, 2022, the cigar tax may not exceed 65 cents per individual cigar. Beginning November 1, 2022, the cigar tax may not exceed 75 cents per individual cigar. Beginning January 1, 2022, for consumable materials, the tax imposed is 18% of the wholesale price. Beginning January 1, 2022, for alternative nicotine products, the tax imposed is 50 cents per ounce of alternative nicotine product on the basis of net weight of the alternative nicotine product as listed by the manufacturer.
Current Status:
Carryover from 2021
Issue:
Taxes
Bill Number:
SB572
Proposal:
Taxes consumable materials used in electronic smoking devices at the following rates: 18% of the wholesale price if the consumable materials are part of an open vapor system; $0.60 per milliliter if the consumable materials are contained in a closed system cartridge. SB572 also taxes alternative nicotine products at 50 cents per ounce based on the net weight of the alternative nicotine product as listed by the manufacturer. Finally, the bill places an excise tax cap on cigars at 65 cents per individual cigar beginning November 1, 2021 through October 31, 2022; and 75 cents per individual cigar beginning November 1, 2022.
Current Status:
Carryover from 2021
Issue:
Taxes
Bill Number:
SB720
Proposal:
As substituted, modifies the definition of “cigarette” for taxation and regulatory purposes to include both combusted and heated products; Provides that if a modified risk tobacco product order has been issued, the tax will be 50% of the otherwise applicable rate.
Current Status:
2/24/22-Substituted on House Floor; Passed House and moved to the Senate for concurrence
Minnesota Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Taxes
Bill Number:
HF1721
Proposal:
Increases the state cigarette tax by $1.50 per pack (with floor tax) and raises the excise tax on tobacco and vapor products from 95% to 97% of the wholesale price; increases the excise tax on premium cigars from the lesser of 95% of the wholesale price or 50 cents to 97% of the wholesale or $5.00 per cigar
Current Status:
3/10/21- Hearing held in Preventive Health Policy Division; approved and returned to Health Finance and Policy Committee (caried over to 2022)
Issue:
Taxes
Bill Number:
SF1774
Proposal:
Increases the state cigarette tax by $1.50 per pack (with floor tax) and raises the excise tax on tobacco and vapor products from 95% to 97% of the wholesale price; increases the excise tax on premium cigars from the lesser of 95% of the wholesale price or 50 cents to 97% of the wholesale or $5.00 per cigar
Current Status:
3/4/21- Introduced in the Senate; sent to Taxes Committee (carried over to 2022)
Issue:
Taxes
Bill Number:
HF2301
Proposal:
Increases the excise tax on cigarettes by $1.50 per pack (with floor tax); increases the excise tax on vapor products and other tobacco products by 2% of the cost to the consumer (from 95% to 97% of the cost to the consumer)
Current Status:
3/25/21- Introduced and referred to the Taxes Committee (carried over to 2022)
Issue:
Flavor Ban
Bill Number:
HF904
Proposal:
Prohibits the sale of all flavored tobacco products. (includes menthol, mint and wintergreen).
Current Status:
2/17/21- Hearing held in Preventative Health Policy Division; approved and returned to the Health Finance and Policy Committee (carried over to 2022)
Issue:
Flavor Ban
Bill Number:
SF1271
Proposal:
Prohibits the sale of all flavored tobacco products. (includes menthol, mint and wintergreen).
Current Status:
2/22/21- Introduced in Senate and referred to Health and Human Services Finance and Policy Committee (carried over to 2022)
Mississippi Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Taxes
Bill Number:
SB2062
Proposal:
Defines the terms electronic smoking device and tobacco product for purposes of including electronic smoking devices in the 15% excise tax on tobacco products other than cigarettes.
Current Status:
2/23/22-Died in Committee
Issue:
Taxes
Bill Number:
HB892
Proposal:
Taxes cigars, cheroots, stogies, snuff, chewing and smoking tobacco and all other tobacco products except cigarettes at the rat of 22.5% of the manufacturer’s list price
Current Status:
2/23/22-Died in Committee
Issue:
Taxes
Bill Number:
HB1096
Proposal:
Increases the tax on cigarettes by 50 cents per pack.
Current Status:
2/23/22-Died in Committee
Missouri Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Sales Restriction
Bill Number:
HB2280
Proposal:
Prohibits the distribution or sale of novelty lighters
Current Status:
1/5/22 Introduced
5/13/22 Referred to the House General Laws Committee
5/13/22 Referred to the House General Laws Committee
Issue:
Local Taxes
Bill Number:
HB2467
Proposal:
Allows any political subdivision to increase the tax on cigarettes and tobacco products subject to the approval of a majority of qualified voters.
Current Status:
1/18/22 Introduced
5/13/22 Referred to the House General Laws Committee
5/13/22 Referred to the House General Laws Committee
Issue:
Reporting
Bill Number:
HB2659
Proposal:
Requires sellers of tobacco products, alternative nicotine products and vapor products to report additional information to the Division of Alcohol and Tobacco Control
Current Status:
2/8/22 Introduced
5/13/22 Referred to the House General Laws Committee
5/13/22 Referred to the House General Laws Committee
Issue:
Preemption
Bill Number:
HB2463 (similar to SB1158)
Proposal:
Authorizes the state to preempt the field regulating the sale of tobacco products, alternative nicotine products and vapor products.
Current Status:
2/18/22 Introduced
5/13/22 Referred to the House General Laws Committee
5/13/22 Referred to the House General Laws Committee
Issue:
Preemption
Bill Number:
SB1158 (similar to HB2463)
Proposal:
Authorizes the state to preempt the field regulating the sale of tobacco products, alternative nicotine products and vapor products.
Current Status:
3/30/22 Hearing in the Senate Seniors, Families, Veterans & Military Affairs Committee
Issue:
Taxes
Bill Number:
HB2868
Proposal:
Increases the cigarette tax by $.10 per pack (subject to voter approval)
Current Status:
3/1/22 Introduced
5/13/22 Referred to the House Budget Committee
5/13/22 Referred to the House Budget Committee
Nebraska Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Preemption
Bill Number:
LB954
Proposal:
Prohibits a county or municipality from adopting an ordinance or resolution more restrictive than the Nebraska Clean Indoor Air Act, including prohibiting flavored vapor products.
Current Status:
Failed due to adjournment
Issue:
Taxes
Bill Number:
LB459
Proposal:
Increases the tax on cigarettes by $1.50 per pack and imposes the OTP tax rate of 20% of the wholesale price on vapor products
Current Status:
Failed due to adjournment
Issue:
Taxes
Bill Number:
LB655
Proposal:
Caps the tax on premium cigars at $.50 per cigar
Current Status:
Failed due to adjournment
New Hampshire Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Modified Risk Products
Bill Number:
SB314
Proposal:
Reduces the state excise tax on modified risk tobacco products
Current Status:
2/24/22 Referred for interim study
Issue:
Licensing Fees
Bill Number:
HB591
Proposal:
Establishes retail tobacco license fees—including for e-cigarettes: Amended to change fee amounts:
$216 (one register); $408 (2-3 registers); $648 (4 or more registers)—alcoholic beverage licensees may apply for a retail tobacco license for an additional annual fee of $6.00 per location
$216 (one register); $408 (2-3 registers); $648 (4 or more registers)—alcoholic beverage licensees may apply for a retail tobacco license for an additional annual fee of $6.00 per location
Current Status:
5/12/22 House concurred in Senate amendments
New Jersey Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Menthol Cigarette Ban
Bill Number:
S299
Proposal:
Prohibits the sale of menthol cigarettes
Current Status:
1/11/22 Introduced and referred to the Senate Health, Human Services and Senior Citizens Committee
Issue:
Nicotine Replacement Therapy
Bill Number:
A6020
Proposal:
Requires tobacco products retailers (excludes cigar shops) to carry and offer for sale at least one nicotine replacement therapy, drug, device or combination product that has been approved by the FDA for tobacco cessation use
Current Status:
1/10/22 Passed the Senate without reference
1/18/22 Signed by the Governor--enacted
1/18/22 Signed by the Governor--enacted
Issue:
Cigar Tax Cap
Bill Number:
A879 (same as S1775)
Proposal:
Limits the taxation of cigars under the Tobacco and Vapor Products Tax Act to a maximum of $.50 per cigar
Current Status:
1/11/22 Introduced and referred to the Assembly Health Committee
Issue:
Cigar Tax Cap
Bill Number:
S1775 (same as A879)
Proposal:
Limits the taxation of cigars under the Tobacco and Vapor Products Tax Act to a maximum of $.50 per cigar
Current Status:
2/28/22 Introduced and referred to the Senate Health, Human Services and Senior Citizens Committee
Issue:
Flavor Ban
Bill Number:
A1989 (same as S2667)
Proposal:
Prohibits the sale of menthol cigarettes and flavored electronic smoking devices and related products
Current Status:
1/11/22 Introduced and referred to the Assembly Health Committee
Issue:
Pharmacy Ban
Bill Number:
S305 (same as A2572)
Proposal:
Prohibits the sale of tobacco products and electronic smoking devices at pharmacies.
Current Status:
1/11/22 Introduced and referred to the Senate Health, Human Services and Senior Citizens Committee
Issue:
Pharmacy Ban
Bill Number:
A2572 (same as SB305)
Proposal:
Prohibits the sale of tobacco products and electronic smoking devices at pharmacies.
Current Status:
2/14/22 Introduced and referred to the Assembly Committee on Health
Issue:
Retail Requirement
Bill Number:
A2025
Proposal:
Requires tobacco products retailers (excludes cigar shops) to carry and offer for sale at least one nicotine replacement therapy, drug, device or combination product that has been approved by the FDA for tobacco cessation use
Current Status:
1/11/22 Introduced and referred to the Assembly Health Committee
Issue:
Retail Restrictions
Bill Number:
S1039 (same as A2797)
Proposal:
Revises the requirements for the sale of tobacco and vapor products; increases penalties for prohibited sales; increases fee for cigarette and vapor business licensure; prohibits the sale of vaping liquid with a nicotine content greater than 2%
Current Status:
1/31/22 Introduced and referred to the Senate Health, Human Services and Senior Citizens Committee
Issue:
Retail Restrictions
Bill Number:
A2797 (same as S1039)
Proposal:
Revises the requirements for the sale of tobacco and vapor products; increases penalties for prohibited sales; increases fee for cigarette and vapor business licensure; prohibits the sale of vaping liquid with a nicotine content greater than 2%
Current Status:
2/28/22 Introduced and referred to the Assembly Committee on Health
Issue:
Taxes
Bill Number:
S1841
Proposal:
Increases the tax rate on certain tobacco products (from 30% to 90% of wholesale) to be on par with the tax rate imposed on cigarettes (excludes moist snuff and liquid nicotine); increases the tax on moist snuff from $.75 to $2.25 per ounce; includes a floor tax.
Current Status:
2/28/22 Introduced
Issue:
Flavor Ban--Vape
Bill Number:
S2667 (same as A1989)
Proposal:
Prohibits the sale of flavored electronic smoking devices and related products.
Current Status:
5/16/22 Introduced and referred to the Senate Committee on Health, Human Services and Senior Citizens
New Mexico Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Taxes
Bill Number:
HB33
Proposal:
Increases the tax on cigarettes by $2.00 per pack; increases the OTP tax to 77% of the product value; increases the tax on e-liquid to 77% of the product value; increases the tax on closed system cartridges to $3.32 per cartridge.
Current Status:
2/17/22-Failed due to adjournment
Issue:
Taxes
Bill Number:
SB49
Proposal:
Increases the tax on cigarettes by $1.00 per pack, increases the OTP tax (includes nicotine products, regardless of the source of nicotine) to 60% of the product value, increases the tax on e-liquid to 60% of the product value, and increases the tax on closed system cartridges to $2.40 per cartridge.
Current Status:
2/17/22-Failed due to adjournment
Issue:
Taxes
Bill Number:
SB142
Proposal:
Imposes a tax on “fine cigars“ at the rate of 10% of the product value, not to exceed 10 cents per cigar. “Fine Cigar“ is defined as a roll of tobacco that is wrapped in one hundred percent natural leaf tobacco.
Current Status:
2/17/22-Failed due to adjournment
New York Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Flavor Ban
Bill Number:
S84 (same as A3499)
Proposal:
Prohibits the sale and distribution of flavored tobacco products and accessories (includes menthol)
Current Status:
1/5/22 Referred to the Senate Committee on Health (carried over to 2022
Issue:
Flavor Ban
Bill Number:
A3499 (same as S84)
Proposal:
Prohibits the sale and distribution of flavored tobacco products and accessories (includes menthol)
Current Status:
1/5/22 Referred to the Assembly Committee on Health (carried over to 2022
Issue:
E-cigarette Restrictions
Bill Number:
S174 (same as A332)
Proposal:
Prohibits the sale of an e-liquid used to refill an electronic cigarette or cartridge (does not apply to cartridges filled and sealed by the manufacturer).
Current Status:
1/5/22 Referred to the Senate Committee on Health (carried over to 2022)
Issue:
E-cigarette Restrictions
Bill Number:
A332 (same as S174)
Proposal:
Prohibits the sale of an e-liquid used to refill an electronic cigarette or cartridge (does not apply to cartridges filled and sealed by the manufacturer).
Current Status:
1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)
Issue:
Advertisement Restrictions
Bill Number:
S383
Proposal:
Prohibits the advertisement of “smoking paraphernalia or tobacco product, electronic cigarettes or vapor products” within 500 feet of schools and parks.
Current Status:
4/7/22 Amended and recommitted to the Senate Committee on Consumer Protection
Issue:
E-cigarette Restrictions
Bill Number:
S778 (same as A6989)
Proposal:
Provides for restrictions on advertisement and promotion of electronic cigarettes--addresses research and misrepresentation of electronic cigarettes
Current Status:
3/2/22 Passed the Senate—referred to the Assembly Committee on Consumer Affairs and Protection
Issue:
Sales Restrictions
Bill Number:
S1021 (same as A1887)
Proposal:
Prohibits the sale of flavored smokeless tobacco within 500 feet of a public or private school
Current Status:
1/5/22 Referred to the Senate Committee on Health (carried over to 2022)
Issue:
Sales Restrictions
Bill Number:
A1887 (same as S1021)
Proposal:
Prohibits the sale of flavored smokeless tobacco within 500 feet of a public or private school
Current Status:
5/10/22 Reported favorably from the Assembly Committee on Health—referred to the Assembly Committee on Codes
Issue:
Sales Restrictions
Bill Number:
S1278 (same as A4308)
Proposal:
Prohibits the sale of cigarettes with single-use filters and single-use electronic cigarettes
Current Status:
1/5/22 Referred to the Senate Committee on Health (carried over to 2022)
Issue:
Sales Restrictions
Bill Number:
A4308 (same as S1278)
Proposal:
Prohibits the sale of cigarettes with single-use filters and single-use electronic cigarettes
Current Status:
1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)
Issue:
Taxes
Bill Number:
S1167-A (same as A10016)
Proposal:
Changes the minimum pack size and tax rates for tobacco products: loose tobacco (includes pipe tobacco) minimum pack of .65 ounce taxed at the higher of 95% of wholesale or the same as a pack of cigarettes; cigars minimum 5 pack taxed at the higher of 95% of wholesale or the same as a pack of cigarettes; single-unit tobacco taxed at the higher of 95% of wholesale or the same as a pack of cigarettes; moist snuff minimum pack of 1 ounce taxed at the higher of 95% of wholesale or $3.63 per ounce
Current Status:
1/5/22 Referred to the Senate Committee on Health (carried over to 2022)
4/19/22 Amended and recommitted to the Senate Committee on Health
4/19/22 Amended and recommitted to the Senate Committee on Health
Issue:
Taxes
Bill Number:
A10016 (same as S1167-A)
Proposal:
Changes the minimum pack size and tax rates for tobacco products: loose tobacco (includes pipe tobacco) minimum pack of .65 ounce taxed at the higher of 95% of wholesale or the same as a pack of cigarettes; cigars minimum 5 pack taxed at the higher of 95% of wholesale or the same as a pack of cigarettes; single-unit tobacco taxed at the higher of 95% of wholesale or the same as a pack of cigarettes; moist snuff minimum pack of 1 ounce taxed at the higher of 95% of wholesale or $3.63 per ounce
Current Status:
4/29/22 Introduced and referred to the Assembly Committee on Health
Issue:
Taxes
Bill Number:
S1563 (same as A2609)
Proposal:
Increases the tax on vapor products to 41% of retail (currently 20%); requires sellers of e-liquid to be in compliance with packaging requirements for e-liquid products.
Current Status:
1/5/22 Referred to the Senate Committee on Consumer Protection (carried over to 2022)
Issue:
Taxes
Bill Number:
A2609 (same as S1563)
Proposal:
Increases the tax on vapor products to 41% of retail (currently 20%); requires sellers of e-liquid to be in compliance with packaging requirements for e-liquid products.
Current Status:
1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)
Issue:
Taxes
Bill Number:
S2753 (same as A678)
Proposal:
Increases the OTP tax from 75% to 129% (including snuff) and increases the tax on the retail sale of vapor products from 20% to 48%
Current Status:
1/5/22 Referred to the Senate Committee on Budget and Revenues (carried over to 2022)
Issue:
Taxes
Bill Number:
A678 (same as S2753)
Proposal:
Increases the OTP tax from 75% to 129% (including snuff) and increases the tax on the retail sale of vapor products from 20% to 48%
Current Status:
1/5/22 Referred to the Assembly Committee on Ways and Means (carried over to 2022)
Issue:
Taxes
Bill Number:
S3045 (same as A3514)
Proposal:
Provides for the taxation of electronic cigarette cartridges as tobacco products
Current Status:
1/5/22 Referred to the Senate Committee on Budget and Revenues (carried over to 2022)
Issue:
Taxes
Bill Number:
A3514 (same as S3045)
Proposal:
Provides for the taxation of electronic cigarette cartridges as tobacco products
Current Status:
1/5/22 Referred to the Assembly Committee on Ways and Means (carried over to 2022)
Issue:
Taxes
Bill Number:
S3544 (same as A683)
Proposal:
Increases the cigarette tax to $6.24 per twenty pack (currently $4.35
Current Status:
1/5/22 Referred to the Senate Committee on Budget and Revenues (carried over to 2022)
Issue:
Taxes
Bill Number:
A683 (same as S3544)
Proposal:
Increases the cigarette tax to $6.24 per twenty pack (currently $4.35
Current Status:
1/5/22 Referred to the Assembly Committee on Ways and Means (carried over to 2022)
Issue:
Taxes
Bill Number:
S4820
Proposal:
Provides that the tax on cigars and premium cigars to be 75% of wholesale or $.50 per cigar, whichever is less
Current Status:
1/5/22 Referred to the Senate Committee on Budget and Revenues (carried over to 2022)
Issue:
Taxes
Bill Number:
S6741 (same as A8156)
Proposal:
Provides that the tax on premium cigars to be 75% of wholesale or $.50 per cigar, whichever is less
Current Status:
3/7/22 Amended and recommitted to the Senate Committee on Budget and Revenue
Issue:
Taxes
Bill Number:
A8156 (same as S6741)
Proposal:
Provides that the tax on premium cigars to be 75% of wholesale or $.50 per cigar, whichever is less
Current Status:
2/11/22 Amended and recommitted to the Assembly Committee on Ways and Means
Issue:
Tax Stamps
Bill Number:
A1432
Proposal:
Amends the tax law to require tax stamps to be 2x2 inches, contain a color graphic depicting an adverse effect of cigarette use, and a toll-free telephone number for information on smoking cessation
Current Status:
1/5/22 Referred to the Assembly Committee on Ways and Means (carried over o 2022)
Issue:
Sales to Minors
Bill Number:
S3872
Proposal:
Requires that a business shown to have sold a tobacco product to a minor to close pending the completion of an investigation; provides for the Commissioner of Taxation and Finance to revoke the dealer’s registration for a period not less than five years if the business is found to have sold a tobacco product to a minor
Current Status:
1/5/22 Referred to the Senate Committee on Health (carried over to 2022)
Issue:
Sales Restrictions
Bill Number:
S3904 (same as A5700)
Proposal:
Requires electronic cigarettes and e-liquid products be sold in separate specific locations where only persons age 21 or older are allowed to enter
Current Status:
1/5/22 Referred to the Senate Committee on Health (carried over to 2022)
Issue:
Sales Restrictions
Bill Number:
A5700 (same as S3904)
Proposal:
Requires electronic cigarettes and e-liquid products be sold in separate specific locations where only persons age 21 or older are allowed to enter
Current Status:
1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)
Issue:
Coupon Restrictions
Bill Number:
S4171
Proposal:
Prohibits the use of coupons or use of a price reduction instrument to lower the price of certain tobacco products
Current Status:
1/5/22 Referred to the Senate Committee on Health (carried over to 2022)
Issue:
Flavor Ban
Bill Number:
S5098
Proposal:
Prohibits the sale of flavored self-contained, disposable vapor products
Current Status:
1/5/22 Referred to the Senate Committee on Health (carried over to 2022)
Issue:
Minimum Mark Up
Bill Number:
A3547
Proposal:
Increases the presumed “cost of the agent” for purposes of cigarette marketing and establishes the cigarette tax enforcement fund
Current Status:
1/5/22 Referred to the Assembly Committee on Ways and Means (carried over o 2022)
Issue:
Advertising Restrictions
Bill Number:
S3144
Proposal:
Prohibits advertising for tobacco products within 500 feet of a public or private school.
Current Status:
1/5/22 Referred to the Senate Committee on Health (carried over to 2022)
Issue:
Advertising Restrictions
Bill Number:
A4544
Proposal:
Restricts the public display of tobacco products and electronic cigarette advertisements and smoking paraphernalia near public libraries
Current Status:
1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)
Issue:
E-cigarette Requirement
Bill Number:
A166
Proposal:
Requires companies that sell electronic cigarettes to disclose their online advertising expenditures from the previous fiscal year
Current Status:
1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)
Issue:
E-cigarette Requirement
Bill Number:
A206
Proposal:
Requires electronic cigarette packaging to include a warning that the product may pose an explosion hazard
Current Status:
1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)
Issue:
E-cigarette Requirement
Bill Number:
S1732
Proposal:
Requires electronic cigarette packaging to include a warning that the product may pose an explosion hazard
Current Status:
1/5/22 Referred to the Senate Committee on Health (carried over to 2022)
Issue:
E-cigarette Restrictions
Bill Number:
A637 (same as S5106)
Proposal:
Prohibits the sale of electronic cigarettes that contain certain toxic metals, requires the DOH to establish a list of prohibited toxic metals and requires the DOH to study the long-term effects of using electronic cigarette
Current Status:
1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)
Issue:
E-cigarette Restrictions
Bill Number:
S5106 (same as A637)
Proposal:
Prohibits the sale of electronic cigarettes that contain certain toxic metals, requires the DOH to establish a list of prohibited toxic metals and requires the DOH to study the long-term effects of using electronic cigarette
Current Status:
1/5/22 Referred to the Senate Committee on Health (carried over to 2022)
Issue:
Nicotine Restrictions
Bill Number:
A646
Proposal:
Requires the DOH to establish nicotine levels for electronic cigarettes and e-liquids which automatically taper in nicotine strength in amounts and at certain time intervals; further requires manufacturers to only manufacture or sell in the state any electronic cigarette or e-liquid unless such product automatically tapers in strength and in amounts and at certain time intervals as determined by the DOH
Current Status:
1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)
Issue:
E-cigarette Restrictions
Bill Number:
A647
A647
Proposal:
Provides that every package containing an electronic cigarette and the electronic cigarette itself sold or offered for sale shall be designed by the DOH and such package shall include printed thereon or attached thereto a health warning and disclaimer label designed by the DOH
Current Status:
1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)
Issue:
E-cigarette Restrictions
Bill Number:
A649
Proposal:
Prohibits the sale or distribution of electronic cigarettes lacking FDA premarket order of approval
Current Status:
1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)
Issue:
E-cigarette Restrictions
Bill Number:
A668
Proposal:
Requires a prescription from a licensed physician in order to obtain an electronic cigarette; electronic cigarettes may only be made available by an individual or entity licensed and registered to operate as a pharmacy
Current Status:
1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)
Issue:
E-cigarette Restrictions
Bill Number:
A671
Proposal:
Prohibits the use of toxic metals in electronic cigarettes, requires disclosure of the materials used in the hardware of electronic cigarettes and requires the DOH to study the long-term effects of electronic cigarette users
Current Status:
1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)
Issue:
E-cigarette Restrictions
Bill Number:
A6544 (same as S6376)
Proposal:
Requires distributors and manufacturers of vapor products to obtain permits, prohibits the sale of illicit vapor products (as defined) and creates a vapor product directory
Current Status:
1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)
Issue:
E-cigarette Restrictions
Bill Number:
S6376 (same as A6544)
Proposal:
Requires distributors and manufacturers of vapor products to obtain permits, prohibits the sale of illicit vapor products (as defined) and creates a vapor product directory
Current Status:
1/5/22 Referred to the Senate Committee on Health (carried over to 2022)
Issue:
E-cigarette Restrictions
Bill Number:
A8884
Proposal:
Requires electronic cigarette manufacturers to submit plans for the collection, transportation and recycling of electronic cigarettes to the Commissioner of Environmental Conservation. Requires manufacturers to accept the return of electronic cigarettes for recycling; requires vapor product dealers to accept the return of used electronic cigarettes for recycling.
Current Status:
1/19/22 Introduced and referred to the Committee on Environmental Conservation
Issue:
Flavor Ban
Bill Number:
A679
Proposal:
Prohibits the sale of flavored nicotine pouches
Current Status:
1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)
Issue:
Flavor Ban
Bill Number:
A4374
Proposal:
Prohibits the sale and distribution of flavored tobacco products and accessories (excludes menthol, mint and wintergreen)
Current Status:
1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)
Issue:
PMTA Exemption
Bill Number:
A6342
Proposal:
Repeals the exemption for flavored vapor products authorized by the FDA to be legally marketed and that has received a premarket review approval order
Current Status:
1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)
Issue:
Increased Penalties
Bill Number:
A3513
Proposal:
Increases penalties for certain violations relating to the sale of cigarettes and tobacco products
Current Status:
1/5/22 Referred to the Assembly Committee on Economic Development (carried over to 2022)
Issue:
Tax Stamps
Bill Number:
A7257
Proposal:
Requires the use of color-shifting dyes, unique serial numbers, tamper-evident surface cuts and stamp
meter impressions that can be read by scanning devices on cigarette tax stamps to prevent counterfeiting
meter impressions that can be read by scanning devices on cigarette tax stamps to prevent counterfeiting
Current Status:
1/5/22 Referred to the Assembly Committee on Ways and Means (carried over o 2022)6741
Issue:
Miscellaneous—Tobacco Control
Bill Number:
A10408
Proposal:
Establishes the tobacco, nicotine and vaping law which places certain current and new provisions relating to tobacco, nicotine and vaping under a new chapter of laws; establishes the adult use substances authority which shall have authority over the state liquor authority, cannabis control board and the tobacco, nicotine and vaping authority; establishes the tobacco and vapor product use prevention and control program and the electronic cigarette and vaping prevention, awareness and control program
Current Status:
5//13/22 Introduced and referred to the Assembly Committee on Corporation, Authorities and Commissions
Oklahoma Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Taxes
Bill Number:
HB1054
Proposal:
Taxes electronic smoking devices at the rate of 44% of the wholesale price. The term “electronic smoking device” includes any substance intended to be aerosolized or vaporized during the use of such devices, whether or not the substance contains nicotine.
Current Status:
Carryover from 2021
Issue:
Taxes
Bill Number:
HB2876
Proposal:
As amended, Imposes a tax on e-liquid at the rate of $.10 per milliliter.
Current Status:
Carryover from 2021
Issue:
Taxes/Preemption
Bill Number:
HB3314
Proposal:
Includes vapor products in the definition of “tobacco products” for taxation purposes and revises existing preemption provisions.
Current Status:
2/7/22-Introduced
2/8/22-Referred to the House Rules Committee
2/8/22-Referred to the House Rules Committee
Issue:
Preemption
Bill Number:
HB1893
Proposal:
Repeals state preemption and allows local jurisdictions to adopt rules, ordinances, and regulations pertaining to tobacco products that are stricter than state law.
Current Status:
Carryover from 2021
Issue:
Licensing
Bill Number:
HB3094
Proposal:
Requires any retailer, distributor, or wholesaler that sells electronic cigarettes to have a license to sell such products from the ABLE Commission.
Current Status:
2/7/22-Introduced
2/8/22-Referred to the House Rules Committee
2/8/22-Referred to the House Rules Committee
Rhode Island Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Flavor Ban (ENDS)
Bill Number:
S2117
Proposal:
Prohibits the sale of any flavored electronic nicotine delivery system (includes menthol).
Current Status:
5/17/22 Hearing in the Senate Committee on the Judiciary—recommended be held for further study
Issue:
Flavor Ban (ENDS)
Bill Number:
H7869
Proposal:
Prohibits the sale of any flavored electronic nicotine delivery system (except menthol and products receiving a marketing order from the FDA).
Current Status:
3/4/22 Introduced and referred to the House Committee on Health and Human Services
3/28/22 Pulled from the March 29th committee hearing agenda—postponed at the sponsor’s request
4/5/22 committee meeting—recommended measure to be held for further study
3/28/22 Pulled from the March 29th committee hearing agenda—postponed at the sponsor’s request
4/5/22 committee meeting—recommended measure to be held for further study
Issue:
Flavor Ban (Tobacco Products and ENDS)
Bill Number:
H7870
Proposal:
Prohibits the sale of flavored tobacco products and ENDS (includes menthol)
Current Status:
3/4/22 Introduced and referred to the House Committee on Health and Human Services
3/28/22 Pulled from the March 29th committee hearing agenda—postponed at the sponsor’s request
4/5/22 committee meeting—recommended measure to be held for further study
3/28/22 Pulled from the March 29th committee hearing agenda—postponed at the sponsor’s request
4/5/22 committee meeting—recommended measure to be held for further study
Issue:
Flavor Ban (ENDS)
Bill Number:
H7871
Proposal:
Prohibits the sale of any flavored electronic nicotine delivery system (includes menthol).
Current Status:
3/4/22 Introduced and referred to the House Committee on Health and Human Services
3/28/22 Pulled from the March 29th committee hearing agenda—postponed at the sponsor’s request
4/5/22 committee meeting—measure recommended to be held for further study
3/28/22 Pulled from the March 29th committee hearing agenda—postponed at the sponsor’s request
4/5/22 committee meeting—measure recommended to be held for further study
Issue:
Flavor Ban (Tobacco Products and ENDS)
Bill Number:
H7881
Proposal:
Prohibits the sale of flavored tobacco products and ENDS (includes menthol)
Current Status:
3/4/22 Introduced and referred to the House Committee on Health and Human Services
3/28/22 Pulled from the March 29th committee hearing agenda—postponed at the sponsor’s request
4/5/22 committee meeting—measure recommended to be held for further study
3/28/22 Pulled from the March 29th committee hearing agenda—postponed at the sponsor’s request
4/5/22 committee meeting—measure recommended to be held for further study
Issue:
Pharmacy Ban
Bill Number:
H7805
Proposal:
Prohibits the sale of tobacco products in pharmacies
Current Status:
3/4/22 Introduced and referred to the House Committee on Health and Human Services
3/29/22 Committee hearing—recommended measure to be held for further study
3/29/22 Committee hearing—recommended measure to be held for further study
Issue:
Local Authority
Bill Number:
H7725
Proposal:
Allows cities and towns to create ordinances to regulate the use and sales of cigarettes, other tobacco products and electronic nicotine delivery systems.
Current Status:
3/2/22 Introduced and referred to the House Committee on Municipal Government and Housing
3/16/22 Pulled from the committee hearing agenda—postponed at the sponsor’s request
4/12/22 Committee hearing— recommended measure to be held for further study
3/16/22 Pulled from the committee hearing agenda—postponed at the sponsor’s request
4/12/22 Committee hearing— recommended measure to be held for further study
Issue:
Local Authority
Bill Number:
S2658
Proposal:
Allows cities and towns to create ordinances to regulate the use and sales of cigarettes, other tobacco products and electronic nicotine delivery systems.
Current Status:
5/17/22 Hearing in the Senate Committee on the Judiciary—recommended to held for further study
South Carolina Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Local Preemption
Bill Number:
H3681 (similar to S498)
Proposal:
Prohibits political subdivisions from enacting any laws, ordinances, or rules pertaining to ingredients, flavors, or licensing of cigarettes, electronic smoking devices, e-liquid, vapor products, tobacco products, or alternative nicotine products; and provides that such laws, ordinances, and rules enacted by a political subdivision prior to December 31, 2020, are not subject to the preemption imposed by this act.
Current Status:
Passed the House and the Senate Committee on Medical Affairs in 2021 (carried over to 2022)
Issue:
Local Preemption
Bill Number:
S498 (similar to H3681)
Proposal:
Prohibits political subdivisions from enacting any laws, ordinances, or rules pertaining to ingredients, flavors, or licensing of cigarettes, electronic smoking devices, e-liquid, vapor products, tobacco products, or alternative nicotine products; and provides that such laws, ordinances, and rules enacted by a political subdivision prior to December 31, 2020, are not subject to the preemption imposed by this act.
Current Status:
1/28/21 Introduced and referred to the Senate Medical Affairs Committee (carried over to 2022)
Tennessee Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Vapor Tax and Licensing
Bill Number:
HB113 (same as SB1279)
Proposal:
Creates an annual retail tobacco license and establishes a tax on closed-system vapor products at $0.05 per milliliter and on open-system vapor products at 5% of the wholesale price
Current Status:
Carried over to 2022
Issue:
Vapor Tax and Licensing
Bill Number:
SB1279 (same as HB113)
Proposal:
Creates an annual retail tobacco license and establishes a tax on closed-system vapor products at $0.05 per milliliter and on open-system vapor products at 5% of the wholesale price
Current Status:
Carried over to 2022
Issue:
Cigarette Minimum Pricing
Bill Number:
HB1014 (same as SB985)
Proposal:
Amends current code to make it a violation for a retailer, tobacco distributor or other person to advertise, offer to sell or sell cigarettes for less than an amount set by the Department of Revenue
Current Status:
Carried over to 2022
Issue:
Cigarette Minimum Pricing
Bill Number:
SB985 (same as HB1014)
Proposal:
Amends current code to make it a violation for a retailer, tobacco distributor or other person to advertise, offer to sell or sell cigarettes for less than an amount set by the Department of Revenue
Current Status:
Carried over to 2022
Utah Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Taxes
Bill Number:
HB34
Proposal:
Modifies the definition of “cigarette” for taxation and regulatory purposes to include both combusted and heated products
Current Status:
3/24/22-signed by Governor
Issue:
Nicotine content
Bill Number:
SB130
Proposal:
Exempts e-cigarette products receiving FDA marketing authorization from nicotine content limitations
Current Status:
3/1/22-died by rule
Issue:
Remote Sellers
Bill Number:
HB492
Proposal:
Authorizes telephone, mail, and Internet orders of cigars and pipe tobacco
Current Status:
3/2/22-introduced
3/4/22-died on adjournment
3/4/22-died on adjournment
Vermont Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Taxes
Bill Number:
H105
Proposal:
Increases the tax on cigarettes by $1.00 per pack to $4.08 (includes RYO) with corresponding increases snuff (to $3.40 per ounce. or fractional part thereof) and new smokeless tobacco (greater of $3.40 per ounce or $4.08 in packages less than 1.2 ounces); floor tax
Current Status:
5/12/22 Failed on adjournment
Issue:
Flavor Ban
Bill Number:
S24
Proposal:
Prohibits the sale of flavored tobacco products (including menthol cigarettes), flavored e-liquids and flavored tobacco substitutes. The bill also directs the Office of the Attorney General to report on the extent to which Vermont may legally restrict advertising and regulate labels of e-cigarettes and other vaping-related products.
Current Status:
5/12/22 Failed on adjournment
Issue:
Flavor Ban
Bill Number:
H141
Proposal:
Prohibits the sale of flavored tobacco products (including menthol cigarettes), flavored e-liquids and flavored tobacco substitutes. The bill also directs the Office of the Attorney General to report on the extent to which Vermont may legally restrict advertising and regulate labels of e-cigarettes and other vaping-related products
Current Status:
5/12/22 Failed on adjournment
Issue:
Sales Restrictions
Bill Number:
H602
Proposal:
Prohibits the sale of tobacco products, including cigarettes, utilizing single-use filters.
Current Status:
5/12/22 Failed on adjournment
Virginia Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Local Cigarette Taxes
Bill Number:
SB25 (same as HB1076)
Proposal:
Requires any locality that increases its tax rate on cigarettes to allow a person with unsold inventory to pay the tax increase on the unsold inventory by filing a return for one calendar year after the tax increase; defines “unsold inventory“ for the purposes of this provision to mean cigarettes held prior to the tax rate increase
Current Status:
3/13/22 Regular session adjourned
4/8/22 Signed by the Governor
4/8/22 Signed by the Governor
Issue:
Local Cigarette Taxes
Bill Number:
HB1076 (same as SB25)
Proposal:
Requires any locality that increases its tax rate on cigarettes to allow a person with unsold inventory to pay the tax increase on the unsold inventory by filing a return for one calendar year after the tax increase; defines “unsold inventory“ for the purposes of this provision to mean cigarettes held prior to the tax rate increase
Current Status:
3/13/22 Regular session adjourned
4/8/22 Signed by the Governor
4/8/22 Signed by the Governor
Issue:
Remote Sellers—OTP Taxes
Bill Number:
HB1199 (same as SB748)
Proposal:
Addresses remote sellers regarding taxation, licensing and record keeping; would lower OTP tax rates
Current Status:
3/13/22 Regular session adjourned
4/11/12 Returned to the House with the Governor’s recommendation
4/27/22 House and Senate concurred in the Governor’s recommendations—bill enacted
4/11/12 Returned to the House with the Governor’s recommendation
4/27/22 House and Senate concurred in the Governor’s recommendations—bill enacted
Issue:
Remote Sellers—OTP Taxes
Bill Number:
SB748 (same as HB1199)
Proposal:
Addresses remote sellers regarding taxation, licensing and record keeping; would lower OTP tax rates
Current Status:
3/11/22 Sent to the Governor
3/13/22 Regular session adjourned
4/11/12 Returned to the Senate with the Governor’s recommendation
4/27/22 House and Senate concurred in the Governor’s recommendations—bill enacted
3/13/22 Regular session adjourned
4/11/12 Returned to the Senate with the Governor’s recommendation
4/27/22 House and Senate concurred in the Governor’s recommendations—bill enacted
Issue:
Licensing
Bill Number:
HB685
Proposal:
Requires tobacco retailers (including ENDs retailers) to obtain a license from the Virginia Alcohol Beverage Control Authority.
Current Status:
2/15/22 Left in the House Committee on General Laws
3/13/22 Regular session adjourned
3/13/22 Regular session adjourned
Issue:
Taxes (OTP)
Bill Number:
HB1357
Proposal:
Lowers OTP tax rates and caps the cigar tax at $.30 per cigar
Current Status:
2/15/22 Failed crossover deadline—left in House Committee on Appropriations
3/13/22 Regular session adjourned
3/13/22 Regular session adjourned
Washington Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Taxes,
Flavor Ban,
Delivery
Locations
Flavor Ban,
Delivery
Locations
Bill Number:
HB1345
SB5266
SB5266
Proposal:
Bans the sale of flavored vapor products and menthol-flavored cigarettes; changes vapor products tax from quantity based to a 45% tax on the retail price and requires the tax to be disclosed consumers; adds a 4.4% surcharge on vapor products on manufacturers and distributors; restricts delivery sales of closed system vapor products; allows local jurisdictions to limit the location of vapor product retailers
Current Status:
2/3/22-died by rule
Issue:
Taxes
Bill Number:
HB1550
Proposal:
Changes vapor products tax from quantity based to a 45% tax on the retail price; requires the tax to be disclosed to consumers; adds a 4.4% surcharge on vapor products on manufacturers and distributor
Current Status:
2/3/22-died by rule
Issue:
Retail Provisions
Bill Number:
SB5129
Proposal:
Allows for covert underage buyer checks against retailers; removes civil liability for minors who purchase, use or possess tobacco products
Current Status:
2/17/22-died in Rules Committee
Issue:
Taxes
Bill Number:
HB1676
Proposal:
Changes vapor products tax from quantity based to a 33% tax on the retail price; requires the tax to be disclosed to consumers
Current Status:
2/7/22-died by rule
Issue:
Flavors,
Vapor Products
Vapor Products
Bill Number:
HB2039
SB5768
SB5768
Proposal:
Bans the sale of vapor products containing nicotine salts and allows the state Secretary of Health to restrict sales of flavored vapor products and limit the allowable nicotine concentration in vapor products
Current Status:
2/3/22-died by rule
West Virginia Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Smokers’ Rights
Bill Number:
HB2519
Proposal:
Repeals provisions prohibiting employers from discriminating for use of tobacco products
Current Status:
3/12/22 Failed on adjournment
Issue:
Taxes
Bill Number:
HB2254
Proposal:
Establishes different rates of taxation for tobacco products for certain border counties
Current Status:
3/12/22 Failed on adjournment
Issue:
Taxes
Bill Number:
SB426
Proposal:
Increases the cigarette tax to $1.50 per 20 pack currently $1.20) and the
e-cigarette liquid tax to $0.0975 per milliliter (currently $0.075).
e-cigarette liquid tax to $0.0975 per milliliter (currently $0.075).
Current Status:
3/12/22 Failed on adjournment
Issue:
Taxes
Bill Number:
SB635
Proposal:
Increases the cigarette tax to $2.70 per 20 pack (currently $1.20); increases the tax on OTP to 51% of wholesale (currently 12%); defines and taxes electronic smoking devices as OTP; repeals the discount rate for tax stamps
Current Status:
3/12/22 Failed on adjournment
Issue:
Local Authority
Bill Number:
SB71
Proposal:
Allows political subdivisions to regulate the sale and marketing of tobacco products and vapor products
Current Status:
3/12/22 Failed on adjournment
Wisconsin Legislation
Issue
Bill Number
Proposal
Current Status
Issue:
Licensing
Bill Number:
AB250 (same as SB285)
Proposal:
Requires the DOR to create an application form for a license issued by municipalities for a person to sell cigarettes and tobacco products and requires municipalities to submit a list of licensees annually to the DOR
Assembly Substitute Amendment 1 requires a retailer who sells electronic smoking devices to obtain a cigarette and tobacco products license from the municipality where the retailer is located.
Assembly Substitute Amendment 1 requires a retailer who sells electronic smoking devices to obtain a cigarette and tobacco products license from the municipality where the retailer is located.
Current Status:
3/15/22 Failed to pass pursuant to Senate Joint Resolution 1—The Senate and Assembly stand adjourned
Issue:
Licensing
Bill Number:
SB285 (same as AB250)
Proposal:
Requires the DOR to create an application form for a license issued by municipalities for a person to sell cigarettes and tobacco products and requires municipalities to submit a list of licensees annually to the DOR
Senate Substitute Amendment 1 requires a retailer who sells electronic smoking devices to obtain a cigarette and tobacco products license from the municipality where the retailer is located.
Senate Substitute Amendment 1 requires a retailer who sells electronic smoking devices to obtain a cigarette and tobacco products license from the municipality where the retailer is located.
Current Status:
3/15/22 Failed to pass pursuant to Senate Joint Resolution 1—The Senate and Assembly stand adjourned
Issue:
Licensing and Local Authority
Bill Number:
SB1038
Proposal:
Requires a person who sells electronic smoking devices to obtain a cigarette and tobacco products retailer license and authorizes cities, villages and towns to enact an ordinance regulating cigarettes, tobacco products and ENDS retailers as long as the ordinance is as stringent as state law
Current Status:
3/9/22 Introduced and referred to the Senate Committee on Insurance, Licensing and Forestry
3/15/22 Failed to pass pursuant to Senate Joint Resolution 1—The Senate and Assembly stand adjourned
3/15/22 Failed to pass pursuant to Senate Joint Resolution 1—The Senate and Assembly stand adjourned