Status of federal and state legislative activity through November 19, 2021:
Federal Legislation
Sponsor
Proposal
Bill Numbers
Status
Sponsor:
Bustos
Proposal:
Imposes user fees on certain tobacco products.
Bill Numbers:
HR4629
Status:
7/22/21-Introduced and Referred to the House Committee on Energy and Commerce
Sponsor:
Cuellar
Proposal:
Requires all online e-cigarette retailers to do the following: Verify the age of customers for all purchases; Require an adult with ID to be present for delivery; Label shipping packages to show they contain tobacco products; Comply with all state and local tobacco tax requirements.
Bill Numbers:
HR133
Status:
12/21/20- Passed Congress
12/27/20- Signed by the President; Effective 90 days after enactment
12/27/20- Signed by the President; Effective 90 days after enactment
Sponsor:
Durbin
Proposal:
Increases the tax on cigarettes and other tobacco products as follows: increases the tax on small cigarettes from $50.33 to $100.66; Increases the tax on large cigarettes from $105.69 to $211.38; Increases the tax on roll-your-own tobacco from $24.78, amended to $49.56; Increases the tax on Pipe Tobacco from $2,8311 cents to $49.56; Smokeless Tobacco Increases: In paragraph (1) of Section 570 (e), from $1.51 to $26.84, paragraph (2), from 50.33 cents to $10.74; Increases the tax on small cigars from $50.33 to $100.66; Increases the tax on large cigars from 52.75% to $49.56 per pound and a proportionate tax at the like rate of pound but not less than 10.066 cents per cigar.
Bill Numbers:
SB411
Status:
2/24/21-Introduced, read twice, and referred to the Senate Finance Committee
Sponsor:
Durbin
Proposal:
Increases the tax on cigarettes and other tobacco products as follows: increases the tax on small cigarettes from $50.33 to $100.66; Increases the tax on large cigarettes from $105.69 to $211.38; Increases the tax on roll-your-own tobacco from $24.78, amended to $49.56; Increases the tax on Pipe Tobacco from $2,8311 cents to $49.56; Smokeless Tobacco Increases: In paragraph (1) of Section 570 (e), from $1.51 to $26.84, paragraph (2), from 50.33 cents to $10.74; Increases the tax on small cigars from $50.33 to $100.66; Increases the tax on large cigars from 52.75% to $49.56 per pound and a proportionate tax at the like rate of pound but not less than 10.066 cents per cigar.
Bill Numbers:
SB1314
Status:
4/22/21-Introduced, read twice, and referred to the Senate Finance Committee
9/15/21-Tax increases are included in budget reconciliation bill
9/15/21-Tax increases are included in budget reconciliation bill
Sponsor:
Feinstein
Proposal:
Requires online age verification for sale of any tobacco product, including e-cigarettes. It would also require in-person age verification upon physical delivery.
Bill Numbers:
SB1253
Status:
4/30/19- Introduced, read second time, and referred to the Senate Judiciary Committee
7/2/20- Passed Senate and moved to the House
12/21/20-Rolled in HR133
12/21/20-HR133 passed Congress
12/27/20-HR133 signed by the President; Effective 90 days after enactment
7/2/20- Passed Senate and moved to the House
12/21/20-Rolled in HR133
12/21/20-HR133 passed Congress
12/27/20-HR133 signed by the President; Effective 90 days after enactment
Sponsor:
Krishnamoorthi
Proposal:
Increases the tax on cigarettes and other tobacco products as follows: increases the tax on small cigarettes from $50.33 to $100.66; Increases the tax on large cigarettes from $105.69 to $211.38; Increases the tax on roll-your-own tobacco from $24.78, amended to $49.56; Increases the tax on Pipe Tobacco from $2,8311 cents to $49.56; Smokeless Tobacco Increases: In paragraph (1) of Section 570 (e), from $1.51 to $26.84, paragraph (2), from 50.33 cents to $10.74; Increases the tax on small cigars from $50.33 to $100.66; Increases the tax on large cigars from 52.75% to $49.56 per pound and a proportionate tax at the like rate of pound but not less than 10.066 cents per cigar.
Bill Numbers:
HB2786
Status:
4/22/21- Introduced and referred to the House Ways and Means Committee
9/15/21-Included in the budget reconciliation bill; final markup in the House Ways and Means Committee
9/15/21-Included in the budget reconciliation bill; final markup in the House Ways and Means Committee
Sponsor:
Rubio
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
Bill Numbers:
SB438
Status:
2/24/21-Introduced and referred to the Senate Health, Education, Labor, and Pensions Committee
Sponsor:
Shaheen
Proposal:
Imposes user fees on certain tobacco products.
Bill Numbers:
SB2445
Status:
7/22/21-Introduced, read twice, and referred to the Committee on Health, Education, Labor, and Pensions
Sponsor:
Yarmuth
Proposal:
Assesses a tax on alternative nicotine products and nicotine e-vapor products of $50.33 per 1,810 milligrams of taxable nicotine which is defined as “any nicotine which has been extracted, concentrated, or synthesized.” This new tax would also tax any extracted nicotine, which would cover smoke-free products such as nicotine pouches and all nicotine e-vapor products.
Bill Numbers:
HR5376
Status:
9/27/21-Introduced
11/18/21-Conisdered as unfinished business in the House
11/19/21-Passed the House by a vote of 220-213; Moves to the Senate for consideration
11/18/21-Conisdered as unfinished business in the House
11/19/21-Passed the House by a vote of 220-213; Moves to the Senate for consideration
State Tax Increase Legislation
State
Current/Proposed Tax
Bill Numbers
Status
State:
Alaska
Current/Proposed Tax:
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. 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.
Bill Numbers:
SB45
Status:
1/19/21-Introduced
1/25/21- Referred to the Senate Labor and Commerce Committee and additionally referred to the Senate Finance Committee
2/19/21-Committee Hearing Held—no action taken
3/1/21-Committee Hearing Held
3/19/21-Committee Hearing Scheduled
3/19/21-Passed Committee as substituted
3/19/21-Moves to Senate Finance Committee
3/24/21-Referred to Senate Finance Committee
1/25/21- Referred to the Senate Labor and Commerce Committee and additionally referred to the Senate Finance Committee
2/19/21-Committee Hearing Held—no action taken
3/1/21-Committee Hearing Held
3/19/21-Committee Hearing Scheduled
3/19/21-Passed Committee as substituted
3/19/21-Moves to Senate Finance Committee
3/24/21-Referred to Senate Finance Committee
State:
Alaska
Current/Proposed Tax:
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
Bill Numbers:
HB110
Status:
2/24/21- Introduced
3/17/21-Referred to the House Labor and Commerce and additionally referred to the House Finance Committee
4/5/21-Committee Hearing Held
4/9/21-Committee Hearing Held
4/12/21- Passed the House Labor and Commerce Committee and referred to the House Finance Committee
5/5/21-Committee Hearing Held
5/7/21-Committee Hearing Held
5/14/21-Committee Hearing Held
3/17/21-Referred to the House Labor and Commerce and additionally referred to the House Finance Committee
4/5/21-Committee Hearing Held
4/9/21-Committee Hearing Held
4/12/21- Passed the House Labor and Commerce Committee and referred to the House Finance Committee
5/5/21-Committee Hearing Held
5/7/21-Committee Hearing Held
5/14/21-Committee Hearing Held
State:
Arizona
Current/Proposed Tax:
Creates an excise tax on vapor products of 43% of the wholesale cost, subject to voter approval in November 2022
Bill Numbers:
HCR 2008
Status:
2/19/21-died by rule
State:
Arkansas
Current/Proposed Tax:
Increases the excise tax on cigarettes by imposing a tax of 20% upon all receipts from the sale of cigarette. This tax would be in addition to the current excise tax of $1.15 per pack. The bill also imposes an excise tax on vapor products at the OTP tax rate of 68% of the invoice price.
Bill Numbers:
SB2
Status:
1/11/21- Introduced and referred to the Senate Revenue and Tax Committee
State:
Arkansas
Current/Proposed Tax:
Defines “cigarette paper” for the purpose of taxation and imposes an additional tax on cigarette paper at the rate of $.50 per package of thirty-two sheets of cigarette paper.
Bill Numbers:
HB1045
Status:
1/11/21-Introduced and referred to the House Rules Committee
2/23/21-Withdrawn by Author
2/23/21-Withdrawn by Author
State:
Arkansas
Current/Proposed Tax:
Provides that when two adjoining cities each have a population of five thousand or more and are separated by a state line, the tax on cigarettes sold in the adjoining Arkansas city will be at the rate imposed by law on cigarettes sold in the adjoining city outside of Arkansas plus 50 cents per 1,000. The tax on cigarettes sold in Arkansas within three hundred feet of a state line or in any Arkansas city that adjoins a state line will be at the rate imposed by law on cigarettes sold in the adjoining state plus 25 cents per 1,000. The tax on cigarettes will be at the rate imposed by law on cigarettes sold in the adjoining state when the cigarettes are sold in an Arkansas city or incorporated town whose corporate limits adjoin the corporate limits of an Arkansas border city. This only applies if the corresponding tax in the border city outside of Arkansas is lower than the Arkansas cigarette tax rate.
Bill Numbers:
SB337
Status:
2/22/21-Introduced and referred to the Senate Revenue and Taxation Committee
3/31/21-Committee Hearing Held
4/27/21-Withdrawn by Author
3/31/21-Committee Hearing Held
4/27/21-Withdrawn by Author
State:
California
Current/Proposed Tax:
Effective July 1, 2022, creates a new tax on electronic cigarettes and e-liquids for use in California of 12.5% of the retail sales price, imposed on purchasers and disclosed to consumers, collected, and remitted by the retailer
Bill Numbers:
SB395
Status:
10/4/21-signed by Governor; Effective July 1, 2022
State:
Connecticut
Current/Proposed Tax:
Taxes vapor products as OTP at 50% of wholesale
Bill Numbers:
HB6189
Status:
1/28/21 Introduced and referred to the Joint Committee on Finance, Revenue and Bonding
4/22/21 Failed the Joint Favorable Deadline
4/22/21 Failed the Joint Favorable Deadline
State:
Delaware
Current/Proposed Tax:
Reduces the tax rate on premium cigars from 30% to 15% of the wholesale price
Bill Numbers:
SB131
Status:
5/10/21 Introduced and referred to the Senate Committee on Executive
5/19/21 Reported from the committee and reassigned to the Senate Committee on Finance
6/15/21 Passed from committee—passed the Senate
6/16/21 Referred to the House Revenue and Finance Committee
5/19/21 Reported from the committee and reassigned to the Senate Committee on Finance
6/15/21 Passed from committee—passed the Senate
6/16/21 Referred to the House Revenue and Finance Committee
State:
Georgia
Current/Proposed Tax:
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
Bill Numbers:
HB394
Status:
2/10/21 Introduced and referred to the House Ways and Means Committee
State:
Georgia
Current/Proposed Tax:
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
Bill Numbers:
HB670
Status:
2/26/21 Introduced
3/1/21 Referred to the House Ways and Means Committee
3/1/21 Referred to the House Ways and Means Committee
State:
Hawaii
Current/Proposed Tax:
Caps the 50% of wholesale price tax on large cigars at $0.50
Bill Numbers:
HB121
SB177
HB868
SB177
HB868
Status:
Pending carryover to 2022
State:
Hawaii
Current/Proposed Tax:
As amended, effective July 1, 2060, creates a new tax on e-liquids at the same rate as OTP (70% of the wholesale price), reduces taxes on any product the FDA has determined to be “modified risk” by 50%, and requires sellers of e-liquids to obtain a state permit
Bill Numbers:
HB476
Status:
Pending carryover to 2022
State:
Hawaii
Current/Proposed Tax:
Prohibits the sale of flavored vapor products, prohibits sale of tobacco products other than through in-person retail sales , includes e-liquids or products containing e-liquids in the definition of “tobacco products“ for purposes imposing the 70% of wholesale price tax imposed on OTP, increases the retail tobacco permit fee from $20 to $100 annually, requires retailers to pay an additional excise tax of 70% of the retail price of electronic smoking devices on and after 7/1/2021
Bill Numbers:
SB63
Status:
Pending carryover to 2022
State:
Hawaii
Current/Proposed Tax:
As amended, effective July 1, 2050,increases the cigarette excise tax by an unspecified amount
Bill Numbers:
SB138
Status:
Pending carryover to 2022
State:
Hawaii
Current/Proposed Tax:
Increases the cigarette excise tax by an unspecified amount for litter abatement
Bill Numbers:
SB511
Status:
Pending carryover to 2022
State:
Hawaii
Current/Proposed Tax:
As amended, effective January 1, 2050, bans the sale of flavored tobacco products (except menthol), includes vapor products in the definition of “tobacco products“ for purposes imposing the 70% of wholesale price tax imposed on OTP, increases the annual retail tobacco permit fee by an unspecified amount, and prohibits retail shipment of untaxed tobacco products,
Bill Numbers:
HB993
SB621
SB1147
SB621
SB1147
Status:
Pending carryover to 2022
State:
Hawaii
Current/Proposed Tax:
Imposes a tax of 20% of the wholesale price on electronic smoking devices and $0.10 per milliliter on e-liquids
Bill Numbers:
HB630
SB894
SB894
Status:
Pending carryover to 2022
State:
Hawaii
Current/Proposed Tax:
Prohibits the sale of flavored vapor products, prohibits sale of tobacco products other than through in-person retail sales, includes vapor products in the definition of “tobacco products“ for purposes imposing the 70% of wholesale price tax imposed on OTP, and imposes a new tax of 70% of the retail price on electronic cigarette devices, increases the retail tobacco permit fee from $20 to $100 annually
Bill Numbers:
HB1328
Status:
Pending carryover to 2022
State:
Hawaii
Current/Proposed Tax:
Includes heat-not-burn products in the definition of electronic smoking devices and imposes the 70% of wholesale price OTP tax on electronic smoking products
Bill Numbers:
HB1329
Status:
Pending carryover to 2022
State:
Hawaii
Current/Proposed Tax:
Prohibits the sale of flavored vapor products (except menthol), prohibits sale of tobacco products other than through in-person retail sales, includes vapor products in the definition of “tobacco products“ for purposes imposing the 70% of wholesale price tax imposed on OTP, and imposes a new tax of 70% of the retail price on electronic cigarette devices, effective July 1, 2060
Bill Numbers:
HB826
Status:
Pending carryover to 2022
State:
Illinois
Current/Proposed Tax:
Prohibits the excise tax on cigars from exceeding 50 cents per cigar
Bill Numbers:
HB570
Status:
2/3/21-Introduced
2/8/21-Referred to the House Rules Committee; Referred to House Revenue and Finance Committee
3/11/21-Committee Hearing Held
3/27/21-Re-referred to the House Rules Committee
2/8/21-Referred to the House Rules Committee; Referred to House Revenue and Finance Committee
3/11/21-Committee Hearing Held
3/27/21-Re-referred to the House Rules Committee
State:
Indiana
Current/Proposed Tax:
Increases the cigarette tax by $1.00 per 20 pack and imposes a tax on e-liquid containing nicotine at $0.08 per milliliter
Bill Numbers:
HB1434
Status:
1/12/21 Introduced and referred to the House Public Health Committee
2/4/21 Passed Public Health Committee—referred to the House Ways and Means Committee
2/4/21 Passed Public Health Committee—referred to the House Ways and Means Committee
State:
Indiana
Current/Proposed Tax:
Amended: to include a tax on closed system cartridges at 25% of the wholesale price of the closed-system cartridge and a tax of 15% at retail on the sale of consumable material and vapor products,
Bill Numbers:
HB1001 (budget bill)
Status:
1/14/21 Introduced and referred to the House Ways and Means Committee
2/11/21 Original language stripped—bill amended to include the cigarette and e-liquid tax increases
2/15/21 Reported favorably from the House Ways and Means Committee
2/22/21 Passed the House
2/23/21 Referred to the Senate
2/24/21 Assigned to the Senate Appropriations Committee
4/8/21 Amended—reported as “do pass” from committee
4/12/21 Amended on 2nd reading
4/14/21 Conference committee appointed
4/22/21 Conference Committee report adopted by the House and Senate
4/28/21 Signed by the Speaker and Senate President
4/29/21 Signed by the Governor
2/11/21 Original language stripped—bill amended to include the cigarette and e-liquid tax increases
2/15/21 Reported favorably from the House Ways and Means Committee
2/22/21 Passed the House
2/23/21 Referred to the Senate
2/24/21 Assigned to the Senate Appropriations Committee
4/8/21 Amended—reported as “do pass” from committee
4/12/21 Amended on 2nd reading
4/14/21 Conference committee appointed
4/22/21 Conference Committee report adopted by the House and Senate
4/28/21 Signed by the Speaker and Senate President
4/29/21 Signed by the Governor
State:
Iowa
Current/Proposed Tax:
Redefine tobacco products to include vapor products, thus imposing the OTP excise tax of 50% of the wholesale sales price on vapor products
Bill Numbers:
HB98
Status:
1/15/21- Introduced and referred to Committee on State Government
2/22/21- Hearing held in Subcommittee
2021 Session adjourned—Carryover to 2022
2/22/21- Hearing held in Subcommittee
2021 Session adjourned—Carryover to 2022
State:
Iowa
Current/Proposed Tax:
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.
Bill Numbers:
HB733
Status:
3/3/21- Introduced and sent to House Ways and Means Committee
2021 Session adjourned—Carryover to 2022
2021 Session adjourned—Carryover to 2022
State:
Kansas
Current/Proposed Tax:
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.
Bill Numbers:
HB2428
Status:
3/2/21-Introduced
3/3/21-Referred to the House Taxation Committee
3/3/21-Referred to the House Taxation Committee
State:
Kentucky
Current/Proposed Tax:
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
Bill Numbers:
HB356
Status:
2/3/21 Introduced—referred to the Committee on Committees
3/30/21 Failed on adjournment
3/30/21 Failed on adjournment
State:
Maine
Current/Proposed Tax:
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
Bill Numbers:
LD1423
H.P. 1039
H.P. 1039
Status:
4/8/21 Introduced and referred to the Joint Committee on Taxation
5/13/21 Committee hearing
5/26/21 Work session—vote—divided report
6/15/21 Reported from committee with the divided report—voted down in the House by a vote of 67-73
6/17/21 Recommitted to the Joint committee on Taxation—carried over to the next session
7/19/21 Carried over—legislature adjourned sine die
5/13/21 Committee hearing
5/26/21 Work session—vote—divided report
6/15/21 Reported from committee with the divided report—voted down in the House by a vote of 67-73
6/17/21 Recommitted to the Joint committee on Taxation—carried over to the next session
7/19/21 Carried over—legislature adjourned sine die
State:
Maine
Current/Proposed Tax:
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
Bill Numbers:
LD1693
H.P. 1258
H.P. 1258
Status:
5/6/21 Introduced and referred to the Joint Committee on Health and Human Services
5/21/21 Carry over requested for 2022
6/3/21 Carry over approved
7/19/21 Carried over—legislature adjourned sine die
5/21/21 Carry over requested for 2022
6/3/21 Carry over approved
7/19/21 Carried over—legislature adjourned sine die
State:
Maryland
Current/Proposed Tax:
Senate Amendment: includes tax of 12% on ESD; tax of 60% on vaping liquid in containers less than 5ml; $1.75 per 20 pack increase on cigarettes; increase tax to 53% on OTP
Bill Numbers:
HB732
Status:
3/17/20 Passed the Senate
3/18/20 House concurred with Senate amendments—passed the House—bill enrolled
5/7/20 Vetoed by the Governor
2/11/21 House voted to override
2/12/21 Senate voted to override
3/14/21-Effective Date
3/18/20 House concurred with Senate amendments—passed the House—bill enrolled
5/7/20 Vetoed by the Governor
2/11/21 House voted to override
2/12/21 Senate voted to override
3/14/21-Effective Date
State:
Massachusetts
Current/Proposed Tax:
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
Bill Numbers:
SB1809 (same as HB2870)
Status:
2/9/21 Filed
3/29/21 Referred to the Joint Revenue Committee
3/29/21 Referred to the Joint Revenue Committee
State:
Massachusetts
Current/Proposed Tax:
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
Bill Numbers:
HB2870 (same as SB1809)
Status:
2/11/21 Filed
3/29/21 Referred to the Joint Committee on Revenue
3/29/21 Referred to the Joint Committee on Revenue
State:
Massachusetts
Current/Proposed Tax:
Increases the tax on cigars weighing more than 3 lbs per 1,000 and not more than 12 lbs per 1,000 by 80% of wholesale; increases the tax on smoking tobacco by 90% of wholesale; increases the tax on smokeless tobacco (except snuff) to 45% of wholesale
Bill Numbers:
SB1813
Status:
3/29/21 Referred to the Joint Committee on Revenue
State:
Michigan
Current/Proposed Tax:
Reduces the state cigarette tax to $1.00 per pack
Bill Numbers:
HB4114
Status:
2/3/21- Introduced and referred to the House Tax Policy Committee
State:
Michigan
Current/Proposed Tax:
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.
Bill Numbers:
HB4287
Status:
2/23/21- Introduced and referred to the House Regulatory Reform Committee
State:
Michigan
Current/Proposed Tax:
Repeals the provision that is scheduled to remove the 50 cents per cigar excise tax cap on October 1, 2021.
Bill Numbers:
HB4485
Status:
3/10/21-Introduced and referred to the House Tax Policy Committee
3/24/21-Committee Hearing Held
4/14/21-Passed House Tax Policy Committee; In House awaiting second reading
5/18/21-Passed House
5/19/21-Reffered to the Senate Finance Committee
6/3/21-Passed Senate Finance Committee and moved to second reading in the Senate
10/26/21-Passed Senate and moved to the Governor
11/4/21-Signed by the Governor; Effective Immediately
3/24/21-Committee Hearing Held
4/14/21-Passed House Tax Policy Committee; In House awaiting second reading
5/18/21-Passed House
5/19/21-Reffered to the Senate Finance Committee
6/3/21-Passed Senate Finance Committee and moved to second reading in the Senate
10/26/21-Passed Senate and moved to the Governor
11/4/21-Signed by the Governor; Effective Immediately
State:
Michigan
Current/Proposed Tax:
Repeals the provision that is scheduled to remove the 50 cents per cigar excise tax cap on October 1, 2021.
Bill Numbers:
SB391
Status:
4/27/21-Introduced and referred to Senate Finance Committee
State:
Michigan
Current/Proposed Tax:
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.
Bill Numbers:
SB572
Status:
6/24/21-Introduced and referred to the Senate Regulatory Reform Committee
State:
Minnesota
Current/Proposed Tax:
Reflects the Governor’s budget proposal which includes a $1.00/pack cigarette tax increase (includes a floor stocks tax), a corresponding increase in the tax on moist snuff, a 35% gross receipts tax on the retail sales price of nicotine solutions and electronic nicotine devices and the application of the 95% OTP tax on electronic nicotine devices, not just taxing nicotine liquids at the 95% OTP tax rate.
HF991- Delete Everything amendment no longer includes the cigarette tax increase. It does contain the 95% tax on electronic devices.
SF961- Delete Everything amendment does not contain a tobacco tax increase or device tax.
HF991- Delete Everything amendment no longer includes the cigarette tax increase. It does contain the 95% tax on electronic devices.
SF961- Delete Everything amendment does not contain a tobacco tax increase or device tax.
Bill Numbers:
SF961
HF991
HF991
Status:
2/10/21- SF961 Introduced and referred to Tax Committee
2/11/21- HF991 Introduced and referred to Tax Committee
2/18/21- HF991 Hearing held in House Taxes
2/23/21-SF961 Hearing held in Senate Taxes
4/5/21- HF991 Delete Everything amendment no longer includes the cigarette tax increase. It does contain the 95% tax on electronic devices. Has received hearings 4/5- 4/9.
4/12/21- HF991Passed the Tax Committee and sent to the Ways and Means Committee
4/20/21- HF991Passed the Ways and Means Committee sent to the House Floor
4/23/21- HF991 passed the House Floor; sent to the Senate
4/28/21- HF991 was amended with language from SF961 and passed; bill HF991 has been sent to conference committee to work out the differences.
4/22/21- SF961 Delete Everything Amendment release, does not contain tobacco or device tax. Hearings scheduled 4/22-4/23.
5/17/21- Failed- Session Adjourned- Budget negotiations continue, special session likely in June.
2/23/21-SF961 Hearing held in Senate Taxes
4/5/21- HF991 Delete Everything amendment no longer includes the cigarette tax increase. It does contain the 95% tax on electronic devices. Has received hearings 4/5- 4/9.
4/12/21- HF991Passed the Tax Committee and sent to the Ways and Means Committee
4/20/21- HF991Passed the Ways and Means Committee sent to the House Floor
4/23/21- HF991 passed the House Floor; sent to the Senate
4/28/21- HF991 was amended with language from SF961 and passed; bill HF991 has been sent to conference committee to work out the differences.
4/22/21- SF961 Delete Everything Amendment release, does not contain tobacco or device tax. Hearings scheduled 4/22-4/23.
5/17/21- Failed- Session Adjourned- Budget negotiations continue, special session likely in June.
State:
Minnesota
Current/Proposed Tax:
Would increase the state cigarette tax by $1.50 per pack and raises the excise tax on tobacco and vapor products from 95% to 97% of the wholesale price. It would also increase 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.
Bill Numbers:
HF1721
SF1774
SF1774
Status:
3/1/21- Introduced in the House sent to Health Finance and Policy Committee
3/10/21- Hearing held in Preventive Health Policy Division; approved and returned to Health Finance and Policy Committee
3/4/21- Introduced in the Senate; sent to Tax Committee
3/4/21- Introduced in the Senate; sent to Tax Committee
State:
Minnesota
Current/Proposed Tax:
Would increase the excise tax on cigarettes by $1.50 per pack (from $3.673 to $5.173 per pack); increase 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) and would impose a floor stock tax was introduced and referred to the Senate Tax committee.
Bill Numbers:
SF2301
Status:
3/25/21- Introduced and referred to committee on Taxes.
State:
Minnesota
Current/Proposed Tax:
Budget compromise (agreed upon) The bill does not include a cigarette or tobacco tax increase. It does change the definition of a “Nicotine Solution Product” to include delivery systems and devices.
Bill Numbers:
(Special Session) HF9a
SF26a
SF26a
Status:
6/14/21- Introduced in the House and referred to the Ways and Means Committee; Tax Committee to hold informational hearing on 6/1/21
6/15/21- Introduced in the Senate and referred to the Tax Committee.
6/28/21- HF 9a Passed Ways and Means as Amended. Definition of “Nicotine Solution Product” was amended to a more focused definition as recommended by the Department of Revenue.
6/30/21- Passed the House and Senate as amended
7/1/21- Signed by the Governor
6/28/21- HF 9a Passed Ways and Means as Amended. Definition of “Nicotine Solution Product” was amended to a more focused definition as recommended by the Department of Revenue.
6/30/21- Passed the House and Senate as amended
7/1/21- Signed by the Governor
State:
Mississippi
Current/Proposed Tax:
Defines the terms “electronic smoking device” and “tobacco product” for the purpose of taxing electronic smoking devices at the rate of 15% of the manufacturer’s list price.
Bill Numbers:
SB2182
Status:
1/8/21- Introduced and referred to the Senate Finance Committee
2/24/21- Died in Committee
2/24/21- Died in Committee
State:
Mississippi
Current/Proposed Tax:
Increases the tax on cigarettes by $.50 per pack
Bill Numbers:
HB904
Status:
1/18/21-Introduced and referred to the House Ways and Means Committee
2/24/21-Died in committee
2/24/21-Died in committee
State:
Mississippi
Current/Proposed Tax:
Increases the OTP tax an additional 7.5% of the manufacturer’s list price. These products are currently taxed at 15% of the manufacturer’s list price
Bill Numbers:
HB903
Status:
1/18/21-Introduced and referred to the House Ways and Means Committee
2/24/21-Died in committee
2/24/21-Died in committee
State:
Mississippi
Current/Proposed Tax:
Increases the tax on cigarettes by $.50 per pack, increases the OTP tax an additional 10% of the manufacturers list price, and imposes the increased OTP tax of 25% of the manufacturer’s list price on vapor products.
Bill Numbers:
HB1439
Status:
2/22/21-Introduced, referred to the House Ways and Means Committee, Passed Committee
2/23/21-Amended on the House Floor; Passed the House by a vote of 85-34
2/24/21-Transmitted to Senate
3/5/21- Referred to Senate Finance Committee
3/16/21-Died in Committee
2/23/21-Amended on the House Floor; Passed the House by a vote of 85-34
2/24/21-Transmitted to Senate
3/5/21- Referred to Senate Finance Committee
3/16/21-Died in Committee
State:
Mississippi
Current/Proposed Tax:
As amended, Increases the tax on cigarettes by $.50 per pack, increases the OTP tax an additional 10% of the manufacturers list price, and imposes the increased OTP tax of 25% of the manufacturer’s list price on vapor products. After conference, the bill passed with the sections taxing cigarettes, OTP, and vapor products removed.
Bill Numbers:
SB2971
Status:
3/16/21-Amended on House Floor; Passed House and moved to the Senate for concurrence.
3/19/21-Senate refused to concur with House amendments; invited conference.
4/22/21- Signed by Governor (Sections Taxing Cigarettes, OTP, and Vape Were removed prior to passage)
3/19/21-Senate refused to concur with House amendments; invited conference.
4/22/21- Signed by Governor (Sections Taxing Cigarettes, OTP, and Vape Were removed prior to passage)
State:
Missouri
Current/Proposed Tax:
Prohibits the sale of flavored tobacco products, adds a definition of vape products to tobacco products thus making it subject to the 10% Manufacturers Invoice Price and raises the age to purchase to 21.
Bill Numbers:
HB868
Status:
1/25/21- Introduced
State:
Nebraska
Current/Proposed Tax:
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
Bill Numbers:
LB459
Status:
1/15/21- Introduced
1/20/21- Referred to the Revenue Committee
3/3/21-Committee Hearing Held
4/13/21-Indefinitely postponed
1/20/21- Referred to the Revenue Committee
3/3/21-Committee Hearing Held
4/13/21-Indefinitely postponed
State:
Nebraska
Current/Proposed Tax:
Caps the tax on premium cigars at $.50 per cigar
Bill Numbers:
LB655
Status:
1/20/21-Introduced
1/22/21-Referred to the Revenue Committee
3/3/21-Hearing Held
Will Carryover to 2022 Session
1/22/21-Referred to the Revenue Committee
3/3/21-Hearing Held
Will Carryover to 2022 Session
State:
New Hampshire
Current/Proposed Tax:
Reduces the state excise tax on modified risk tobacco products
Bill Numbers:
SB76
Status:
1/6/21 Introduced
1/19/21 Referred to the Senate Ways and Means Committee
1/27/21 Committee hearing—reported as “ought not to pass”
2/4/21 Laid on the table
1/19/21 Referred to the Senate Ways and Means Committee
1/27/21 Committee hearing—reported as “ought not to pass”
2/4/21 Laid on the table
State:
New Jersey
Current/Proposed Tax:
Imposes a 3.5% tax on the retail sales of all products containing liquid nicotine (intended to replace the $.10 per fluid milliliter tax)
Bill Numbers:
A1705
Status:
1/14/20 Introduced and referred to the Assembly Appropriations Committee
State:
New Jersey
Current/Proposed Tax:
Requires a manufacturer of cigarettes, a manufacturer of tobacco products, and a manufacturer of electronic smoking devices to forward to the Department of the Treasury, on a quarterly basis, $.25 of every $1 that the manufacturer spends on advertising or marketing cigarettes, tobacco products, or electronic smoking devices in the State.
Bill Numbers:
A526
Status:
1/14/20 Introduced and referred to the Assembly Health Committee
State:
New Jersey
Current/Proposed Tax:
Increases tobacco products wholesale sales and use tax rates to be on par with the tax rate imposed on cigarettes
Bill Numbers:
S1008
Status:
1/30/20 Introduced and referred to the Senate Health, Human Services and Senior Citizens Committee
State:
New Jersey
Current/Proposed Tax:
Increases the cigarette tax by $1.65 per pack
Bill Numbers:
Governor’s Revised FY2021 Budget
Status:
3/10/20 Considered by the Senate Budget and Appropriations Committee
9/8/20 Hearing commenced by the Senate Budget and Appropriations Committee
9/9/20 Hearing commenced by the Assembly Budget Committee
9/8/20 Hearing commenced by the Senate Budget and Appropriations Committee
9/9/20 Hearing commenced by the Assembly Budget Committee
State:
New Jersey
Current/Proposed Tax:
Limits the taxation of cigars under the Tobacco and Vapor Products Tax Act to a maximum of $.50 per cigar
Bill Numbers:
A4936 (same as S3270)
Status:
11/5/20 Filed
11/9/20 Introduced and referred to the Assembly Health Committee
11/9/20 Introduced and referred to the Assembly Health Committee
State:
New Jersey
Current/Proposed Tax:
Limits the taxation of cigars under the Tobacco and Vapor Products Tax Act to a maximum of $.50 per cigar
Bill Numbers:
S3270 (same as A4936)
Status:
12/14/20 Introduced and referred to the Senate Health, Human Services and Senior Citizens Committee
State:
New Mexico
Current/Proposed Tax:
Increases the tax on cigarettes by $2.00 per pack, increases the OTP tax to 83% of the product value; increases the tax on e-liquid to 83% of the product value; increases the tax on closed system cartridges to $3.32 per cartridge.
Bill Numbers:
HB167
Status:
1/25/21-Introduced and referred to the House Taxation and Revenue Committee and additionally referred to the House Health and Human Services Committee
2/9/21-Passed the House Health and Human Services Committee
2/22/21-Conisered in the House Taxation and Revenue Committee; No action taken
3/20/21- Failed due to adjournment
2/9/21-Passed the House Health and Human Services Committee
2/22/21-Conisered in the House Taxation and Revenue Committee; No action taken
3/20/21- Failed due to adjournment
State:
New Mexico
Current/Proposed Tax:
Increases the tax on cigarettes by $2.00 per pack, increases the OTP tax to 83% of the product value; increases the tax on e-liquid to 83% of the product value; increases the tax on closed system cartridges to $3.32 per cartridge.
Bill Numbers:
SB197
Status:
1/31/21- Introduced and referred to the Senate Taxation, Business and Transportation Committee and additionally referred to the Senate Finance Committee
2/20/21-Committee hearing held; No action taken
3/20/21- Failed due to adjournment
2/20/21-Committee hearing held; No action taken
3/20/21- Failed due to adjournment
State:
New York
Current/Proposed Tax:
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 minimum of 20 pieces 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
Bill Numbers:
S1167
Status:
1/7/21 Introduced and referred to the Senate Health Committee
State:
New York
Current/Proposed Tax:
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%
Bill Numbers:
A678 (same as S2753)
Status:
1/4/21 Pre-filed
1/6/21 Referred to the Assembly Ways and Means Committee
1/6/21 Referred to the Assembly Ways and Means Committee
State:
New York
Current/Proposed Tax:
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%
Bill Numbers:
S2753 (same as A678)
Status:
1/25/21 Introduced and referred to the Senate Budget and Revenues Committee
State:
New York
Current/Proposed Tax:
Increases the cigarette tax to $6.24 per twenty pack (currently $4.35)
Bill Numbers:
A683 (same as S3544)
Status:
1/4/21 Pre-filed
1/6/21 Referred to the Assembly Ways and Means Committee
1/6/21 Referred to the Assembly Ways and Means Committee
State:
New York
Current/Proposed Tax:
Increases the cigarette tax to $6.24 per twenty pack (currently $4.35)
Bill Numbers:
S3544 (same as A683)
Status:
1/30/21 Introduced and referred to the Senate Budget and Revenue Committee
State:
New York
Current/Proposed Tax:
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.
Bill Numbers:
S1563 (same as A2609)
Status:
1/13/21 Introduced and referred to the Senate Consumer Protection Committee
State:
New York
Current/Proposed Tax:
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.
Bill Numbers:
A2609 (same as S1563)
Status:
1/19/21 Introduced and referred to the Assembly Health Committee
State:
New York
Current/Proposed Tax:
Provides for the taxation of electronic cigarette cartridges as tobacco products.
Bill Numbers:
A3514 (same as S3045)
Status:
1/27/21 Introduced and referred to the Assembly Ways and Means Committee
State:
New York
Current/Proposed Tax:
Provides for the taxation of electronic cigarette cartridges as tobacco products
Bill Numbers:
S3045 (same as A3514)
Status:
1/27/21 Introduced and referred to the Senate Budget and Revenue Committee
State:
New York
Current/Proposed Tax:
Provides that the tax on cigars and premium cigars to be 75% of wholesale or $.50 per cigar, whichever is less
Bill Numbers:
S4820
Status:
2/12/21 Introduced and referred to the Senate Budget and Revenue Committee
State:
New York
Current/Proposed Tax:
Provides that the tax on cigars and premium cigars to be 75% of wholesale or $.50 per cigar, whichever is less
Bill Numbers:
S6741
Status:
5/13/21 Introduced and referred to the Senate Budget and Revenue Committee
State:
North Carolina
Current/Proposed Tax:
Modifies the excise tax on cigars to tax online sales the same as in-person sales (12.8% of the cost price with a cap of $.30 per cigar),
Bill Numbers:
H334
Status:
3/17/21 Filed
4/22/21 Passed the House
4/26/21 Senate first reading
5/26/21 Committee substitute reported favorably
5/27/21 Substitute adopted on the Senate floor
6/8/21 Reported favorably from the Senate Committee on Rules and Operations
6/10/21 Passed the Senate
6/15/21 Received in the House for concurrence
7/13/21 Conference committee appointed
4/22/21 Passed the House
4/26/21 Senate first reading
5/26/21 Committee substitute reported favorably
5/27/21 Substitute adopted on the Senate floor
6/8/21 Reported favorably from the Senate Committee on Rules and Operations
6/10/21 Passed the Senate
6/15/21 Received in the House for concurrence
7/13/21 Conference committee appointed
State:
North Carolina
Current/Proposed Tax:
Subject remote sales of cigars to the current rate of excise tax, which is 12.8% of the cost price per cigar.
Bill Numbers:
SB105 (Appropriations Bill)
Status:
8/10/21 Substituted in committee to include the cigar tax modification
8/11/21 Reported favorably from committee
8/12/21 Passed the House
8/17/21 Failed to receive concurrence in the Senate
8/11/21 Reported favorably from committee
8/12/21 Passed the House
8/17/21 Failed to receive concurrence in the Senate
State:
North Dakota
Current/Proposed Tax:
Amended in the House Finance and Taxation committee to recommend that the legislative management consider studying reduced harm nicotine products during the 2021-22 interim. Previous versions imposed an excise tax on vapor products at a rate of 28% of the wholesale purchase price and would require vapor product retailers and distributors to obtain a license
Bill Numbers:
SB2189
Status:
1/12/21 -Introduced
Sent to Finance and Taxation Committee
1/19/21- Heard in Committee
2/4/21- amended to remove the excise tax provisions
2/8/21- Passed the Senate; to the House
2/24/21- Referred to House Committee on Finance and Taxation
3/4/21 - heard in committee
3/9/21- Amended in committee and accepted by the house
4/9/21- Passed the Senate
4/14/21-became Eligible for the Governor’s signature.
4/16/21- Signed by Governor
Sent to Finance and Taxation Committee
1/19/21- Heard in Committee
2/4/21- amended to remove the excise tax provisions
2/8/21- Passed the Senate; to the House
2/24/21- Referred to House Committee on Finance and Taxation
3/4/21 - heard in committee
3/9/21- Amended in committee and accepted by the house
4/9/21- Passed the Senate
4/14/21-became Eligible for the Governor’s signature.
4/16/21- Signed by Governor
State:
North Dakota
Current/Proposed Tax:
Would increase the cigarette tax by $1.10 per pack.
Bill Numbers:
HB1403
Status:
1/18/21- Introduced and sent to Finance and Taxation Committee
2/9/21- Did not pass committee
2/9/21- Did not pass committee
State:
North Dakota
Current/Proposed Tax:
Would increase the cigarette tax by $1.00 per pack, cigar and pipe tobacco taxes by 64%, the snuff tax by $1.36 per ounce, and the chewing tobacco by $0.36 per ounce
Bill Numbers:
HB1422
Status:
1/18/21- Introduced and sent to Finance and Taxation Committee
2/9/21- Did not pass committee
2/9/21- Did not pass committee
State:
Ohio
Current/Proposed Tax:
Advocates pushed for an amendment to authorize counties with populations above 200,000 to tax cigarettes and OTP at 8% of wholesale
Bill Numbers:
HB110 (state budget bill)
Status:
6/28/21 House and Senate concurred—tax proposal not included—eligible for the Governor’s signature
State:
Oklahoma
Current/Proposed Tax:
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.
Bill Numbers:
HB1054
Status:
2/1/21- Introduced and referred to the Appropriations and Budget Committee
2/8/21-Considered and laid over in committee
2/15/21-Committee hearing Held; No action taken
2/19/21-Committee Hearing
5/27/21-Session Adjourned—Will Carryover
2/8/21-Considered and laid over in committee
2/15/21-Committee hearing Held; No action taken
2/19/21-Committee Hearing
5/27/21-Session Adjourned—Will Carryover
State:
Oklahoma
Current/Proposed Tax:
As amended, Imposes a tax on e-liquid at the rate of $.10 per milliliter.
Bill Numbers:
HB2876
Status:
2/1/21- Introduced
2/2/21-Referred to the Appropriations and Budget Committee
2/24/21-Committee Hearing Scheduled
2/25/21-Passed the House Appropriations and Budget Committee as amended
5/27/21-Session Adjourned—Will Carryover
2/2/21-Referred to the Appropriations and Budget Committee
2/24/21-Committee Hearing Scheduled
2/25/21-Passed the House Appropriations and Budget Committee as amended
5/27/21-Session Adjourned—Will Carryover
State:
Oregon
Current/Proposed Tax:
Raises the cigarette tax from $3.33 per pack by $0.34 per pack and imposes a corresponding floor tax, effective January 1, 2022
Bill Numbers:
HB2274
Status:
4/13/21-died by rule
State:
Tennessee
Current/Proposed Tax:
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
Bill Numbers:
HB113 (same as SB1279)
Status:
1/12/21 Introduced
2/24/21 Assigned to the Subcommittee on Agriculture and Natural Resources
5/5/21 General Assembly adjourned; bill carries over to 2022
2/24/21 Assigned to the Subcommittee on Agriculture and Natural Resources
5/5/21 General Assembly adjourned; bill carries over to 2022
State:
Tennessee
Current/Proposed Tax:
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
Bill Numbers:
SB1279 (Same as HB113)
Status:
2/11/21 Introduced
2/22/21 Referred to the Senate Commerce and Labor Committee
5/5/21 General Assembly adjourned; bill carries over to 2022
2/22/21 Referred to the Senate Commerce and Labor Committee
5/5/21 General Assembly adjourned; bill carries over to 2022
State:
Tennessee
Current/Proposed Tax:
Exempts smokeless nicotine products from the tax on tobacco products and cigarettes.
Bill Numbers:
SB143 (same as HB515)
Status:
1/13/21 Introduced
1/15/21 Referred to the Senate Finance, Ways and Means Committee
2/9/21 Referred to the Senate Finance, Ways and Means Sub-committee
3/18/21 Passed the Senate and House
3/23/21 Signed by the House Speaker and by the Senate Speaker
3/25/21 Transmitted to the Governor
3/31/21 Signed by the Governor—effective upon signing
1/15/21 Referred to the Senate Finance, Ways and Means Committee
2/9/21 Referred to the Senate Finance, Ways and Means Sub-committee
3/18/21 Passed the Senate and House
3/23/21 Signed by the House Speaker and by the Senate Speaker
3/25/21 Transmitted to the Governor
3/31/21 Signed by the Governor—effective upon signing
State:
Tennessee
Current/Proposed Tax:
Exempts smokeless nicotine products from the tax on tobacco products and cigarettes
Bill Numbers:
HB515 (same as SB143)
Status:
2/4/21 Introduced
2/10/21 Referred to the House Finance, Ways and Means Sub-committee
3/3/21 Committee hearing
3/9/21 Recommended for passage
3/10/21 Placed on Calendar and Rules Committee agenda
3/16/21 Committee hearing
3/18/21 Substituted by SB143
2/10/21 Referred to the House Finance, Ways and Means Sub-committee
3/3/21 Committee hearing
3/9/21 Recommended for passage
3/10/21 Placed on Calendar and Rules Committee agenda
3/16/21 Committee hearing
3/18/21 Substituted by SB143
State:
Texas
Current/Proposed Tax:
Imposes a sales tax of 5 cents per milliliter of vapor product sold and also imposes a use tax of 5 cents per milliliter of vapor product store used, or otherwise consumed in the state.
Bill Numbers:
HB211
Status:
1/12/21- Introduced
2/25/21-Referred to the House Ways and Means Committee
4/12/21-Committee Hearing Scheduled
4/14/21-Reported favorably from the House Ways and Means Committee
5/6/21-Placed on General State Calendar in the House
5/7/21-Passed House and moved to the Senate
Failed due to adjournment
2/25/21-Referred to the House Ways and Means Committee
4/12/21-Committee Hearing Scheduled
4/14/21-Reported favorably from the House Ways and Means Committee
5/6/21-Placed on General State Calendar in the House
5/7/21-Passed House and moved to the Senate
Failed due to adjournment
State:
Texas
Current/Proposed Tax:
Imposes a tax on the sale of electronic cigarettes. The tax rate is determined for the following year by the comptroller prior to December 1st of each calendar year. The comptroller must post the rate in the Texas Register. The comptroller must make the tax rate on e-cigarettes proportionate to the state excise tax rate imposed on cigarettes in Texas during the preceding state fiscal year by:(A) Determining the estimated mean price of 1,000 cigarettes on first sale in this state during the preceding state fiscal year, including the amount of the federal excise tax imposed on cigarettes and excluding the amount of the state excise tax imposed on cigarettes, using available data and generally accepted statistical methods in making that determination as necessary; (B) Dividing the state excise tax rate on cigarettes by the estimated mean price of 1,000 cigarettes on first sale in this state as determined under Paragraph (A); and (C) Converting the amount computed under Paragraph (B) into a percentage and rounding that percentage down to the nearest quarter percentage point.
SB216 also requires all retailers that sell electronic cigarettes in the state to obtain an e-cigarette retailer permit from the comptroller.
SB216 also requires all retailers that sell electronic cigarettes in the state to obtain an e-cigarette retailer permit from the comptroller.
Bill Numbers:
SB216
HB1523
HB1523
Status:
SB216:
1/12/21- Introduced
3/3/21-Referred to the Senate Finance Committee
HB1523:
2/2/21- Introduced
3/8/21- Referred to the House Ways and Means Committee
Failed due to adjournment
1/12/21- Introduced
3/3/21-Referred to the Senate Finance Committee
HB1523:
2/2/21- Introduced
3/8/21- Referred to the House Ways and Means Committee
Failed due to adjournment
State:
Texas
Current/Proposed Tax:
Imposes an excise tax on vapor products at a rate to be determined by the comptroller on December 1 of each year. Requires the comptroller to determine the rate by doing as follows: (1) determining the estimated mean price of 1,000 cigarettes on first sale in this state during the preceding state fiscal year, including the amount of the federal excise tax imposed on cigarettes and excluding the amount of the state excise tax imposed on cigarettes, using available data and generally accepted statistical methods in making that determination as necessary; (2) dividing the state excise tax rate on cigarettes by the estimated mean price of 1,000 cigarettes on first sale in the state; (3) converting the amount computed above into a percentage and rounding the percentage down to the nearest quarter percentage point. HB1255 also require vapor product retailers to obtain a license.
Bill Numbers:
HB1255
Status:
1/21/21- Introduced
3/4/21- Referred to the House Ways and Means Committee
Failed due to adjournment
3/4/21- Referred to the House Ways and Means Committee
Failed due to adjournment
State:
Texas
Current/Proposed Tax:
Imposes a tax on vapor products at the rate of 10 cents for each milliliter or fractional part of a milliliter of vapor product sold
Bill Numbers:
SB1711
Status:
3/11/21- Introduced
3/26/21-Referred to Senate Finance Committee
Failed due to adjournment
3/26/21-Referred to Senate Finance Committee
Failed due to adjournment
State:
Texas
Current/Proposed Tax:
Imposes a tax on e-cigarettes and nicotine products at the rate of 10% of the sales price.
Bill Numbers:
SB1712
Status:
3/11/21-Introduced
3/26/21-Referred to Senate Finance Committee
Failed due to adjournment
3/26/21-Referred to Senate Finance Committee
Failed due to adjournment
State:
Vermont
Current/Proposed Tax:
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
Bill Numbers:
H105
Status:
1/20/21 Introduced
1/21/21 Referred to the House Ways and Means Committee
1/21/21 Referred to the House Ways and Means Committee
State:
Virginia
Current/Proposed Tax:
Increases the tax on cigarettes to $1.50 per pack and increases tax on OTP by 29%, and creates a vapor tax of 39%
Bill Numbers:
HB1120
SB852
SB852
Status:
1/7/20-Introduced and referred to House/Senate Committee on Finance; 2/2/20-Carried over to 2021
Failed on adjournment
Failed on adjournment
State:
Washington
Current/Proposed Tax:
Changes the tax on vapor products from one based on the amount of nicotine per milliliter of solution to a tax imposed at 45% of the retail price and requires the tax to be disclosed on various advertising materials and consumer receipts and adds a 4.4% surcharge on the manufactured value of vapor products on manufacturers and distributors
Bill Numbers:
HB1550
Status:
2/27/21-introduced and assigned to House Committee on Finance
4/25/21-died on adjournment; pending carryover to 2022
4/25/21-died on adjournment; pending carryover to 2022
State:
West Virginia
Current/Proposed Tax:
Establishes different (lower) tobacco tax rates for certain border counties.
Bill Numbers:
HB2254
Status:
2/10/21 Introduced and referred to the House Health and Human Services Committee
4/10/21- Failed on adjournment
4/10/21- Failed on adjournment
State:
West Virginia
Current/Proposed Tax:
Increases the cigarette tax to $2.00 per pack; increases the tax on e-cigarette liquid to $1.00 per milliliter
Bill Numbers:
SB68
Status:
2/10//21 Introduced and Referred to the Senate Finance Committee
4/10/21- Failed on adjournment
4/10/21- Failed on adjournment
State:
West Virginia
Current/Proposed Tax:
Increases the cigarette tax to $2.25 per pack, increases the OTP tax to 19.5% of wholesale and increases the e-cigarette liquid tax to $0.75 per milliliter
Bill Numbers:
HB2027 (Governor’s proposal--same as SB600)
Status:
3/9/21 Introduced and referred to the House Finance Committee
4/10/21- Failed on adjournment
4/10/21- Failed on adjournment
State:
West Virginia
Current/Proposed Tax:
Increases the cigarette tax to $2.25 per pack, increases the OTP tax to 19.5% of wholesale and increases the e-cigarette liquid tax to $0.75 per milliliter
Bill Numbers:
SB600 (Governor’s proposal--same as HB2027)
Status:
3/9/21 Introduced and referred to the Senate Finance Committee
4/10/21- Failed on adjournment
4/10/21- Failed on adjournment
State:
West Virginia
Current/Proposed Tax:
Increases the cigarette tax to $2.20 per pack, increases the OTP tax to 19.5% of wholesale and increases the e-cigarette liquid tax to $0.35 per milliliter (original bill pertained to eliminating the state income tax—amended in the Senate Finance Committee oto include the tobacco taxes)
Bill Numbers:
HB3300
Status:
3/22/21 Originated in the House Finance Committee
3/23/21 Passed out of committee.
3/29/21 Passed the House.
3/30/21 Assigned to the Senate Finance Committee
4/1/21 Amended and reported as “do pass” from the committee.
4/6/21 reported from the Committee.
4/7/21 Passed the Senate.
4/10/21- Failed on adjournment
3/23/21 Passed out of committee.
3/29/21 Passed the House.
3/30/21 Assigned to the Senate Finance Committee
4/1/21 Amended and reported as “do pass” from the committee.
4/6/21 reported from the Committee.
4/7/21 Passed the Senate.
4/10/21- Failed on adjournment
State:
Wisconsin
Current/Proposed Tax:
Governor Evers budget proposal includes DHS public health campaign; age 21 to purchase; license requirement to sell vape products; prohibits vaping indoors and schools; adds vape to the 71% “Manufacturers List Price” ; little cigar definitions and “Manufacturers List Price” definition
Tobacco provisions removed with 5/6/21 Substitute Amendment.
Tobacco provisions removed with 5/6/21 Substitute Amendment.
Bill Numbers:
AB68
SB111
SB111
Status:
2/16/21- Introduced to legislature
4/6,7- Joint Committee on Finance Briefing
4/9, 21,22- Joint Committee on Finance Public Hearing
5/6/21- Assembly substitute amendment offered: Tobacco taxes have been removed.
6/28/21- Assembly consideration
6/29/21- Passed Assembly as amended
6/30/21- Passed Senate
7/1/21- Ordered Enrolled, Eligible for Governor
7/8/21- Action taken by Governor, bill enacted
4/6,7- Joint Committee on Finance Briefing
4/9, 21,22- Joint Committee on Finance Public Hearing
5/6/21- Assembly substitute amendment offered: Tobacco taxes have been removed.
6/28/21- Assembly consideration
6/29/21- Passed Assembly as amended
6/30/21- Passed Senate
7/1/21- Ordered Enrolled, Eligible for Governor
7/8/21- Action taken by Governor, bill enacted
State:
Wyoming
Current/Proposed Tax:
Increases the excise tax on cigarettes by $.24 per pack (from $.60 per pack to $.84 per pack) and also increases the tax on moist snuff by $.12 (from $.60 to $.72) for any amount of moist snuff up to 1 ounce plus a proportionate rate at the like rate on any fractional parts of more than 1 ounce.
Bill Numbers:
HB55
Status:
1/12/21- Introduced and referred to the House Revenue Committee
1/19/21- Committee Hearing Scheduled; 1/27/21- Passed the House Revenue Committee by a vote of 6-3
3/22/21-Died in House
1/19/21- Committee Hearing Scheduled; 1/27/21- Passed the House Revenue Committee by a vote of 6-3
3/22/21-Died in House
Self-Service Display Bans
State
Proposed Restrictions
Bill Numbers
Status
State:
Virginia
Proposed Restrictions:
Prohibits the sale of tobacco products through self-service vending machines, and prohibits tobacco sales within a certain number of feet of a youth-oriented facility
Bill Numbers:
HB1283
Status:
1/8/20-Introduced and referred to House Committee on Courts of Justice; 2/5/20-Carried over to 2021
Failed on adjournment
Failed on adjournment
Smoking Bans
State
Proposed Restrictions
Bill Numbers
Status
State:
Arizona
Proposed Restrictions:
Applies existing public smoking prohibitions to electronic smoking devices
Bill Numbers:
HB2415
HB2514
HB2514
Status:
HB2415-3/26/21-died by rule
HB2514-2/19/21-died by rule
HB2514-2/19/21-died by rule
State:
Arizona
Proposed Restrictions:
Allows local jurisdictions to prohibit smoking outside vacation rental properties
Bill Numbers:
HB2482
Status:
2/19/21-died by rule
State:
Hawaii
Proposed Restrictions:
Authorizes the governor to prohibit smoking in multi-unit residences during an emergency stay-at-home order
Bill Numbers:
SB553
Status:
Pending carryover to 2022
State:
Hawaii
Proposed Restrictions:
Prohibits smoking in enclosed areas of individual units of multiple unit residences or multifamily dwellings that share at least one common floor, wall, or ceiling with another unit
Bill Numbers:
SB729
Status:
Pending carryover to 2022
State:
Illinois
Proposed Restrictions:
Includes the use of electronic cigarettes in the Smoke Free Illinois Act.
Bill Numbers:
HB201
Status:
1/20/21- Introduced
1/22/21- Referred to the House Rules Committee
2/23/21-Assgined to the House Human Services Committee
3/2/21-Committee Hearing Scheduled
3/27/21- Re-referred to House Rules Committee
1/22/21- Referred to the House Rules Committee
2/23/21-Assgined to the House Human Services Committee
3/2/21-Committee Hearing Scheduled
3/27/21- Re-referred to House Rules Committee
State:
Iowa
Proposed Restrictions:
Would eliminate the exemption of gaming floors from the prohibitions of the Smokefree Air Act
Bill Numbers:
SF280
HB530
HB530
Status:
2/8/21- Introduced referred to Senate State Government Committee
2/15/21- Introduced in House and referred to House Committee on State Government
2021 Session adjourned—Carryover to 2022
2/15/21- Introduced in House and referred to House Committee on State Government
2021 Session adjourned—Carryover to 2022
State:
Mississippi
Proposed Restrictions:
Prohibits smoking in all enclosed public places
Bill Numbers:
HB245
Status:
1/18/21- Introduced and referred to the House Public Health and Human Services and additionally referred to the House Committee on Judiciary B
2/2/21- Died in Committee
2/2/21- Died in Committee
State:
Missouri
Proposed Restrictions:
Would include vape and e-cigarettes in the Clean Indoor Air Act and raise the age to purchase to 21 along with other modifications
Bill Numbers:
SB124
Status:
1/6/21-Introduced and referred to the Senate Seniors, Families Veterans, and Military Affairs Committee
1/27/21- Hearing Conducted
2/3/21- Voted to pass Committee
1/27/21- Hearing Conducted
2/3/21- Voted to pass Committee
State:
New Jersey
Proposed Restrictions:
Eliminates smoking ban exemption for casinos and simulcasting facilities
Bill Numbers:
A4541
Status:
8/10/20 Filed
8/13/20 Introduced and referred to the Assembly Health Committee
Failed due to adjournment
8/13/20 Introduced and referred to the Assembly Health Committee
Failed due to adjournment
State:
Oregon
Proposed Restrictions:
Extends smoking ban to common areas of commercial buildings and residential buildings of two or more units
Bill Numbers:
HB2621
Status:
4/13/21-died by rule
State:
Wisconsin
Proposed Restrictions:
Governor Evers budget proposal includes DHS public health campaign; age 21 to purchase; license requirement to sell vape products; prohibits vaping indoors and schools; adds vape to the 71% “Manufacturers List Price” ; little cigar definitions and “Manufacturers List Price” definition
Bill Numbers:
AB68
SB111
SB111
Status:
2/16/21- Introduced to legislature
4/6,7- Joint Committee on Finance Briefing
4/9, 21,22- Joint Committee on Finance Public Hearing
5/6/21- Assembly substitute amendment offered: Tobacco taxes have been removed.
6/28/21- Assembly consideration
6/29/21- Passed Assembly as amended
6/30/21- Passed Senate
7/1/21- Ordered Enrolled, Eligible for Governor
7/8/21- Action taken by Governor, bill enacted
4/6,7- Joint Committee on Finance Briefing
4/9, 21,22- Joint Committee on Finance Public Hearing
5/6/21- Assembly substitute amendment offered: Tobacco taxes have been removed.
6/28/21- Assembly consideration
6/29/21- Passed Assembly as amended
6/30/21- Passed Senate
7/1/21- Ordered Enrolled, Eligible for Governor
7/8/21- Action taken by Governor, bill enacted
Age Restriction
State
Proposed Restrictions
Bill Numbers
Status
State:
Alabama
Proposed Restrictions:
Increases the legal age to purchase tobacco and vapor products to 21 years of age; and contains provisions regarding to the advertising and marketing of tobacco and vapor products.
Bill Numbers:
HB273
Status:
2/2/21- Introduced and referred to the House Judiciary Committee
3/11/21-Reported favorably as substituted from the House Judiciary Committee
3/30/21-Passed House and moved to the Senate
4/22/21-Passed Senate Judiciary Committee
5/4/21-Passed Senate
5/6/21-Sent to Governor
5/17/21-Signed by Governor; Effective August 1, 2021
3/11/21-Reported favorably as substituted from the House Judiciary Committee
3/30/21-Passed House and moved to the Senate
4/22/21-Passed Senate Judiciary Committee
5/4/21-Passed Senate
5/6/21-Sent to Governor
5/17/21-Signed by Governor; Effective August 1, 2021
State:
Arizona
Proposed Restrictions:
Increases the minimum legal sales age, and minimum purchase, use and possession age of tobacco products, including electronic cigarettes, to 21 and provides for civil penalties for enterprises selling to underage persons
Bill Numbers:
HB2118
Status:
3/26/21 died by rule
State:
California
Proposed Restrictions:
Authorizes local jurisdictions to adopt ordinances prohibiting persons under 21 from possessing tobacco products
Bill Numbers:
AB422
Status:
4/30/21-died by rule; may carryover to 2022
State:
Florida
Proposed Restrictions:
Increases the legal age to purchase and possess tobacco and vapor products to 21 years of age and provides that the establishment of the minimum age for purchasing or possessing tobacco product or nicotine products and the regulation of the marketing, sale, or delivery of tobacco products or nicotine products is preempted to the state.
Bill Numbers:
HB987
Status:
3/2/21- Introduced and referred to the House Regulatory Reform Committee and additionally referred to the House Judiciary and House Commerce Committee
3/24/21-Passed the House Regulatory reform Committee as substituted
4/7/21-Reported favorably as substituted from the House State Administration & Technology Appropriations Subcommittee
4/22/21- Placed on Second Reading Calendar in the House
4/27/21-Laid on Table; Failed
3/24/21-Passed the House Regulatory reform Committee as substituted
4/7/21-Reported favorably as substituted from the House State Administration & Technology Appropriations Subcommittee
4/22/21- Placed on Second Reading Calendar in the House
4/27/21-Laid on Table; Failed
State:
Florida
Proposed Restrictions:
Increases the legal age to purchase and possess tobacco and vapor products to 21 years of age, requires nicotine product retailers to be licensed, and provides that the establishment of the minimum age for purchasing or possessing tobacco product or nicotine products and the regulation of the marketing, sale, or delivery of tobacco products or nicotine products is preempted to the state.
Bill Numbers:
SB1080
Status:
3/2/21-Introduced
3/9/21-Passed the Senate Regulated Industries Committee
3/24/21-Passed the Senate Health Policy Committee as substituted
3/30/21-Referred to the Senate Rules Committee
4/22/21-Placed on Second Reading Calendar in the Senate
4/26/21-Passed Senate and Moved to the House
4/28/21-Passed House
5/7/21-Moved to the Governor; Signed by the Governor; Effective October 1, 2021.
3/9/21-Passed the Senate Regulated Industries Committee
3/24/21-Passed the Senate Health Policy Committee as substituted
3/30/21-Referred to the Senate Rules Committee
4/22/21-Placed on Second Reading Calendar in the Senate
4/26/21-Passed Senate and Moved to the House
4/28/21-Passed House
5/7/21-Moved to the Governor; Signed by the Governor; Effective October 1, 2021.
State:
Hawaii
Proposed Restrictions:
As amended, prohibits retailers selling age-restricted products from requiring customers who have clearly reached the minimum age to disclose, including verbally, their date of birth
Bill Numbers:
SB1398
Status:
Pending carryover to 2022
State:
Idaho
Proposed Restrictions:
Amends existing law to raise the legal age to possess and use tobacco products and electronic smoking devices to 21 years of age.
Also provides that no local unit of government may adopt or enforce requirements for the regulation, marketing, or sale of tobacco products or electronic smoking devices that are more restrictive than or in addition to this chapter. No local unit of government may impose or enforce a tax or fee on tobacco products or electronic smoking devices. This subsection shall not be construed to prevent a local unit of government from regulating the public use of tobacco products or electronic smoking devices pursuant to section 39-5511, Idaho Code
Also provides that no local unit of government may adopt or enforce requirements for the regulation, marketing, or sale of tobacco products or electronic smoking devices that are more restrictive than or in addition to this chapter. No local unit of government may impose or enforce a tax or fee on tobacco products or electronic smoking devices. This subsection shall not be construed to prevent a local unit of government from regulating the public use of tobacco products or electronic smoking devices pursuant to section 39-5511, Idaho Code
Bill Numbers:
SB1087
Status:
2/10/21-Introduced
2/11/21-Referred to Senate State Affairs Committee
2/24/21- Passed the Senate State Affairs Committee
3/2/21-Passed House and moved to the Senate
3/10/21-Passed House Health and Welfare Committee
4/6/21-Failed to Pass House
2/11/21-Referred to Senate State Affairs Committee
2/24/21- Passed the Senate State Affairs Committee
3/2/21-Passed House and moved to the Senate
3/10/21-Passed House Health and Welfare Committee
4/6/21-Failed to Pass House
State:
Idaho
Proposed Restrictions:
Provides that no local unit of government may adopt or enforce requirements for the regulation, marketing, or sale of tobacco products or electronic smoking devices that are more restrictive than or in addition to this chapter; No local unit of government may impose or enforce a tax or fee on tobacco products or electronic smoking devices. This section shall not be construed to prevent a local unit of government from regulating the use of tobacco products or electronic smoking devices in any public place.
Bill Numbers:
HB363
Status:
4/8/21- Introduced
4/9/21-Passed House
4/12/21-Referred to Senate State Affairs Committee
4/9/21-Passed House
4/12/21-Referred to Senate State Affairs Committee
State:
Illinois
Proposed Restrictions:
Prohibits the possession of tobacco products and vapor products by a person under the age of 21.
Bill Numbers:
HB778
Status:
2/8/21-Introduced
2/10/21-Referred to the House Rules Committee.
3/2/21- Referred to the House Judiciary-Criminal Committee
3/16/21-Committee Hearing Scheduled
3/21/21- Assigned to Subcommittee on Sentencing, Penalties, and Criminal Procedures
3/27/21-Re-referred to the House Rules Committee
2/10/21-Referred to the House Rules Committee.
3/2/21- Referred to the House Judiciary-Criminal Committee
3/16/21-Committee Hearing Scheduled
3/21/21- Assigned to Subcommittee on Sentencing, Penalties, and Criminal Procedures
3/27/21-Re-referred to the House Rules Committee
State:
Illinois
Proposed Restrictions:
Prohibits the sale of vapor products by anyone under 21 years of age, prohibits the possession of vapor products by anyone under 21 years of age, and requires retailers to obtain a vapor products license from the Department of Revenue.
Bill Numbers:
SB2379
Status:
2/26/21-Introduced and referred to the Senate Assignments Committee
4/7/21-Referred to Senate Executive Committee
4/16/21-Re-referred to Assignments Committee
4/7/21-Referred to Senate Executive Committee
4/16/21-Re-referred to Assignments Committee
State:
Kansas
Proposed Restrictions:
Increases the legal age to purchase tobacco and vapor products to 21 years of age.
Bill Numbers:
HB2061
Status:
1/13/21- Introduced and referred to the House Federal and State Affairs Committee
2/2/21-Committee Hearing Cancelled
2/2/21-Committee Hearing Cancelled
State:
Kansas
Proposed Restrictions:
Increases the minimum age to purchase and possess cigarettes, electronic cigarettes, and tobacco products to 21 years of age
Bill Numbers:
HB2340
Status:
2/10/21-Introduced
2/11/21-Referred to the House Federal and State Affairs Committee
2/22/21-Committee Hearing Held;
3/1/21-Passed Committee
2/11/21-Referred to the House Federal and State Affairs Committee
2/22/21-Committee Hearing Held;
3/1/21-Passed Committee
State:
Louisiana
Proposed Restrictions:
Raises the minimum age for the prohibition of the distribution or sale of tobacco, alternative nicotine products, or vapor products from persons under the age of 18 to those under the age of 21.
Bill Numbers:
HB473
Status:
4/12/21-Introduced
4/29/21-Passed House Judiciary Committee
5/10/21-Passed House
5/12/21-Referred to Senate Committee on Judiciary B
5/25/21-Reported Favorably from the Senate Committee on Judiciary B
6/4/21-Placed on Senate Calendar for a final reading on 6/6/21
6/11/21-Moved to the Governor
6/16/21-Signed by the Governor—Effective August 1, 2021
4/29/21-Passed House Judiciary Committee
5/10/21-Passed House
5/12/21-Referred to Senate Committee on Judiciary B
5/25/21-Reported Favorably from the Senate Committee on Judiciary B
6/4/21-Placed on Senate Calendar for a final reading on 6/6/21
6/11/21-Moved to the Governor
6/16/21-Signed by the Governor—Effective August 1, 2021
State:
Michigan
Proposed Restrictions:
Prohibits the sale of synthetic or tobacco free nicotine to an individual under 21 and requires the product packaging to include a disclosure that the product is not regulated by the FDA
Bill Numbers:
HB4878
Status:
5/19/21-Introduced
5/20/21-Reported from the House Rules and Competitiveness Committee with substitute
6/3/21 Passed House as substituted and moved to the Senate
6/8/21-Referred to Senate Regulatory Reform Committee
5/20/21-Reported from the House Rules and Competitiveness Committee with substitute
6/3/21 Passed House as substituted and moved to the Senate
6/8/21-Referred to Senate Regulatory Reform Committee
State:
Mississippi
Proposed Restrictions:
Prohibits the sale or distribution of tobacco products to anyone under 21 years of age
Bill Numbers:
HB227
Status:
1/18/21- Introduced and referred to House Judiciary B Committee and additionally referred to the House Public Health and Human Services Committee
2/2/21-Died in Committee
2/2/21-Died in Committee
State:
Mississippi
Proposed Restrictions:
As amended, increases the minimum sales age to 21 years of age, requires every manufacturer of vapor products sold in the state to deliver an attestation to the attorney general certifying that the product was on the market as of August 9, 2016, and the manufacturer has applied for a marketing order for the product by submitting a PMTA to the U.S. FDA on or before September 9, 2020. Also requires the attorney general to develop a directory of all manufacturers of vapor products that deliver e-liquids and sell vapor products in the state.
Bill Numbers:
HB874
Status:
1/18/21-Introduced and referred to the Judiciary B Committee
2/1/21: passed Judiciary B Committee as substituted
2/10/21: committee substitute adopted on House Floor; Passed House and moved to the Senate
2/12/21-Transmitted to Senate
2/18/21-Referred to Senate Public Health and Welfare Committee and additionally referred to Senate Judiciary Committee, Division B
3/2/21- Died in Committee
2/1/21: passed Judiciary B Committee as substituted
2/10/21: committee substitute adopted on House Floor; Passed House and moved to the Senate
2/12/21-Transmitted to Senate
2/18/21-Referred to Senate Public Health and Welfare Committee and additionally referred to Senate Judiciary Committee, Division B
3/2/21- Died in Committee
State:
Missouri
Proposed Restrictions:
Would include vape and e-cigarettes in the Clean Indoor Air Act and raise the age to purchase to 21 along with other modifications
Bill Numbers:
SB124
Status:
1/6/21-Introduced and referred to the Senate Seniors, Families Veterans, and Military Affairs Committee
1/27/21- Hearing Conducted
2/3/21- Voted to pass Committee
Failed due to adjournment
1/27/21- Hearing Conducted
2/3/21- Voted to pass Committee
Failed due to adjournment
State:
Missouri
Proposed Restrictions:
Raises the age to purchase and possession of tobacco products from 18 to 21. It also includes a provision preempting localities from regulating the sales of tobacco products, alternative nicotine products and vapor products, however, the preemption does not apply to taxing the sale of those products.
Bill Numbers:
HB517
Status:
12/14/20- Prefiled for 2021
4/7/21- Public Hearing Scheduled- bill not heard
4/21/21- Passed Downsizing Government Committee
Failed due to adjournment
4/7/21- Public Hearing Scheduled- bill not heard
4/21/21- Passed Downsizing Government Committee
Failed due to adjournment
State:
Missouri
Proposed Restrictions:
Prohibits the sale of flavored tobacco products, adds a definition of vape products to tobacco products thus making it subject to the 10% Manufacturers Invoice Price and raises the age to purchase to 21.
Bill Numbers:
HB868
Status:
1/25/21- Introduced
Failed due to adjournment
Failed due to adjournment
State:
Missouri
Proposed Restrictions:
Liquor Bill that has been amended to raise the age to purchase and possession of tobacco products from 18 to 21. It also includes a provision preempting localities from regulating the sales of tobacco products, alternative nicotine products and vapor products
Bill Numbers:
SB283
Status:
5/4/21- Amended in the House to include tobacco regulations
5/6/21- Passed Committee on Rules -Legislative Oversight
5/13/21- Passed Committee on Fiscal Review
Failed due to adjournment
5/6/21- Passed Committee on Rules -Legislative Oversight
5/13/21- Passed Committee on Fiscal Review
Failed due to adjournment
State:
Nevada
Proposed Restrictions:
As amended, increases the minimum legal sales age to 21, reduces penalties for retail clerks making illegal sales to underage persons and regulates remote sales of tobacco products
Bill Numbers:
AB59
Status:
5/27/21-signed by Governor
Age 21 effective 5/27/21
Remote sales effective July 1, 2021
Age 21 effective 5/27/21
Remote sales effective July 1, 2021
State:
North Dakota
Proposed Restrictions:
prohibits an individual under twenty-one years of age from purchasing, possessing, or using tobacco products or electronic smoking devices
Bill Numbers:
SB2156
Status:
1/8/21-Introduced
1/13/21- Heard in Judiciary Committee- no action
1/18/21-Passed the Senate
2/19/21- Referred to House Committee on Judiciary
3/9/21- Withdrawn from Judiciary and referred to committee on Political Subdivisions
3/19/21- Passed Political Subdivision Committee
3/23/21- Passed the House and sent to the Governor
3/30/21- Signed by the Governor
1/18/21-Passed the Senate
2/19/21- Referred to House Committee on Judiciary
3/9/21- Withdrawn from Judiciary and referred to committee on Political Subdivisions
3/19/21- Passed Political Subdivision Committee
3/23/21- Passed the House and sent to the Governor
3/30/21- Signed by the Governor
State:
Oklahoma
Proposed Restrictions:
Clarifies that an individual must be 21 years or older to purchase, receive, possess or use nicotine products
Bill Numbers:
HB2674
Status:
5/27/21-Sent to Governor
5/28/21-Signed by Governor
5/28/21-Signed by Governor
State:
South Carolina
Proposed Restrictions:
Increases the legal age to purchase and possess tobacco products and alternative nicotine products to 21 years of age.
Bill Numbers:
HB3303
Status:
12/9/20- Prefiled and assigned to the House Judiciary Committee
State:
Utah
Proposed Restrictions:
Makes minor technical corrections, primarily prohibiting sale of alternative or nontherapeutic nicotine products to persons under 21.
Bill Numbers:
SB1003 (First Special Session)
Status:
5/28/21-signed by the Governor
Effective 5/28/21
Effective 5/28/21
State:
Virginia
Proposed Restrictions:
Prohibits any person from selling any tobacco product at retail without first obtaining a license from the Alcoholic Beverage Control Authority (the Authority). The bill also includes nicotine vapor products in the under age 21 sales restrictions and removes the exception allowing the sale of tobacco products to active-duty military personnel age 18 and older
Bill Numbers:
HB2164
Status:
1/12/21 Introduced and referred to the House General Laws Committee
1/24/21 Assigned to the GL sub. Committee on ABC / Gaming
1/26/21 Subcommittee recommends reporting out and referring to the House Appropriations committee
1/28/21Reported from General Laws and referred to the Appropriations Committee
Failed on adjournment
1/24/21 Assigned to the GL sub. Committee on ABC / Gaming
1/26/21 Subcommittee recommends reporting out and referring to the House Appropriations committee
1/28/21Reported from General Laws and referred to the Appropriations Committee
Failed on adjournment
State:
Wisconsin
Proposed Restrictions:
Governor Evers budget proposal includes DHS public health campaign; age 21 to purchase; license requirement to sell vape products; prohibits vaping indoors and schools; adds vape to the 71% “Manufacturers List Price” ; little cigar definitions and “Manufacturers List Price” definition
Bill Numbers:
AB68
SB111
SB111
Status:
2/16/21- Introduced to legislature
4/6,7- Joint Committee on Finance Briefing
4/9, 21,22- Joint Committee on Finance Public Hearing
5/6/21- Assembly substitute amendment offered: Tobacco taxes have been removed.
6/28/21- Assembly consideration
6/29/21- Passed Assembly as amended
6/30/21- Passed Senate
7/1/21- Ordered Enrolled, Eligible for Governor
7/8/21- Action taken by Governor, bill enacted
4/6,7- Joint Committee on Finance Briefing
4/9, 21,22- Joint Committee on Finance Public Hearing
5/6/21- Assembly substitute amendment offered: Tobacco taxes have been removed.
6/28/21- Assembly consideration
6/29/21- Passed Assembly as amended
6/30/21- Passed Senate
7/1/21- Ordered Enrolled, Eligible for Governor
7/8/21- Action taken by Governor, bill enacted
State:
Wisconsin
Proposed Restrictions:
Raises the age for purchasing cigarettes, tobacco products, or nicotine products from 18 to 21.
Bill Numbers:
AB348
SB355
SB355
Status:
5/25/21- Introduced in the Senate and referred to the Judiciary and Public Safety Committee
5/27/21- Introduced in the House and referred to the Substance Abuse and Prevention Committee
7/15/21- Hearing held in Senate Judiciary and Public Safety, an amendment was adopted to regulate the placement of “cigarettes, nicotine products, tobacco products, or vapor products only in locations that are inaccessible to customers without the assistance of the retailer or the retailer's employee or agent”
Senate Amendment 1 referenced above, was not adopted
9/9/21 (SB355) Committee hearing
9/16/21 (SB355) Reported from committee—available to be taken up by the full Senate
9/30/21 (AB348) Committee hearing
5/27/21- Introduced in the House and referred to the Substance Abuse and Prevention Committee
7/15/21- Hearing held in Senate Judiciary and Public Safety, an amendment was adopted to regulate the placement of “cigarettes, nicotine products, tobacco products, or vapor products only in locations that are inaccessible to customers without the assistance of the retailer or the retailer's employee or agent”
Senate Amendment 1 referenced above, was not adopted
9/9/21 (SB355) Committee hearing
9/16/21 (SB355) Reported from committee—available to be taken up by the full Senate
9/30/21 (AB348) Committee hearing
Internet/Mail Restrictions/Misc.
State
Proposed Restrictions
Bill Numbers
Status
State:
Illinois
Proposed Restrictions:
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
Bill Numbers:
SB1724
Status:
2/26/21-Introduced
3/9/21- Referred to the Senate Executive Committee
3/17/21-Committee Hearing Scheduled; Not Heard
3/24/21-Subject Matter Hearing; Assigned to Executive-Tobacco Subcommittee
4/16/21-Re-referred to Senate Assignments Committee
3/9/21- Referred to the Senate Executive Committee
3/17/21-Committee Hearing Scheduled; Not Heard
3/24/21-Subject Matter Hearing; Assigned to Executive-Tobacco Subcommittee
4/16/21-Re-referred to Senate Assignments Committee
State:
Kentucky
Proposed Restrictions:
Removes employment protections for individuals who use tobacco products
Bill Numbers:
SB258
Status:
2/22/21 Introduced and referred to the Senate Committee on Committees
2/24/21 Referred to the Senate Judiciary Committee
3/30/21 Failed on adjournment
2/24/21 Referred to the Senate Judiciary Committee
3/30/21 Failed on adjournment
State:
Louisiana
Proposed Restrictions:
Amends the definition of smokeless tobacco to exclude any product which includes nicotine if the product does not contain any other substance considered to be smokeless tobacco. The measure excludes these types of products from the 20% tax imposed on smokeless tobacco.
Bill Numbers:
HB525
Status:
4/12/21-Introduced
5/3/21-Passed House Ways and Means Committee
5/11/21-Passed House and moved to the Senate
5/13/21-Referred to the Senate Revenue and Fiscal Affairs Committee
5/20/21-Considered in Committee
5/3/21-Passed House Ways and Means Committee
5/11/21-Passed House and moved to the Senate
5/13/21-Referred to the Senate Revenue and Fiscal Affairs Committee
5/20/21-Considered in Committee
State:
Massachusetts
Proposed Restrictions:
Relates to tobacco harm reduction—exempt from the flavor ban any tobacco product that receives an order from the US FDA
Bill Numbers:
HB2237
Status:
2/1/21 Filed
3/29/21 Referred to the Joint Committee on Public Health
11/3/21 Committee Hearing
3/29/21 Referred to the Joint Committee on Public Health
11/3/21 Committee Hearing
State:
Massachusetts
Proposed Restrictions:
Exempts from the flavor ban any tobacco product that receives an order from the US FDA
Bill Numbers:
SB2483 (filed as SD2592)
Status:
4/21/21 Filed
5/20/21 Referred to the Joint Committee on Public Health
6/24/21 House concurred
11/3/21 Committee Hearing
5/20/21 Referred to the Joint Committee on Public Health
6/24/21 House concurred
11/3/21 Committee Hearing
State:
Massachusetts
Proposed Restrictions:
Creates a commission to investigate Massachusetts’ minimum pricing laws (including those on cigarettes)
Bill Numbers:
HB3711
Status:
5/6/21 Introduced and referred to the Joint Committee on Consumer Protection and Professional Licensure
8/2/21 Committee hearing
11/8/21 Reported favorably from committee
8/2/21 Committee hearing
11/8/21 Reported favorably from committee
State:
Michigan
Proposed Restrictions:
Modifies provisions related to the delivery sale of tobacco products to ensure that the individual who is receiving the tobacco products is 21 years of age or older.
Bill Numbers:
SB576
Status:
6/24/21-Introduced and referred to the Senate Regulatory Reform Committee
State:
North Dakota
Proposed Restrictions:
prohibits the shipping of tobacco products and vapor products to any consumer and require the sale of tobacco products and vapor products to be made by face-to-face over-the-counter retail sales transactions.
Bill Numbers:
SB2190
Status:
1/12/21- Introduced and sent to the Industry, Business and Labor Committee
1/20/21- Heard in Committee
1/26/20- Failed in the Senate
1/20/21- Heard in Committee
1/26/20- Failed in the Senate
State:
Ohio
Proposed Restrictions:
Regards cigarette minimum pricing by making clarifications to current law
Bill Numbers:
SB40
Status:
2/3/21 Referred to the Senate Ways and Means Committee
4/28/21 Reported favorably from committee
5/5/21 Passed the Senate
5/11/21 Referred to the House Ways and Means Committee
6/23/21 Reported favorably from committee
6/24/21 Passed the House
4/28/21 Reported favorably from committee
5/5/21 Passed the Senate
5/11/21 Referred to the House Ways and Means Committee
6/23/21 Reported favorably from committee
6/24/21 Passed the House
State:
Oklahoma
Proposed Restrictions:
Provides that beginning July 1, 2022, every manufacturer of a vapor product that is sold or intended to be sold in this state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, shall execute and deliver an attestation under penalty of perjury to the Oklahoma Alcoholic Beverage Laws Enforcement (ABLE) Commission certifying that, as of the date of such attestation: 1. The vapor product was available for purchase in the United States as of August 8, 2016, and the manufacturer has applied for a marketing order for the vapor product by submitting a Premarket Tobacco Product Application on or before September 9, 2020, to the United States Food and Drug Administration (FDA); or 2. The manufacturer has received a marketing order or other authorization for the vapor product from the FDA pursuant to Section 387j of Title 21 of the United States Code. B. The manufacturer shall notify the ABLE Commission within thirty (30) days of any material change to the attestation, including whether the FDA has issued or not issued a market order or other authorization or has ordered the manufacturer to remove the vapor product, either temporarily or permanently, from the United States market
Bill Numbers:
HB2511
Status:
3/11/21-Passed House and moved to the Senate
3/17/21-Referred to the Senate Health and Human Services Committee
4/5/21-Passed the Senate Health and Human Services Committee
4/19/21- Passed Senate
4/20/21-Eligible for Governor
4/23/21-Signed by Governor; Effective November 1, 2021
3/17/21-Referred to the Senate Health and Human Services Committee
4/5/21-Passed the Senate Health and Human Services Committee
4/19/21- Passed Senate
4/20/21-Eligible for Governor
4/23/21-Signed by Governor; Effective November 1, 2021
State:
Oklahoma
Proposed Restrictions:
As substituted, now modifies several definitions, including “tobacco products” and adds several definitions which include “smokeless tobacco”, “snuff”, “chewing tobacco”, “smoking tobacco”, “pipe tobacco”, and “roll-your-own tobacco”, and conforms statutory language to the new definitions.
Bill Numbers:
SB1078
Status:
5/20/21-Sent to Governor
5/24/21- Signed by Governor; Effective May 24, 2021
5/24/21- Signed by Governor; Effective May 24, 2021
State:
Oregon
Proposed Restrictions:
Prohibits remote sales of vapor products
Bill Numbers:
HB2261
Status:
6/8/21-signed by Governor
(effective 1/1/22)
(effective 1/1/22)
State:
West Virginia
Proposed Restrictions:
Repeals the provision that prohibits employers from discriminating for use of tobacco products
Bill Numbers:
HB2519
Status:
2/15/21 Introduced and referred to the House Health and Human Services Committee
4/10/21 Failed on adjournment
4/10/21 Failed on adjournment
Flavored Cigars/Tobacco
State
Proposed Restrictions
Bill Numbers
Status
State:
Connecticut
Proposed Restrictions:
Prohibits the sale of flavored cigarettes, tobacco products, nicotine delivery systems and vapor products.
Bill Numbers:
SB113
Status:
1/12/21 Introduced and referred to the Joint Committee on Public Health
4/7/21 Failed Joint and Favorable deadline
4/7/21 Failed Joint and Favorable deadline
State:
Connecticut
Proposed Restrictions:
Prohibits the sale of flavored cigarettes, tobacco products, electronic nicotine delivery systems and vapor products (full text not available)
Bill Numbers:
HB5582
Status:
1/25/21 Introduced
1/26/21 Referred to the Joint Public Health Committee
4/7/21 Failed Joint and Favorable deadline
1/26/21 Referred to the Joint Public Health Committee
4/7/21 Failed Joint and Favorable deadline
State:
Connecticut
Proposed Restrictions:
Committee substitute: bans the sale of ENDS and vapor products with a flavoring agent other than tobacco—exempts MRT products and products with a PMTA—caps nicotine at 35mg /ml
Bill Numbers:
SB326
Status:
1/25/21 Introduced and referred to the Joint Public Health Committee
2/1/21 Committee hearing
2/8/21 Re-scheduled committee hearing due to weather cancellation
3/5/21 Reported favorably from the Joint Public Health Committee
4/28/21 Referred to the
Joint Committee on Finance, Revenue and Bonding
5/3/21 Substituted and passed the FRB Committee
5/12/21 Reissued by the LCO with file no. 682
6/9/21 General Assembly adjourned sine die
2/1/21 Committee hearing
2/8/21 Re-scheduled committee hearing due to weather cancellation
3/5/21 Reported favorably from the Joint Public Health Committee
4/28/21 Referred to the
Joint Committee on Finance, Revenue and Bonding
5/3/21 Substituted and passed the FRB Committee
5/12/21 Reissued by the LCO with file no. 682
6/9/21 General Assembly adjourned sine die
State:
Connecticut
Proposed Restrictions:
Prohibits the sale of flavored tobacco products and the sale of all tobacco products in pharmacies (full text not available)
Bill Numbers:
HB6009
Status:
1/28/21 Introduced and referred to the Joint Public Health Committee
4/7/21 Failed Joint and Favorable deadline
4/7/21 Failed Joint and Favorable deadline
State:
Connecticut
Proposed Restrictions:
Prohibits the sale of flavored ENDS and vapor products (includes menthol)—caps nicotine at 35 mg/ml—increases penalties for violations
Bill Numbers:
HB6450 (Governor’s budget bill on public health)
Status:
2/10/21 Introduced
2/11/21 Referred to the Joint Public Health Committee
3/3/21 Committee hearing
3/12/21 On committee agenda—reported favorably from the committee
4/1/21 Reported from the LCO
2/11/21 Referred to the Joint Public Health Committee
3/3/21 Committee hearing
3/12/21 On committee agenda—reported favorably from the committee
4/1/21 Reported from the LCO
State:
Connecticut
Proposed Restrictions:
Directed the Commissioner of Public Health to conduct a study to determine if policy and procedural changes would improve the health of children.
Committee substitute: Prohibits the sale of flavored ENDS and vapor products (includes menthol)—exempts age 21 restricted establishments
Committee substitute: Prohibits the sale of flavored ENDS and vapor products (includes menthol)—exempts age 21 restricted establishments
Bill Numbers:
SB985
Status:
3/3/21 Introduced and referred to the Joint Committee on Children
3/15/21 Reported favorably from committee with substitute.
3/30/21 Reported from the Legislative Commissioner’s Office
4/28/21 Referred to the Joint Committee on Finance, Revenue and Bonding
3/15/21 Reported favorably from committee with substitute.
3/30/21 Reported from the Legislative Commissioner’s Office
4/28/21 Referred to the Joint Committee on Finance, Revenue and Bonding
State:
Hawaii
Proposed Restrictions:
Bans the sale of flavored tobacco products and prohibits mislabeling of e-liquids containing nicotine
Bill Numbers:
HB992
SB1146
SB1146
Status:
Pending carryover to 2022
State:
Hawaii
Proposed Restrictions:
Bans the sale of all flavored products, including heat-not-burn products, and includes heat-not-burn products in the prohibition of sales to persons under 21
Bill Numbers:
HB1327
Status:
Pending carryover to 2022
State:
Illinois
Proposed Restrictions:
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.
Bill Numbers:
SB699
Status:
2/25/21-Introduced and referred to the Senate Committee on Assignments
3/16/21-Assigned to Executive Committee
3/24/21-Assigned to Executive-Tobacco Subcommittee
4/16/21-Re-referred to Senate Assignments Committee
3/16/21-Assigned to Executive Committee
3/24/21-Assigned to Executive-Tobacco Subcommittee
4/16/21-Re-referred to Senate Assignments Committee
State:
Illinois
Proposed Restrictions:
Prohibits the sale of flavored electronic cigarettes (exempts the flavors of tobacco and menthol).
Bill Numbers:
SB2282
HB4050
HB4050
Status:
SB2282
2/26/21-Introduced and referred to the Senate Committee on Assignments
4/7/21-Referred to Senate Executive Committee
4/16/21- Re-referred to Senate Assignments Committee
HB4050
3/12/21-Introduced
3/17/21-Referred to the House Rules Committee
2/26/21-Introduced and referred to the Senate Committee on Assignments
4/7/21-Referred to Senate Executive Committee
4/16/21- Re-referred to Senate Assignments Committee
HB4050
3/12/21-Introduced
3/17/21-Referred to the House Rules Committee
State:
Indiana
Proposed Restrictions:
Prohibits the sale of flavored e-liquid
Bill Numbers:
SB45
Status:
12/28/20 Pre-filed for 2021
1/4/21 Introduced and referred to the Senate Health and Provider Services Committee
1/4/21 Introduced and referred to the Senate Health and Provider Services Committee
State:
Indiana
Proposed Restrictions:
Prohibits the sale of flavored tobacco products (including menthol), e-liquid and component parts, including cigarettes, electronic cigarettes and smokeless tobacco.
Bill Numbers:
HB1076
Status:
12/30/20 Pre-filed for 2021
1/4/21 Introduced and referred to the House Public Policy Committee
1/4/21 Introduced and referred to the House Public Policy Committee
State:
Kansas
Proposed Restrictions:
Prohibits the sale of flavored vapor products (exempts tobacco and menthol)
Bill Numbers:
HB2061
Status:
1/13/21- Introduced and referred to the House Federal and State Affairs Committee
2/2/21-Committee Hearing
2/2/21-Committee Hearing
State:
Maine
Proposed Restrictions:
Prohibits the sale of all flavored tobacco products and ENDS (includes menthol products)
Bill Numbers:
HP1155
LD1550 (filed as LR1006)
LD1550 (filed as LR1006)
Status:
4/20/21 Assigned to the Joint Committee on Health and Human Services
5/7/21 Committee hearing
5/12/21 Work session held
6/14/21 Reported out of committee with divided reports
7/19/21 Carried over—legislature adjourned sine die
5/7/21 Committee hearing
5/12/21 Work session held
6/14/21 Reported out of committee with divided reports
7/19/21 Carried over—legislature adjourned sine die
State:
Maine
Proposed Restrictions:
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
Bill Numbers:
LD1693
H.P. 1258
H.P. 1258
Status:
5/6/21 Introduced and referred to the Joint Committee on Health and Human Services
5/21/21 Carry over request for 2022
6/3/21 Carry over approved
7/19/21 Carried over—legislature adjourned sine die
5/21/21 Carry over request for 2022
6/3/21 Carry over approved
7/19/21 Carried over—legislature adjourned sine die
State:
Maine
Proposed Restrictions:
Amended version did not include flavor ban language
Bill Numbers:
LD221
H.P. 156 (Governor’s budget changes)
H.P. 156 (Governor’s budget changes)
Status:
5/20/21 Hearing in the Joint Committee on Appropriations and Financial Affairs
6/11/21 Work session—tabled
6/29/21 Reported out of committee as “ought to pass as amended”
6/11/21 Work session—tabled
6/29/21 Reported out of committee as “ought to pass as amended”
State:
Maryland
Proposed Restrictions:
Prohibits the sale of flavored tobacco products and electronic smoking devices (includes menthol, mint and wintergreen).
Bill Numbers:
HB134 (cross-field with SB177)
Status:
1/13/21 Introduced and referred to the House Economic Matters Committee and the House Health and Government Operations Committee
2/10/21 Hearing in House Economic Matters Committee
4/12/21 Failed on adjournment
4/12/21 Failed on adjournment
State:
Maryland
Proposed Restrictions:
Prohibits the sale of flavored tobacco products and electronic smoking devices (includes menthol, mint and wintergreen).
Bill Numbers:
SB177 (cross-field with HB134)
Status:
1/13/21 Introduced and referred to the Senate Finance Committee and Senate Budget and Taxation Committee
1/28/21 Hearing scheduled in the Senate Finance Committee
4/12/21 Failed on adjournment
1/28/21 Hearing scheduled in the Senate Finance Committee
4/12/21 Failed on adjournment
State:
Massachusetts
Proposed Restrictions:
Repeals the state menthol ban on tobacco products (except for electronic nicotine delivery systems)
Bill Numbers:
HB2406 (same as SB1433)
Status:
2/12/21 Prefiled
3/29/21 Referred to the Joint Committee on Public Health
11/3/21 Committee hearing
3/29/21 Referred to the Joint Committee on Public Health
11/3/21 Committee hearing
State:
Massachusetts
Proposed Restrictions:
Repeals the state menthol ban on tobacco products (except for electronic nicotine delivery systems)
Bill Numbers:
SB1433(same as HB2406)
Status:
2/12/21 Prefiled
3/29/21 Referred to the Joint Committee on Public Health
11/3/21 Committee hearing
3/29/21 Referred to the Joint Committee on Public Health
11/3/21 Committee hearing
State:
Massachusetts
Proposed Restrictions:
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”
Bill Numbers:
SB1373 (filed as SD1106)
Status:
2/11/21 Filed
3/29/21 Referred to the Joint Committee on Public Health
11/3/21 Committee hearing
3/29/21 Referred to the Joint Committee on Public Health
11/3/21 Committee hearing
State:
Minnesota
Proposed Restrictions:
Prohibits the sale of all flavored tobacco products. (includes menthol, mint and wintergreen).
Bill Numbers:
HF904
SF 1271
SF 1271
Status:
2/8/21- Introduced in the House and sent to the Health Finance and Policy Committee
2/17/21- Hearing held in Preventative Health Policy Division; approved and referred back to Health Finance and Policy Committee
2/22/21- Introduced in Senate and referred to Health and Human Services Finance and Policy Committee
2021 Session adjourned—carryover to 2022
2/17/21- Hearing held in Preventative Health Policy Division; approved and referred back to Health Finance and Policy Committee
2/22/21- Introduced in Senate and referred to Health and Human Services Finance and Policy Committee
2021 Session adjourned—carryover to 2022
State:
Missouri
Proposed Restrictions:
Prohibits the sale of flavored tobacco products, adds a definition of vape products to tobacco products thus making it subject to the 10% Manufacturers Invoice Price and raises the age to purchase to 21.
Bill Numbers:
HB868
Status:
1/25/21- Introduced
Failed due to adjournment
Failed due to adjournment
State:
New Jersey
Proposed Restrictions:
Prohibits the sale of menthol cigarettes
Bill Numbers:
A964
Status:
1/14/20 Introduced and referred to the Assembly Health Committee
State:
New Jersey
Proposed Restrictions:
Prohibits the sale of menthol cigarettes
Bill Numbers:
S514
Status:
1/14/20 Introduced and referred to the Senate Health, Human Services and Senior Citizens Committee
3/16/20 Committee hearing
3/16/20 Committee hearing--cancelled
3/16/20 Committee hearing
3/16/20 Committee hearing--cancelled
State:
New Jersey
Proposed Restrictions:
Prohibits the sale of menthol cigarettes and flavored electronic smoking devices
Bill Numbers:
A966
Status:
1/14/20 Introduced and referred to the Assembly Health Committee
State:
New Jersey
Proposed Restrictions:
Prohibits the sale of flavored cigars
Bill Numbers:
A983
Status:
1/14/20 Introduced and referred to the Assembly Health Committee
State:
New Jersey
Proposed Restrictions:
Prohibits the sale of menthol cigarettes
Bill Numbers:
A5795
Status:
5/20/21 Filed
State:
New Mexico
Proposed Restrictions:
Prohibits the sale of all flavored tobacco products
Bill Numbers:
HB205
Status:
1/28/21- Introduced and referred to the House Health and Human Services Committee and additionally referred to the House Commerce and Economic Development Committee
2/22/21- Passed the Health and Human Services Committee
3/1/21-Will be considered in the House Commerce and Economic Development Committee
3/3/21-Tabled in Committee; Could be brought back for further consideration
3/20/21- Failed due to adjournment
2/22/21- Passed the Health and Human Services Committee
3/1/21-Will be considered in the House Commerce and Economic Development Committee
3/3/21-Tabled in Committee; Could be brought back for further consideration
3/20/21- Failed due to adjournment
State:
New York
Proposed Restrictions:
Prohibits the sale and distribution of flavored tobacco products and accessories (includes menthol)
Bill Numbers:
S84 (same as A3499)
Status:
12/18/20 Prefiled
1/6/21 Introduced and referred to the Senate Health Committee
1/6/21 Introduced and referred to the Senate Health Committee
State:
New York
Proposed Restrictions:
Prohibits the sale and distribution of flavored tobacco products and accessories (includes menthol)
Bill Numbers:
A3499 (same as S84)
Status:
1/27/21 Introduced and referred to the Assembly Health Committee
State:
New York
Proposed Restrictions:
Prohibits the sale of flavored smokeless tobacco within 500 feet of a public or private school
Bill Numbers:
A1887 (same as S1021)
Status:
1/11/21 Introduced and referred to the Assembly Health Committee
State:
New York
Proposed Restrictions:
Prohibits the sale of flavored smokeless tobacco within 500 feet of a public or private school
Bill Numbers:
S1021 (same as A1887)
Status:
1/6/21 Introduced and referred to the Senate Health Committee
State:
New York
Proposed Restrictions:
Prohibits the sale of flavored nicotine pouches
Bill Numbers:
A679
Status:
1/4/21 Pre-filed
1/6/21 Referred to the Assembly Health Committee
4/27/21 Committee hearing
1/6/21 Referred to the Assembly Health Committee
4/27/21 Committee hearing
State:
New York
Proposed Restrictions:
Prohibits the sale and distribution of flavored tobacco products and accessories (excludes menthol, mint and wintergreen)
Bill Numbers:
A4374
Status:
2/4/21 Introduced and referred to the Assembly Health Committee
State:
New York
Proposed Restrictions:
Prohibits the sale of flavored self-contained, disposable vapor products
Bill Numbers:
S5098
Status:
2/23/21 Introduced and referred to the Senate Health Committee
State:
New York
Proposed Restrictions:
Repeals the exemption for flavored vapor products authorized by the FDA to be legally marketed and that has received a premarket review approval order
Bill Numbers:
A6342
Status:
3/16/21 Introduced and referred to the Assembly Health Committee
3/24/21 Amended and recommitted to the Health Committee
3/24/21 Amended and recommitted to the Health Committee
State:
Oregon
Proposed Restrictions:
Effective January 1, 2022, prohibits the sale of flavored tobacco and vapor products and prohibits remote sales of all vapor products
Bill Numbers:
HB2148
Status:
4/13/21-died by rule
State:
Rhode Island
Proposed Restrictions:
Bans the sale of flavored nicotine delivery systems—includes menthol
Bill Numbers:
S938
Status:
5/27/21 Introduced and referred to the Senate Judiciary Committee
6/29/21 Committee Hearing—no vote taken
6/29/21 Committee Hearing—no vote taken
State:
Rhode Island
Proposed Restrictions:
Bans the sale of flavored tobacco products and ENDS
Bill Numbers:
H6396
Status:
6/4/21 Introduced and referred to the House Health and Human Services Committee
6/29/21 Committee hearing— recommended the measure be held for further study
6/29/21 Committee hearing— recommended the measure be held for further study
State:
Texas
Proposed Restrictions:
Prohibits the sale or distribution of flavored tobacco products or vapor products
Bill Numbers:
SB440
Status:
1/26/21- Introduced
3/9/21-Referred to Senate State Affairs Committee
Failed due to adjournment
3/9/21-Referred to Senate State Affairs Committee
Failed due to adjournment
State:
Texas
Proposed Restrictions:
Prohibits the sale of all flavored tobacco products
Bill Numbers:
SB836
HB3842
HB3842
Status:
SB836
2/26/21-Introduced
3/11/21-Referred to the Senate State Affairs Committee
HB3842
3/11/21- Introduced
3/23/21-Referred to the House Public Health Committee
Failed due to adjournment
2/26/21-Introduced
3/11/21-Referred to the Senate State Affairs Committee
HB3842
3/11/21- Introduced
3/23/21-Referred to the House Public Health Committee
Failed due to adjournment
State:
Vermont
Proposed Restrictions:
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.
Bill Numbers:
S24
Status:
1/13/21 Introduced and referred to the Senate Economic Development, Housing and General Affairs Committee
1/28/21 Committed to the Senate Health and Welfare Committee
2/11/21 Committee “walk through”
2/24/21 Committee hearing
3/10/21 Committee hearing
3/12/21 Passed Senate Health and Welfare and was committed to Senate Economic Development, Housing and General Affairs Committee
1/28/21 Committed to the Senate Health and Welfare Committee
2/11/21 Committee “walk through”
2/24/21 Committee hearing
3/10/21 Committee hearing
3/12/21 Passed Senate Health and Welfare and was committed to Senate Economic Development, Housing and General Affairs Committee
State:
Vermont
Proposed Restrictions:
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
Bill Numbers:
H141
Status:
1/27/21 Introduced and referred to the House Human Services Committee
State:
Virginia
Proposed Restrictions:
Prohibits the sale of flavored tobacco and vapor products
Bill Numbers:
HB1119
HB93
HB93
Status:
1/7/20-Introduced and referred to House Committee on Finance; 2/5/20-Carried over to 2021
Failed on adjournment
Failed on adjournment
State:
Washington
Proposed Restrictions:
Bans the sale of flavored vapor products and menthol-flavored cigarettes, changes the tax on vapor products from one based on the amount of nicotine per milliliter of solution to a tax imposed at 45% of the retail price and requires the tax to be disclosed on various advertising materials and consumer receipts, adds a 4.4% surcharge on the manufactured value of vapor products on manufacturers and distributors (effective July 1, 2021), requires vapor product manufacturers to obtain a license, prohibits retailers from obtaining vapor products from anyone other than a licensed vapor product manufacturer or a licensed distributor that obtained the product from a licensed manufacturer, allows for an additional delivery license fee up to $250, restricts delivery sales of closed system vapor products to no more than 16 to a customer per month, provides for a process for age verification and identification of product billing charges for delivery sales, requires retailers to either suspend sales of or provide warnings regarding vapor products that contain an ingredient that the State Liquor and Cannabis Board has determined may be injurious to health, limits the amount of nicotine salts in vapor products, allows local jurisdictions to limit the location of vapor product retailers with respect to schools and other youth-oriented activities
Bill Numbers:
HB1345
SB5266
SB5266
Status:
HB1345-4/25/21-died on adjournment; pending carryover to 2022
SB5266-4/25/21-died on adjournment; pending carryover to 2022
SB5266-4/25/21-died on adjournment; pending carryover to 2022
State:
Washington D.C.
Proposed Restrictions:
As amended, prohibits the sale of flavored tobacco products and prohibits the sale of electronic smoking devices within a quarter mile of a middle or high school.
Bill Numbers:
B20
Status:
1/11/21-Introduced
1/19/21- Referred to the Judiciary and Public Safety Committee
6/10/21-Amended and passed Committee
6/15/21-Passed first reading by a vote of 9-3-1
6/29/21-Second reading and final vote expected
1/19/21- Referred to the Judiciary and Public Safety Committee
6/10/21-Amended and passed Committee
6/15/21-Passed first reading by a vote of 9-3-1
6/29/21-Second reading and final vote expected
State:
Washington D.C.
Proposed Restrictions:
Prohibits the sale of electronic smoking devices within a quarter mile of a middle or high school
Bill Numbers:
B19
Status:
1/11/21-Introduced
1/19/21-Referred to the Judiciary and Public Safety Committee.
1/19/21-Referred to the Judiciary and Public Safety Committee.
Retail Provisions
State
Proposed Restrictions
Bill Numbers
Status
State:
Arizona
Proposed Restrictions:
Raises the minimum legal sales age and minimum purchase, use and possession age of tobacco products, including electronic cigarettes, to 21, modifies the public smoking prohibitions to prohibit smoking in areas to which the law currently does not apply, applies the public smoking prohibitions to electronic smoking devices, requires tobacco and e-cigarette retailers to obtain photo i.d. from any purchaser under 30, provides for penalties for retail violations, requires tobacco retailers to obtain a state tobacco license from the Department of Health, and prohibits outdoor advertising of tobacco products within 1000 feet of a school or playground
Bill Numbers:
HB2515
Status:
2/19/21-died by rule
State:
Arizona
Proposed Restrictions:
Raises the minimum legal sales age and minimum purchase, use and possession age of tobacco products, including electronic cigarettes, to 21 and requires retailers to separately account for sales of tobacco products and vapor products on their transaction privilege tax returns
Bill Numbers:
HB2556
Status:
3/26/21-died by rule
State:
Arizona
Proposed Restrictions:
Raises the minimum legal sales age and minimum purchase, use and possession age of tobacco products, including electronic cigarettes, to 21, requires tobacco retailers to obtain a state tobacco license from the Department of Liquor Licenses and Control, and applies the existing public smoking prohibitions to electronic smoking devices
Bill Numbers:
HB2602
SB1402
SB1402
Status:
HB2602-2/19/21-died by rule
SB1402-2/19/21-died by rule
SB1402-2/19/21-died by rule
State:
Arizona
Proposed Restrictions:
Raises the minimum legal sales, purchase, use and possession age to 21, requires tobacco product retailers to obtain a license from the Department of Liquor Licenses and Control, and preempts most local regulation of the sale or marketing of tobacco products
Bill Numbers:
SB1496
HB2682
HB2682
Status:
SB1496- 2/19/21-died by rule
HB2682-6/30/21-died on adjournment
HB2682-6/30/21-died on adjournment
State:
Arizona
Proposed Restrictions:
Prohibits tobacco and vapor product advertising on billboards within 1000 feet of schools and public playgrounds and allows local jurisdictions to establish more stringent restrictions
Bill Numbers:
SB1516
Status:
2/19/21-died by rule
State:
Arizona
Proposed Restrictions:
Raises the minimum legal sales, purchase, use and possession age to 21, requires tobacco product retailers to obtain a license from the Department of Liquor Licenses and Control, and provides for penalties for sales to underage persons .
Bill Numbers:
SB1103
Status:
3/26/21-died by rule
State:
Arkansas
Proposed Restrictions:
Allows a person purchasing an existing permitted tobacco retail location to, with the permission of the seller, operate under the selling owner’s permit for no more than thirty days from the date of the sale.
Bill Numbers:
SB338
Status:
2/22/21- Introduced and referred to the City, County, and Local Affairs Committee.
2/25/21- Passed the City, County, and Local Affairs Committee as amended
3/2/21-Passed Senate and moved to the House
3/17/21-Signed by the Governor; Effective the 91st day after adjournment
2/25/21- Passed the City, County, and Local Affairs Committee as amended
3/2/21-Passed Senate and moved to the House
3/17/21-Signed by the Governor; Effective the 91st day after adjournment
State:
Arkansas
Proposed Restrictions:
Permits Arkansas based cigar shops to sell cigars at retail online
Bill Numbers:
SB628
Status:
4/5/21-Introduced and referred to the Senate City, County, and Local Affairs Committee
4/14/21-Passed Senate
4/21/21-Passed House Rules Committee
4/22/21- Passed House; Eligible for Governor
4/27/21- Signed by Governor; Effective the 91st day after adjournment
4/14/21-Passed Senate
4/21/21-Passed House Rules Committee
4/22/21- Passed House; Eligible for Governor
4/27/21- Signed by Governor; Effective the 91st day after adjournment
State:
California
Proposed Restrictions:
Adds violations of restrictions on nitrous oxide to the list of reasons to deny, revoke or suspend a tobacco retailer license,
Bill Numbers:
SB491
Status:
8/26/21-held in Assembly Appropriations Committee, pending carryover to 2022
State:
Connecticut
Proposed Restrictions:
Prohibits any health care facility or pharmacy from selling cigarettes, tobacco products, ENDS and vapor products
Bill Numbers:
SB115
Status:
1/12/21 Introduced and referred to the Joint Committee on Public Health
1/29/21 On committee agenda
2/8/21 Committee hearing
3/5/21 Committee voted to draft
3/9/21 Drafted by committee
3/10/21 Referred to the Joint Public Health Committee
3/26/21 Reported favorably from the committee
4/9/21 Referred to the OLR and OFA
4/15/21 Reported out of OLC
5/12/21 Referred to the Joint Committee on Finance, Revenue and Bonding
5/19/21 Committee hearing
6/9/21 General Assembly adjourned sine die
1/29/21 On committee agenda
2/8/21 Committee hearing
3/5/21 Committee voted to draft
3/9/21 Drafted by committee
3/10/21 Referred to the Joint Public Health Committee
3/26/21 Reported favorably from the committee
4/9/21 Referred to the OLR and OFA
4/15/21 Reported out of OLC
5/12/21 Referred to the Joint Committee on Finance, Revenue and Bonding
5/19/21 Committee hearing
6/9/21 General Assembly adjourned sine die
State:
Florida
Proposed Restrictions:
Grants counties and municipalities the authority to further restrict smoking within the boundaries of any public beaches and public parks that they own.
Bill Numbers:
HB239
Status:
3/2/21-Introduced and referred to the House Profession and Public Health Subcommittee and additionally referred to the House Environment, Agriculture and Flooding Subcommittee and the House Health and Human Services Committee
3/15/21-Passed Senate Environment and Natural Resources Committee
3/16/21-Reported favorably from the House Professions and Health Subcommittee
4/30/21-Died in Committee
3/15/21-Passed Senate Environment and Natural Resources Committee
3/16/21-Reported favorably from the House Professions and Health Subcommittee
4/30/21-Died in Committee
State:
Florida
Proposed Restrictions:
Authorizes counties and municipalities to further restrict smoking within the boundaries of public beaches and public parks under certain circumstances and prohibits smoking within the boundaries of a state park
Bill Numbers:
SB334
Status:
3/2/21-Inroduced and referred to the Senate Community Affairs Committee and additionally referred to the Senate Environment and Natural Resources Committee and Rules Committee
3/2/21-Passed Community Affairs Committee
3/15/21-Hearing held in Environment and Natural Resources Committee
4/21/21-Temporarily postponed in Senate Rules Committee
4/30/21-Died in Committee
3/2/21-Passed Community Affairs Committee
3/15/21-Hearing held in Environment and Natural Resources Committee
4/21/21-Temporarily postponed in Senate Rules Committee
4/30/21-Died in Committee
State:
Hawaii
Proposed Restrictions:
Changes the retailer permit fee from $2.50 to an amount to be determined by the Department of Taxation
Bill Numbers:
HB1046
Status:
Pending carryover to 2022
State:
Hawaii
Proposed Restrictions:
As amended, effective July 1, 2050, creates a new tax on e-liquids at the same rate as OTP (70% of the wholesale price), increases the retail tobacco permit fee from $20 to $300 annually and prohibits retail shipment of untaxed tobacco products
Bill Numbers:
HB598
Status:
Pending carryover to 2022
State:
Idaho
Proposed Restrictions:
Provides that no local unit of government may adopt or enforce requirements for the regulation, marketing, or sale of tobacco products or electronic smoking devices that are more restrictive than or in addition to this chapter. No local unit of government may impose or enforce a tax or fee on tobacco products or electronic smoking devices. This subsection shall not be construed to prevent a local unit of government from regulating the public use of tobacco products or electronic smoking devices pursuant to section 39-5511, Idaho Code.
Prohibits the sale of tobacco and vapor; Also prohibits the sale of tobacco products and vapor products to anyone under 21 years of age.
Prohibits the sale of tobacco and vapor; Also prohibits the sale of tobacco products and vapor products to anyone under 21 years of age.
Bill Numbers:
SB1087
Status:
2/10/21-Introduced
2/11/21-Referred to Senate State Affairs Committee
2/24/21- Passed the Senate State Affairs Committee
3/2/21-Passed the Senate and moved to the House
3/10/21- Passed the House Health and Welfare Committee
3/15/21-Placed on Third Reading calendar
4/6/21-Failed to pass House
2/11/21-Referred to Senate State Affairs Committee
2/24/21- Passed the Senate State Affairs Committee
3/2/21-Passed the Senate and moved to the House
3/10/21- Passed the House Health and Welfare Committee
3/15/21-Placed on Third Reading calendar
4/6/21-Failed to pass House
State:
Illinois
Proposed Restrictions:
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.
Bill Numbers:
SB699
Status:
2/25/21-Introduced and referred to the Senate Committee on Assignments
State:
Illinois
Proposed Restrictions:
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
Bill Numbers:
SB540
Status:
2/23/21-Introduced and referred to the Senate Committee on Assignments
4/7/21-Referred to Senate Executive Committee
4/16/21-Re-referred to Assignments Committee
4/7/21-Referred to Senate Executive Committee
4/16/21-Re-referred to Assignments Committee
State:
Indiana
Proposed Restrictions:
Requires retails to use scanning technology or an automated software system to verify age
Bill Numbers:
SB142
Status:
1/4/21 First reading and referred to the Rules and Legislative Procedures Committee
1/7/21 Reported from Rules and re-assigned to the Senate Public Policy Committee
2/4/21 Passed and reported from the Senate Public Policy Committee
2/11/21 Withdrawn from further consideration
1/7/21 Reported from Rules and re-assigned to the Senate Public Policy Committee
2/4/21 Passed and reported from the Senate Public Policy Committee
2/11/21 Withdrawn from further consideration
State:
Kentucky
Proposed Restrictions:
Authorizes a city or county government may impose restrictions or requirements on the use, display, sales and distribution of tobacco products and vapor products that are stricter than those imposed under state law.
Bill Numbers:
HB147
Status:
1/5/21 Introduced and referred to the House Committee on Committees
3/30/21 Failed on adjournment
3/30/21 Failed on adjournment
State:
Kentucky
Proposed Restrictions:
Authorizes a city or county government may impose restrictions or requirements on the use, display, sales and distribution of tobacco products and vapor products that are stricter than those imposed under state law.
Bill Numbers:
S81
Status:
1/7/21 Introduced and referred to the Senate Committee on Committees
3/30/21 Failed on adjournment
3/30/21 Failed on adjournment
State:
Maryland
Proposed Restrictions:
Concerns electronic smoking device regulation—bans the sale of flavored vape products by most retailers; requires additional license
Bill Numbers:
SB273
Status:
10/13/20 Pre-filed for 2021
1/13/21 First reading in the Senate Finance Committee
1/28/21 Committee hearing
4/12/21 Failed on adjournment
1/13/21 First reading in the Senate Finance Committee
1/28/21 Committee hearing
4/12/21 Failed on adjournment
State:
Maryland
Proposed Restrictions:
Authorizes Baltimore City to enact and enforce local laws to regulate the sale and distribution of cigarettes, other tobacco products and electronic smoking devices
Bill Numbers:
SB378
Status:
1/15/21 Introduced and Referred to the Senate Finance Committee
2/11/21 Committee hearing scheduled
4/12/21 Failed on adjournment
2/11/21 Committee hearing scheduled
4/12/21 Failed on adjournment
State:
Maryland
Proposed Restrictions:
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
Bill Numbers:
SB410 (cross-filed with HB1011)
Status:
1/15/21 Introduced and Referred to the Senate Finance Committee
2/11/21 Committee hearing scheduled
4/12/21 Failed on adjournment
2/11/21 Committee hearing scheduled
4/12/21 Failed on adjournment
State:
Maryland
Proposed Restrictions:
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
Bill Numbers:
HB1011 (cross-filed with SB410)
Status:
2/5/21 Introduced and referred to the House Economic Matters Committee—hearing set for 2/24/21
4/12/21 Failed on adjournment
4/12/21 Failed on adjournment
State:
Maryland
Proposed Restrictions:
Requires a person located outside the state to have a remote tobacco seller license in order to sell premium cigars or pipe tobacco to consumers in the state--provides for the adjustment of the price base for the excise tax on premium cigars and pipe tobacco sold by out-of-state sellers—amended to specify tax rate of 12% on tobacco pipes and provides for refund of taxes paid after 3/14/21 to bill enactment
Bill Numbers:
HB1324 (cross-filed with SB883)
Status:
2/8/21 Introduced and referred to the House Ways and Means Committee and the House Economic Matters Committee
3/3/21 Hearing scheduled in the House Economic Matters Committee
3/9/21 Hearing in the Ways and Means Committee
4/6/21 Voted on favorably in committee.
4/8/21 Reported favorably from Ways and Means—adopted on House floor—passed second reading.
4/9/21 Amended and passed 3rd reading—passed the House
4/10/21 Moved to the Senate
4/12/21 Referred to the Senate Budget and Taxation Committee—amended and adopted in committee—passed the Senate—House concurred in Senate amendments—enrolled—to the Governor
5/30/21 Became law without the Governor’s signature—effective upon enactment
3/3/21 Hearing scheduled in the House Economic Matters Committee
3/9/21 Hearing in the Ways and Means Committee
4/6/21 Voted on favorably in committee.
4/8/21 Reported favorably from Ways and Means—adopted on House floor—passed second reading.
4/9/21 Amended and passed 3rd reading—passed the House
4/10/21 Moved to the Senate
4/12/21 Referred to the Senate Budget and Taxation Committee—amended and adopted in committee—passed the Senate—House concurred in Senate amendments—enrolled—to the Governor
5/30/21 Became law without the Governor’s signature—effective upon enactment
State:
Maryland
Proposed Restrictions:
Requires a person located outside the state to have a remote tobacco seller license in order to sell premium cigars or pipe tobacco to consumers in the state—provides for the adjustment of the price base for the excise tax on premium cigars and pipe tobacco sold by out-of-state sellers—amended to specify tax rate of 12% on tobacco pipes and provides for refund of taxes paid after 3/14/21 to bill enactment
Bill Numbers:
SB883 (cross-filed with HB1324)
Status:
2/9/21 Introduced and referred to the Budget and Taxation Committee
3/17/21 Passed from committee
3/18/21 Passed the Senate
3/19/21 Sent to the House—referred to the Ways and Means Committee
3/30/21 Committee hearing scheduled
4/8/21 Reported favorably from the committee.
4/6/21 Voted favorably from committee.
4/8/21 Reported favorably from the committee—passed second reading.
4/9/21 Amended—passed 3rd reading
4/10/21 Senate refused to concur
4/12/21 Conference committee appointed—committee reported adopted by both chambers—enrolled—to the Governor
5/30/21 Became law without the Governor’s signature—effective upon enactment
3/17/21 Passed from committee
3/18/21 Passed the Senate
3/19/21 Sent to the House—referred to the Ways and Means Committee
3/30/21 Committee hearing scheduled
4/8/21 Reported favorably from the committee.
4/6/21 Voted favorably from committee.
4/8/21 Reported favorably from the committee—passed second reading.
4/9/21 Amended—passed 3rd reading
4/10/21 Senate refused to concur
4/12/21 Conference committee appointed—committee reported adopted by both chambers—enrolled—to the Governor
5/30/21 Became law without the Governor’s signature—effective upon enactment
State:
Massachusetts
Proposed Restrictions:
Prohibits the sale of tobacco products except in an adult-only retail tobacco store or smoking bar (age restricted).
Bill Numbers:
SB1459 (same as HB2310)
Status:
2/1/21 Filed
3/29/21 Referred to the Joint Public Health Committee
11/3/21 Committee hearing
3/29/21 Referred to the Joint Public Health Committee
11/3/21 Committee hearing
State:
Massachusetts
Proposed Restrictions:
Prohibits the sale of tobacco products except in an adult-only retail tobacco store or smoking bar (age restricted).
Bill Numbers:
HB2310 (same as SB1459)
Status:
1/28/21 Filed
3/29/21 Referred to the Joint Public Health Committee
11/3/21 Committee hearing
3/29/21 Referred to the Joint Public Health Committee
11/3/21 Committee hearing
State:
Massachusetts
Proposed Restrictions:
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
Bill Numbers:
SB1392(same as HB2244)
Status:
2/1/21 Filed
3/29/21 Referred to the Joint Public Health Committee
11/3/21 Committee hearing
3/29/21 Referred to the Joint Public Health Committee
11/3/21 Committee hearing
State:
Massachusetts
Proposed Restrictions:
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
Bill Numbers:
HB2244 (same as SB1392
Status:
1/29/21 Filed
3/29/21 Referred to the Joint Public Health Committee
11/3/21 Committee hearing
3/29/21 Referred to the Joint Public Health Committee
11/3/21 Committee hearing
State:
Massachusetts
Proposed Restrictions:
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.
Bill Numbers:
HB2287
Status:
2/22/21 Filed
3/29/21 Referred to the Joint Public Health Committee
5/10/21 Committee hearing
3/29/21 Referred to the Joint Public Health Committee
5/10/21 Committee hearing
State:
Michigan
Proposed Restrictions:
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.
Bill Numbers:
SB573
Status:
6/24/21-Introduced and referred to the Senate Regulatory Reform Committee
State:
Michigan
Proposed Restrictions:
Provides compliance checks for the sale of tobacco products, vapor products, or alternative nicotine products to minors and prescribes penalties
Bill Numbers:
SB574
Status:
6/24/21-Introduced and referred to the Senate Regulatory Reform Committee
State:
Michigan
Proposed Restrictions:
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.
Bill Numbers:
SB575
Status:
6/24/21-Introduced and referred to the Senate Regulatory Reform Committee
State:
Missouri
Proposed Restrictions:
Would remove state preemption on local tobacco taxes allowing local jurisdictions to vote on potential taxes to be levied on tobacco products.
Bill Numbers:
HB266
Status:
12/1/20- Prefiled for 2021
Failed due to Adjournment
Failed due to Adjournment
State:
Missouri
Proposed Restrictions:
Raises the age to purchase and possession of tobacco products from 18 to 21. It also includes a provision preempting localities from regulating the sales of tobacco products, alternative nicotine products and vapor products, however, the preemption does not apply to taxing the sale of those products.
Bill Numbers:
HB517
Status:
12/14/20- Prefiled for 2021
4/7/21- Public Hearing Scheduled- bill not heard
4/21/21- Passed Downsizing Government Committee
Failed due to Adjournment
4/7/21- Public Hearing Scheduled- bill not heard
4/21/21- Passed Downsizing Government Committee
Failed due to Adjournment
State:
Missouri
Proposed Restrictions:
Removes local tax preemption on tobacco products, new taxes must be approved by a majority of local qualified voters.
Bill Numbers:
HB646
Status:
1/6/21- Introduced
Failed due to Adjournment
Failed due to Adjournment
State:
Missouri
Proposed Restrictions:
Liquor Bill that has been amended to raise the age to purchase and possession of tobacco products from 18 to 21. It also includes a provision preempting localities from regulating the sales of tobacco products, alternative nicotine products and vapor products
Bill Numbers:
SB283
Status:
5/4/21- Amended in the House to include tobacco regulations
5/6/21- Passed Committee on Rules -Legislative Oversight
5/13/21- Passed Committee on Fiscal Review
Failed due to adjournment
5/6/21- Passed Committee on Rules -Legislative Oversight
5/13/21- Passed Committee on Fiscal Review
Failed due to adjournment
State:
Montana
Proposed Restrictions:
Prohibits giving or selling tobacco products, alternative nicotine products, or vapor products to children
Bill Numbers:
HB105
Status:
1/5/21-Introduced and referred to the House Judiciary Committee
1/13/21-Hearing Held
1/15/21-Passed Judiciary Committee
1/20/21-Passed House and moved to the Senate
1/21/21-Referred to Senate Judiciary Committee
1/27/21-Public Hearing Held
1/29/21-Passed Senate Judiciary Committee
3/11/20-Passed Senate; Eligible for Governor
3/23/21-Signed by Governor; Effective March 24, 2021
1/13/21-Hearing Held
1/15/21-Passed Judiciary Committee
1/20/21-Passed House and moved to the Senate
1/21/21-Referred to Senate Judiciary Committee
1/27/21-Public Hearing Held
1/29/21-Passed Senate Judiciary Committee
3/11/20-Passed Senate; Eligible for Governor
3/23/21-Signed by Governor; Effective March 24, 2021
State:
Montana
Proposed Restrictions:
Limits local governing units and the Department of Public Health and Human Services from establishing requirements on alternative nicotine products or vapor products and amends the Youth Access to Tobacco Products Act to clarify that alternative nicotine products or vapor products are separate and distinct from tobacco products
Bill Numbers:
HB137
Status:
1/7/21-Introduced and referred to the House Human Services Committee
1/13/21-Public hearing held
1/21/21-Passed Human Services Committee
2/1/21-Passed House and moved to the Senate
2/2/21-Referred to the Senate Business, Labor, and Economic Affairs Committee.
3/16/21-Committee Hearing Scheduled
3/17/21-Amended and then Tabled in Committee
1/13/21-Public hearing held
1/21/21-Passed Human Services Committee
2/1/21-Passed House and moved to the Senate
2/2/21-Referred to the Senate Business, Labor, and Economic Affairs Committee.
3/16/21-Committee Hearing Scheduled
3/17/21-Amended and then Tabled in Committee
State:
Montana
Proposed Restrictions:
Prohibits local government from adopting and enforcing ordinances and resolutions prohibiting the sale of alternative nicotine products and vapor products.
Bill Numbers:
SB398
Status:
3/25/21-Introduced
4/1/21-Passed Senate Labor and Economic Affairs Committee
4/6/21-Postponed Indefinitely
4/7/21-Reconsideration Previous Action; Passed Senate Reading; Referred to and Passed the Senate Finance and Claims Committee; Awaiting Third Reading in the Senate
4/8/21-Passed Senate and moved to the House
4/21/21-Passed House Labor and Economic Affairs Committee
4/26/21-Passed House
5/4/21-Sent to Governor
5/10/21-Signed by the Governor; Effective on passage and approval (May 10, 2021)
4/1/21-Passed Senate Labor and Economic Affairs Committee
4/6/21-Postponed Indefinitely
4/7/21-Reconsideration Previous Action; Passed Senate Reading; Referred to and Passed the Senate Finance and Claims Committee; Awaiting Third Reading in the Senate
4/8/21-Passed Senate and moved to the House
4/21/21-Passed House Labor and Economic Affairs Committee
4/26/21-Passed House
5/4/21-Sent to Governor
5/10/21-Signed by the Governor; Effective on passage and approval (May 10, 2021)
State:
Montana
Proposed Restrictions:
Requires sellers of tobacco, alternative nicotine products, or vapor products to keep the driver's license data they scan secure and be deleted after a period of time.
Bill Numbers:
SB156
Status:
2/11/21-Passed Senate and moved to the House
2/19/21-Public Hearing held in House Business and Labor Committee
3/19/21-Passed House
4/20/21-Signed by Governor; Effective October 1, 2021
2/19/21-Public Hearing held in House Business and Labor Committee
3/19/21-Passed House
4/20/21-Signed by Governor; Effective October 1, 2021
State:
New Hampshire
Proposed Restrictions:
Establishes retail tobacco license fees: $336 (one register); $540 (2-3 registers); $812 (4 or more registers)
Amended to change fee amounts:
$216 (one register); $408 (2-3 registers); $648 (4 or more registers)
Amended to change fee amounts:
$216 (one register); $408 (2-3 registers); $648 (4 or more registers)
Bill Numbers:
HB591
Status:
1/6/21 Introduced
1/13/21 Referred to the House Executive Departments and Administration Committee
2/1/21 Committee hearing
2/16/21 Committee report: “ought to pass” with amendment
2/24/21 Referred to the House Finance Committee
3/30/21 Retained in committee for action in the second year of the session (2022)
9/14/21 Listed for Division I Work Session
10/6/21 An Executive Session scheduled for Oct. 26
1/13/21 Referred to the House Executive Departments and Administration Committee
2/1/21 Committee hearing
2/16/21 Committee report: “ought to pass” with amendment
2/24/21 Referred to the House Finance Committee
3/30/21 Retained in committee for action in the second year of the session (2022)
9/14/21 Listed for Division I Work Session
10/6/21 An Executive Session scheduled for Oct. 26
State:
New Jersey
Proposed Restrictions:
Prohibits the use of coupons, price rebates and price reduction promotions in sales of tobacco and vapor products
Bill Numbers:
A967
Status:
1/14/20 Introduced and referred to the Assembly Health Committee
State:
New Jersey
Proposed Restrictions:
Prohibits the sale of tobacco products and electronic smoking devices at pharmacies.
Bill Numbers:
S1144
Status:
1/30/20 Introduced and referred to the Senate Health, Human Services and Senior Citizens Committee
2/9/21 Committee hearing—reported favorably from committee—referred to the Senate Budget and Appropriations Committee
2/22/21 Passed the Senate—referred to the Assembly Health Committee
2/9/21 Committee hearing—reported favorably from committee—referred to the Senate Budget and Appropriations Committee
2/22/21 Passed the Senate—referred to the Assembly Health Committee
State:
New Jersey
Proposed Restrictions:
Prohibits the sale of tobacco products and electronic smoking devices at pharmacies.
Bill Numbers:
A3289 (same as S1144)
Status:
2/25/20 Introduced and referred to the Assembly Health Committee
State:
New Jersey
Proposed Restrictions:
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%
Bill Numbers:
S1262 (same as A5120)
Status:
1/30/20 Filed
2/3/20 Introduced and referred to the Senate Health, Human Services and Senior Citizens Committee
3/16/20 Committee hearing
3/16/20 Committee hearing--cancelled
2/3/20 Introduced and referred to the Senate Health, Human Services and Senior Citizens Committee
3/16/20 Committee hearing
3/16/20 Committee hearing--cancelled
State:
New Jersey
Proposed Restrictions:
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%
Bill Numbers:
A5120 (same as S1262)
Status:
12/7/20 Filed
12/10/20 Introduced and referred to the Assembly Health Committee
12/10/20 Introduced and referred to the Assembly Health Committee
State:
New Jersey
Proposed Restrictions:
Requires tobacco products retailers 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
Bill Numbers:
S2943 (same as A4732)
Status:
9/17/20 Filed
9/21/20 Referred to the Senate Health, Human Services and Senior Citizens Committee
2/9/21 Committee hearing
9/21/20 Referred to the Senate Health, Human Services and Senior Citizens Committee
2/9/21 Committee hearing
State:
New Jersey
Proposed Restrictions:
Requires tobacco products retailers 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
Bill Numbers:
A4732 (same as S2943)
Status:
9/24/20 Introduced and referred to the Assembly Health Committee
State:
New Jersey
Proposed Restrictions:
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
Bill Numbers:
S4114 (same as A6020)
Status:
11/12/21 Introduced and referred to the Senate Committee on Health, Human Services and Senior Citizens
State:
New Jersey
Proposed Restrictions:
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
Bill Numbers:
A6020 (same as S4114)
Status:
11/15/21 Introduced and referred to the Assembly Health Committee
State:
New Mexico
Proposed Restrictions:
Grants municipalities and counties the authority to adopt ordinances and regulations pertaining to the sale of tobacco products that are stricter than state law
Bill Numbers:
HB97
Status:
1/19/21- Introduced and referred to the House Health and Human Services Committee and additionally referred to the House Local Government, Land Grants, and Cultural Affairs Committee
2/2/21- Passed the House Health and Human Services Committee
2/23/21-Considered in the Local Government, Land Grants, and Cultural Affairs Committee; No action taken
3/20/21- Failed due to adjournment
2/2/21- Passed the House Health and Human Services Committee
2/23/21-Considered in the Local Government, Land Grants, and Cultural Affairs Committee; No action taken
3/20/21- Failed due to adjournment
State:
New Mexico
Proposed Restrictions:
Grants municipalities and counties the authority to adopt ordinances and regulations pertaining to the sale of tobacco products that are stricter than state law
Bill Numbers:
SB95
Status:
1/19/21- Introduced and referred to the Senate Health and Public Affairs Committee and additionally referred to the Senate Judiciary Committee
1/29/21- Hearing held in the Senate Health and Public Affairs Committee
1/29/21- Passed the Senate Health and Public Affairs Committee
3/20/21- Failed due to adjournment
1/29/21- Hearing held in the Senate Health and Public Affairs Committee
1/29/21- Passed the Senate Health and Public Affairs Committee
3/20/21- Failed due to adjournment
State:
New York
Proposed Restrictions:
Prohibits the advertisement of electronic cigarettes, liquid nicotine and hookah tobacco within 500 feet of schools and parks.
Bill Numbers:
S383
Status:
1/6/21 Referred to the Senate Consumer Protection Committee
State:
New York
Proposed Restrictions:
Provides for restrictions on advertisement and promotion of electronic cigarettes, including within 500 feet of school grounds as defined. ; addresses research and misrepresentation of electronic cigarettes
Bill Numbers:
S778A (same as A6989)
Status:
1/6/21 Referred to the Senate Consumer Protection Committee
2/23/21 Amended and recommitted to Consumer Protection Committee
3/2/21 Reported from the committee.
3/4/21 Advanced to third reading
6/9/21 Passed the Senate—referred to the Assembly Consumer Affairs and Protection Committee
2/23/21 Amended and recommitted to Consumer Protection Committee
3/2/21 Reported from the committee.
3/4/21 Advanced to third reading
6/9/21 Passed the Senate—referred to the Assembly Consumer Affairs and Protection Committee
State:
New York
Proposed Restrictions:
Provides for restrictions on advertisement and promotion of electronic cigarettes; addresses research and misrepresentation of electronic cigarettes.
Bill Numbers:
A6989 (same as S778A)
Status:
4/19/21 Referred to the Assembly Consumer Affairs and Protection Committee
State:
New York
Proposed Restrictions:
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.
Bill Numbers:
A1432
Status:
1/11/21 Introduced and referred to the Assembly Ways and Means Committee
State:
New York
Proposed Restrictions:
Prohibits the sale of cigarettes with single-use filters and single-use electronic cigarettes
Bill Numbers:
S1278 (same as A4308)
Status:
1/8/21 Introduced and referred to the Senate Health Committee
State:
New York
Proposed Restrictions:
Prohibits the sale of cigarettes with single-use filters and single-use electronic cigarettes
Bill Numbers:
A4308 (same as S1278)
Status:
2/1/21 Introduced and referred to the Assembly Public Health Committee
State:
New York
Proposed Restrictions:
Increases the presumed “cost of the agent” for purposes of cigarette marketing and establishes the cigarette tax enforcement fund
Bill Numbers:
A3547
Status:
1/27/21 Introduced and referred to the Assembly Ways and Means Committee
State:
New York
Proposed Restrictions:
Prohibits advertising for tobacco products within 500 feet of a public or private school.
Bill Numbers:
S3144
Status:
1/27/21 Introduced and referred to the Senate Health Committee
State:
New York
Proposed Restrictions:
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
Bill Numbers:
S3872
Status:
2/1/21 Introduced and referred to the Senate Health Committee
State:
New York
Proposed Restrictions:
Prohibits the use of coupons or use of a price reduction instrument to lower the price of certain tobacco products.
Bill Numbers:
S4171
Status:
2/2/21 Introduced and referred to the Senate Health Committee
State:
New York
Proposed Restrictions:
Restricts the public display of tobacco products and electronic cigarette advertisements and smoking paraphernalia near public libraries
Bill Numbers:
A4544
Status:
2/4/21 Introduced and referred to the Assembly Health Committee
State:
North Dakota
Proposed Restrictions:
Amended in the House Finance and Taxation committee to recommend that the legislative management consider studying reduced harm nicotine products during the 2021-22 interim. Previous versions imposed an excise tax on vapor products at a rate of 28% of the wholesale purchase price and would require vapor product retailers and distributors to obtain a license
Bill Numbers:
SB2189
Status:
1/12/21 -Introduced
Sent to Finance and Taxation Committee
1/19/21- Heard in Committee
2/4/21- amended to remove the excise tax provisions
2/8/21- Passed the Senate; to the House
2/24/21- Referred to House Committee on Finance and Taxation
3/4/21 - heard in committee
3/9/21- Amended in committee and accepted by the house
3/11/21- Passed the House and sent back to the Senate for concurrence
4/9/21- Passed the Senate
4/14/21-became Eligible for the Governor’s signature.
4/16/21- Signed by Governor
Sent to Finance and Taxation Committee
1/19/21- Heard in Committee
2/4/21- amended to remove the excise tax provisions
2/8/21- Passed the Senate; to the House
2/24/21- Referred to House Committee on Finance and Taxation
3/4/21 - heard in committee
3/9/21- Amended in committee and accepted by the house
3/11/21- Passed the House and sent back to the Senate for concurrence
4/9/21- Passed the Senate
4/14/21-became Eligible for the Governor’s signature.
4/16/21- Signed by Governor
State:
Oklahoma
Proposed Restrictions:
Relates to restrictions on tobacco regulation by agencies or other political subdivisions.
Bill Numbers:
HB1893
Status:
2/1/21-Introduced
2/2/21-Referred to the House Rules Committee
Will Carryover to 2022 Session
2/2/21-Referred to the House Rules Committee
Will Carryover to 2022 Session
State:
Oklahoma
Proposed Restrictions:
Authorizes local jurisdiction to adopt ordinances and regulations regarding to smoking in public places
Bill Numbers:
SB986
Status:
2/1/21-Introduced
2/2/21-Referred to the Senate Health and Human Services Committee
2/22/21-Received a “Do not Pass” recommendation from the Senate Health and Human Services Committee
Will Carryover to 2022 Session
2/2/21-Referred to the Senate Health and Human Services Committee
2/22/21-Received a “Do not Pass” recommendation from the Senate Health and Human Services Committee
Will Carryover to 2022 Session
State:
Oklahoma
Proposed Restrictions:
Creates the Oklahoma Tax Commission to enforce the tobacco tax laws and also requires that retailers may only purchase tobacco products from Oklahoma licensed wholesalers
Bill Numbers:
HB2292
Status:
2/1/21-Introduced
2/16/21- Passed the House Alcohol, Tobacco, and Controlled Substances Committee
3/10/21- Passed House and moved to the Senate
4/7/21-Passed Senate Appropriations Committee as substituted
4/19/21-Passed Senate and moved to House for concurrence
5/3/21-Signed by Governor; Effective May 3, 2021
2/16/21- Passed the House Alcohol, Tobacco, and Controlled Substances Committee
3/10/21- Passed House and moved to the Senate
4/7/21-Passed Senate Appropriations Committee as substituted
4/19/21-Passed Senate and moved to House for concurrence
5/3/21-Signed by Governor; Effective May 3, 2021
State:
Oregon
Proposed Restrictions:
Requires tobacco and vapor retailers to obtain a license from the Department of Revenue and prohibits local authorities from enacting licensing requirements, but grandfathers local licensing requirements in effect on January 1, 2021
Bill Numbers:
HB2071
SB587
SB587
Status:
HB2071-4/13/21-died by rule
SB587- 6/21/21-passed Senate
6/22/21-passed House Ways and Means Committee
6/24/21-passed House and ready for Governor
SB587- 7/19/21-signed by Governor (effective date January 1, 2022)
SB587- 6/21/21-passed Senate
6/22/21-passed House Ways and Means Committee
6/24/21-passed House and ready for Governor
SB587- 7/19/21-signed by Governor (effective date January 1, 2022)
State:
Oregon
Proposed Restrictions:
Allows for the use of covert underage buyers in tobacco retailers
Bill Numbers:
SB64
Status:
6/8/21-signed by Governor (effective September 25, 2021)
State:
Oregon
Proposed Restrictions:
Allows third parties to provide alcoholic beverages for on-premises consumption in smoke shops
Bill Numbers:
HB2640
Status:
4/20/21-died by rule
State:
Rhode Island
Proposed Restrictions:
Authorizes towns and cities to regulate the use and sale of cigarettes, other tobacco products and electronic nicotine delivery systems
Bill Numbers:
SB258 (same as HB5633)
Status:
2/10/21 Introduced and referred to the Senate Judiciary Committee
3/15/21 Committee recommended “the measure be held for further study”
3/15/21 Committee recommended “the measure be held for further study”
State:
Rhode Island
Proposed Restrictions:
Authorizes towns and cities to regulate the use and sale of cigarettes, other tobacco products and electronic nicotine delivery systems
Bill Numbers:
HB5633 (same as SB258)
Status:
2/19/21 Introduced and referred to the House Municipal Government and Housing Committee
3/12/21 Committee hearing—postponed at the sponsor’s request.
3/25/21 Committee hearing—recommended the measure to be held for further study
3/12/21 Committee hearing—postponed at the sponsor’s request.
3/25/21 Committee hearing—recommended the measure to be held for further study
State:
Rhode Island
Proposed Restrictions:
Prohibits the sale of tobacco products in pharmacies
Bill Numbers:
HB5716
Status:
2/24/21 Introduced and referred to the House Health and Human Services Committee
3/16/21 Committee recommended “the measure be held for further study”
3/16/21 Committee recommended “the measure be held for further study”
State:
South Carolina
Proposed Restrictions:
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.
Bill Numbers:
HB3681 (similar to SB498)
Status:
1/13/21- Introduced and referred to the House Judiciary Committee
4/6/21 Amended and reported favorably from committee.
4/8/21 Passed the House—referred to Senate Medical Affairs Committee
4/22/21 Reported favorably from committee
4/6/21 Amended and reported favorably from committee.
4/8/21 Passed the House—referred to Senate Medical Affairs Committee
4/22/21 Reported favorably from committee
State:
South Carolina
Proposed Restrictions:
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.
Bill Numbers:
SB498 (similar to HB3681)
Status:
1/28/21 Introduced and referred to the Senate Medical Affairs Committee
State:
Tennessee
Proposed Restrictions:
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
Bill Numbers:
HB113 (same as SB1279)
Status:
1/12/21 Introduced
5/5/21 General Assembly adjourned; bill carries over to 2022
5/5/21 General Assembly adjourned; bill carries over to 2022
State:
Tennessee
Proposed Restrictions:
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
Bill Numbers:
SB1279 (same as HB113)
Status:
2/11/21 Introduced
5/5/21 General Assembly adjourned; bill carries over to 2022
5/5/21 General Assembly adjourned; bill carries over to 2022
State:
Tennessee
Proposed Restrictions:
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
Bill Numbers:
HB1014 (same as SB985)
Status:
2/10/21 Introduced
5/5/21 General Assembly adjourned; bill carries over to 2022
5/5/21 General Assembly adjourned; bill carries over to 2022
State:
Tennessee
Proposed Restrictions:
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
Bill Numbers:
SB985 (same as HB1014)
Status:
2/10/21 Introduced
5/5/21 General Assembly adjourned; bill carries over to 2022
5/5/21 General Assembly adjourned; bill carries over to 2022
State:
Tennessee
Proposed Restrictions:
Adds vapor products to the TN code pertaining to the Non-Smoker Protection Act—amends TN code to preempt local governments concerning the regulation of tobacco products and vapor products (except for public use in certain locations)
Bill Numbers:
HB705 (same as SB1047)
Status:
2/9/21 Introduced
2/11/21 Referred to the House Health Committee
2/20/21 Assigned to the Health Subcommittee
3/9/21 Recommended for passage by the subcommittee
3/17/21 Recommend for passage by the Health Committee
4/1/21 Placed on the House calendar for 4/8
4/8/21 Re-referred to the Rules Committee
2/11/21 Referred to the House Health Committee
2/20/21 Assigned to the Health Subcommittee
3/9/21 Recommended for passage by the subcommittee
3/17/21 Recommend for passage by the Health Committee
4/1/21 Placed on the House calendar for 4/8
4/8/21 Re-referred to the Rules Committee
State:
Tennessee
Proposed Restrictions:
Adds vapor products to the TN code pertaining to the Non-Smoker Protection Act—amends TN code to preempt local governments concerning the regulation of tobacco products and vapor products (except for public use in certain locations)
Bill Numbers:
SB1047 (same as HB705)
Status:
2/10/21 Introduced
2/22/21 Referred to the Senate Commerce and Labor Committee
4/7/21 Recommended for passage by the committee.
5/5/21 General Assembly adjourned—bill carries over to 2022
2/22/21 Referred to the Senate Commerce and Labor Committee
4/7/21 Recommended for passage by the committee.
5/5/21 General Assembly adjourned—bill carries over to 2022
State:
Texas
Proposed Restrictions:
Requires anyone selling electronic cigarettes to consumer to obtain a license from the Comptroller. A provision that would have imposed a tax on alternative nicotine products was removed from the final version of the bill
Bill Numbers:
SB248
Status:
1/12/21-Introduced
3/3/21- Referred to Senate Finance Committee
3/29/21-Committee Hearing Scheduled
4/9/21-Passed Senate and moved to the House
4/13/21-Referred to the House Ways and Means Committee
5/3/21-Considered in the House Ways and Means Committee
5/17/21-Reported favorably from the House Ways and Means Committee with substitute
5/25/21-Amended on House Floor
5/26/21-Passed the House as amended
5/28/21-Senate refuses to concur with House amendment; moved to Conference Committee
5/30/21-Conference Committee Report adopted by the House and Senate
6/1/21-Moved to the Governor
6/18/21-Became law without the Governor’s signature; Effective September 1, 2021
3/3/21- Referred to Senate Finance Committee
3/29/21-Committee Hearing Scheduled
4/9/21-Passed Senate and moved to the House
4/13/21-Referred to the House Ways and Means Committee
5/3/21-Considered in the House Ways and Means Committee
5/17/21-Reported favorably from the House Ways and Means Committee with substitute
5/25/21-Amended on House Floor
5/26/21-Passed the House as amended
5/28/21-Senate refuses to concur with House amendment; moved to Conference Committee
5/30/21-Conference Committee Report adopted by the House and Senate
6/1/21-Moved to the Governor
6/18/21-Became law without the Governor’s signature; Effective September 1, 2021
State:
Utah
Proposed Restrictions:
Clarifies that the proximity restriction on retail tobacco specialty businesses does not apply to such a business as it existed December 31, 2018, allows such businesses to relocate in spite of the proximity restriction under certain circumstances, extends sales, purchase, use and possession restrictions to alternative nicotine products, prohibits retail tobacco specialty businesses from employing persons under 21 to sell tobacco products, and increases administrative penalties for sales to underage persons
Bill Numbers:
SB189
Status:
3/17/21-signed by Governor
State:
Utah
Proposed Restrictions:
Increases criminal penalties on employees or owners of tobacco retailers who sell tobacco or vapor products to underage persons, was introduced on February 24, 2021.
Bill Numbers:
HB429
Status:
3/2/21-Died by rule
State:
Virginia
Proposed Restrictions:
Provides “that it is the policy of the Commonwealth that, where practical, local cigarette stamping and tax collection is encouraged to be accomplished through regional cigarette tax boards modeled on the Northern Virginia Cigarette Tax Board”
Bill Numbers:
SB1326
Status:
1/12/21 Introduced and referred to the Senate Finance and Appropriations Committee
2/2/21 Committee hearing
2/3/21 Committee hearing—reported from the committee with amendment
2/5/21 Passed Senate as amended
2/7/21 First reading in the House—referred to the Finance Committee
2/17/21 Committee hearing—reported favorably
2/22/21 Passed the House
2/24/21 Eligible for the Governor’s desk
3/1/21 Sent to the Governor
3/11/21 Signed by the Governor
2/2/21 Committee hearing
2/3/21 Committee hearing—reported from the committee with amendment
2/5/21 Passed Senate as amended
2/7/21 First reading in the House—referred to the Finance Committee
2/17/21 Committee hearing—reported favorably
2/22/21 Passed the House
2/24/21 Eligible for the Governor’s desk
3/1/21 Sent to the Governor
3/11/21 Signed by the Governor
State:
Virginia
Proposed Restrictions:
Prohibits any person from selling any tobacco product at retail without first obtaining a license from the Alcoholic Beverage Control Authority (the Authority). The bill also includes nicotine vapor products in the under age 21 sales restrictions and removes the exception allowing the sale of tobacco products to active-duty military personnel age 18 and older
Bill Numbers:
HB2164
Status:
1/12/21 Introduced and referred to the General Laws Committee
1/26/21 Reported from sub-committee
1/28/21 Reported from the General Laws Committee and referred to the Appropriations Committee
1/29/21 Assigned to the sub-committee on Transportation and Public Safety
2/1/21 Subcommittee recommended laying on the table
2/5/21 Left in Appropriations
Failed on adjournment
1/26/21 Reported from sub-committee
1/28/21 Reported from the General Laws Committee and referred to the Appropriations Committee
1/29/21 Assigned to the sub-committee on Transportation and Public Safety
2/1/21 Subcommittee recommended laying on the table
2/5/21 Left in Appropriations
Failed on adjournment
State:
Washington
Proposed Restrictions:
Allows for covert underage buyer checks against retailers and removes civil liability for minors who purchase, use or possess tobacco products
Bill Numbers:
SB5129
Status:
3/17/21-died in Senate Rules Committee
State:
Wisconsin
Proposed Restrictions:
Governor Evers budget proposal includes DHS public health campaign; age 21 to purchase; license requirement to sell vape products; prohibits vaping indoors and schools; adds vape to the 71% “Manufacturers List Price” ; little cigar definitions and “Manufacturers List Price” definition
Bill Numbers:
AB68
SB111
SB111
Status:
2/16/21- Introduced to legislature
4/6,7- Joint Committee on Finance Briefing
4/9, 21,22- Joint Committee on Finance Public Hearing
5/6/21- Assembly substitute amendment offered: Tobacco taxes have been removed.
6/28/21- Assembly consideration
6/29/21- Passed Assembly as amended
6/30/21- Passed Senate
7/1/21- Ordered Enrolled, Eligible for Governor
7/8/21- Action taken by Governor, bill enacted
4/6,7- Joint Committee on Finance Briefing
4/9, 21,22- Joint Committee on Finance Public Hearing
5/6/21- Assembly substitute amendment offered: Tobacco taxes have been removed.
6/28/21- Assembly consideration
6/29/21- Passed Assembly as amended
6/30/21- Passed Senate
7/1/21- Ordered Enrolled, Eligible for Governor
7/8/21- Action taken by Governor, bill enacted
State:
Wisconsin
Proposed Restrictions:
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.
Bill Numbers:
AB250 (same as SB285)
Status:
4/8/21 Introduced and referred to the Assembly State Affairs Committee
1
10/26/21 Assembly Substitute Amendment 1 offered
1
10/26/21 Assembly Substitute Amendment 1 offered
State:
Wisconsin
Proposed Restrictions:
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.
Bill Numbers:
SB285 (same as AB250)
Status:
4/8/21 Introduced and referred to the Senate Financial Institutions and Revenue Committee
5/25/21 Public hearing held
10/26/21 Senate Substitute Amendment 1 offered
5/25/21 Public hearing held
10/26/21 Senate Substitute Amendment 1 offered
Electronic Cigarettes
State
Bill Summary
Bill Numbers
Status
State:
Alabama
Bill Summary:
Prohibits the advertisement or promotion of tobacco products, electronic nicotine delivery systems, or alternative nicotine products in certain circumstances; prohibits manufacturers or retailers of tobacco products, electronic nicotine delivery systems, or alternative nicotine products from marketing, advertising, or offering for sale tobacco, tobacco products, electronic nicotine delivery systems, or alternative nicotine products by: using branding or imagery that depicts, signifies, or denotes flavoring resembling or replicating the taste of candies, cakes, or other sugary treats, as well as other food and drink products that are primarily marketed to children; or using branding or imagery that depicts, signifies, or denotes characters, symbols, or scenery from comic books, movies, video games, television shows that are known to be marketed primarily toward children, or that otherwise incorporate mythical concepts or creatures known to be used primarily in products that are marketed toward children; requires manufacturers of e-liquids and alternative nicotine products to make certain representations to the Commissioner of the Department of Revenue regarding those products; and requires the Commissioner of the Department of Revenue to maintain a directory listing manufacturers of e-liquids and alternative nicotine products.
Bill Numbers:
HB273
Status:
2/2/21- Introduced and referred to the House Judiciary Committee
3/11/21-Reported favorably as substituted from the House Judiciary Committee
3/30/21-Passed House and moved to the Senate
4/1/21- Referred to the Senate Judiciary Committee
4/22/21-Passed Senate Judiciary Committee
5/4/21-Passed Senate
5/6/21-Sent to Governor
5/17/21-Signed by the Governor; Effective on the first day of the third month after passage and approval by the Governor
3/11/21-Reported favorably as substituted from the House Judiciary Committee
3/30/21-Passed House and moved to the Senate
4/1/21- Referred to the Senate Judiciary Committee
4/22/21-Passed Senate Judiciary Committee
5/4/21-Passed Senate
5/6/21-Sent to Governor
5/17/21-Signed by the Governor; Effective on the first day of the third month after passage and approval by the Governor
State:
California
Bill Summary:
Requires the Attorney General to maintain a list of tobacco product brand styles that lack a characterizing flavor
Bill Numbers:
AB598
Status:
4/30/21-died by rule; may carryover to 2022
State:
Connecticut
Bill Summary:
Prohibits the sale of nicotine delivery systems and vapor products within five miles of a school building
Bill Numbers:
S40
Status:
1/6/21 Referred to the Joint Committee on Public Health
6/9/21 General Assembly adjourned sine die
6/9/21 General Assembly adjourned sine die
State:
Connecticut
Bill Summary:
Prohibits the sale of refillable electronic delivery systems and vapor products
Bill Numbers:
S41
Status:
1/6/21 Referred to the Joint Committee on Public Health
6/9/21 General Assembly adjourned sine die
6/9/21 General Assembly adjourned sine die
State:
Connecticut
Bill Summary:
Taxes vapor products as OTP at 50% of wholesale
Bill Numbers:
HB6189
Status:
1/28/21 Introduced and referred to the Joint Committee on Finance, Revenue and Bonding
4/22/21 Failed to make the Joint Favorable deadline
4/22/21 Failed to make the Joint Favorable deadline
State:
Connecticut
Bill Summary:
Concerns the online sale and delivery of ENDS—was amended to limit the sales and shipment to consumers in the state to two vapor products and 30 cartridges in a 30-day period
Bill Numbers:
HB6110
Status:
1/28/21 Introduced and referred to the Joint Committee on Children
2/4/21 Public hearing
3/11/21 Joint Favorable Substitute
3/29/21 Reported from the committee as “ought to pass”, reported from the Legislative Commissioner’s Office
5/12/21 Amended and passed the House
5/14/21 Reissued by the LCO with file no. 687
2/4/21 Public hearing
3/11/21 Joint Favorable Substitute
3/29/21 Reported from the committee as “ought to pass”, reported from the Legislative Commissioner’s Office
5/12/21 Amended and passed the House
5/14/21 Reissued by the LCO with file no. 687
State:
Illinois
Bill Summary:
As amended, Makes it unlawful to sell, distribute acquire, hold, own, possess, or transport, for sale or distribution any electronic cigarette with packaging that: (A) bears any statement, label, stamp, sticker, or notice indicating that the manufacturer did not intend the electronic cigarette to be sold, distributed, or used in the United States, including, but not limited to, labels stating “For Export Only“, “U.S. Tax Exempt“, “For Use Outside U.S.“, or similar wording; (B) any electronic cigarette that the person otherwise knows or has reason to know the manufacturer did not intend to be sold, distributed, or used in the United States’ makes it unlawful to alter the packaging of an electronic cigarette, prior to sale or distribution to the ultimate consumer, so as to remove, conceal, or obscure any statement, label, stamp, sticker, or notice required under this Section or federal law; makes it unlawful to adulterate an electronic cigarette for sale in this State; prohibits electronic cigarettes from containing polyethylene glycol (PEG), vitamin E acetate, or medium-chain triglycerides (MCT oil); and states that an e-cigarette may not be advertised as a modified risk tobacco product or a smoking cessation product unless it has been designated as such by the FDA; and prohibits the honoring or acceptance of any discount, coupon, or other benefit or reduction in price that is inconsistent with 21 CFR 1140, subsequent United States Food and Drug Administration industry guidance, or any rules adopted under 21 CFR 1140; The amended version removes a section that makes it unlawful to sell in any one transaction more than 2 electronic cigarettes, 4 prepackaged cartridges of electronic cigarette solution, or 100 milliliters of electronic cigarette solution to a consumer
Bill Numbers:
SB512
Status:
2/23/21-Introduced and referred to the Senate Committee on Assignments
3/9/21-Referred to Senate Executive Committee
4/14/21-Committee Hearing Scheduled
4/21/21-Passed Senate Executive Committee as amended
4/22/21-Passed Senate and moved to the House
5/12/21-Committee Hearing scheduled in House Human Services Committee
5/19/21-Moved back to the House Floor after Amendment No.3 was approved for consideration by the House Human Services Committee
5/27/21-Passed House and moved to the Senate for concurrence
5/31/21-Senate concurred in House Amendment No. 3; Passed both houses.
6/29/21-Sent to the Governor
8/24/21-Signed by the Governor; Effective January 1, 2022
3/9/21-Referred to Senate Executive Committee
4/14/21-Committee Hearing Scheduled
4/21/21-Passed Senate Executive Committee as amended
4/22/21-Passed Senate and moved to the House
5/12/21-Committee Hearing scheduled in House Human Services Committee
5/19/21-Moved back to the House Floor after Amendment No.3 was approved for consideration by the House Human Services Committee
5/27/21-Passed House and moved to the Senate for concurrence
5/31/21-Senate concurred in House Amendment No. 3; Passed both houses.
6/29/21-Sent to the Governor
8/24/21-Signed by the Governor; Effective January 1, 2022
State:
Illinois
Bill Summary:
Regulates the licensing for retailers of vapor products and prohibits the sale of vapor products to persons under 21.
Bill Numbers:
HB3146
Status:
2/18/21-Introduced
2/19/21-Referred to the House Rules Committee
3/16/21-Referred to the House Human Services Committee
3/23/21-Hearing scheduled in the House Human Services Committee
3/27/21-Re-referred to House Rules Committee
2/19/21-Referred to the House Rules Committee
3/16/21-Referred to the House Human Services Committee
3/23/21-Hearing scheduled in the House Human Services Committee
3/27/21-Re-referred to House Rules Committee
State:
Illinois
Bill Summary:
Prohibits electronic cigarettes from containing more than 25 milligrams per milliliter of nicotine, prohibits a retailer serving persons under 21 years of age from selling a flavored solution or substance intended for use with an electronic cigarette, prohibits manufacturers, distributors, or retailers of electronic cigarettes from selling, offering for sale, or distributing any electronic cigarette with labeling or packaging intended to be attractive to persons under 21 years of age and provides criteria to determine whether packaging or labeling is attractive to such persons, requires all labeling and packaging of electronic cigarettes to include nicotine warning statements, provides that manufacturers, distributors, or retailers of electronic cigarettes shall not sell, advertise, or market an electronic cigarette unless specified conditions have been met, and also provides that a person who sells an electronic cigarette without a proper license under the Tobacco Products Tax Act of 1995 shall be subject to specified additional civil penalties.
Bill Numbers:
HB2579
Status:
2/17/21-Introduced
2/19/21-Referred to House Rules Committee 3/9/21- Referred to the House Human Services Committee
3/16/21-Committee Hearing Held
3/23/21- Committee Hearing Held
3/27/21-Re-referred to the House Rules Committee
2/19/21-Referred to House Rules Committee 3/9/21- Referred to the House Human Services Committee
3/16/21-Committee Hearing Held
3/23/21- Committee Hearing Held
3/27/21-Re-referred to the House Rules Committee
State:
Indiana
Bill Summary:
Prohibits the sale of flavored e-liquid
Bill Numbers:
SB45
Status:
1/4/21 Introduced and referred to the Senate Health and Provider Services Committee
State:
Iowa
Bill Summary:
Redefine tobacco products to include vapor products, thus imposing the OTP excise tax of 50% of the wholesale sales price on vapor products
Bill Numbers:
HB98
Status:
1/15/21- Introduced and referred to Committee on State Government
2/22/21- Hearing held in Subcommittee
2021 Session adjourned—carryover to 2022
2/22/21- Hearing held in Subcommittee
2021 Session adjourned—carryover to 2022
State:
Kentucky
Bill Summary:
Amends current law to clarify that the 15% tax on open vaping systems applies to the liquid solution when the solution is sold separately
Bill Numbers:
HB85
Status:
1/5/21 Introduced
2/4/21 Referred to the House Appropriations and Revenue Committee
3/30/21 Failed on adjournment
2/4/21 Referred to the House Appropriations and Revenue Committee
3/30/21 Failed on adjournment
State:
Maine
Bill Summary:
Limits the number of electronic nicotine delivery devices and nicotine liquid containers that may be sold in a single transaction; requires tobacco retailers to examine and scan a government-issued photographic identification using a scanning technology or other automated, software-based system
Bill Numbers:
HP942
LD 1282
LD 1282
Status:
3/25/21 Introduced and referred to the Joint Health and Human Services Committee—hearing set for April 15
4/21/21 Committee voted “ought not to pass”
5/3/21 Reported from committee as “ought not to pass”
5/19/21 House and Senate adopted majority report—placed in Legislative File (dead)
4/21/21 Committee voted “ought not to pass”
5/3/21 Reported from committee as “ought not to pass”
5/19/21 House and Senate adopted majority report—placed in Legislative File (dead)
State:
Massachusetts
Bill Summary:
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).
Bill Numbers:
HB2369 (filed as HD2126)
Status:
3/29/21 Referred to the Joint Committee on Public Health
11/3/21 Committee hearing
11/3/21 Committee hearing
State:
Michigan
Bill Summary:
Prohibits the sale of vapor products containing Vitamin E Acetate
Bill Numbers:
HB4251
Status:
2/16/21- Introduced and referred to the House Regulatory Reform Committee
3/23/21-Reported from House Regulatory Reform Committee with substitute
3/25/21-Re-referred to House Rules and Competitiveness Committee
6/3/21-Passed House and moved to the Senate
6/8/21-Referred to Senate Regulatory Reform Committee
3/23/21-Reported from House Regulatory Reform Committee with substitute
3/25/21-Re-referred to House Rules and Competitiveness Committee
6/3/21-Passed House and moved to the Senate
6/8/21-Referred to Senate Regulatory Reform Committee
State:
Mississippi
Bill Summary:
House Bill 875 requires the Attorney General to develop a vapor product directory on or before September 15, 2021 and requires every manufacturer of a vapor product sold or intended to be sold in the state to execute an attestation to the Attorney General that its products are in compliance by certifying that the products were available on the market as of August 16, 2016.
Bill Numbers:
HB875
Status:
1/18/21- Introduced and referred to House Judiciary B Committee
2/2/21-Died in committee
2/2/21-Died in committee
State:
Nevada
Bill Summary:
Requires retailers to use advanced age-verification technology at the point of sale for every tobacco and vapor product purchase to persons under 40 years of age
Bill Numbers:
AB360
Status:
5/21/21-passed Senate
5/28/21-signed by the Governor
Effective January 1, 2023
5/28/21-signed by the Governor
Effective January 1, 2023
State:
New Hampshire
Bill Summary:
Prohibits the sale of flavored e-cigarettes and e-cigarette cartridges (exempts menthol); requires manufacturers to inform the Dept. of Environmental Services of toxic materials in such e-cigarettes; requires the DES to make rules for the disposal of such e-cigarettes
Bill Numbers:
SB62
Status:
1/6/21 Introduced
1/19/21 Referred to the Senate Commerce Committee
2/1/21 Committee hearing—recommended as “inexpedient to legislate”
2/11/21 Failed to pass the Senate
1/19/21 Referred to the Senate Commerce Committee
2/1/21 Committee hearing—recommended as “inexpedient to legislate”
2/11/21 Failed to pass the Senate
State:
New Jersey
Bill Summary:
Requires licensure for manufacturers, distributors, wholesale dealers, and retail dealers of electronic smoking devices and related products
Bill Numbers:
A961
Status:
1/14/20 Introduced and referred to the Assembly Health Committee
State:
New Jersey
Bill Summary:
Revises the requirements for the sale of tobacco and vapor products—increases penalties for violations; increases license fees; prohibits the sale of tobacco products in pharmacies; bans the sale of electronic smoking devices designed to mimic another object (e.g. flash drive); prohibits the sale of vaping liquids with a nicotine concentration greater than two percent.
Bill Numbers:
A992
Status:
1/14/20 Introduced and referred to the Assembly Health Committee
State:
New Jersey
Bill Summary:
Revises licensure and operational requirements for vapor businesses; increases taxes imposed on vapor products—20% of retail on open systems and $.20 per fluid milliliter for closed systems
Bill Numbers:
A993
Status:
1/14/20 Introduced and referred to the Assembly Health Committee
State:
New Jersey
Bill Summary:
Imposes a 3.5% tax on the retail sales of all products containing liquid nicotine (intended to replace the $.10 per fluid milliliter tax)
Bill Numbers:
A1705
Status:
1/14/20 Introduced and referred to the Assembly Appropriations Committee
State:
New Jersey
Bill Summary:
Establishes certain regulations regarding vapor products
Bill Numbers:
A4001
Status:
5/1/20 Filed
5/4/20 Introduced and referred to the Assembly Health Committee
5/4/20 Introduced and referred to the Assembly Health Committee
State:
New Jersey
Bill Summary:
Establishes certain regulations regarding vapor products
Bill Numbers:
S2399
Status:
5/4/20 Filed
5/7/20 Referred to the Senate Health, Human Services and Senior Citizens Committee
5/7/20 Referred to the Senate Health, Human Services and Senior Citizens Committee
State:
New York
Bill Summary:
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).
Bill Numbers:
S174
Status:
12/21/20 Pre-filed for 2021— referred to the Senate Health Committee
State:
New York
Bill Summary:
Requires companies that sell electronic cigarettes to disclose their online advertising expenditures from the previous fiscal year
Bill Numbers:
A166
Status:
1/6/21 Referred to the Assembly Health Committee
State:
New York
Bill Summary:
Requires electronic cigarette packaging to include a warning that the product may pose an explosion hazard
Bill Numbers:
A206
Status:
1/6/21 Referred to the Assembly Health Committee
State:
New York
Bill Summary:
Requires electronic cigarette packaging to include a warning that the product may pose an explosion hazard
Bill Numbers:
S1732
Status:
1/14/21 Referred to the Senate Health Committee
State:
New York
Bill Summary:
Prohibits the sale of an electronic liquid / e-liquid used to refill an electronic cigarette or cartridge (exempts a cartridge prefilled and sealed by the manufacturer and not intended to be opened by the consumer).
Bill Numbers:
A332 (same as S174)
Status:
1/6/21 Referred to the Assembly Health Committee
State:
New York
Bill Summary:
Prohibits the sale of an electronic liquid / e-liquid used to refill an electronic cigarette or cartridge (exempts a cartridge prefilled and sealed by the manufacturer and not intended to be opened by the consumer)
Bill Numbers:
S174 (same as A332)
Status:
1/6/21 Referred to the Senate Health Committee
State:
New York
Bill Summary:
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
Bill Numbers:
A637 (same as S5106)
Status:
1/4/21 Pre-filed
1/6/21 Referred to the Assembly Health Committee
1/6/21 Referred to the Assembly Health Committee
State:
New York
Bill Summary:
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
Bill Numbers:
S5106 (same as A637)
Status:
2/23/21 Introduced and referred to the Senate Health Committee
State:
New York
Bill Summary:
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
Bill Numbers:
A646
Status:
1/4/21 Pre-filed
1/6/21 Referred to the Assembly Health Committee
1/6/21 Referred to the Assembly Health Committee
State:
New York
Bill Summary:
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
Bill Numbers:
A647
Status:
1/4/21 Pre-filed
1/6/21 Referred to the Assembly Health Committee
1/6/21 Referred to the Assembly Health Committee
State:
New York
Bill Summary:
Prohibits the sale or distribution of electronic cigarettes lacking FDA premarket order of approval
Bill Numbers:
A649
Status:
1/4/21 Pre-filed
1/6/21 Referred to the Assembly Health Committee
1/6/21 Referred to the Assembly Health Committee
State:
New York
Bill Summary:
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
Bill Numbers:
A668
Status:
1/4/21 Pre-filed
1/6/21 Referred to the Assembly Health Committee
1/6/21 Referred to the Assembly Health Committee
State:
New York
Bill Summary:
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
Bill Numbers:
A671
Status:
1/4/21 Pre-filed
1/6/21 Referred to the Assembly Health Committee
1/6/21 Referred to the Assembly Health Committee
State:
New York
Bill Summary:
Requires electronic cigarettes and e-liquid products be sold in separate specific locations where only persons age 21 or older are allowed to enter
Bill Numbers:
S3904 (same as A5700)
Status:
2/1/21 Introduced and referred to the Senate Health Committee
State:
New York
Bill Summary:
Requires electronic cigarettes and e-liquid products be sold in separate specific locations where only persons age 21 or older are allowed to enter
Bill Numbers:
A5700
Status:
2/24/21 Introduced and referred to the Assembly Health Committee
State:
New York
Bill Summary:
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
Bill Numbers:
A6544 (same as S6376)
Status:
3/19/21 Introduced and referred to the Assembly Health Committee
State:
New York
Bill Summary:
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
Bill Numbers:
S6376 (same as A6544)
Status:
4/26/21 Introduced and referred to the Senate Health Committee
State:
Rhode Island
Bill Summary:
Regulates the manufacture, distribution and retail sale of vapor products; sets forth labeling, marketing and record keeping requirements for manufacturers, distributors and retailers of vapor products.
Bill Numbers:
H5548
Status:
2/12/21 Introduced and referred to the House Health and Human Services Committee
3/8/21 Committee recommended the measure to be held for further study
3/8/21 Committee recommended the measure to be held for further study
State:
Rhode Island
Bill Summary:
Regulates the manufacture, distribution and retail sale of vapor products; sets forth labeling, marketing and record keeping requirements for manufacturers, distributors and retailers of vapor products.
Bill Numbers:
S920
Status:
5/20/21 Introduced and referred to the Senate Special Legislation and Veterans Affairs Committee
6/29/21-Committee Hearing—no vote taken
6/29/21-Committee Hearing—no vote taken
State:
Tennessee
Bill Summary:
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
Bill Numbers:
HB113 (same as SB1279)
Status:
1/12/21 Introduced
2/24/21 Assigned to the Subcommittee on Agriculture and Natural Resources
5/5/21 General Assembly adjourned; bill carries over to 2022
2/24/21 Assigned to the Subcommittee on Agriculture and Natural Resources
5/5/21 General Assembly adjourned; bill carries over to 2022
State:
Tennessee
Bill Summary:
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
Bill Numbers:
SB1279 (same as HB113)
Status:
2/11/21 Introduced
2/22/21 Referred to the Senate Commerce and Labor Committee
5/5/21 General Assembly adjourned; bill carries over to 2022
2/22/21 Referred to the Senate Commerce and Labor Committee
5/5/21 General Assembly adjourned; bill carries over to 2022
State:
Utah
Bill Summary:
As amended, increases the taxes e-liquids and prefilled devices from 56% to 70% of the manufacturers’ sales price, increases penalties for sales to underage, and limits the Department of Health’s authority to set nicotine standards for electronic cigarette products or regulate tobacco products authorized for sale under federal laws permitting the sale of modified risk products
Bill Numbers:
SB134
Status:
2/12/21- passed Senate Business and Labor Committee with an amendment
3/2/21-Died by rule
3/2/21-Died by rule
State:
Virginia
Bill Summary:
Limits flavored vaping product sales including menthol to age-restricted stores only;
Bill Numbers:
HB1185
Status:
1/7/20-Introduced and referred to House Committee on Courts of Justice;
2/5/20-Carried over to 2021
Failed on adjournment
2/5/20-Carried over to 2021
Failed on adjournment
State:
Virginia
Bill Summary:
Requires any person that engages in the sale of vapor products to register with the Department of Taxation as a retail dealer
Bill Numbers:
HB1372
Status:
1/8/20-Introduced and referred to House Committee on Finance;
2/5/20-Carried over to 2021
Failed on adjournment
2/5/20-Carried over to 2021
Failed on adjournment
State:
Virginia
Bill Summary:
Prohibits the manufacture, sale, or distribution of any vapor product that was not manufactured, prepared, or processed by a person registered with the FDA
Bill Numbers:
HB1365
Status:
1/8/20-Introduced and referred to House Committee on Courts of Justice;
2/5/20-Carried over to 2021
Failed on adjournment
2/5/20-Carried over to 2021
Failed on adjournment
State:
Washington D.C.
Bill Summary:
Prohibits the sale of flavored electronic smoking devices
Bill Numbers:
B20
Status:
1/11/21-Introduced
1/19/21- Referred to the Judiciary and Public Safety Committee
1/19/21- Referred to the Judiciary and Public Safety Committee
State:
Washington D.C.
Bill Summary:
Prohibits the sale of electronic smoking devices within a quarter mile of a middle or high school
Bill Numbers:
B19
Status:
1/11/21-Introduced
1/19/21-Referred to the Judiciary and Public Safety Committee.
1/19/21-Referred to the Judiciary and Public Safety Committee.