State tobacco-related legislative bills that have been acted on by a state legislative committee or state legislature are listed below alphabetically by state:
Arkansas: House Bill 1565, which increases the purchase age for tobacco and vapor products from 18 to 21 years of age (exempts active military, and grandfathers in those who turn 19 by December 31, 2019), and also creates a vapor tax of $.10 per milliliter and adds a tax of $.50 for every 32 sheets of cigarette rolling paper, passed the House and moved to the Senate Revenue and Taxation Committee on March 7, 2019.
Colorado: House Bill 1033, which authorizes a county to enact minimum sales legislation for tobacco products, provided the ordinance is more stringent than State law, authorizes cities, towns and counties to impose fees, licenses or taxes on cigarette sales, removes the current provision that prohibits localities from enacting separate cigarette tax ordinances in order to receive a portion of State cigarette tax revenue, and authorizes a county to impose a special sales tax on the sale of cigarettes, tobacco products, or nicotine products through a vote by the people within the county, passed both chambers after the House concurred in Senate amendments on March 4, 2019.
Delaware: Senate Bill 25, which prohibits the sale of tobacco products and tobacco substitutes to individuals who are under 21 and prohibits individuals who are under age 21 from entering vapor establishments, reported from the Senate Health and Social Services Committee without recommendation on March 6, 2019.
Hawaii: Several bills passed the Senate on March 5, 2019: Senate Bill 887, would, effective July 1, 2050, increase the cigarette tax $1.00 per pack from $3.20 per pack to $4.20 per pack; Senate Bill 1009 would ban the sale of flavored tobacco products effective January 1, 2020; Senate Bill 1016, would prohibit the sale of tobacco within 750 feet of preschools, schools and public playgrounds, and deny licensing or renewals of tobacco retailers within that radius beginning January 1, 2020; Senate Bill 1244 clarifies that violations of the provision for sales of tobacco products to persons under 21 are imposed on the retailer, not the employee making the sale; and Senate Bill 1405 taxes e-liquids at 70% of the wholesale price and increases the annual retailer license fee from $20 to $50. Several bills died by rule on March 1, 2019: House Bill 276, which would have banned the sale of all flavored tobacco products (except menthol) and all tobacco products that appear to be marketed toward children (but see SB 1009 above); House Bill 1574, which would have subjected e-liquids to the 70% of wholesale price excise tax, make it a criminal offense to deliver untaxed e-liquids to consumers, and increase the annual retailer license fee from $2.50 to $250.00 (but see SB 1405 above); and Senate Bill 182, which would have repealed State preemption of local laws concerning the regulation of tobacco products and allow counties to adopt laws at least as stringent as State law. House Bill 1048 and Senate Bill 1274 were amended and passed their respective houses on March 1 and March 5, 2019 to allow the Department of Taxation to set a “reasonable’ annual fee for retailers in lieu of the current $20 annual fee.
Illinois: Senate Bill 1124, which redefines “tobacco products” to include vapor products, thus imposing the OTP tax rate of 36% of the wholesale price on vapor products, was postponed in the Senate Public Health Committee on March 6, 2019.
Minnesota: House File 331, which increases the legal age to purchase tobacco products and vapor products from 18 to 21 years of age, was considered in the House Judiciary Finance and Civil Law Division Committee on March 7, 2019 and referred to the House Ways and Means Committee.
New Hampshire: House Bill 680, which taxes vapor products at the OTP rate of 65.03%, was reported from the House Ways and Means Committee on March 13, 2019.
New Mexico: Senate Bill 342, which increases the legal age to purchase tobacco products and vapor products from 18 to 21 years of age, passed the Senate and moved to the House on March 7, 2019.
New York: Assembly Bill 558, which increases the age to purchase tobacco products from 18 to 21, passed the Assembly on March 6, 2019. Senate Bill 428, which prohibits the sale of flavored e-liquid for use in e-cigarettes (exempts the flavors of tobacco and menthol), reported from the Senate Health Committee on February 27, 2019. Senate Bill 592, which provides that no pharmacy shall sell or cause to be sold tobacco products, reported from the Senate Health Committee on February 27, 2019. Senate Bill 1148, which prohibits the use of coupons or use of a price reduction instrument to lower the price of certain tobacco products, reported from the Senate Health Committee on February 27, 2019.
Texas: House Bill 749, which increases the legal age to purchase, possess, and consume tobacco products and vapor products from 18 to 21 years of age, was considered in the House Public Health Committee on March 6, 2019.
Utah: House Bill 252, which regulates “alternative nicotine products” such as dissolvable strips and beverages with nicotine, and “nontherapeutic nicotine products” (those that do not require a prescription and are not approved as a nicotine replacement therapy by the FDA) as tobacco products and imposes a tax on e-cigarettes, alternative nicotine products and nontherapeutic nicotine products at 86% of the wholesale price, passed House Revenue and Taxation Committee on March 5, 2019. House Bill 274, which, effective July 1, 2019, defines businesses that sell any flavored tobacco product (other than tobacco or menthol) as a retail tobacco specialty business and applying the restrictions on proximity to certain locations and to one another, and prohibits giving tobacco products away or selling them for less than the wholesale cost or at a discounted price based on another purchase, passed House Business and Labor Committee on February 21, 2019; passed House on February 28, 2019. House Bill 324, which, as amended, increases the minimum legal sales and purchase, use and possession age for tobacco products from 19 to 20 on July 1, 2020 and to age 21 on July 1, 2021, and prohibits local jurisdictions from increasing the minimum age, passed House on March 1, 2019. House Bill 338, which grandfathers retail tobacco specialty businesses existing prior to 2016 from the location restrictions on such businesses, passed the House on March 5, 2019.
Vermont: Senate Bill 86, which increases the legal age for buying and using cigarettes, electronic cigarettes and other tobacco products from 18 to 21, passed the Senate on March 1, 2019.