International Premium Cigar & Pipe Retailers Association
Weekly Legislation Report
June 8, 2015 – June 15, 2015
The following legislative activity occurred in the preceding week on key issues impacting our
members. Please contact us with any questions or comments you have regarding these
activities.
Legislation by State
ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
COLORADO
CONNECTICUT
DELAWARE
FLORIDA
GEORGIA
HAWAII
IDAHO
ILLINOIS
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
MINNESOTA
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEVADA
NEW JERSEY
NEW MEXICO
NEW YORK
OKLAHOMA
OREGON
NORTH
DAKOTA
PENNSYLVANIA
SOUTH DAKOTA
TENNESSEE
TEXAS
NEW
HAMPSHIRE
NORTH
CAROLINA
RHODE
ISLAND
UTAH
VIRGINIA
WASHINGTON
WEST VIRGINIA
WISCONSIN
WYOMING
WASHINGTON,
D.C.
FEDERAL
ALABAMA
Nothing to report.
ALASKA
Nothing to report.
ARIZONA
Nothing to report.
ARKANSAS
Nothing to report.
OHIO
SOUTH
CAROLINA
VERMONT
CALIFORNIA
A.B. 96 - Special Request
Sponsor: Assemblymember Toni Atkins (D)
Summary: Removes from statute the exemption for the possession with intent to sell, or sale of
the dead body, or any part or product thereof, of any elephant before June 1, 1977, or the
possession with intent to sell or the sale of any such item on or after June 1, 1977, if the item
was imported before January 1, 1977. Prohibits a person from purchasing, selling, offering for
sale, possessing with intent to sell or importing with intent to sell ivory or rhinoceros horn, and
would make this prohibition enforceable by the Department of Fish and Wildlife. Makes a
violation of this measure or any rule, regulation or order adopted pursuant to this measure a
misdemeanor subject to specified criminal penalties.
Authorizes the Department to impose a civil penalty of up to $10,000 for a violation of
this measure or any rule, regulation or order adopted pursuant to this measure. Authorizes the
Department to permit the purchase, sale, offer for sale, possession with intent to sell or
importation with intent to sell ivory or rhinoceros horn for educational or scientific purposes by a
bona fide educational or scientific institution if certain criteria are satisfied.
http://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_0051-0100/ab_96_bill_20150107_introduced.pdf
Status: Introduced 1/7/2015. Referred to Assembly Water, Parks and Wildlife Committee
1/26/2015. Hearing held; passed committee; referred to Assembly Appropriations
Committee 3/10/2015. Hearing held; placed in suspense file 3/25/2015. Hearing held; passed
committee 5/28/2015. Passed Assembly; referred to Senate Rules Committee
6/2/2015. Referred to Senate Natural Resources and Water Committee 6/11/2015.
A.B. 216 - Tobacco Age Restrictions
Sponsor: Assemblymember Cristina Garcia (D)
Summary: Current version (4/13/2015): Prohibits the sale of any device intended to deliver a
nonnicotine product in a vapor state, to be directly inhaled by the user, to a person under 18
years of age. Exempts from this prohibition the sale of a drug or medical device that has been
approved by the federal Food and Drug Administration.
Current version (4/13/2015): http://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_0201-0250/ab_216_bill_20150413_amended_asm_v98.pdf
Introduced version: http://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_0201-0250/ab_216_bill_20150202_introduced.pdf
Status: Introduced 2/2/2015. Referred to Assembly Governmental Organization Committee
2/9/2015. Amended 4/13/2015. Hearing held; passed committee; referred to Assembly
Appropriations Committee 4/22/2015. Hearing held; passed committee 4/29/2015. Passed
Assembly 5/4/2015. Referred to Senate Health Committee 5/14/2015. Hearing postponed
6/10/2015.
A.B. 1278 - Tobacco Age Restrictions
Sponsor: Assemblymember Adam Gray (D)
Summary: Stipulates that if a customer or recipient of tobacco products provides an
identification card issued by the United States Armed Forces as proof of age and the
identification card lacks a physical description, but includes date of birth and a photo, further
proof of age is not required.
http://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_1251-1300/ab_1278_bill_20150227_introduced.pdf
Status: Introduced 2/27/2015. Referred to Assembly Governmental Organization Committee
3/23/2015. Hearing held; passed committee 5/6/2015. Passed Assembly; referred to Senate
Rules Committee 5/14/2015. Referred to Senate Health Committee 5/28/2015.Hearing held;
passed committee 6/10/2015.
S.B. 24 - E-Cigarettes, Retail Licensing
Sponsor: Senator Jerry Hill (D)
Summary: Current version (6/1/2015): Extends the STAKE Act to sales of electronic cigarettes
to persons under 18 years of age. Extends the requirements of the STAKE Act to the sale of
electronic cigarettes to persons under 21 years of age if S.B. 151 of the 2015-16 Regular
Session is enacted and takes effect. Requires the State Department of Public Health to enforce
the STAKE Act's provisions with regard to sales of electronic cigarettes commencing July 1,
2016.
Provides that the failure to post a notice, on and after July 1, 2016, at each point of purchase,
stating that the sale of electronic cigarettes to persons under 18 years of age is illegal, is a
crime. Imposes the same notice requirements as applied to the sale of electronic cigarettes to
persons under 21 years of age if S.B. 151 of the 2015-16 Regular Session is enacted and takes
effect.
Provides that the STAKE Act does not invalidate existing local government ordinances
regulating the distribution or sale of cigarettes, electronic cigarettes or tobacco products, or
prohibit local governments from adopting ordinances regulating the distribution or sale of
cigarettes, electronic cigarettes or tobacco products that are more restrictive than state law.
Prohibits a person from knowingly selling or otherwise furnishing an electronic cigarette to
persons under 18 years of age, and makes a violation punishable as a misdemeanor or subject
to a civil action, as specified. Prohibits a person from selling or otherwise furnishing an
electronic cigarette to persons under 21 years of age if S.B. 151 of the 2015-16 Regular
Session is enacted and takes effect.
Requires that cartridges for electronic cigarettes and solutions for filling electronic cigarettes be
in child-proof packaging to protect children from opening and ingesting the contents.
Requires the State Board of Equalization to administer a statewide program to license retailers
of electronic cigarettes. Requires retailers to apply for a license to sell electronic cigarettes and
pay a specified license fee, commencing July 1, 2016, and to display the license at each retail
location commencing September 30, 2016. Requires the State Board of Equalization to use the
revenue from this license fee only for purposes of administering the licensure program for
retailers selling electronic cigarettes. Makes retailers of electronic cigarettes subject to various
civil and criminal penalties if they fail to comply with licensing requirements.
Prohibits the use of electronic cigarettes in a variety of specified areas where the smoking of
cigarettes and other tobacco products is prohibited. Makes the use of electronic cigarettes in
some of these restricted locations a violation punishable as a crime.
Current version (6/1/2015): http://www.leginfo.ca.gov/pub/15-16/bill/sen/sb_0001-0050/sb_24_bill_20150601_amended_sen_v96.pdf
Introduced version: http://www.leginfo.ca.gov/pub/15-16/bill/sen/sb_0001-0050/sb_24_bill_20141201_introduced.html
Status: Introduced 12/1/2014. Referred to Senate Health Committee 1/15/2015. Amended
4/6/2015. Hearing canceled 4/8/2015. Hearing held; amended; passed committee; referred to
Senate Appropriations Committee 4/15/2015. Amended 4/21/2015. Hearing held; placed in
suspense file 5/4/2015. Hearing held; passed committee 5/28/2015. Amended 6/1/2015.
Refused passage; reconsideration granted 6/2/2015. Placed in inactive file 6/8/2015.
S.B. 591 - Tobacco Taxes
Sponsor: Senator Richard Pan (D)
Summary: Current version (6/2/2015): Imposes an additional tax on the distribution of
cigarettes at the rate of $0.10 for each cigarette distributed, which would be $2.00 per pack,
beginning January 1, 2016. Requires a dealer and a wholesaler to file a return with the State
Board of Equalization showing the number of cigarettes in its possession or under its control on
that date. Imposes a related floor stock tax.
Requires a licensed cigarette distributor to file a return with the Board and pay a cigarette indicia
adjustment tax at the rate equal to the difference between the existing tax rate and the tax rate
imposed by this measure for cigarette tax stamps in its possession or under its control on that
date. Provides that, because the measure would impose an additional tax on cigarettes under
the Cigarette and Tobacco Products Tax Law, it would increase the tax upon the distribution of
tobacco products under that law.
Provides that this measure will only become effective if A.B. 1396 of the 2015-2016 Regular
Session is also enacted and takes effect on or before January 1, 2016.
Current version (6/2/2015): http://www.leginfo.ca.gov/pub/15-16/bill/sen/sb_0551-0600/sb_591_bill_20150602_amended_sen_v97.pdf
Introduced version: http://www.leginfo.ca.gov/pub/15-16/bill/sen/sb_0551-0600/sb_591_bill_20150226_introduced.pdf
Status: Introduced; referred to Senate Rules Committee 2/26/2015. Referred to Senate
Governance and Finance and Health Committees 3/12/2015. Hearing canceled 4/8/2015.
Amended 4/16/2015. Hearing held; passed committee; referred to Senate Health
Committee 4/22/2015. Hearing held; passed committee; referred to Senate Appropriations
Committee 4/29/2015. Hearing held; placed in suspense file 5/11/2015. Hearing held; passed
committee 5/28/2015. Amended 6/2/2015. Placed in inactive file 6/10/2015.
COLORADO
Nothing to report.
CONNECTICUT
Nothing to report.
DELAWARE
H.B. 5 - Smoking Bans
Sponsor: Representative Debra Heffernan (D)
Summary: Current version (5/5/2015): Includes the use of an electronic smoking device which
creates an aerosol or vapor, in any manner or in any form in the definition of "electronic smoking
device."
Prohibits the use of an electronic smoking device in all public places where smoking is
prohibited.
Current version (5/5/2015): http://legis.delaware.gov/LIS/lis148.nsf/EngrossmentsforLookup/HB+5/$file/Engross.html?open
Adopted amendment (5/5/2015): http://www.legis.delaware.gov/LIS/lis148.nsf/vwLegislation/HA+4+to+HB+5/$file/legis.html?open
Introduced version: http://www.legis.delaware.gov/LIS/lis148.nsf/vwLegislation/HB+5/$file/legis.html?open
Status: Introduced; referred to Health and Human Development Committee 3/17/2015.
Amendments filed 3/24/2015. Hearing held 3/25/2015. Hearing held; passed Committee
4/1/2015. Amendment filed 4/21/2015. Amended; passed House 5/5/2015. Introduced in
Senate; referred to Health and Social Services Committee 5/6/2015. Hearing held
5/13/2015. Hearing held; passed Committee 6/10/2015. Passed Senate 6/11/2015.
FLORIDA
Nothing to report.
GEORGIA
Nothing to report.
HAWAII
Nothing to report.
IDAHO
Nothing to report.
ILLINOIS
Nothing to report.
INDIANA
Nothing to report.
IOWA
Nothing to report.
KANSAS
H.B. 2109 - E-Cigarettes, Tobacco Taxes
Sponsor: KS House Judiciary Committee
Summary: Current version (6/7/2015): Establishes a new tax on the privilege of selling or
dealing electronic cigarettes at a rate of $0.20 per milliliter of consumable material and a
proportionate tax on all fractional parts thereof beginning July 1, 2016.
Increases the state’s cigarette tax by $0.50 per pack to $1.29 per pack beginning July 1, 2015.
Establishes an inventory tax for all cigarettes on hand as of July 1, 2015 equal to $0.50 per pack
for cigarettes on hand as of July 1, 2015.
Amended version (5/27/2015): Increases the cigarette tax by $0.18 per pack to $0.97 per pack.
Increases the tobacco products tax from 10% to 15% of the wholesale price. Estasblishes an
inventory tax for all cigarette and tobacco products on hand equal to $18 per pack for cigarettes
and 5% of the wholesale sales price for tobacco products. (Pages 16-20)
Current version (6/7/2015): http://www.kslegislature.org/li/b2015_16/measures/documents/ccr_2015_hb2109_s_2447.pdf
Amendment (6/3/2015): http://www.kslegislature.org/li/b2015_16/measures/documents/fa_2015_hb2109_s_2420.pdf
Amendment (6/2/2015): http://www.kslegislature.org/li/b2015_16/measures/documents/fa_2015_hb2109_s_2408.pdf
Amendment (6/2/2015): http://www.kslegislature.org/li/b2015_16/measures/documents/fa_2015_hb2109_s_2416.pdf
Amendment (6/2/2015): http://www.kslegislature.org/li/b2015_16/measures/documents/fa_2015_hb2109_s_2392.pdf
Amendment (5/31/2015): http://www.kslegislature.org/li/b2015_16/measures/documents/fa_20-
15_hb2109_s_2370.pdf
Amendment (5/31/2015): http://www.kslegislature.org/li/b2015_16/measures/documents/fa_2015_hb2109_s_2365.pdf
Amendment (5/31/2015): http://www.kslegislature.org/li/b2015_16/measures/documents/fa_2015_hb2109_s_2363.pdf
Amendment (5/31/2015): http://www.kslegislature.org/li/b2015_16/measures/documents/fa_2015_hb2109_s_2375.pdf
Amendment (5/31/2015): http://www.kslegislature.org/li/b2015_16/measures/documents/fa_2015_hb2109_s_2371.pdf
Amended version (5/30/2015): http://www.kslegislature.org/li/b2015_16/measures/documents/hb2109_05_0000.pdf
Amended version (5/27/2015): http://www.kslegislature.org/li/b2015_16/measures/documents/hb2109_03_0000.pdf
Amended version (5/20/2015): http://www.kslegislature.org/li/b2015_16/measures/documents/hb2109_02_0000.pdf
Amended version (2/11/2015): http://www.kslegislature.org/li/b2015_16/measures/documents/hb2109_01_0000.pdf
Introduced version: http://www.kslegislature.org/li/b2015_16/measures/documents/hb2109_00_0000.pdf
Status: Introduced; referred Committee on Judiciary 1/23/2015. Hearing held 2/2/2015.
Amended; passed committee 2/11/2015. Passed House 2/25/2015. Referred to Committee on
Judiciary 2/26/2015. Re-referred to Committee on Assessment and Taxation 3/16/2015. Hearing
held; amended; passed committee 5/20/2015. Amended; failed Senate vote 5/27/2015. Rereferred to Committee on Assessment and Taxation; substituted; passed committee 5/30/2015.
Amended 5/31/2015. Amended 6/2/2015. Amended; passed Senate; amendments
rejected 6/3/2015. Senate adopted conference committee report 6/7/2015. House rejected
conference committee report 6/10/2015. House vote reconsidered; House adopted conference
committee report 6/11/2015.
KENTUCKY
Nothing to report.
LOUISIANA
H.B. 467 - Retail Licensing
Sponsor: Representative Lance Harris (R)
Summary: Final version (5/18/2015): Removes the commissioner's authority to order that no
state or local permit can be issued for the same premises where the permit for such premises is
suspended or revoked until all debts are satisfied by the retail dealer.
Prohibits manufacturers or wholesale dealers from selling, offering to sell, or delivering any
tobacco products to any retail dealer in the state for any consideration other than cash or on
terms. Requires the vendor to notify the commissioner within five business days if payment is
not received when due, or payment is returned for insufficient funds.
Establishes that any violator of the terms shall have their permit suspended for no more than
five days for the first offense and no more than 30 days for any subsequent offense.
Final version (5/18/2015):
http://www.legis.la.gov/legis/ViewDocument.aspx?d=948498
Introduced version:
http://www.legis.la.gov/legis/ViewDocument.aspx?d=936270
Status: Prefiled; referred to House Judiciary Committee 4/3/2015. Introduced 4/13/2015.
Hearing held 5/7/2015. Hearing held 5/14/2015. Hearing held; amended; passed committee
5/18/2015. Passed chamber 5/28/2015. Referred to Senate Judiciary B Committee
6/1/2015. Hearing held; passed committee 6/2/2015. Passed chamber 6/5/2015. Sent to
Governor Bobby Jindal (R) 6/9/2015.
MAINE
Nothing to report.
MARYLAND
Nothing to report.
MASSACHUSETTS
S.B. 1453 - Tobacco Taxes
Sponsor: Senator Sonia Chang-Diaz (D)
Summary: States that an excise shall be imposed on all cigars weighing more than 3 pounds
per 1,000 units and not more than 12 pounds per 1,000 units held in the Commonwealth at the
rate of 80% of the wholesale price of such product. Provides that in addition to the excise
imposed, an excise shall be imposed on all smoking tobacco held in the Commonwealth at the
rate of 90% of the wholesale price of such product. (Section 2)
Increases the excise on smokeless tobacco from 25% to 45% of the wholesale price. (Section
3)
https://malegislature.gov/Document/Bill/189/Senate/S1453.pdf
Status: Filed 1/14/2015. Referred to Joint Committee on Revenue 4/15/2015. Hearing held
6/9/2015.
MICHIGAN
Nothing to report.
MINNESOTA
Nothing to report.
MISSISSIPPI
Nothing to report.
MISSOURI
Nothing to report.
MONTANA
Nothing to report.
NEBRASKA
Nothing to report.
NEVADA
A.B. 83 - Retail Licensing
Sponsor: NV Assembly Taxation Committee
Summary: Final version (3/5/2015): Expands the definition of "manufacturer" to include persons
producing, filling, rolling, dispensing or otherwise manufacturing cigarettes using commercialgrade cigarette rolling machines. Prohibits a manufacturer from operating a cigarette rolling
machine without a license from the Department of taxation. Provides that cigarette rolling
machines that are used in violation of this act are subject to seizure and destruction by law
enforcement authorities.
Provides that a manufacturer of tobacco who maintains a registered agent in the state solely
because of the requirements set forth in the Prevent All Cigarette Trafficking Act of 2009 is not
deemed to conduct business in the state.
Defines "cigarette rolling machine" as any machine that:
A) May be loaded with loose tobacco, cigarette tubes, cigarette papers or any other component
related to the production of cigarettes.
B) Is designed to automatically or mechanically produce, roll, fill, dispense or otherwise
manufacture cigarettes.
C) Is of a commercial grade or otherwise designed or suitable for commercial use.
D) Is designed to be powered or operated by a primary source of power other than human
power.
Excludes from the definition of "cigarette rolling machine" any handheld or manually operated
machine or device if it is used to make cigarettes for the personal consumption of the owner of
the machine or device, or if it is held by a retail establishment solely for sale to a consumer for
the purpose of making cigarettes off the premises of the retail establishment and for personal
consumption.
Final version (3/5/2015): https://www.leg.state.nv.us/Session/78th2015/Bills/AB/AB83_EN.pdf
Introduced version: https://www.leg.state.nv.us/Session/78th2015/Bills/AB/AB83.pdf
Status: Prefiled; referred to Assembly Committee on Taxation 12/20/2014. Introduced 2/2/2015.
Hearing held 2/26/2015. Hearing held; amended; passed committee 3/5/2015. Passed
Assembly 4/10/2015. Referred to Committee on Revenue and Economic Development
4/13/2015. Hearing held 5/8/2015. Hearing held; amended; passed committee 5/14/2015.
Passed Senate 5/22/2015. Sent to Governor 5/29/2015. Signed by Governor Brian Sandoval
(R) 6/9/2015.
S.B. 79 - E-Cigarettes, Tobacco Taxes
Sponsor: Senate Committee on Revenue and Economic Development
Summary: Final version (5/31/2015): Clarifies that the tax on other tobacco products does not
include alternative nicotine products and vapor products.
Defines alternative nicotine product as any noncombustile product containing nicotine that is
intended for human consumption, whether chewed, absorbed, dissolved or ingested by any
other means. Clarifies that the term does not include a vapor product, a product made or
derived from tobacco or any product regulated by the United States Food and Drug
Administration under subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§
351 et seq.
Defines vapor product as any noncombustible product containing nicotine that employs a
heating element, power source, electronic circuit or other electronic, chemical or mechanical
means, regardless of the shape or size thereof, that can be used to produce vapor from nicotine
in a solution or other form. Clarifies that the term includes without limitation: a) an electronic
cigarette, cigar, cigarillo or pipe or a similar product or device; and b) a vapor cartridge or other
container of nicotine in a solution or other form that is intended to be used with or in an
electronic cigarette, cigar, cigarillo or pipe or a similar product or device.
Introduced version: Imposes a sales tax on liquid nicotine products at the rate of 30% of the
wholesale price. Excludes from this tax liquid nicotine products that are: A) shipped out of the
state for sale and use outside the state; B) displayed or exhibited at a trade show, convention or
other exhibition in the state by a manufacturer or wholesale dealer who is not licensed in the
state; C) or acquired free of charge at a trade show, convention or other exhibition or public
event in this state, and which do not have significant value as determined by the Department of
Taxation by regulation.
Provides that a wholesale dealer of liquid nicotine products is entitled to retain 0.25% of the
taxes collected to cover the cost of collecting and administering the taxes. Provides that any
wholesale dealer who sells or distributes liquid nicotine products without paying the tax is guilty
of a misdemeanor.
Requires a wholesale dealer of liquid nicotine products to submit a report along with the taxes
owed to the Department of Taxation no later than 20 days after the end of each month setting
forth each sale of liquid nicotine products.
Requires a wholesale dealer of liquid nicotine products to obtain from each manufacturer or
wholesale dealer who is not licensed in the state itemized invoices of all liquid nicotine products
purchased from and delivered by the manufacturer or wholesale dealer who is not licensed in
the state. Requires wholesale dealers to maintain records of these invoices for at least three
years after the date of purchase. Requires retail dealers to maintain records of all invoices of
liquid nicotine products purchased and delivered from wholesale dealers.
Provides for a credit of 30% of the wholesale price, less a discount of 0.25% for the services
rendered in collecting the tax, for liquid nicotine products on which the tax has been paid and
that may no longer be sold. Provides the same credit for any liquid nicotine products shipped
from the State and destined for retail sale and consumption outside the State on which the tax
has previously been paid.
Allows the governing body of an Indian reservation or colony to impose an excise tax on liquid
nicotine products.
Provides for a refund for the taxes paid on liquid nicotine products that are sold to: A) the U.S.
government for shipment to a military bases within the state; B) Veterans' hospital for
distribution or sale to service personnel with disabilities or ex-service personnel with disabilities;
C) any person if sold and delivered on an Indian reservation or colony where an excise tax has
been imposed; or D) an Indian if sold and delivered on an Indian reservation or colony where no
excise has been imposed.
Includes under the definition of "contraband tobacco products" the following:
1) Liquid nicotine that is exported from or imported into the state, or mailed, shipped, delivered,
sold, exchanged, transported, distributed or held for distribution within the borders of the state
by any person in violation of any provisions of this chapter.
2) Liquid nicotine that is in any way held in the possession or constructive possession of any
person not authorized under this chapter to do so.
3) Liquid nicotine that is being offered for sale in any form other than in an unopened package.
Includes under the definition of "other counterfeit tobacco product" any liquid nicotine product
package bearing a false manufacturing label.
Defines "liquid nicotine" as any liquid or other solution containing any form of nicotine, including,
without limitation, any salt or complex thereof, regardless of whether the nicotine is naturally or
synthetically derived.
Defines "wholesale dealer" as: 1) any person who brings or causes to be brought in the state
other tobacco products or liquid nicotine purchased from the manufacturer or a wholesale dealer
and who stores, sells or otherwise disposes of such other tobacco products or liquid nicotine
within the state; 2) manufactures or produces other tobacco products or liquid nicotine within the
state and who sells or distributes such products within the state to other wholesale dealers,
retail dealers or ultimate consumers; or 3) purchases other tobacco products or liquid nicotine
products solely for the purpose of bona fide resale to retail dealers or to other persons for the
purpose of resale only.
Final version (5/31/2015): https://www.leg.state.nv.us/Session/78th2015/Bills/SB/SB79_R1.pdf
Introduced version: https://www.leg.state.nv.us/Session/78th2015/Bills/SB/SB79.pdf
Status: Prefiled; referred to Senate Committee on Revenue and Economic Development
12/20/2014. Introduced 2/2/2015. Hearing held 2/12/2015. Hearing held 5/22/2015. Amended;
passed committee; passed Senate; referred to Committee on Taxation 5/31/2015. Hearing held;
passed committee; passed Assembly 6/1/2015. Sent to Governor 6/8/2015. Signed by Governor
Brian Sandoval (R) 6/9/2015.
S.B. 483 - Tobacco Taxes
Sponsor: NV Senate Revenue Committee
Summary: Final version (5/31/2015): Increases the excise tax on cigarettes to $1.80 per pack
of cigarettes. Requires a wholesale dealer who purchases a revenue stamp evidencing payment
of the tax before July 1, 2015, but who has not affixed that stamp to a pack of cigarettes before
that date to pay the additional tax on the stamp. (Pages 26-27)
Final version (5/31/2015): https://www.leg.state.nv.us/Session/78th2015/Bills/SB/SB483_EN.pdf
Amended version (5/14/2015): https://www.leg.state.nv.us/Session/78th2015/Bills/Amendments/A_SB483_685.pdf
Introduced version: https://www.leg.state.nv.us/Session/78th2015/BDR/BDR78_32-1182.pdf
Status: Introduced; referred to Committee on Revenue and Economic Development 3/23/2015.
Hearing held 3/26/2015. Hearing held 4/9/2015. Hearing held 5/5/2015. Hearing held 5/7/2015.
Amended; passed committee 5/14/2015. Passed Senate 5/15/2015. Referred to Committee on
Taxation 5/18/2015. Hearing held 5/26/2015. Passed committee 5/28/2015. Amended; passed
Assembly 5/31/2015. Senate concurred 6/1/2015. Sent to Governor 6/8/2015. Signed by
Governor Brian Sandoval (R) 6/9/2015.
NEW HAMPSHIRE
S.B. 169 - Retail Licensing
Sponsor: Senator Jeanie Forrester (R)
Summary: Current version (6/3/2015): Prohibits the use of electronic benefit cards (EBT) at
cigar stores and smoke shops.
Current version (6/3/2015): http://www.gencourt.state.nh.us/legislation/2015/SB0169_HA.html
Introduced version: http://www.gencourt.state.nh.us/legislation/2015/SB0169.pdf
Status: Introduced; referred to Senate Health and Human Services Committee 1/15/2015.
Hearing held 3/10/2015. Executive session held; passed Committee 3/18/2015. Passed Senate
3/26/2015. Referred to House Health, Human Services and Elderly Affairs Committee
3/31/2015. Hearing held 4/8/2015. Executive session held 4/28/2015. Executive session held;
passed committee 5/19/2015. Amended; passed House 6/3/2015. Senate failed to concur in
House's amendments; Senate appointed conferees 6/4/2015. House apppointed conferees
6/9/2015.
NEW JERSEY
A.B. 305 - Tobacco Age Restrictions
Sponsor: Assemblymember David Russo (R)
Summary: Current version (6/11/2015): Prohibits the use of smokeless tobacco in any area of
any building of, or on the grounds of, any public school. Requires the Board of Education of
each school district to ensure the placement, in every public entrance to a public school building
in its district, of a sign indicating that the use of smokeless tobacco is prohibited in the school.
Provides that the penalties for using smokeless tobacco in violation of this bill would be a fine of
not less than $250 for the first offense, $500 for the second offense, and $1,000 for each
subsequent offense.
Current version (6/11/2015): http://www.njleg.state.nj.us/2014/Bills/A0500/305_R1.PDF
Introduced version: http://www.njleg.state.nj.us/2014/Bills/A0500/305_I1.HTM
Status: Filed 1/14/2014. Introduced; referred to Education Committee 1/16/2014. Committee
meeting held; passed 10/27/2014. Amended 6/11/2015.
A.B. 4507 - Smoking Bans
Sponsor: Assemblymember Jack Ciattarelli (R)
Summary: Prohibits tobacco use in dormitory and other student residence buildings of
institutions of higher education.
http://www.njleg.state.nj.us/2014/Bills/A5000/4507_I1.PDF
Status: Introduced 6/4/2015. Referred to Assembly Higher Education Committee 6/11/2015.
S.B. 2883 - E-Cigarettes, Smoking Bans
Sponsor: Senator Joseph Vitale (D)
Summary: Prohibits smoking in automobiles when a child 16 or younger is present.
Statute defines "smoking" as the burning of, inhaling from, exhaling the smoke from or the
possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains
tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor
from an electronic smoking device.
http://www.njleg.state.nj.us/2014/Bills/S3000/2883_I1.PDF
Status: Introduced 5/7/2015. Referred to Senate Health, Human Services and Senior Citizens
Committee 5/14/2015. Hearing scheduled 6/15/2015.
S.B. 2988 - Smoking Bans
Sponsor: Senator Jennifer Beck (R)
Summary: Permits smoking in certain facilities for purpose of medical or scientific healthrelated research.
Bill text has yet to be released.
Status: Introduced 6/8/2015.
NEW MEXICO
Nothing to report.
NEW YORK
A.B. 5917 - Smoking Bans
Sponsor: Assemblymember Victor Pichardo (D)
Summary: Prohibits smoking within 100 feet of the entrances, exits or outdoor areas of any
after school program only on those days and during those hours in which such after-school
programs are operational.
http://assembly.state.ny.us/leg/?default_fld=&bn=A05917&term=2015&Text=Y
Status: Introduced; referred to Assembly Health Committee 3/9/2015. Meeting held; passed
Committee; referred to Codes Committee 6/9/2015.
A.B. 5955 - Smoking Bans
Sponsor: Assemblymember Linda Rosenthal (D)
Summary: Current version (4/27/2015): Makes the restrictions relating to smoking in public
areas applicable to electronic cigarettes.
Current version (4/27/2015): http://assembly.state.ny.us/leg/?default_fld=%0D%0A&;bn=A05955&term=2015&Text=Y
Introduced version: http://statelink.stateside.com/Attachments/231025_AB5955.pdf
Status: Introduced; referred to Assembly Health Committee 3/9/2015. Hearing held; passed
Committee; referred to Codes Committee 4/22/2015. Amended 4/27/2015. Meeting held
6/8/2015. Meeting scheduled 6/15/2015.
A.B. 7154 - Smoking Bans
Sponsor: Assemblymember Linda Rosenthal (D)
Summary: Prohibits the possession of e-cigarettes on school grounds.
http://assembly.state.ny.us/leg/?default_fld=&bn=A07154&term=2015&Text=Y
Status: Introduced; referred to Assembly Health Committee 4/27/2015. Meeting held; passed
Committee; referred to Codes Committee 5/28/2015. Meeting scheduled 6/15/2015.
A.B. 8064 - Tobacco Taxes
Sponsor: Assemblymember Felix Ortiz (D)
Summary: Current version (6/9/2015): Creates the Cigarette Tax Enforcement Fund to increase
enforcement of the cigarette tax and quell the influx of illegal cigarettes in state markets.
Requires $0.04 per tax stamp to be directed into the Fund.
States that in the absence of the filing with the commissioner of satisfactory proof of a lesser
cost of doing business of the agent making the sale, the cost of doing business by the agent
shall be presumed to be 2.25% of the basic cost of cigarettes for sales to wholesale dealers,
5.75% of the basic cost of cigarettes for sales to chain stores and 5.75% of the basic cost of
cigarettes with respect to sales to retail dealers.
States that in the absence of the filing with the commissioner of satisfactory proof of a lesser
cost of doing business of the wholesale dealer making the sale, the cost of doing business by
the wholesale dealer with respect to sales to retail dealers and chain stores is presumed to be
3.5% of the basic cost of cigarettes.
States that in the absence of the filing with the commissioner of satisfactory proof of a lesser
cost of doing business of the retail dealer making the sale, the cost of doing business by the
retail dealer is presumed to be 8.5% of the basic cost of cigarettes plus the cost of doing
business by the agent with respect to cigarettes sold to retail dealers.
States that in the absence of the filing with the commissioner of satisfactory proof of a lesser
cost of doing business of the retail dealer making the sale, the cost of doing business by the
retail dealer is presumed to be 10% of the basic cost of cigarettes plus the cost of doing
business by the agent with respect to cigarettes sold to retail dealers.
Appropriates to the Division of the State Police $6 million from the Cigarette Tax Enforcement
Fund to support cigarette tax enforcement activities.
Current version (6/9/2015): http://assembly.state.ny.us/leg/?default_fld=%0D%0A&;bn=A08064&term=2015&Summary=Y&Text=Y
Introduced version: http://statelink.stateside.com/Attachments/240748_a8064intro.pdf
Status: Introduced; referred to Assembly Ways and Means Committee 6/5/2015. Amended;
recommitted to Assembly Ways and Means Committee 6/9/2015.
A.B. 8155 - Smoking Bans
Sponsor: Assemblymember Charles Lavine (D)
Summary: Prohibits any person from smoking within 50 feet of any playground at any time.
http://assembly.state.ny.us/leg/?default_fld=%0D%0A&;bn=A08155&term=2015&Text=Y
Status: Introduced; referred to Health Committee 6/10/2015.
NORTH CAROLINA
S.B. 286 - E-Cigarettes, Tobacco (Labeling/Packaging)
Sponsor: Senator Stan Bingham (R)
Summary: Current version (4/22/2015): Prohibits the sale of e-liquid without proper childresistant packaging.
States that it shall be unlawful for any person, firm, or corporation to sell, offer for sale, or
introduce into commerce in this state an e-liquid container for an e-liquid product containing
nicotine unless the packaging for the e-liquid product states that the product contains nicotine.
Defines e-liquid as liquid product, whether or not it contains nicotine, that is 16intended to be
vaporized and inhaled using a vapor product. Defines vapor product as any noncombustible
product that employs a mechanical heating element, battery, or electronic circuit regardless of
shape or size and that can be used to heat a liquid solution contained in a vapor cartridge.
Current version (4/22/2015): http://www.ncleg.net/Sessions/2015/Bills/Senate/PDF/S286v3.pdf
Amended version (4/21/2015): http://www.ncleg.net/Sessions/2015/Bills/Senate/PDF/S286v2.pdf
Introduced version: http://www.ncleg.net/Sessions/2015/Bills/Senate/PDF/S286v0.pdf
Status: Filed 3/12/2015. Referred to Committee on Rules and Operations of the Senate
3/16/2015. Re-referred to Committee on Health Care 4/15/2015. Hearing held; substituted;
passed committee 4/21/2015. Amended; passed Senate 4/22/2015. Referred to Committee on
Health; and Committee on Commerce and Job Development 4/27/2015. Hearing held; passed
committee; referred to Committee on Commerce and Job Development 5/27/2015. Hearing
held; passed committee; referred to Committee on Judiciary II 6/10/2015.
NORTH DAKOTA
Nothing to report.
OHIO
H.B. 64 - E-Cigarettes, Retail Licensing, Smoking Bans, Tobacco (Sampling of
Products), Tobacco Taxes
Sponsor: Representative Ryan Smith (R)
Summary: Current version (6/9/2015): Increases the tax on cigarettes to $0.0825 per cigarette.
Lengthens the period of time during which wholesale dealers may buy cigarette excise stamps
on credit from July 1-May 1 to July 1-June 23 of each fiscal year. Increases the tax on tobacco
products that are not little cigars to 22.5% and the tax on little cigars to 49%. (Pages 3302-3308)
Amended version (4/20/2015): Prohibits a pupil from using or possessing any substance
containing nicotine in any area under control of a school district or an educational service
center, including any outdoor facilities. (Page 939)
Authorizes the Board of County Commissioners of a county with a population of not less than
375,000 and not greater than 390,000 to create a regional arts and culture district to promote
arts, culture, and excellence within the community with an emphasis on outreach to children.
Authorizes such a county, upon voter approval, to levy a cigarette tax in support of the regional
arts and culture district. (Pages 1310-1312)
Introduced version: Imposes a tax on vapor products at the cigarette equivalent of vapor product
rate beginning January 1, 2016. States that the cigarette equivalent of a vapor product is onetenth of one milliliter of vapor product if the vapor product is sold in liquid form or one gram of
vapor product if the vapor product is sold in nonliquid form. States that the tax applies to the
entire volume or weight, as applicable, of the vapor product, regardless of whether the product
includes additives other than nicotine. (Page 2101)
States that a vapor product dealer may purchase vapor products only from a licensed wholesale
dealer. States that a licensed wholesale dealer may sell vapor products only to a licensed retail
dealer or to another licensed wholesale dealer, except that, if the licensed wholesale dealer is a
vapor dealer, the licensed wholesale dealer may also sell vapor products to consumers. States
that no person that has nexus with this state shall act as a wholesale dealer without having a
license issued by the Tax Commissioner for such purpose. (Page 2103)
Increases the tax on cigarettes to 112.5 mills on each cigarette (Page 2078)
Increases the tax on tobacco products to 60% of the wholesale price. (Page 2094)
Prohibits a manufacturer from selling cigarettes in the state after July 1, 2015 unless the
cigarette brand family is listed on the Department of Taxation's web site. (Page 2088)
Prohibits a pupil from using or possessing any substance containing nicotine in any area under
control of a school district or an educational service center, including any outdoor facilities.
(Page 772)
States that in all advertisements, offers for sale, or sales involving two or more items at a
combined price and in all advertisements, offers for sale, or sales involving the giving of any
concession of any kind, whether it be coupons or otherwise, the retail dealer's or wholesale
dealer's selling price shall not be below the retail cigarette price or the wholesale cigarette price,
respectively, of all articles, products, commodities, and concessions included in such
transactions. Provides that no retail dealer shall, with intent to injure competitors or to destroy
substantially or lessen competition, advertise, offer to sell, or sell at retail cigarettes at less than
the retail cigarette price. (Page 2089)
Provides that on dissolution of a partnership by death, the surviving partner may operate under
the license of the partnership until expiration of the license, and the heirs or legal
representatives of the deceased person, and receivers and trustees in bankruptcy appointed by
any competent authority, may operate under the license of the person succeeded in possession
by the heir, representative, receiver, or trustee in bankruptcy if the partner or successor notifies
the department of taxation of the dissolution or succession within 30 days after the dissolution or
succession. (Page 2104)
Defines vapor product as a noncombustible product that contains or is made or derived from
nicotine, that is intended and marketed for human consumption, including by smoking, inhaling,
snorting, or sniffing, and that includes any component, part, or additive that is intended for use
in a mechanical heating element, battery, or electronic circuit and is used to deliver the product.
(Page 2100)
Defines use nicotine as to maintain any substance containing nicotine or a similar substance
intended for human consumption or consume nicotine or similar substance, whether by means
of smoking, heating, chewing, absorbing, dissolving, or ingesting by any other means. Defines
nicotine replacement therapy product as a smoking or nicotine cessation product that has been
approved by the United States food and drug administration as a nicotine replacement therapy
product. (Page 772)
Current version (6/9/2015): http://search-prod.lis.state.oh.us/solarapi/v1/general_assembly_131/bills/hb64/PSC?format=pdf
Amended version (4/20/2015): http://search-prod.lis.state.oh.us/solarapi/v1/general_assembly_131/bills/hb64/PH?format=pdf
Amended version (4/14/2015): http://search-prod.lis.state.oh.us/cm_pub_api/api/unwrap/chamber/131st_ga/ready_for_publication/committee_docs/cmte_h_fin_app_1/submissions/cmte_h_fin_app_1_2015-04-14-0300_458/hb64subbill.pdf
Introduced version: http://search-prod.lis.state.oh.us/solarapi/v1/general_assembly_131/bills/hb64/IN?format=pdf
Provision Outlook: The Ohio Chamber of Commerce testified in opposition to the proposed
tax package. A representative for the Buckeye Institute for Public Policy Solutions questioned
the projected revenues from the tobacco tax changes stating "This cast is dubious because a
tax increase of the magnitude recommended in the budget is likely to drive tobacco users to
purchase out of state or reduce smoking more than the current trend would forecast." Action
may be taken by the full committee.
The House Ways and Means Committee met March 4 for an informational hearing on the
budget. All testimony will be allowed. The focus of this meeting was discuss the tobacco tax
provisions in the budget. Action was not taken during the hearing.
The majority of proponent testimony came from health care advocates. A representative from
Altria Client Services, Inc. testified that "If passed, the proposed cigarette excise tax will cause
packs of cigarettes to be much more expensive in Ohio when compared to its neighbors. In the
past, Ohio has had severe problems with illegal trade and border-shopping during periods of
high taxation."The Ohio Petroleum Marketers and Convenience Store Association and the Ohio
Premium Cigar and Pipe Association also opposed the tax increases.
Governor Kasich has expressed optimism about the potential of passing this tax package,
adding that "In some ways this is a special interest full employment bill as well because they'll
all be coming in trying to protect their stuff. It's okay, I understand that. But what I've asked the
Legislature to do is: if you don't like what we've proposed, tell us what you do propose? And
don't come up with something like cut the government by 10%. That doesn't work. What would
you want to jettison? You want to get rid of the small business tax cut? You want to cut back on
the benefits to the working poor so they will work harder and get out of being poor? You want to
say that our (income tax) rates ought to be high so people continue to move out of this state?"
The proposed tax increases would bring in an estimated additional $528.1 million in fiscal year
2016 revenue and $462.7 in fiscal year 2017 revenue.
House Finance and Appropriations Committee Chair Representative Ryan Smith (R)
commended the Governor's plan but Senate Minority Leader Joe Schiavoni (D) said "The last
thing Ohioans need is another increase in the state sales tax. Instead of raising taxes on
everyone to benefit a few, the Governor should have proposed meaningful investments in
education and local communities."
Status: Introduced; referred to House Finance and Appropriations Committee 2/11/2015.
Hearing held 2/12/2015. Subcommittee meeting held 2/19/2015. Subcommittee meeting held
3/4/2015. Subcommittee meeting held 3/10/2015. Subcommittee meeting held 3/11/2015.
Hearing held 3/24/2015. Hearing held 3/25/2015. Hearing held 3/26/2015. Hearing held;
substituted 4/14/2015. Hearing held 4/15/2015. Hearing held 4/16/2015. Hearing held
4/17/2015. Hearing held; amended; passed committee 4/20/2015. Passed House 4/22/2015.
Referred to Finance Committee 4/28/2015. Hearing held 5/26/2015. Hearing held; substituted
6/9/2015. Hearing held 6/10/2015. Hearing held 6/11/2015. Hearing scheduled
6/16/2015. Hearing scheduled 6/17/2015.
H.B. 168 - Retail Licensing
Sponsor: Representative Matt Huffman (R)
Summary: Bans the sale of products intended for use in electronic cigarettes that are not in
child-resistant packaging.
Defines child-resistant packaging as packaging to which both of the following apply: a) the
packaging is designed or constructed to be significantly difficult, within a reasonable time, for a
child under five years of age to open or to obtain a toxic or harmful amount of the substance
contained in the packaging; and b) the packaging is not difficult for a normal adult to open or to
properly use the product packaged.
http://search-prod.lis.state.oh.us/solarapi/v1/general_assembly_131/bills/hb168/IN?format=pdf
Status: Introduced 4/23/2015. Referred to Health and Aging Committee 4/28/2015. Hearing
held 5/6/2015. Hearing held 5/13/2015. Hearing held 5/20/2015. Hearing held
5/27/2015. Hearing scheduled 6/17/2015.
S.B. 54 - Retail Licensing
Sponsor: Representative Shannon Jones (R)
Summary: Current version (6/10/2015): States that no person shall knowingly sell at retail any
liquid nicotine container that does not satisfy one of the following: a) the child-resistant
effectiveness standards listed in 16 C.F.R. 1700.15(b), that are in effect on the effective date of
this section; or b) child-resistant packaging guidelines adopted by the Department of Health.
Exempts a) a liquid nicotine container that is prefilled and sealed by the manufacturer for use in
an electronic cigarette and that is not intended to be opened by the consumer; and b) liquid
nicotine container that is sold at retail on or after the date that final regulations are issued by the
United States Food and Drug Administration, or any other federal agency with jurisdiction, that
mandate child-resistant effectiveness standards for liquid nicotine containers.
Directs the Department of Health to develop guidelines and adopt rules establishing the
standards for child-resistant packaging.
Defines liquid nicotine container as a bottle or other container of a liquid that contains nicotine
and that is sold, marketed, or intended for use in an electronic cigarette.
Introduced version: States that unless specifically preempted by federal law, no person shall
manufacture, regardless of location, for sale in; offer for sale in; sell in or into the stream of
commerce in; or otherwise introduce into the stream of commerce in this state any liquid,
whether or not the liquid contains nicotine, that is intended for human consumption and use in
an electronic cigarette that is not in child-resistant packaging. Exempts electronic cigarette
products sold in sealed, prefilled or disposable.
Directs the Department of Health to develop guidelines and adopt rules establishing the
standards for child-resistant packaging.
Defines child resistant packaging as packaging to which both of the following apply: a) the
packaging is designed or constructed to be significantly difficult, within a reasonable time, for a
child under five years of age to open or to obtain a toxic or harmful amount of the substance
contained in the packaging; b) the packaging is not difficult for a normal adult to open or to
properly use the product packaged.
Current version (6/10/2015): http://search-prod.lis.state.oh.us/solarapi/v1/general_assembly_131/bills/sb54/RS?format=pdf
Introduced version: http://search-prod.lis.state.oh.us/solarapi/v1/general_assembly_131/bills/sb54/IN?format=pdf
Status: Introduced 2/12/2015. Referred to Transportation, Commerce and Labor Committee
2/18/2015. Hearing held 5/27/2015. Hearing held; substituted; passed committee 6/10/2015.
OKLAHOMA
Nothing to report.
OREGON
S.B. 663 - Retail Licensing, Tobacco Age Restrictions
Sponsor: Senator Laurie Monnes-Anderson (D)
Summary:
Current version (4/20/2015): Prohibits a person from making a retail sale of a tobacco product or
inhalant delivery system unless the person sells the tobacco product or inhalant delivery system
at a premises that has been licensed by the Oregon Liquor Control Commission for such sales.
Excludes registered medical marijuana facilities from the licensure requirement. Provides that to
be licensed by the commission, a premises must have a physical address, may not be located
at the same address as a residence and may not be located within 1,000 feet of any part of the
premises of a public school for which attendance is compulsory or a private or parochial school.
Allows the commission to establish the term of licensure, the procedures for applying for and
renewing licenses, the cost of the fee and to inspect the proposed premises of an applicant.
Prohibits a person who makes retail sales of tobacco products or inhalant delivery systems
from selling, offering for sale or allowing to be sold a tobacco product or an inhalant delivery
system for free or at a nominal price for the purpose of promoting the tobacco product or
inhalant delivery system. Prohibits a person who makes retail sales of tobacco products or
inhalant delivery systems from selling, offering for sale or allowing to be sold a tobacco product
or inhalant delivery system at a reduced price if the buyer of the tobacco product, component or
substance purchases multiple packets of the tobacco product, component or substance during a
single transaction. Prohibits a person from redeeming a coupon for a tobacco product or an
inhalant delivery system. States that a person that makes retail sales of inhalant delivery
systems and allows customers to sample such products at the business premises must be
primarily engaged in the sale of inhalant delivery systems, with at least 75% of gross revenues
of the business resulting from the sale of inhalant delivery systems, may not sell tobacco
products or alcohol and may not permit a minor under 18 years of age to enter the premises.
Allows the aerosolizing or vaporizing of inhalants that do not contain cannabinoids on the
premises of a business that holds itself out to the public as being primarily engaged in the
business of selling inhalant delivery systems, provided that the business is not located at the
same address as a residence, does not sell tobacco products or alcohol and does not permit a
person under 18 years of age to enter the premises.
Creates the offense of selling tobacco products, tobacco product devices or inhalant delivery
systems to a person under 21 years of age.
Defines inhalant delivery system as a device that can be used to deliver nicotine in the form of a
vapor or aerosol to a person inhaling from the device, or a component of a device so described
or a substance in any form sold for the purpose of being vaporized or aerosolized by a device
so described, whether the component or substance is sold separately or not sold separately.
Provides that inhalant delivery system does not include tobacco products or tobacco cessation
products. Provides for discipline and civil penalties for violation of these provisions.
Current version (4/20/2015): https://olis.leg.state.or.us/liz/2015R1/Downloads/MeasureDocument/SB663/A-Engrossed
Adopted Amendment #1 (4/20/2015): https://olis.leg.state.or.us/liz/2015R1/Downloads/ProposedAmendment/5351
Adopted Amendment #2 (4/20/2015): https://olis.leg.state.or.us/liz/2015R1/Downloads/ProposedAmendment/5931
Introduced version: https://olis.leg.state.or.us/liz/2015R1/Downloads/MeasureDocument/SB663/Introduced
Provision Outlook: Proposed Amendment (5/19/2015): Shifts licensure jurisdiction to the
Department of Revenue. Requires postage of proof of licensure. Allows sampling of inhalant
delivery system products at licensed premises.
https://olis.leg.state.or.us/liz/2015R1/Downloads/ProposedAmendment/6699
Status: Introduced 2/17/2015. Referred to Health Care Committee 2/19/2015. Hearing held
3/9/2015. Hearing held 4/13/2015. Hearing held; amended; passed committee; referred to
Senate Finance and Revenue Committee 4/20/2015. Hearing held 5/19/2015. Work session
postponed 6/1/2015. Work session postponed 6/2/2015. Work session postponed 6/3/2015.
Work session postponed 6/4/2015. Work session postponed 6/8/2015. Work session postponed
6/9/2015. Work session held 6/10/2015. Work session held 6/11/2015.
PENNSYLVANIA
H.B. 682 - Smoking Bans
Sponsor: Representative Thomas Murt (R)
Summary: Stipulate that smoking bans do not apply to a cigar bar or cigar lounge that, as of the
effective date of the measure, operates as a cigar bar or cigar lounge and satisfies all of the
requirements.
Calls for health warning signage.
http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2015&;sessInd=0&billBody=H&billTyp=B&billNbr=0682&;pn=0823
Status: Introduced; referred to House Health Committee 3/4/2015. Hearing scheduled
6/15/2015.
RHODE ISLAND
H.B. 5900 - Tobacco Taxes
Sponsor: Representative Raymond Gallison (D)
Summary: Current version (6/9/2015): Raises the tax on cigarettes from 175 mills to 187.5 mills
for each cigarette.
Current version (6/9/2015):
http://webserver.rilin.state.ri.us/BillText15/HouseText15/H5900a.pdf
Introduced version:
http://webserver.rilin.state.ri.us/BillText/BillText15/HouseText15/H5900.pdf
Status: Introduced; referred to House Finance Committee 3/13/2015. Hearing held; amended;
passed committee 6/9/2015.
H.B. 6299 - Smoking Bans
Sponsor: Representative Scott Slater (D)
Summary: Authorizes police officers to provide a verbal warning to a person who is smoking in
a vehicle containing a child who is restrained or required to be restrained.
http://webserver.rilin.state.ri.us/BillText/BillText15/HouseText15/H6299.pdf
Status: Introduced; referred to House Judiciary Committee 6/9/2015.
SOUTH CAROLINA
Nothing to report.
SOUTH DAKOTA
Nothing to report.
TENNESSEE
Nothing to report.
TEXAS
Nothing to report.
UTAH
Nothing to report.
VERMONT
Nothing to report.
VIRGINIA
Nothing to report.
WASHINGTON
H.B. 2211 - E-Cigarettes, Retail Licensing, Tobacco Taxes
Sponsor: Representative Gerry Pollet (D)
Summary: Stipulates that there is levied and collected a tax upon the sale, use, consumption,
handling, possession, or distribution of all vapor products in this state equal to 60% of the
taxable sales price. Clarifies that if the vapor product is sold together with products not taxable
under this chapter for one price, the tax imposed by this section applies to the entire selling
price of the product. (Pages 6-7)
States that no person may transport or cause to be transported in this state vapor products for
sale other than: a) a licensed distributor in the distributor's own vehicle, a manufacturer's
representative authorized to sell or distribute vapor products in this state or a licensed retailer in
the retailer's own vehicle; or b) a person who has given notice to the board in advance of the
commencement of transportation. (Page 11)
States that no person may qualify for a distributor's license or a retailer's license under this
section without first undergoing a criminal background check. (Page 12)
States that a manufacturer that has manufacturer's representatives who sell or distribute the
manufacturer's vapor products in this state must provide the board a list of the names and
addresses of all such representatives and must ensure that the list provided to the board is kept
current. (Page 15)
Stipulates that any vapor products in the possession of a person selling vapor products in this
state acting as a distributor or retailer and who is not licensed as or a person who is selling
vapor products in violation of this act, may be seized without a warrant. (Page 16)
Creates a tax exemption for the sale, use, consumption, handling, possession or distribution of
vapor products by an Indian retailer during the effective period of a vapor product tax contract.
(Page 19)
Authorizes the Governor to enter into vapor product tax contracts with federally recognized
Indian tribes located within the geographical boundaries of the state. (Page 28)
Defines vapor product as any noncombustible product that employs a mechanical heating
element, battery, or electronic circuit regardless of shape or size that can be used to produce
vapor from a liquid solution or other substance, including an electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe, or similar product or device. (Page 6)
http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/House%20Bills/2211.pdf
Status: Introduced; referred to Finance Committee 3/25/2015. Hearing held 4/3/2015. Executive
session held 6/8/2015.
WEST VIRGINIA
Nothing to report.
WISCONSIN
Nothing to report.
WYOMING
Nothing to report.
WASHINGTON, D.C.
Nothing to report.
FEDERAL
Nothing to report.