Latest State Tobacco Legislation Bill Introductions and Updates

Maine: CORRECTION–The legislature adjourned sine die on March 30, 2021. However, a special session will convene on April 28th.

Minnesota: House Tax Bill HF991 Delete Everything amendment no longer includes the cigarette or tobacco product tax increases, but does contain the 95 percent tax on electronic nicotine devices. Hearings held in the House Tax Committee April 7th- 9th.

Missouri: HB517, which raises the age to purchase and possess tobacco products from 18 to 21 and includes a provision preempting localities from regulating the sales of tobacco products, alternative nicotine products and vapor products, was scheduled for a public hearing in committee on Downsizing State Government on April 7th but was not heard.

Montana: Senate Bill 398, which prohibits a local government from adopting or enforcing any local ordinance or resolution that prohibits the sale of alternative nicotine products or vapor products, passed the Senate and moved to the House on April 8, 2021.

Nevada: Assembly Bill 59, which, 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, passed Assembly Judiciary Committee with an amendment on April 1, 2021.

Oklahoma: House Bill 2292, which 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, passed the Senate Appropriations Committee as substituted on April 7, 2021. House Bill 2511, which 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, passed the Senate Health and Human Services Committee on April 5, 2021.

South Carolina: House Bill 3681, which 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, alternative nicotine products or any other product containing nicotine (laws enacted by a political subdivision prior to December 31, 2020 are not preempted), reported favorably from the House Judiciary Committee on April 6 and passed the House on April 8, 2021.

Tennessee: Senate Bill 143, which exempts smokeless nicotine products from the tax on tobacco products and cigarettes, was signed by the Governor on March 31, 2021. Senate Bill 1047 (same as House Bill 705), which 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), was recommended for passage by the Senate Commerce and Labor Committee on April 7, 2021.

Texas: Senate Bill 248, which requires anyone selling electronic cigarettes to consumer to obtain a license from the Comptroller and adds electronic cigarettes to the current advertising restrictions for cigarettes and tobacco products within 1,000 feet of a school or church, passed the Senate and moved to the House on April 9, 2021. House Bill 211, which imposes a tax on vapor products at 5 cents per milliliter, will be considered in the House Ways and Means Committee on April 12, 2021.

West Virginia: House Bill 3300, the original intent of which was to reduce personal income taxes, was amended to include taxes increases on cigarettes (to $2.20 per pack, OTP (to 19.5 percent of wholesale) and e-cigarettes (to $0.35 per milliliter) reported as “do pass” from the Senate Finance Committee on April 1st; it passed the Senate on April 7th and the Senate requested the House to concur.

Wisconsin: Assembly Bill 68 and Senate Bill 111 (Governor’s Budget Proposal) contains several provisions relating to tobacco and vapor products, including a DHS public health campaign, increasing the age to 21 to purchase tobacco products, a license requirement to sell vape products, prohibits vaping indoors and near schools, imposes the “Manufacturer’s List Price Tax” of 71 percent of the manufacturer’s list price on vapor products, and redefines “little cigars” to tax these products at the same rate as cigarettes, and establishes a definition for “Manufacturer’s List Price”. The Joint Committee on Finance heard a briefing on April 6th and 7th. Public hearings will be held on April 9, 21, and 22.

For all the latest news from the National Association of Tobacco Outlets (NATO), visit natocentral.org.