Tobacco Regs: 13 State Law Proposals We’re Watching
By Thomas A. Briant on Jan. 17, 2017MINNEAPOLIS -- A number of tobacco-related bills have been introduced as state governments begin their 2017 legislative sessions. These include major developments in New York that could set precedents for other states.
Click through for a state-by-state rundown of these proposed measures …
Connecticut
Connecticut: House Bill 5384 would raise the legal age for the purchase and use of tobacco products to 21.
Indiana
Indiana: House Bill 1313 would remove the smoking-ban exemption for certain public places, including tobacco and cigar specialty stores.
House Bill 1320 would increase the state cigarette tax by $2 per pack.
Kentucky
Kentucky: House Bill 125, which would allow minors to sell tobacco products on behalf of an employer, was introduced.
Massachusetts
Massachusetts: Senate Bill 171 would tax “electronic smoking liquid” at 40% of the wholesale price and would cap the tax on cigars at 50 cents.
Minnesota
Minnesota: House File 123 would reduce the current excise tax cap of $3.50 per cigar to 50 cents per cigar.
House File 138 would repeal the June accelerated excise tax payments for sales tax and cigarette/tobacco taxes.
Senate File 45 is a housekeeping bill that would define vapor products and readjust the statutory cigarette tax rate to match the current $3.04 per pack tax rate.
Mississippi
Mississippi: House Bill 87 and House Bill 190, both of which would increase the minimum legal age to purchase tobacco to 21, were introduced on Jan. 3.
Missouri
Missouri: House Bill 286, which would create a child protection registry that prohibits advertising of certain products such as tobacco and vapor products through electronic messaging to registered underage persons, was introduced on Jan. 4.
Nebraska
Nebraska: Legislative Bill 73 would increase the legal age to purchase and use tobacco, vapor products and alternative nicotine products from 18 to 21 years of age.
New Hampshire
New Hampshire: House Bill 333 would eliminate the exemption for premium cigars from the state’s tobacco tax, which would then assess a tobacco tax on premium cigars at a rate of 65.03%.
New York
New York: Assembly Bill 169 would require tax stamps for the imposition of taxes on cigarettes to be 2 inches by 2 inches, contain a color graphic depicting an adverse effect of cigarette use and a toll-free telephone number which callers may access for information on smoking cessation.
Senate Bill 729 would make the restrictions on smoking in public areas applicable to electronic cigarettes.
Assembly Bill 273 would increase the age to purchase tobacco products from 18 years old to 21 years old.
Assembly Bill 277 and Senate Bill 758 would prohibit the sale of flavored tobacco products (except for pipe tobacco and handmade cigars) but exempt the flavors of tobacco, menthol, mint or wintergreen and does not apply to an age-restricted retail tobacco business.
Assembly Bill 1138 and Senate Bill 1089 would tax electronic cigarette cartridges (defined as a replaceable cartridge) as tobacco products.
Assembly Bill 325 would prohibit the sale of any quantity of electronic liquid used to refill an electronic cigarette or cartridge. It defines “electronic liquid” as any liquid composed of nicotine and other chemicals that is sold for use in electronic cigarettes.
Assembly Bill 516 would make the restrictions on smoking in public places applicable to electronic cigarettes (retail electronic-cigarette stores would be exempt).
Assembly Bill 749 would increase the purchase age for tobacco products and electronic cigarettes to 21 and prohibit the vaporization of nicotine within electronic cigarettes in certain areas.
Assembly Bill 1117 would require companies selling tobacco products over the internet to first send a form to individuals to sign stating such individual is 18 years old.
Texas
Texas: House Bill 628 would increase the legal purchase age for cigarettes, electronic cigarettes and tobacco products from 18 years of age to 21 years of age.
Virginia
Virginia: House Bill 1925 would give all counties the authority to tax cigarettes.
House Bill 2056 would assess a vapor product at 5 cents per fluid milliliter of consumable vapor products and 10% of the retailers sales price of nonconsumable vapor products and devices, including e-cigarettes, e-cigars and similar devices.
Senate Bill 1938 would permit any locality the ability to adopt ordinances designating nonsmoking areas within outdoor public spaces.
Washington
Washington: House Bill 1054 would increase the legal age to purchase tobacco products and vapor products from 18 to 21 years old.