Bryan M. Haynes, Esq. Partner, Troutman Sanders Tobacco Practice Copyright 2014 Troutman Sanders LLP.
[1] A minor is anyone under the age of 18, unless otherwise specified. Youth Access State Bill Summary Status (as of May 1, California A.B. 1500 Ban the sale of electronic cigarettes to minors Pending Delaware H.B. 241 Prohibits sale of tobacco substitutes (including e-cigs) to minors. Pending (passed house; before the Senate on 4/29/14) Indiana H.B. 1225 Prohibits sale of electronic cigarettes to minors. Enacted/Signed by Governor Iowa H.B. 2109; S.B. 2038 Prohibits sale of vapor products (includes e-cigs) to minors. Pending (H.B. 2109 as of 4/29/14) No action on S.B. 2038 since January 2014 Kentucky H.B. 267 H.B. 299 Prohibits sale of electronic cigarettes to minors. Prohibits sale of vapor products (includes e-cigs, e-cigars, e- cigarillos and e-pipes) to minors. Pending (in House Committee since February Pending (in House Committee since February Kentucky S.B. 109 S.B. 112 Prohibits sale of vapor products (includes e-cigs, e-cigars, e- cigarillos and e-pipes) to minors. Prohibits sale of electronic cigarettes to minors. Enacted/Signed by Governor Pending (in Senate Committee since February Louisiana H.B. 835; H.B. 1264 Prohibits sale of electronic cigarettes and vapor products (includes e-cigs, e-cigars, e-cigarillos and e-pipes) to minors. Pending ( H.B. 385 in House Committee since February 2014; H.B. 1264 referred to Senate 4/29/14) Michigan H.B. 4997; H.B. 5007; S.B. 668 Prohibits sale of electronic cigarettes or any oral device that provides vapor nicotine to minors. Pending (H.B. 4997 on House floor in March 2013; H.B. 5007 in House Committee since September 2013; S.B. 668 on House floor in March 2013) Copyright 2014 Troutman Sanders LLP.
[1] A minor is anyone under the age of 18, unless otherwise specified. Youth Access Cont d. State Bill Summary Status (as of May 1, Missouri H.B. 1690; S.B. 337; S.B. 841 Prohibits sale of alternative nicotine or vapor products to minors (H.B. 1690 also prohibits use of those products in any public elementary or secondary school building). Nebraska L.B. 861 Prohibits minors from using vapor products (includes e-cigs, e- cigars, e-cigarillos and e-pipes). Pending (H.B. 1690 pending in Senate Committee on 4/23/14; S.B. 337 referred to Senate Committee in February 2013; S.B. 841 passed Senate 4.17.14 and referred to House Committee) Pending in Committee since February 2014 New Jersey S.B. 602 Raises the minimum age for purchase and sale of tobacco products and electronic smoking devices from age 19 to age 21. North S.B. 530 Prohibits the distribution of tobacco-derived products and vapor Carolina H.B. 864 products (includes e-cigs, e-cigars, e-cigarillos and e-pipes) to minors. Prohibits the distribution of tobacco-derived products and vapor products (includes e-cigs, e-cigars, e-cigarillos and e-pipes) to minors. Oklahoma S.B. 1602 Prohibits the sale of vapor products (includes e-cigs, e-cigars, e- cigarillos and e-pipes) to minors. Oregon H.B. 4073 Prohibits use of vapor products (includes e-cigs) by minors and sale of vapor products to minors. Pending (in a Senate committee since January Enacted/Signed by Governor Pending (assigned to House Committee on 4/15/14) Enacted/Signed by Governor In committee upon adjournment on March 10 th Rhode Island S.B. 622 Would amend the criminal and tax law on cigarettes and tobacco to include all tobacco-derived products and vapor products (includes e- cigs) among those that are subject to tax and prohibited by minors. Vetoed by Governor Rhode Island H.B. 7021 Amends definition of tobacco products to include electronic cigarettes for purpose of access by minors. Held over Virginia H.B. 218 Adds vapor products to the definition of tobacco products and prohibits the sale of tobacco products to minors Enacted/Signed by Governor Copyright 2014 Troutman Sanders LLP.
[1] A minor is anyone under the age of 18, unless otherwise specified. Public Places State Bill Summary Status (as of May 1, Hawaii S.B. 2495 S.B. 2871; H.B. 2321 Prohibits use of e-cigarettes in enclosed public areas. Prohibits use of electronic smoking devices in places where smoking Pending (Senate disagreed to House amendments 4/10/14) is prohibited. Kentucky H.B. 173; H.B. 190; S.B. 117 Defines smoking to include use of electronic cigarettes and prohibits smoking in public places and places of employment. Both S.B. 2871 and H.B. 2321 Failed Pending (last action on all February 2014 -H.B. 173 on House floor; H.B. 190 in House Committee; S.B. 117 referred to Senate Committee) Maryland H.B. 1291 Subjects e-cigarettes to the general public smoking ban Pending (Referred to House Committee in March Minnesota H.B. 1931 Prohibits electronic cigarettes in buildings owned by the state Pending (House floor) New York S.B. 6562 Makes restrictions relating to smoking in public areas applicable to electronic cigarettes Pending (referred to Senate Committee in February North Dakota H.B. 1292 Defines smoking to include use of electronic cigarettes and prohibits smoking in public places and places of employment. Enacted/Signed by Governor Oregon H.B. 4115 Subjects e-cigarettes to the general public smoking ban. In committee upon adjournment on March 7, 2014 South Carolina H.B. 4553 Prohibits use of an electronic cigarette in public places. Pending (referred to House Committee in January North Dakota H.B. 1292 Defines smoking to include use of electronic cigarettes and prohibits smoking in public places and places of employment. Enacted/Signed by Governor San Francisco 131208 Ban use of electronic cigarettes in public places Passed/signed by Mayor 3/27/2014 Philadelphia 140095 140096 To include electronic cigarettes in city s public smoking ban Passed/signed by Mayor 4/9/2014 Copyright 2014 Troutman Sanders LLP.
[1] A minor is anyone under the age of 18, unless otherwise specified. Taxation State Bill Summary Status (as of May 1, Hawaii S.B. 2572 Subjects e-cigarettes to a special excise tax in an undefined percentage of Failed the wholesale price (liquid and electronics). Indiana H.B. 1174 Amends definition of tobacco products to include e-cigarettes so they are taxed. Pending (referred to House Committee in January Kentucky H.B. 319 H.B. 220 Imposes a floor stock tax of 15 % of the purchase price of electronic cigarettes. Defines e-cigarettes as tobacco products for tax purposes, imposing a tax 40% of the price from the distributor to the retailer. New Jersey S.B. 1867 Imposes wholesale sales tax on electronic cigarettes and similar nicotine delivery products. New York New York S.B. 6255; A.B. 8190 S.B. 6610; A.B. 8594 Exempts electronic cigarettes from taxation. Provides for the taxation of electronic cigarette replacement cartridges as tobacco products. Oklahoma H.B. 2989 Imposes excise tax on personal property related to vapor products (includes e-cigs, e-cigars, e-cigarillos and e-pipes). Oklahoma S.B. 1892 Prohibits the imposition of state excise taxes on vapor products (includes e- cigs, e-cigars, e-cigarillos and e-pipes). Oregon H.B. 4129 Expands the definition of tobacco products for purpose of tax to include electronic cigarettes and nicotine solution. Pending (referred to House Committee in February Pending (referred to House Committee in January Pending (referred to Senate Committee in March Pending (S.B. 6610 referred to Senate Committee in March 2014 ; A.B. 8190 in Committee since February Pending (S.B. 6610 referred to Senate Committee in February 2014; A.B. 8594 in Committee since January Pending (referred to House Committee in February Pending (passed Senate and referred to House Committee in March In committee upon adjournment on March 10 th Rhode Island South Carolina H.B. 7133 H.B. 4074 Creates a new category of electronic cigarettes subject to tobacco products tax, but does not specify the applicable tax. The rate could be the same as applicable to tobacco products, which is 80% of the wholesale cost. Imposes a tax of 5 cent per millimiter of consumable material in the vapor product (includes e-cigs). Pending (referred to House Committee in January Pending (introduced 4/30/14) Copyright 2014 Troutman Sanders LLP.
[1] A minor is anyone under the age of 18, unless otherwise specified. Taxation Cont d State Bill Summary Status (as of May 1, Utah S.B. 12 Makes it unlawful for individuals less than 21 to possess or purchase Failed to pass the Senate tobacco and related products (includes e-cigarettes). Washington H.B. 2795 Imposes a 75% tax. Pending (passed House Committee) Wisconsin A.B. 481 Tax all tobacco products at a rate equal to or greater than the cigarette tax rate. Miscellaneous Failed 4/8/14 State Bill Summary Status (as of May 1, Connecticut H. 5286 Requires e-cigarette packages to have conspicuous labels (at least 17 point font) Pending (referred to House Committee in February Illinois H.B. 5689 Requires electronic cigarette cartridges and liquids to be sold in special packaging. Pending (Passed House; awaiting Senate review 4/30/14) Illinois H.B. 5868; SB 3268 Prohibits self-service displays of e-cigarettes except in adult-only venues. Pending (H.B. 5868 passed House, awaiting review by Senate Committee 4/30/14; S.B. 3268 referred to Senate Committee in March Iowa H.B. 2034 Prohibits self-service displays of e-cigarettes Pending (referred to House Committee in February Michigan S.B. 2627 To amend the definition of tobacco products to include electronic cigarettes. Died New York S.B. 6255; A.B. 8190 Includes electronic cigarettes within the definition of smoking. Pending (S.B. 6610 referred to Senate Committee in March 2014 ; A.B. 8190 in Committee since February Oregon H.B. 4115 Bans self-service displays of e-cigarettes except in adult-only venues. In committee upon adjournment on March 7, 2014 Utah H.B. 112 Bans remote sale, sampling and self service displays of e-cigarettes Passed Senate with Substitutes, sent to House for concurrence; Enacting Clause Struck Washington S.B. 6569 Bans remote sales to consumers and sampling of e-cigarettes by including Pending (referred to Senate Committee in Feb them within the definition of tobacco products. Vermont H.B. 632 BANS the sale or possession of electronic cigarettes. Pending (referred to House Committee in Jan Copyright 2014 Troutman Sanders LLP.