… · Web viewInternational Premium Cigar & Pipe Retailers Association. Weekly Legislation Report. January . 8-22, 201. 8. The following legislative activity occurred in the

International Premium Cigar & Pipe Retailers AssociationWeekly Legislation Report

January 8-22, 2018

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.

ALABAMA

ALABAMA H.B. 26 - Smoking Bans

Sponsor: Representative Rolanda Hollis (D)

Summary: This measure would prohibit smoking tobacco products in a motor vehicle when a minor is also riding in the vehicle.

http: //ali sondb .legi slatu re.st ate.a l.us/ ALISO N/Sea rchab leIns trume nts/2 018RS /Prin tFile s/HB2 6- int .pdf

Status: Prefiled; referred to the House Judiciary Committee 11/7/2017. Introduced 1/9/2018. Hearing held; passed committee 1/18/2018.

Outlook: The measure was heard in the House Judiciary Committee on January 18 where it was passed by a unanimous vote. The measure now awaits further consideration in the House.

At the January 17 hearing, no action was taken on this measure in the House Judiciary Committee.

The sponsor is a member of the minority party. The measure has not garnered the support of cosponsors.

State Outlook: The Republican Party controls the House of Representatives and the Senate, as well as the Governor's Office. Each regular legislative session convenes annually and lasts no longer than 30 legislative days during a 105-calendar-day period. The bill introduction deadline in both chambers is the 26th legislative day. The first crossover deadline is the 28th legislative day. Special sessions of the Legislature may be called by the Governor, with the Proclamation listing the subjects which the Governor wishes considered. These sessions are limited to 12 legislative days within a 30 calendar day span. Legislation is not eligible for carryover from one session to the next. Upon introduction, a bill is referred to a committee. Committees are not required to hear every bill referred to them. Bills in Alabama require three readings for final passage in each chamber. If the House and Senate versions of the bill differ, a conference committee is created to resolve differences. Members of the conference committees are appointed by the Speaker of the House and Senate President and consist of three Representatives and three Senators. If the report is passed by the committee, it goes back to the House and Senate for final approval. If the conference committee is unable to reach an agreement, it may be discharged, and a new conference committee may be appointed. Highly controversial bills may be referred to several different conference committees. After the report passes both chambers, the final bill is sent to

http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2018RS/PrintFiles/HB26-int.pdf


Governor for action. Alabama's budget occurs on a biennial basis and contains policy or appropriations. The Governor’s proposed budget and the final budget are statutorily required to be balanced. Two versions of the budget are introduced in the House and Senate. The House version is referred to the House Ways and Means General Fund Committee the second day of the session. After passing the committee, the bill goes to the floor, where it may be further amended before passage. The process repeats itself in the Senate and the two chambers resolve differences in a conference committee. Once the conference report is adopted by both chambers, the bill is sent to the Governor for approval

Effective Date: 90 days following enactment

ALABAMA H.B. 47 - Tobacco Age Restrictions

Sponsor: Representative Chris Pringle (R)

Summary: This measure would change the minimum age to purchase, use and possess tobacco from 19 years to 21 years.

http: //ali sondb .legi slatu re.st ate.a l.us/ ALISO N/Sea rchab leIns trume nts/2 018RS /Prin tFile s/HB4 7- int .pdf

Status: Introduced; referred to House Judiciary Committee 1/5/2018.

Outlook: This measure has been referred to the House Judiciary Committee, where Rep. Jim Hill (R) serves as Chair. The sponsor does not serve on the committee of referral.

The sponsor is a member of the majority party. This measure has not garnered the support of co-sponsors.

State Outlook: The Republican Party controls the House of Representatives and the Senate, as well as the Governor's Office. Each regular legislative session convenes annually and lasts no longer than 30 legislative days during a 105-calendar-day period. The bill introduction deadline in both chambers is the 26th legislative day. The first crossover deadline is the 28th legislative day. Special sessions of the Legislature may be called by the Governor, with the Proclamation listing the subjects which the Governor wishes considered. These sessions are limited to 12 legislative days within a 30 calendar day span. Legislation is not eligible for carryover from one session to the next. Upon introduction, a bill is referred to a committee. Committees are not required to hear every bill referred to them. Bills in Alabama require three readings for final passage in each chamber. If the House and Senate versions of the bill differ, a conference committee is created to resolve differences. Members of the conference committees are appointed by the Speaker of the House and Senate President and consist of three Representatives and three Senators. If the report is passed by the committee, it goes back to the House and Senate for final approval. If the conference committee is unable to reach an agreement, it may be discharged, and a new conference committee may be appointed. Highly controversial bills may be referred to several different conference committees. After the report passes both chambers, the final bill is sent to Governor for action.



Alabama's budget occurs on a biennial basis and contains policy or appropriations. The Governor’s proposed budget and the final budget are statutorily required to be balanced. Two versions of the budget are introduced in the House and Senate. The House version is referred to the House Ways and Means General Fund Committee the second day of the session. After passing the committee, the bill goes to the floor, where it may be further amended before passage. The process repeats itself in the Senate and the two chambers resolve differences in a conference committee. Once the conference report is adopted by both chambers, the bill is sent to the Governor for approval


ALASKA

ALASKA H.B. 271 - Smoking Bans

Sponsor: Representative Matt Claman (D)

Summary: This measure increases the fee to $50 for smoking in restricted areas. Additionally, the measure establishes that a civil complaint under this measure cannot be more than $500.

http: //www .legi s.sta te.ak .us/P DF/30 /Bill s/HB0 271A. PDF

Status: Prefiled 1/12/2018. Referred to House Judiciary Committee 1/16/2018.

Outlook: This measure has been referred to the House Judiciary Committee, where the sponsor is the Chair.

The sponsor is a member of the minority party. This measure has garnered the support of co-sponsors.

This measure has been prefiled for the 2018 Legislative Session, which is expected to convene January 16.

State Outlook: The Republican Party controls the Senate, a coalition between the Democratic Party and Republican Party controls the House of Representatives, and Governor Bill Walker is an Independent. The Alaska Legislature meets annually beginning in January and is limited to 120 days with the possibility of a 10-day extension. Bills left pending at the end of a session in an odd-numbered year may be carried over to the following session in a subsequent even-numbered year.

Upon introduction, a bill may be referred to a committee. However, committees are not required to hear every bill referred to them. A bill may be heard multiple times and by multiple committees before its second reading. During a hearing, the bill may receive public testimony and can be amended or substituted. Once the bill passes the committee, it may be referred to another committee or to the Rules Committee, which can add further amendments or assign the measure to the chamber’s calendar for a second reading. Amendments and substitutes must be germane to the bill. During the second reading, the bill may be amended again. A final vote occurs during the third reading. The Alaska budget process occurs on an annual basis and only contains appropriations. Both the House and Senate Rules Committees introduce legislation that is referred to the House and

http://www.legis.state.ak.us/PDF/30/Bills/HB0271A.PDF

Senate Finance Committees, respectively. Subcommittees may hear and recommend amendments to the full committee during the process. Typically, the House bill will have been substituted and moved to the floor before the Senate bill. The process will then begin again within the second chamber. After passage, the final budget is sent to the Governor for approval.

Effective Date: October 1, 2018

S.B. 63 - Smoking Bans

Sponsor: Senator Peter Micciche (R)

Summary: Current version (2/20/2017): This measure establishes a statewide ban on smoking in the workplace.

Current version (2/20/2017): http: //www .legi s.sta te.ak .us/P DF/30 /Bill s/SB0 063A. PDF

Introduced version: http: //www .legi s.sta te.ak .us/P DF/30 /Bill s/SB0 063A. PDF

Provision Outlook: Support Resolution (4/13/2017): http: //www .akle g.gov /basi s/get _docu - ments .asp? sessi on=30 & docid =1648 9

Status: Introduced; referred to Senate Health and Social Services Committee 2/17/2017. Hearing held; passed committee 3/1/2017. Referred to Senate Finance Committee 3/3/2017. Hearing held 3/13/2017. Hearing held; substituted; passed committee 3/20/2017. Passed Senate 3/27/2017. Referred to House Community and Regional Affairs Committee 3/29/2017. Hearing held 4/13/2017. Hearing held 4/18/2017. Hearing held; passed Committee 4/27/2017. Referred to House Judiciary Committee 4/28/2017. Hearing scheduled 1/22/2018.Hearing scheduled 1/24/2018.

Outlook: This measure is scheduled be heard publicly January 22 and January 24. Hearings are only required to be posted within a reasonable timeframe and may be posted within 24 hours if the content of the hearing is urgent in nature. Traditionally, the first hearing of a bill in committee is reserved for testimony from the sponsor as well as invited testimony, however, the Chair Representative Matt Claman (D) may open up the hearing for public testimony at any time, even if not indicated prior to the hearing. Generally, the second hearing will be open to the public and all forms of testimony will be accepted.

At the April 13 hearing, a resolution was submitted that lists 1,017 Alaska businesses and organization who are in support of the measure.

State Outlook: The Republican Party controls the Senate, a coalition between the Democratic Party and Republican Party controls the House of Representatives, and Governor Bill Walker is an Independent. The Alaska Legislature meets annually beginning in January and is limited to 120 days with the possibility of a 10-day extension. Bills left pending at the end of a session in an odd-numbered year may be carried over to the following session in a subsequent even-numbered year.

Upon introduction, a bill may be referred to a committee. However, committees are not required to hear every bill referred to them. A bill may be heard multiple times and by multiple committees before its second reading. During a hearing, the bill may receive public testimony and can be amended or substituted. Once the bill passes the committee, it may be referred to

http://www.akleg.gov/basis/get_documents.asp?session=30&docid=16489

http://www.akleg.gov/basis/get_documents.asp?session=30&docid=16489

http://www.legis.state.ak.us/PDF/30/Bills/SB0063A.PDF

http://www.legis.state.ak.us/PDF/30/Bills/SB0063A.PDF

another committee or to the Rules Committee, which can add further amendments or assign the measure to the chamber’s calendar for a second reading. Amendments and substitutes must be germane to the bill. During the second reading, the bill may be amended again. A final vote occurs during the third reading. The Alaska budget process occurs on an annual basis and only contains appropriations. Both the House and Senate Rules Committees introduce legislation that is referred to the House and Senate Finance Committees, respectively. Subcommittees may hear and recommend amendments to the full committee during the process. Typically, the House bill will have been substituted and moved to the floor before the Senate bill. The process will then begin again within the second chamber. After passage, the final budget is sent to the Governor for approval.

Effective Date: October 1, 2017.

ARIZONA

H.B. 2109 - Self-Service Display, Tobacco Age Restrictions

Sponsor: Representative Paul Boyer (R)

Summary: This measure states that any person who sells, gives, or furnishes a tobacco product to a person who is 21 years of age or younger is guilty of a petty offense.

This measure states that a person shall not sell tobacco products through a vending machine unless the vending machine is located in an employee lounge area that is not open to the public and the business in which the lounge area is located does not employ minors any individual who is under 21 years of age.

This measure also states that a retail tobacco vendor may not sell or permit that sale of tobacco products unless a sign is posted at the location where the tobacco products are available for purchase, which states that a person under 21 may not purchase tobacco products.

https ://ap ps.az leg.g ov/Bi llSta tus/G etDoc ument Pdf/4 54770

Status: Introduced 1/9/2018.

Outlook: This measure awaits committee referral.

The sponsor is a member of the majority.

State Outlook: In Arizona, the Republican Party controls the House of Representatives, the Senate, and the Governor’s Office. A legislative session lasts 100 days, beginning the second Monday in January and adjourning in mid to late April. A session may be extended for seven days, but would require a simple majority vote in both house. Legislation is not eligible for carry over from one session to the next. A bill is formally introduced when it is first read in a chamber, however not all bills will receive a first reader and is considered dead without one. The Speaker of the House and the Senate President assign their respective bills to a committee for consideration. Once referred, a committee is not required to hear every bill referred to them but can act on any measure with unanimous consent from the members. During the committee process, committees can offer a

https://apps.azleg.gov/BillStatus/GetDocumentPdf/454770

“strike-all” amendment, which will take a bill and turn it into something different than what was introduced. A bill can be referred to one or multiple committees and must be voted on by at least one committee in addition to the Rules Committee before being considered by the full chamber. While in the Rules Committee, a bill is reviewed to ensure that the measure is constitutional and in proper form, if not, the measure is killed. Once a bill has made it through the process thus far, leadership can place the bill on the consent calendar, meaning that there will be no floor debate on a bill, rather just a floor vote. For all other bills that are not on the consent calendar, the whole chamber will meet in what is known as the Committee of the Whole. During the meeting of the Committee of the Whole, members can offer amendments, discuss the bill, and vote on the measure by voice. Once a measure has passed both House and Senate, the final engrossed version is sent to the Governor for action. The Arizona budget process is completed on a biennial process, with the process beginning a full year before the budget goes into effect. After State Agencies submit their requests, the Governor and Legislature come up with separate budget recommendations. Once recommendations are in place, the House and Senate Appropriations Committees meet jointly to hear from agencies and from there, motion to recommend adoption of budget items, with or without changes. Once the budget passes the committee process, a special session is called for consideration of the measure on the floor. Once consensus is reached within the legislature, the measure is passed on to the Governor for further action.

ARKANSAS

Nothing to report.

CALIFORNIA

A.B. 1097 - Smoking Bans

Sponsor: Assemblymember Marc Levine (D)

Summary: Current version (1/3/2018): This bill would make it an infraction punishable by a fine of up to $25 for a person to smoke, as defined, on a state coastal beach or to dispose of used cigar or cigarette waste on a state coastal beach. The bill would establish a state-mandated local program by creating a new crime. This bill would require the Department of Parks and Recreation to develop and post signs at entrances or strategic locations, as determined by the Director of Parks and Recreation, of state coastal beaches to provide notice of the smoking prohibition. The bill would require the smoking prohibition to be enforced only after signs have been posted. The bill would authorize the Director of Parks and Recreation to designate, by posted order, areas within state coastal beaches as exempt from the smoking prohibition, as specified.

Current version (1/3/2018): http: //leg info. legis latur e.ca. gov/f aces/ billP df.xh tml?b ill_i d=201 - 72018 0AB10 97&am p;ver sion= 20170 AB109 798AM D

Introduced: http: //leg info. legis latur e.ca. gov/f aces/ billP df.xh tml?b ill_i d=201 72018 0AB10 97&am - p;ver sion= 20170 AB109 799IN T

http://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201720180AB1097&version=20170AB109799INT

http://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201720180AB1097&version=20170AB109799INT

http://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201720180AB1097&version=20170AB109798AMD

http://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201720180AB1097&version=20170AB109798AMD

Status: Introduced 2/17/2017. Referred to Assembly Water, Parks and Wildlife Committee 3/6/2017. Amended 1/3/2018. Hearing held; passed committee; referred to Assembly Appropriations Committee 1/9/2018. Hearing held; passed committee 1/18/2018.

Outlook: The measure passed in the Assembly Appropriations Committee 12-5. The measure now awaits further consideration in the Assembly.

The measure was heard in the in the Assembly Water, Parks, and Wildlife Committee and passed committee with a 10-4 vote. According to the author "Californians are fortunate to have a world class state parks system. Each year, millions of visitors from California and around the world visit our state parks to appreciate their natural beauty and enjoy the outdoors. When individuals smoke at state parks, they bother other patrons, litter at higher rates than other garbage, and poison the environment through runoff and consumption by animals. Limiting smoking at state parks will allow the state to honor our commitment to keeping our open spaces clean and healthy, and be more inclusive to those that want to visit parks without having to subject themselves to secondhand smoke"

This measure was amended into scope. This measure now creates a smoking ban on all public beaches. A similar measure was vetoed by Governor Brown (D) in the 2015, 2016, and 2017, due to fundamental differences. Last years vetoes stated "If people can't smoke even on a deserted beach, where can they? There must be some limit to the coercive power of government."


State Outlook: The Democratic Party controls the Assembly, the Senate and the Governor’s Office. The Legislature convenes the first Monday of December of any even-numbered year and adjourns sine die November 30 of the following even-numbered year. The Legislature goes into recess at multiple times throughout session and may hold interim studies on certain measures. Bills left pending at the end of a session in an odd-numbered year may be carried over to the following session in subsequent even-numbered years. California will frequently introduce ‘spot bills’. These bills act as placeholders and will likely be amended later in session to contain the author’s true intent. When a bill is introduced, there is a 30-day cooling period before any action or votes can be taken on the measure. Measures can be referred to a policy committee and a fiscal committee. Measures are sent to a policy committee for a policy change, while measures that could have a fiscal impact are sent to a fiscal committee for review of the bill’s fiscal impact. Bills that require an appropriation or take effect immediately generally require 27 votes in the Senate and 54 votes in the Assembly for passage. Other bills generally require 21 votes in the Senate and 41 votes in the Assembly. Pursuant to recently adopted Proposition 54, the final version of bills must be online for 72 hours before a final vote in both chambers. The California budget occurs on an annual basis and contains policy and appropriations. The budget bill moves with other bills necessary to implement the budget, known as “budget trailer bills.” The Senate Budget and Fiscal Review Committee and the Assembly Budget Committee divide the budget into separate bills based on subject matter and refer the bills to relevant subcommittees. When the full committee passes the bill, their recommendation is given to the full chamber, which can pass the bill with a simple majority vote. Once both chambers have passed the budget bill, a conference committee is appointed to resolve the differences between the two versions. If the conference committee is unable to reach a final resolution, issues are

resolved by the “Big Five” (the Governor, the Assembly Speaker, the Senate President and the minority leaders of both chambers).

COLORADO

Nothing to report

CONNECTICUT

Nothing to report.

DELAWARE

Nothing to report

FLORIDA

H.J.R. 7001 - Tobacco Taxes

Sponsor: House Ways and Means Committee

Summary: This measure would amend the state constitution to require a supermajority vote before:

1) Enacting any new state taxes and/or fees2) Raising any existing state taxes and/or fees

Also, this measure limits every future measure regarding tax to only 1 tax provision per measure. This measure encompasses all forms a variances of taxes and/or fees and is not limited in it's scope.

http: //www .flse nate. gov/S essio n/Bil l/201 8/700 1/Bil lText /File d/PDF

Status: Filed 11/8/2017. Referred to House Appropriations Committee 11/9/2017. Hearing held; passed committee 1/9/2018.

Outlook: This measure has passed the House Appropriations Committee by a vote of 20-8 on January 9. The measure now awaits consideration on the House Floor.

This measure has been referred to the House Appropriations Committee where Representative Carlos Trujillo (R) serves as Chair. Representative Tom Leek (R), the member of the House Ways and Means Committee who is technically sponsoring the measure, does not serve on the committee of referral.

This measure is sponsored by the House Ways and Means Committee (specifically by Representative Tom Leek (R)) as a means to amend the state constitution regarding tax implementation and/or increases. Because this measure would directly amend the state constitution, it has been introduced in the form of a joint resolution. Generally, resolution type measures move faster through the legislative process than normal bills as they are (usually) only referred to a single committee, rather than multiple. This measure has been referred to the House Appropriations Committee, where Representative Carlos Trujillo (R) serves as Chair.

http://www.flsenate.gov/Session/Bill/2018/7001/BillText/Filed/PDF

Representative Tom Leek (R) does not serves on the committee of referral.

Governor Rick Scott (R) provided personal input on the measure, stating that, "This legislature has shown that you are against raising taxes by cutting hundred of millions of tax dollars last year, but we need to work together to ensure this commitment will continue. I think it is important we don't raise taxes." The Governor also said he spoke with multiple businesses that were considering leaving due to harmful municipal and state taxes. Representatives from the National Federation of Independent Business and AFL-CIO were noted to be supportive of the measure, while a representative from Florida TaxWatch rendered support but would rather the margin of passage be 3/5 instead of the supermajority dictated in the current text. Currently, the constitution requires a 3/5 supermajority to increase the corporate income tax above 5%. If passed, Florida would join 11 other states that currently have a supermajority vote requirement for all tax increases.

This measure has been prefiled for the 2018 legislative session set to begin on January 9. In Florida, measures may receive consideration and be amended within committees of referral before session convenes.

State Outlook: The Republican Party controls both the House of Representatives and the Senate, as well as the Governor’s Office. The legislative session meets annually and lasts 60 days, convening in March and adjourning in May. The Legislature has an active interim, as prefiled bills may be considered and passed through committees of referral before being formally introduced. After being filed, a bill may be referred to multiple committees. However, committees are not required to hear every bill referred to them. Stakeholders and members of the public may testify at each hearing, and the bill may be amended in each committee and on the chamber floors. Amendments and substitutes must be germane to the bill. A bill must pass through each committee of referral prior to being heard on the floor. Bills in Florida require three readings for final passage in each chamber. Many bills in Florida have companions in the opposite chamber with identical text. Once the legislature formally convenes, a bill may be substituted for its companion in the opposite chamber if that bill has already undergone the committee process and passed its chamber of origin. Companions are frequently used as a mechanism to expedite the legislative process toward the end of session. The Florida budget occurs on an annual basis and contains policy and appropriations through a collection of bills. Appropriation Bills establish funding sources, specific uses of funds and spending authority. Implementing bills, which are only effective for a single fiscal year, enact any language necessary to implement the budget as defined in the appropriations bill. Conforming bills amend the statutes to conform to an appropriations bill. These bills are generally drafted by each chamber’s respective appropriations committees and companions are often utilized to speed up the budget process. Once passed by the respective appropriations committees, each chamber will consider the measure on their respective chamber floors for further debate and deliberation. Joint Budget Conference Committees are formed to negotiate differences between the measures. The conference report cannot be amended and must be adopted in its entirety. After passage, the final budget is sent to the Governor for approval

Effective Date: No effective date provided

**FLORIDA S.B. 562 - Smoking Bans

Sponsor: Senator Debbie Mayfield (R)

Summary: Current version (1/16/2018): This measure allows municipalities and counties to further restrict smoking within the boundaries of any public parks they own. The measure allows counties to further restrict smoking within any designated facility they own, which includes, but is not limited to, clinics, primary care centers, nursing homes, parking facilities, and the like.

“Smoking” means inhaling, exhaling, burning, carrying, or possessing any lighted tobacco product, including cigarettes, cigars, pipe tobacco, and any other lighted tobacco product.

Current version (1/16/2018): http: //www .flse nate. gov/S essio n/Bil l/201 8/562 /Bill Text/ c1/PD F

Introduced version: http: //www .flse nate. gov/S essio n/Bil l/201 8/562 /Bill Text/ Filed /PDF

Status: Filed 10/19/2017. Referred to Senate Community Affairs Committee; Senate Health Policy Committee; Senate Rules Committee 11/2/2017. Hearing held; substituted; passed committee; referred to Senate Health Policy Committee 1/16/2018.

Outlook: A hearing was held in the Senate Community Affairs Committee on January 16. A vote was held and the measure unanimously passed committee and was reported favorably as substituted. The substitute allows counties to further restrict smoking within any designated facility they own, which includes, but is not limited to, clinics, primary care centers, nursing homes, parking facilities, and the like. Testimony was provided in support from Public Health Trust, FLorida League of Cities, Florida Association of Counties, American Heart Association, American Cancer Society, and Quit Doc Foundation. The measure awaits further consideration before the full Senate.


State Outlook: The Republican Party controls both the House of Representatives and the Senate, as well as the Governor’s Office. The legislative session meets annually and lasts 60 days, convening in March and adjourning in May. The Legislature has an active interim, as prefiled bills may be considered and passed through committees of referral before being formally introduced. After being filed, a bill may be referred to multiple committees. However, committees are not required to hear every bill referred to them. Stakeholders and members of the public may testify at each hearing, and the bill may be amended in each committee and on the chamber floors. Amendments and substitutes must be germane to the bill. A bill must pass through each committee of referral prior to being heard on the floor. Bills in Florida require three readings for final passage in each chamber. Many bills in Florida have companions in the opposite chamber with identical text. Once the legislature formally convenes, a bill may be substituted for its companion in the opposite chamber if that bill has already undergone the committee process and passed its chamber of origin. Companions are frequently used as a mechanism to expedite the legislative process toward the end of session. The Florida budget occurs on an annual basis and contains policy and appropriations through a collection of bills. Appropriation Bills establish funding sources, specific uses of funds and spending authority. Implementing bills, which are only effective for a single fiscal year, enact any language necessary to implement the budget as defined in the appropriations bill. Conforming

http://www.flsenate.gov/Session/Bill/2018/562/BillText/Filed/PDF

http://www.flsenate.gov/Session/Bill/2018/562/BillText/c1/PDF

bills amend the statutes to conform to an appropriations bill. These bills are generally drafted by each chamber’s respective appropriations committees and companions are often utilized to speed up the budget process. Once passed by the respective appropriations committees, each chamber will consider the measure on their respective chamber floors for further debate and deliberation. Joint Budget Conference Committees are formed to negotiate differences between the measures. The conference report cannot be amended and must be adopted in its entirety. After passage, the final budget is sent to the Governor for approval

Companion Bill: 2018 H.B. 627

Effective Date: July 1, 2018

FLORIDA S.J.R. 1742 - Tobacco Taxes

Sponsor: Senator Kelli Stargel (R)

Summary: This measure is proposing an amendment to the State Constitution to require a law that imposes a new tax, increases the rate or amount of a tax, or expands a tax base, and that results in a net increase in state revenues, to be approved by three-fifths of the membership of each house of the Legislature.

https ://ww w.fls enate .gov/ Sessi on/Bi ll/20 18/17 42/Bi llTex t/Fil ed/PD F

Status: Prefiled 1/5/2018. Referred to Senate Appropriations Subcommittee on Finance and Tax and Senate Appropriations Committee 1/12/2018.

Outlook: This measure was referred to the Senate Appropriations Subcommittee on Finance and Tax and the Senate Appropriations Committee January 12. In Florida, a bill must pass through each committee of referral before it may be considered on the floor.

The sponsor is a member of the majority party. This measure has not garnered the support of cosponsors.

State Outlook: The Republican Party controls both the House of Representatives and the Senate, as well as the Governor’s Office. Legislative sessions in odd-numbered years begin and March and end in May; in even-numbered years, the Legislature can begin at a time of its choosing. The Legislature has an active interim, as prefiled bills may be considered and passed through committees of referral before being formally introduced. After being filed, a bill may be referred to multiple committees. However, committees are not required to hear every bill referred to them. Stakeholders and members of the public may testify at each hearing, and the bill may be amended in each committee and on the chamber floors. Amendments and substitutes must be germane to the bill. A bill must pass through each committee of referral prior to being heard on the floor. Bills in Florida require three readings for final passage in each chamber. Many bills in Florida have companions in the opposite chamber with identical text. Once the legislature formally convenes, a bill may be substituted for its companion in the opposite chamber if that bill has already undergone the committee process and passed its chamber of origin. Companions are frequently used as a mechanism to expedite the legislative process toward the end of session.

https://www.flsenate.gov/Session/Bill/2018/1742/BillText/Filed/PDF

The Florida budget occurs on an annual basis and contains policy and appropriations through a collection of bills. Appropriation Bills establish funding sources, specific uses of funds and spending authority. Implementing bills, which are only effective for a single fiscal year, enact any language necessary to implement the budget as defined in the appropriations bill. Conforming bills amend the statutes to conform to an appropriations bill. These bills are generally drafted by each chamber’s respective appropriations committees and companions are often utilized to speed up the budget process. Once passed by the respective appropriations committees, each chamber will consider the measure on their respective chamber floors for further debate and deliberation. Joint Budget Conference Committees are formed to negotiate differences between the measures. The conference report cannot be amended and must be adopted in its entirety. After passage, the final budget is sent to the Governor for approval.

Effective Date: No effective date provided

GEORGIA

Nothing to report.

HAWAII

H.B. 1636 - Retail Licensing

Sponsor: Representative John Mizuno (D)

Summary: This measure would require that the license issued upon application and the payment fee of $500 shall be renewable annually on July 1 for the twelve months ending the succeeding June 30. Every wholesaler or dealer, in addition to any other taxes provided by law, will have to pay for the privilege of conducting business and other activities in the state. An excise tax equal to 22.50 cents for each cigarette or little cigar sold, used or possessed by a wholesaler or dealer on and after July 1, 2018, whether or not sold at wholesale or if not sold then at the same time upon the use by the wholesaler or dealer.

An excise tax to equal to 80 per cent of the wholesale price of each article or item of tobacco products, other than large cigars, sold by the wholesaler or dealer on and after July 1, 2018 if not sold at the same rate upon use by the wholesaler or dealer.

https ://ww w.cap itol. hawai i.gov /sess ion20 18/bi lls/H B1636 _.PDF

Status: Introduced; referred to House Health and Human Services Committee, House Finance Committee 1/17/2018.

Outlook: This measure has been referred to the House Health and Human Services Committee where Rep. John Mizuno (D) serves as Chair and the House Finance Committee, where Sylvia Luke (D) serves as Chair. A bill must pass through each committee of referral prior to being heard on the House or Senate floor. The sponsor serves on the committee(s) of referral.

The sponsor is a member of the majority party. This measure has garnered the support of co-sponsors.

State Outlook: The Democratic Party controls the House of Representative and the Senate, as

https://www.capitol.hawaii.gov/session2018/bills/HB1636_.PDF

well as the Governor's Office. Hawaii has a two-year session that convenes annually on the third Wednesday in January and remains in session for 60 legislative days. Bills left pending at the end of a session in an odd-numbered year may be carried over to the following session in the subsequent even-numbered year. Resolutions are not eligible for carryover and will fail upon the adjournment of each session if they are not passed. Upon introduction, most bills are referred to multiple committees. Committees are not required to hear all measures referred to them. The first committee to which a bill is referred is called the lead committee. Bills are normally drafted to take effect upon approval unless otherwise noted. Bills that include a "defective date" do not render the measure invalid if enacted, but instead is a way to revisit legislation while also passing it. Committee reports often explain that the reason for the defective date is to "further discussion.” Senate amendments must be germane to the bill, but House rules do not contain a germaneness provision. Bills in Hawaii require three readings for final passage in each chamber. To become law, a bill must pass three readings in each chamber on separate days. Differences between House and Senate versions of bills are resolved by a conference committee. Members of the conference committees are appointed by the Speaker of the House and Senate President and consist of three representatives and three senators. If the report is passed by the committee, it goes back to the House and Senate for final approval. After the report passes both chambers, the final bill is sent to Governor for action. Hawaii has a biennial budget cycle, but a supplemental budget is possible in the second year. The Legislature is not required to pass a balanced budget. Hawaii's budget contains policy and appropriations. The budget begins in both the House Finance Committee and the Senate Ways and Means Committee, where it is debated and amended. After the bill passes its respective committee, it receives consideration in the Committee of the Whole, which can vote on final passage and send the budget to the Governor for action.

Effective Date: Immediately

HAWAII H.B. 1696 - Smoking Bans

Sponsor: Representative Takashi Ohno (D)

Summary: This measure would prohibit smoking on sidewalks.

https ://ww w.cap itol. hawai i.gov /sess ion20 18/bi lls/H B1696 _.PDF

Status: Introduced; referred to House Health and Human Services Committee, House Judiciary Committee 1/17/2018.

Outlook: This measure has been referred to the House Health and Human Services Committee where Rep. John Mizuno (D) serves as Chair and the House Judiciary Committee, where Rep. Scott Nishimoto (D) serves as Chair. A bill must pass through each committee of referral prior to being heard on the House or Senate floor. The sponsor does not serve on the committee(s) of referral.


State Outlook: The Democratic Party controls the House of Representative and the Senate, as well as the Governor's Office. Hawaii has a two-year session that convenes annually on the

https://www.capitol.hawaii.gov/session2018/bills/HB1696_.PDF

third Wednesday in January and remains in session for 60 legislative days. Bills left pending at the end of a session in an odd-numbered year may be carried over to the following session in the subsequent even-numbered year. Resolutions are not eligible for carryover and will fail upon the adjournment of each session if they are not passed. Upon introduction, most bills are referred to multiple committees. Committees are not required to hear all measures referred to them. The first committee to which a bill is referred is called the lead committee. Bills are normally drafted to take effect upon approval unless otherwise noted. Bills that include a "defective date" do not render the measure invalid if enacted, but instead is a way to revisit legislation while also passing it. Committee reports often explain that the reason for the defective date is to "further discussion.” Senate amendments must be germane to the bill, but House rules do not contain a germaneness provision. Bills in Hawaii require three readings for final passage in each chamber. To become law, a bill must pass three readings in each chamber on separate days. Differences between House and Senate versions of bills are resolved by a conference committee. Members of the conference committees are appointed by the Speaker of the House and Senate President and consist of three representatives and three senators. If the report is passed by the committee, it goes back to the House and Senate for final approval. After the report passes both chambers, the final bill is sent to Governor for action. Hawaii has a biennial budget cycle, but a supplemental budget is possible in the second year. The Legislature is not required to pass a balanced budget. Hawaii's budget contains policy and appropriations. The budget begins in both the House Finance Committee and the Senate Ways and Means Committee, where it is debated and amended. After the bill passes its respective committee, it receives consideration in the Committee of the Whole, which can vote on final passage and send the budget to the Governor for action.


S.B. 2001 - Smoking Bans

Sponsor: Senator Karl Rhoads (D)

Summary: This measure would prohibit smoking on all sidewalks and would assign a $50 fine for a person guilty of violating this measure.

https ://ww w.cap itol. hawai i.gov /sess ion20 18/bi lls/S B2001 _.PDF

Status: Introduced 1/17/2018. Referred to Senate Commerce, Consumer Protection and Health Committee, Senate Judiciary Committee 1/19/2018

Outlook: This measure has been referred to the Senate Commerce, Consumer Protection and Health Committee where Senator Rosalyn Baker (D) serves as Chair and the Senate Judiciary Committee, where Senator Brian Taniguchi (D) serves as Chair. A bill must pass through each committee of referral prior to being heard on the House or Senate floor. The sponsor serves on the committee(s) of referral.


State Outlook: The Democratic Party controls the House of Representative and the Senate, as well as the Governor's Office. Hawaii has a two-year session that convenes annually on the

https://www.capitol.hawaii.gov/session2018/bills/SB2001_.PDF

third Wednesday in January and remains in session for 60 legislative days. Bills left pending at the end of a session in an odd-numbered year may be carried over to the following session in the subsequent even-numbered year. Resolutions are not eligible for carryover and will fail upon the adjournment of each session if they are not passed. Upon introduction, most bills are referred to multiple committees. Committees are not required to hear all measures referred to them. The first committee to which a bill is referred is called the lead committee. Bills are normally drafted to take effect upon approval unless otherwise noted. Bills that include a "defective date" do not render the measure invalid if enacted, but instead is a way to revisit legislation while also passing it. Committee reports often explain that the reason for the defective date is to "further discussion.” Senate amendments must be germane to the bill, but House rules do not contain a germaneness provision. Bills in Hawaii require three readings for final passage in each chamber. To become law, a bill must pass three readings in each chamber on separate days. Differences between House and Senate versions of bills are resolved by a conference committee. Members of the conference committees are appointed by the Speaker of the House and Senate President and consist of three representatives and three senators. If the report is passed by the committee, it goes back to the House and Senate for final approval. After the report passes both chambers, the final bill is sent to Governor for action. Hawaii has a biennial budget cycle, but a supplemental budget is possible in the second year. The Legislature is not required to pass a balanced budget. Hawaii's budget contains policy and appropriations. The budget begins in both the House Finance Committee and the Senate Ways and Means Committee, where it is debated and amended. After the bill passes its respective committee, it receives consideration in the Committee of the Whole, which can vote on final passage and send the budget to the Governor for action.


IDAHO

H.B. 341 - Retail Licensing, Tobacco Age Restrictions

Sponsor: ID House Health and Welfare Committee

Summary: This measure establishes a fee for a tobacco permit to cover the gap in funding resulting from the loss of Millennium funding and fluctuation in fine receipt and inspection costs.

http: //leg islat ure.i daho. gov/w p-con tent/ uploa ds/se ssion info/ 2018/ legis latio n/H03 41.pd f

Status: Introduced 1/16/2018. Referred to House Health and Welfare Committee 1/17/2018.

Outlook: This measure awaits consideration in the House Health and Welfare Committee, chaired by Representative Fred Wood (R).

Due to this measure being sponsored by a committee, it is likely that this measure has bipartisan support.

State Outlook: The Republican party controls the House of Representatives and the Senate, as well as the Governor’s office. The Legislature convenes every year on the second Monday in January and does not have a mandated adjournment date. Legislation is not eligible for carryover from one

http://legislature.idaho.gov/wp-content/uploads/sessioninfo/2018/legislation/H0341.pdf

session to the next. The Governor can convene special sessions at any time. The bill filing deadline in the House is the 20th day of session for members and the 36th day of session for committees. The bill filing deadline in the Senate is 12th days of session for members and the 36th day for committees. After the 36th day, only certain committees may introduce bills (House State Affairs, House Appropriations, House Education, House Revenue and Taxation, House Ways and Means, Senate State Affairs, Senate Finance and Senate Judiciary and Rules committees).

Upon introduction, a bill may be referred to a committee. Committees are not required to hear every bill referred to them. If a bill receives a hearing, members of the public may testify on the bill and legislators may amend the measure. Bills are rarely reported out with the recommendation to “do not pass,” and many bills die in committee. Bills that are to be amended are referred to the Committee of the Whole. If there are differences between the House and Senate versions of the bill, a conference committee will be appointed to resolve differences. Members of the conference committees are appointed by the Speaker of the House and Senate President and consist of an equal number of members of the House of Representatives and the Senate. If the report is passed by the committee, it goes back to the House and Senate for final approval. After the report passes both chambers, the final bill is then sent to the Governor for action. The Idaho budget process occurs on an annual basis and only contains appropriations. The Governor submits a budget proposal to the Legislature within five days of the start of session. The Joint Finance and Appropriations Committee holds hearings on the bill and considers amendments. The final bill must be approved by a simple majority in each chamber. After passage, the final budget is sent to the Governor for approval.

ILLINOIS

Nothing to report.

INDIANA

H.B. 1187 - E-Cigarettes

Sponsor: Representative Sheila Klinker (D)

Summary: This measure would impose a $0.10 tax per fluid milliliter of consumable product on e-liquids that contain nicotine. This measure specifies that the tax is imposed on the distributor of the vapor product. The tax would be imposed at the time the distributor brings or causes vapor products to be brought into Indiana for distribution, manufactures or transports these products for resale by retail dealers. The measure also states that all invoices for vapor products must state the amount of consumable product in milliliters. 50% of the revenue from this tax will be deposited into the state general fund and the other 50% will be put into the addiction services fund.

http: //iga .in.g ov/st atic- docum ents/ c/7/2 /e/c7 2e8d4 e/HB1 187.0 1.INT R.pdf

Status: Introduced; referred to House Ways and Means Committee 1/9/2018.

Outlook: This measure has been referred to the House Ways and Means Committee, where Rep. Timothy Brown (R) serves as Chair. The sponsor serves on the committee of referral.

http://iga.in.gov/static-documents/c/7/2/e/c72e8d4e/HB1187.01.INTR.pdf

The sponsor is a member of the minority party. This measure has not garnered the support of co-sponsors.

State Outlook: The Republican Party controls the House of Representatives and the Senate, as well as the Governor's Office. The legislative session convenes annually. In odd-numbered years, the regular session must adjourn sine die no later than April 29. In even-numbered years, the regular session must adjourn sine no later than March 14. Bills may be pre-filed in the Senate 30 days prior to the start of the session. House filing begins on the first day of the session. Legislation does not carryover from year to year. Upon introduction, a bill may be referred to one committee. Committees are not required to hear every bill referred to them. The committee to which a bill is referred can kill it by refraining from acting on the measure. Members of the public may testify and the bill can be amended. Indiana has strict germaneness rules. If the bill passes the committee, it reports to the floor for a second reading, where it can be debated and amended. Bills in Indiana require three readings for final passage in each chamber. Amendments must be germane to the bill. If there are differences between the House and Senate versions of the bill, a conference committee is appointed to resolve differences. If the report passes through committee, it goes back to the chamber for final approval. After the report passes both chambers, the final bill is sent to Governor for action. The budget process occurs on a biennial basis and only contains appropriations. The Governor submits a budget proposal to the General Assembly at the start of the session, which is referred to the House Ways and Means Committee. After the bill passes the Committee, it goes to the floor, where each member can offer amendments. When the amendment process is complete, there is a final vote on the bill. Once it passes by a simple majority, the bill moves to the Senate Appropriations Committee. The process repeats itself in the Senate and then goes to a conference committee to resolve difference between the two versions. The conference committee report must have unanimous consent among the conferees. The report then goes to each chamber for a final vote. After passage, the final budget is sent to the Governor for approval.


INDIANA H.B. 1281 - Retail Licensing

Sponsor: Representative Jim Lucas (R)

Summary: This measure makes various changes to tobacco certification. A person may not sell or distribute a tobacco product or e-cigarette at retail without a valid tobacco sales certificate issued by the commission. A separate certificate is required for each location where these products are sold or distributed. These certificates would be valid for three years. If a tobacco sales certificate has been revoked, the commission may not reinstate or renew the certificate for at least 180 days after the date of revocation.

The commission may reinstate or renew the certificate only upon a reasonable showing by the applicant that the applicant shall exercise due diligence in the sale of tobacco products or electronic cigarettes on the applicant's premises where the tobacco products or electronic cigarettes are sold or distributed and properly supervise and train the applicant's employees or agents in the handling and sale of tobacco products or electronic cigarette (pg. 8-9).

http: //iga .in.g ov/st atic- docum ents/ 8/a/f /d/8a fdc28 1/HB1 281.0 1.INT R.pdf

Status: Introduced; referred to House Public Policy Committee 1/11/2018.

Outlook: This measure has been referred to the House Public Policy Committee, where Rep. Ben Smaltz (R) serves as Chair. The sponsor serves on the committee of referral.

The sponsor is a member of the majority party. This measure has not garnered the support of co-sponsors. This measure was introduced on January 11, but was not made public until January 15.


Effective Date: Varies by provision INDIANA H.B. 1380 - E-Cigarettes, Tobacco Age Restrictions, Tobacco Taxes

Sponsor: Representative Charlie Brown (D)

Summary: This measure would increase the cigarette tax from $0.995 per pack to $2.995 per pack. It makes a change to the weight tax for cigarettes. Cigarettes weighing not more than 3 pounds per 1,000, a tax at the rate of $0.14975 per individual cigarette. Cigarettes weighing more than 3 pounds per 1,000 will be taxed at a rate of $0.16612 per cigarette (pg. 2).

This measure would raise the age of purchase and possession of tobacco and e-cigarette

http://iga.in.gov/static-documents/8/a/f/d/8afdc281/HB1281.01.INTR.pdf

products from 18 to 21. The corresponding changes to laws concerning e-cigarettes, tobacco retailer permits and admission to establishments where smoking is permitted are outlined in detail throughout the measure. Merchants or retailers who sell or distribute tobacco products and e-cigarettes may sell to a person who is at least 18 years old up until June 30, 2018.

http: //iga .in.g ov/st atic- docum ents/ d/4/b /e/d4 be1a3 f/HB1 380.0 1.INT R.pdf

Status: Introduced; referred to House Public Health Committee 1/16/2018.

Outlook: This measure has been referred to the House Public Health Committee, where Rep. Cindy Kirchhofer (R) serves as Chair. The sponsor serves on the committee of referral.




INDIANA H.B. 1381 - Smoking Bans

Sponsor: Representative Charlie Brown (D)

Summary: This measure removes exemptions in the Indiana code concerning alcohol and tobacco that allow smoking in restaurants (pg. 5) where smoking would otherwise be prohibited.

http://iga.in.gov/static-documents/d/4/b/e/d4be1a3f/HB1380.01.INTR.pdf

http: //iga .in.g ov/st atic- docum ents/ d/d/9 /1/dd 91c04 1/HB1 381.0 1.INT R.pdf

Status: Introduced; referred to House Public Health Committee 1/16/2018.

Outlook: This measure has been referred to the House Public Health Committee, where Rep. Cindy Kirchhofer (R) serves as Chair. The sponsor serves on the committee of referral.




IOWA

Nothing to report.

KANSAS

Nothing to report.

KENTUCKY

http://iga.in.gov/static-documents/d/d/9/1/dd91c041/HB1381.01.INTR.pdf

S.B. 93 - E-Cigarettes, Self-Service Display

Sponsor: Senator Julie Raque Adams (R)

Summary: This measure allows a city or county government to regulate the use, display, sale, or distribution of tobacco products or vapor products.

http: //www .lrc. ky.go v/rec orddo cumen ts/bi ll/18 RS/SB 93/bi ll.pd f

Status: Introduced 1/18/2018. Referred to Senate State and Local Government Committee 1/19/2018.

Outlook: This measure awaits consideration in the Senate State and Local Government Committee, chaired by Senator Joe Bowen (R). The sponsor is not a member of the committee of referral.


State Outlook: The Republican Party controls the House of Representatives and the Senate, as well as the Governor's Office. In even-numbered years, sessions may not last more than 60 legislative days and cannot extend beyond April 15. In odd-numbered years, sessions may not last more than 30 legislative days and cannot extend beyond March 30. Legislation is not eligible for carryover from one session to the next.

Upon introduction, every bill is referred to a committee, but committees are not required to hear every bill referred to them. Bills are typically heard only once in committee. Kentucky typically posts legislative calendars for upcoming hearings late in the day, resulting in many short-notice hearings. If the measure receives a public hearing, members of the public may testify and legislators may amend the measure. Bills in Kentucky may be amended at any point throughout the legislative process, but Kentucky has germaneness provisions in both chambers. To pass, a bill must receive at least 2/5 of the total membership of a chamber (40 Representatives or 16 Senators) as well as a majority of members present and voting. After passage, a bill is sent to the Governor for final approval. The Legislature holds a veto session towards the end of the session where the General Assembly may override the veto with a simple majority vote in both chambers.

Kentucky's budget process occurs on a biennial basis and only contains appropriations. The Governor’s proposed budget is introduced in the House and assigned to the House Appropriations and Revenue Committee. The bill is heard in committee multiple times, where it is debated and amended. Floor amendments can be filed before the bill passes out of committee. Once the bill passes out of committee, it goes to the House floor, where floor amendments can be adopted. After all amendments are considered, the chamber votes on the bill and the process repeats itself in the Senate. Once the Senate has a final bill, the measure goes to a conference committee resolve differences between the two version. After passage, the final budget is sent to the Governor for approval.

LOUISIANA

Nothing to report.

http://www.lrc.ky.gov/recorddocuments/bill/18RS/SB93/bill.pdf

MAINE

L.D. 1329 - Retail Licensing

Sponsor: Representative Jeffrey Pierce (R)

Summary: This measure allows the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations to issue licenses to tobacco retail establishments to sell spirits, wine and malt liquor for consumption on the premises of those establishments.

http: //www .main elegi slatu re.or g/leg is/bi lls/g etPDF .asp? paper =HP09 23&am p;ite m=1&a mp;sn - um=12 8

Status: Introduced; referred to Committee on Veterans and Legal Affairs 4/4/2017. Re-referred to Committee on Health and Human Services 4/11/2017. Carried over to 2018 Legislative Session 8/2/2017. Hearing held 1/9/2018. Work Session Scheduled 1/24/2018.

Outlook: This measure was scheduled for a work session in the Committee on Health and Human Services January 24. Testimony is unlikely to be permitted, as this session is generally used to make substitutions and add amendments to a measure, before issuing a report. A report from the committee is required in order to receive consideration in either chamber.

This measure was heard in the Committee on Health and Human Services on January 9. The hearing was open to the public and testimony was allowed by the co-chairs. Opponents say posit that "by enacting this law you would. create a special exemption for tobacco specialty stores which essential allows them to operate as a bar that allows indoor smoking." Those opposed the this measure include the American lung Association, MaineHealth, Maine Medical Association, the American Cancer Association, and the American Heart Association.

This measure has garnered the support of cosponsors.

State Outlook: The Democratic Party controls the House, and the Republican Party controls the Senate and the Governor’s Office. The Legislature convenes the first Wednesday in December during odd-numbered years and the first Tuesday in January during even-numbered years, and stays in session until the Legislature decides to adjourn. Special sessions may be called by the Governor for “extraordinary occasions” or by the Speaker of the House or the President of the Senate with the consent of a simple majority in both chambers. Bills left pending at the end of a session in an odd-numbered year may be carried over to the following session in subsequent even-numbered year. Upon introduction, the Secretary of the Senate or the Clerk of the House assign bills to an agreed upon joint committee, comprised of three senators and ten representatives. Bills are placed on the agenda for public hearings at the discretion of the chair or by a simple majority vote of the committee.

A bill typically has multiple public hearings in the committee, where members of the public may testify on the bill and legislators may amend the measure. Maine requires amendments be germane to the original bill. A committee will not take formal action on a bill unless it is scheduled for a work session. The full chamber is not required to follow the committee’s recommendation. The chamber can pass the original version of a bill, even if a committee amended it, and vice-versa. Bills are read twice on two separate days on the floor, after which they can no longer be amended and are able to pass through both chambers. If there are

http://www.mainelegislature.org/legis/bills/getPDF.asp?paper=HP0923&item=1&snum=128

http://www.mainelegislature.org/legis/bills/getPDF.asp?paper=HP0923&item=1&snum=128

differences between the House and Senate versions of the bill, a conference committee will be appointed to resolve differences. Members of the conference committees consist of three members of the House of Representatives and three members of the Senate who voted on the prevailing side. If the report is passed by the committee, it goes back to the House and Senate for final approval. After the report passes both chambers, the final bill is sent to the Governor for action. Maine’s budget process occurs on a biennial basis and contains policy and appropriations. The Governor’s proposal is referred to the Joint Appropriations Committee. Each participating policy committee appoints a subcommittee to serve as a liaison to the Appropriations Committee during deliberations. If there are separate spending bills that could reduce revenue or adjust appropriations, they are usually set aside on the Special Appropriations Table or the Special Highway Table for consideration after the budget is finished. The Appropriations Committee amends the Governor’s proposal based on policy subcommittees’ input and sends the bill for approval in both chambers. After passage, the final budget is sent to the Governor for approval.

Effective Date: 90 days after adjournment of session.

MARYLAND

H.B. 47 - E-Cigarettes, Mail Order Prohibitions

Sponsor: Delegate Sally Jameson (D)

Summary: This measure relates to electronic nicotine delivery systems retail license and sales through mail or electronic network.

http: //mga leg.m aryla nd.go v/201 8RS/b ills/ hb/hb 0047f .pdf

Status: Prefiled 12/11/2017. Introduced; Referred to Assembly Environment and Transportation 1/10/2018. Hearing Scheduled 1/24/2018.

Outlook: This measure will be heard January 24. The hearing will be open to the public and testimony will be accepted at the discretion of the Chair, Delegate Dereck Davis (D). A vote is not likely, but will likely occur in a future hearing not open to the public.

This measure was formally introduced on January 10. This measure has been referred to the Assembly Economic Matters Committee. The sponsor does not serve on the committee of referral.

State Outlook: The Democratic Party controls the House of Representatives and the Senate, while the Republican Party controls the Governor's Office. The General Assembly convenes annually for 90-day sessions. Each session begins on the second Wednesday of January. The General Assembly can adjourn early or extend session beyond 90 days for a maximum amount of 30 days by a resolution supported by three-fifths of the members in each chamber. Legislation is not eligible for carryover from one session to the next. In Maryland, the bill filing deadline is the 24th legislative day in the Senate and the 31st legislative day in the House. If a bill meets the filing deadline, it is guaranteed to receive a committee hearing. The courtesy deadline for committees to report bills in the committee to the floor is the 63rd legislative day. Toward the end of the session, the actual calendar date and the

http://mgaleg.maryland.gov/2018RS/bills/hb/hb0047f.pdf

"legislative date" become separated. Maryland include both dates in its status history, but the actual date should be used rather than the legislative date. Upon introduction, a bill is referred to one or more committees. During a public hearing, members of the public may testify on the bill. After the hearing, legislators hold an executive session to vote on a recommendation for the measure. Executive sessions are not open to the public and are not announced prior to being called. If the bill receives a favorable recommendation, it is reported to the floor for a second reading, where it can be debated and amended. Bills in Maryland require three readings for final passage in each chamber and cannot be amended on third reading. Maryland has germaneness provisions in both chambers that are enforced in committee. Maryland's budget process occurs on an annual basis and only contains appropriations. Each legislative session, the House and Senate alternate which chamber will move the bill. After a passage of the conference committee report by both chambers, the budget is enacted and does not require the Governor's signature.

**MARYLAND S.B. 90 - E-Cigarettes, Mail Order Prohibitions

Sponsor: Senator Thomas Middleton (D)

Summary: This measure would authorize the holder of an electronic nicotine delivery systems retailer license to make sales to consumers through the mail, a computer network, a telephonic network or another electronic network.

http: //mga leg.m aryla nd.go v/201 8RS/b ills/ sb/sb 0090F .pdf

Status: Prefiled 12/13/2017. Introduced; Referred to Senate Finance Committee 1/10/2018. Hearing held 1/17/2018. Hearing scheduled 1/24/2018.

Outlook: This measure will be heard January 24. The hearing will be open to the public and testimony will be accepted at the discretion of the Chair. A vote may occur at the discretion of the Chair.

At the January 17 hearing, no action was taken on this measure in the Senate Finance Committee.

The sponsor does not serve on the committee of referral.

State Outlook: The Democratic Party controls the House of Representatives and the Senate, while the Republican Party controls the Governor's Office. The General Assembly convenes annually for 90-day sessions. Each session begins on the second Wednesday of January. The General Assembly can adjourn early or extend session beyond 90 days for a maximum amount of 30 days by a resolution supported by three-fifths of the members in each chamber. Legislation is not eligible for carryover from one session to the next. In Maryland, the bill filing deadline is the 24th legislative day in the Senate and the 31st legislative day in the House. If a bill meets the filing deadline, it is guaranteed to receive a committee hearing. The courtesy deadline for committees to report bills in the committee to the floor is the 63rd legislative day. Toward the end of the session, the actual calendar date and the "legislative date" become separated. Maryland include both dates in its status history, but the actual date should be used rather than the legislative date. Upon introduction, a bill is referred to

http://mgaleg.maryland.gov/2018RS/bills/sb/sb0090F.pdf

one or more committees. During a public hearing, members of the public may testify on the bill. After the hearing, legislators hold an executive session to vote on a recommendation for the measure. Executive sessions are not open to the public and are not announced prior to being called. If the bill receives a favorable recommendation, it is reported to the floor for a second reading, where it can be debated and amended. Bills in Maryland require three readings for final passage in each chamber and cannot be amended on third reading. Maryland has germaneness provisions in both chambers that are enforced in committee. Maryland's budget process occurs on an annual basis and only contains appropriations. Each legislative session, the House and Senate alternate which chamber will move the bill. After a passage of the conference committee report by both chambers, the budget is enacted and does not require the Governor's signature.

MASSACHUSETTS

Nothing to report.

MICHIGAN

Nothing to report

MINNESOTA

Nothing to report

MISSISSIPPI

H.B. 835 - Tobacco Age Restrictions

Sponsor: Representative Deborah Dixon (D)

Summary: This measure increases the minimum age to purchase tobacco to 21 years of age.

http: //bil lstat us.ls .stat e.ms. us/do cumen ts/20 18/pd f/HB/ 0800- 0899/ HB083 5IN.p df


Outlook: This measure has been referred to the House Ways and Means Committee, chaired by Representative Jeffrey Smith (R). The sponsor of this measure does not serve on the committee of referral.

State Outlook: The Republican Party controls the House of Representatives and the Senate, as well as the Governor’s Office. The Legislature convenes the Tuesday after the first Monday in January and meets for 90 session days. The Legislature can extend session for 30 days by a two-thirds vote of both legislative chambers, with no limit on the number of times session can be extended. Legislation is not eligible for carryover from one session to the next.

Upon introduction, a bill is read for the first time and is referred to a committee. However, committees are not required to hear every bill referred to them. Mississippi does not post committee agendas before meeting. Committee meetings are open to the public, unless a motion is adopted by a simple majority of the committee to hold an executive session. During an executive session, members can deliberate and vote on measures.

http://billstatus.ls.state.ms.us/documents/2018/pdf/HB/0800-0899/HB0835IN.pdf

After a bill is reported out of committee, the bill is read for the third and final time. Amendments can be offered on the floor during this time and must be germane to the original bill. Only one amendment may be considered at a time and committee amendments take precedence over amendments made on the floor. Once amendments have been considered and the debate is finished, the measure is voted on and sent to the Governor upon passage.


MISSISSIPPI H.B. 906 - Tobacco Taxes

Sponsor: Representative Jeffrey Smith (R)

Summary: This measure increases the tobacco equity tax imposed on cigarettes made by nonsettling manufacturers to 3.4 cent per cigarette.

http: //bil lstat us.ls .stat e.ms. us/do cumen ts/20 18/pd f/HB/ 0900- 0999/ HB090 6IN.p df


Outlook: This measure has been referred to the House Ways and Means Committee, chaired by the sponsor of the measure.





MISSISSIPPI S.B. 2230 - Tobacco Taxes

Sponsor: Senator Willie Simmons (D)

Summary: This measure increases the tax rate on cigarettes to 10.9 cents per cigarette sold with a maximum length of 120 millimeters.

http://billstatus.ls.state.ms.us/documents/2018/pdf/HB/0900-0999/HB0906IN.pdf

http: //bil lstat us.ls .stat e.ms. us/do cumen ts/20 18/pd f/SB/ 2200- 2299/ SB223 0IN.p df

Status: Introduced; referred to Senate Finance Committee 1/10/2018.

Outlook: This measure has been referred to the Senate Finance Committee, chaired by Senator Joey Fillingane (R). The sponsor of this measure does not serve on the committee of referral.





MISSISSIPPI S.C.R. 531 - Tobacco Taxes

Sponsor: Senator Barbara Blackmon (D)

Summary: The measure creates a study committee to study all tax exemptions and determine which ones can be eliminated to provide infrastructure and maintenance as recommended by the Mississippi Department of Transportation on an annual basis.

The study committee will evaluate sales tax, income tax, privilege tax, fuel tax and diversions of taxes.

http: //bil lstat us.ls .stat e.ms. us/do cumen ts/20 18/pd f/SC/ SC053 1IN.p df

Status: Introduced; referred to Rules Committee 1/15/2018.

Outlook: The measure awaits further consideration in the Rules Committee.

The sponsor is a member of the minority party.

State Outlook: The Republican Party controls the House of Representatives and the Senate, as well as the Governor’s Office. The Legislature convenes the Tuesday after the first Monday in January and meets for 90 session days. The Legislature can extend session for 30 days by a two-thirds vote of both legislative chambers, with no limit on the number of times session can be

http://billstatus.ls.state.ms.us/documents/2018/pdf/SC/SC0531IN.pdf

http://billstatus.ls.state.ms.us/documents/2018/pdf/SB/2200-2299/SB2230IN.pdf

extended. Legislation is not eligible for carryover from one session to the next.



MISSOURI

H.B. 1855 - Tobacco Taxes

Sponsor: Representative Curtis Trent (R)

Summary: This measure repeals the state's preemption of the entire field of legislation increasing cigarette and tobacco taxes to the exclusion of any political subdivision of this state.

http: //www .hous e.mo. gov/b illtr ackin g/bil ls181 /hlrb illsp df/55 18H.0 1I.pd f


Outlook: The sponsor of this measure is a member of the majority party. The measure has not garnered the support of cosponsors.

State Outlook: The Republican Party controls the House of Representatives, Senate and the Governor’s Office. Missouri’s legislative session lasts for two years, however bills and resolutions do not carryover from one session to the next.

All bills are required to be referred to a committee, however timing of the referral is at the discretion of chamber leadership and committees are not required to hold a hearing for every bill referred to them. All bills that have a significant fiscal impact must be approved by the House Fiscal Review Committee before final passage. Furthermore, all hearings are made public, members of the public may testify (except for conference committees) and legislators may amend or substitute the measure. Multiple hearings can occur on a measure, but a vote will only occur during an executive session. If a measure is amended, amendment text may not be posted until the committee officially reports on the measure, which could result in a delay of a few days. A favorable bill will be placed on the "perfection calendar", where it may be debated or amended. Missouri does not strictly adhere to germaneness rules-- as session comes to a close, it is common for bills to be amended into each other on the chamber floor, creating large “kitchen sink bills”. When all amendments have been debated and voted on, a vote is taken on whether to have the bill "perfected and printed," with any amendments incorporated into the bill. This process repeats in the other chamber, and if there are differences between the House and Senate versions of the bill, a conference committee is appointed to resolve differences. If the report is passed by the conference committee, it goes back to the House and Senate for final approval. After the report is “Truly Agreed and Finally Passed” (passed by both chambers), the

http://www.house.mo.gov/billtracking/bills181/hlrbillspdf/5518H.01I.pdf

bill is sent to the Governor for action.

Missouri’s budget process occurs on an annual basis and contains appropriations and policy. After the Governor presents his budget recommendation, the House is required to introduce budget bills and the process begins. Simultaneously, the Senate will work on their version and once both chamber’s bills pass the Senate, a conference committee meets to resolve differences between the two versions. After final passage, the bill goes to the Governor for action.

Effective Date: August 28, 2018

MISSOURI H.B. 2162 - Tobacco Taxes

Sponsor: Representative Richard Brown (D)

Summary: This measure establishes that any city may by a majority vote of its governing body impose a sales tax for transportation purposes on tobacco.

The sales tax may be imposed at a rate not to exceed 0.5 of 1% on the receipts from the sale at retail of all tangible personal property or taxable services at retail within any city adopting such tax, if such property and services are subject to taxation by the state of Missouri.

Defines "tobacco" as cigarettes, cigars, chewing or pipe tobacco, or any other item that contains tobacco.

http: //www .hous e.mo. gov/b illtr ackin g/bil ls181 /hlrb illsp df/41 01H.0 1I.pd f


Outlook: This measure awaits to be referred to a committee for further consideration.

The sponsor is a member of the minority party. This measure has not garnered co-sponsor support.

Last year, two similar measures (H.B. 763 and H.B.667) were introduced. Neither received any action, and both failed upon adjournment.


All bills are required to be referred to a committee, however timing of the referral is at the discretion of chamber leadership and committees are not required to hold a hearing for every bill referred to them. All bills that have a significant fiscal impact must be approved by the House Fiscal Review Committee before final passage. Furthermore, all hearings are made public, members of the public may testify (except for conference committees) and legislators may amend or substitute the measure. Multiple hearings can occur on a measure, but a vote will only occur during an executive session. If a measure is amended, amendment text may not be posted until the committee officially reports on the measure, which could result in a delay of a few days. A favorable bill will be placed on the "perfection calendar", where it may be debated or amended. Missouri does not strictly adhere to germaneness rules-- as session comes to a

http://www.house.mo.gov/billtracking/bills181/hlrbillspdf/4101H.01I.pdf

close, it is common for bills to be amended into each other on the chamber floor, creating large “kitchen sink bills”. When all amendments have been debated and voted on, a vote is taken on whether to have the bill "perfected and printed," with any amendments incorporated into the bill. This process repeats in the other chamber, and if there are differences between the House and Senate versions of the bill, a conference committee is appointed to resolve differences. If the report is passed by the conference committee, it goes back to the House and Senate for final approval. After the report is “Truly Agreed and Finally Passed” (passed by both chambers), the bill is sent to the Governor for action.


Effective Date: January 1, 2020

**MISSOURI S.J.R. 30 - Tobacco Taxes

Sponsor: Senator Andrew Koenig (R)

Summary: This measure, beginning January 1, 2020, repeals all state sales taxes and exemptions thereto other than taxes on alcohol, aviation fuel, insurance products, tobacco, and any constitutionally authorized sales tax. From January 1, 2020 to December 31, 2021, the state sales tax shall be imposed on all sales and services, other than those exempted by the amendment, at a rate not to exceed 5%. Beginning January 1, 2022, the total of the state sales tax, conservation sales tax, and the parks and soils sales tax shall not exceed 8%.

http: //www .sena te.mo .gov/ 18inf o/pdf -bill /intr o/SJR 30.pd f

Status: Introduced 1/3/2018. Referred to Senate Ways and Means Committee 1/18/2018.

Outlook: The measure has been referred to the Senate Ways and Means Committee.

The sponsor of this measure is a member of the majority party. The measure has not garnered the support of cosponsors.


All bills are required to be referred to a committee, however timing of the referral is at the discretion of chamber leadership and committees are not required to hold a hearing for every bill referred to them. All bills that have a significant fiscal impact must be approved by the House Fiscal Review Committee before final passage. Furthermore, all hearings are made public, members of the public may testify (except for conference committees) and legislators may amend or substitute the measure. Multiple hearings can occur on a measure, but a vote will only occur during an executive session. If a measure is amended, amendment text may not be posted until the committee officially reports on the measure, which could result in a delay of a

http://www.senate.mo.gov/18info/pdf-bill/intro/SJR30.pdf

few days. A favorable bill will be placed on the "perfection calendar", where it may be debated or amended. Missouri does not strictly adhere to germaneness rules-- as session comes to a close, it is common for bills to be amended into each other on the chamber floor, creating large “kitchen sink bills”. When all amendments have been debated and voted on, a vote is taken on whether to have the bill "perfected and printed," with any amendments incorporated into the bill. This process repeats in the other chamber, and if there are differences between the House and Senate versions of the bill, a conference committee is appointed to resolve differences. If the report is passed by the conference committee, it goes back to the House and Senate for final approval. After the report is “Truly Agreed and Finally Passed” (passed by both chambers), the bill is sent to the Governor for action.


Effective Date: Upon approval.

MONTANA

Nothing to report.

NEBRASKA

L.B. 1087 - Tobacco Taxes

Sponsor: Senator Justin Wayne (I)

Summary: This measure states that the tax on cigars, cheroots, or stogies shall be 20 percent of:1) the purchase price of the cigars, cheroots, or stogies paid by the first owner or2) the price at which a first owner who made, manufactured, or fabricated the cigars, cheroots, or stogies sells the items to others, except that the maximum tax imposed shall be 50 cents for each cigar, cheroot, or stogie.

https ://ne brask alegi slatu re.go v/Flo orDoc s/105 /PDF/ Intro /LB10 87.pd f



The sponsro is affiliated with the Democratic Party.

State Outlook: The Nebraska Legislature is technically non-partisan, but Republican-affiliated members compose the majority of the Senate. Upon introduction, a bill may be referred to a committee by a nine-member reference committee. Committees are required to hear all bills refer to them and Legislators may

https://nebraskalegislature.gov/FloorDocs/105/PDF/Intro/LB1087.pdf

designate on bill as a priority bill, which are heard before all non-priority bills. The committee chair may designate two bills in committee as priority bills, and the Speaker of the House may designate an additional 25 priority bills. When a hearing is held, members of the public may testify, and the committee may either kill the bill, hold it for further discussion, or advance it to the full legislature with or without recommended amendments. Omnibus bills are often introduced by committees that cove a broad spectrum of relevant issues. Once reported out of committee, measures are placed in the General File and are eligible for debate and consideration by the full Legislature. This is regarded as the most important part of the legislative process and 25 votes are required to adopt amendments or move a bill from General File to the Select File, which is the next stage of consideration. Once in the Select file, bills may be debated, further amended, and voted on for a second time before moving to the final reading. Bills may not be voted on for final passage until at least five legislative days after its introduction and one legislative day after it is placed on final reading. Nebraska’s budget process occurs on a biennial basis and contain only appropriations. The process begins when the Governor’s budget proposal is sent to the Appropriations Committee for consideration. If the Appropriations Committee does not place an amended version in the General File by the 70th day of session, the Governor’s proposal is placed on the General File instead. Amendments can be offered to the bill on the floor before the bill is moved to final passage. If the Governor vetoes the bill, the Appropriations Committee must move to recommend the full chamber override the veto within one day of receiving the Governor’s veto message. If the motion fails, the chair may arrange to override selected portions of the bill. Thirty votes are required to amend a veto override motion that includes another line-item veto.

NEBRASKA L.B. 1117 - Tobacco Taxes

Sponsor: Senator Sue Crawford (I)

Summary: This measure increases the tax on a pack of cigarettes from $0.64 to $2.14.

https ://ne brask alegi slatu re.go v/Flo orDoc s/105 /PDF/ Intro /LB11 17.pd f



The sponsor is affiliated with the Democratic Party.

State Outlook: The Nebraska Legislature is technically non-partisan, but Republican-affiliated members compose the majority of the Senate. Upon introduction, a bill may be referred to a committee by a nine-member reference committee. Committees are required to hear all bills refer to them and Legislators may designate on bill as a priority bill, which are heard before all non-priority bills. The committee chair may designate two bills in committee as priority bills, and the Speaker of the House may designate an additional 25 priority bills. When a hearing is held, members of the public may testify, and the committee may either kill the bill, hold it for further discussion, or advance it to the full legislature with or without recommended amendments. Omnibus bills are often introduced by committees that cove a broad spectrum of relevant issues.

https://nebraskalegislature.gov/FloorDocs/105/PDF/Intro/LB1117.pdf

Once reported out of committee, measures are placed in the General File and are eligible for debate and consideration by the full Legislature. This is regarded as the most important part of the legislative process and 25 votes are required to adopt amendments or move a bill from General File to the Select File, which is the next stage of consideration. Once in the Select file, bills may be debated, further amended, and voted on for a second time before moving to the final reading. Bills may not be voted on for final passage until at least five legislative days after its introduction and one legislative day after it is placed on final reading. Nebraska’s budget process occurs on a biennial basis and contain only appropriations. The process begins when the Governor’s budget proposal is sent to the Appropriations Committee for consideration. If the Appropriations Committee does not place an amended version in the General File by the 70th day of session, the Governor’s proposal is placed on the General File instead. Amendments can be offered to the bill on the floor before the bill is moved to final passage. If the Governor vetoes the bill, the Appropriations Committee must move to recommend the full chamber override the veto within one day of receiving the Governor’s veto message. If the motion fails, the chair may arrange to override selected portions of the bill. Thirty votes are required to amend a veto override motion that includes another line-item veto.

NEVADA

Nothing to report.

NEW HAMPSHIRE


Sponsor: Representative Andrew Schmidt (D)

Summary: The measure establishes a commission to study adoption of the tax structure of the state to economic and demographic change. The commission will evaluate the taxes and other revenue sources that provide the most revenue to the state including the tobacco tax.

http: //www .genc ourt. state .nh.u s/bil l_Sta tus/b illTe xt.as px?sy =2018 & id=14 30&am p;txt Forma - t=pdf & v=cur rent

Status: Prefiled; referred to House Ways and Means Committee 11/6/2017. Hearing held 1/18/2018.

Outlook: During the January 18 hearing, no action was reported. The measure awaits further consideration in the committee of referral.

The measure was converted from L.S.R. 2417. The Legislature is expected to convene January 3, and awaits consideration in the House Ways and Means Committee.

The sponsor is a member of the minority party.

State Outlook: The Republican Party controls both the House of Representatives and the Senate, as well as the Governor’s Office. The Legislature meets annually and convenes on the first Wednesday after the first Tuesday in January. The Legislative session typically lasts five months. Bills retained in committee or bills laid on the table in the House at the end of a session in an odd-numbered year may be carried over to the following session in subsequent even-

http://www.gencourt.state.nh.us/bill_Status/billText.aspx?sy=2018&id=1430&txtFormat=pdf&v=current

http://www.gencourt.state.nh.us/bill_Status/billText.aspx?sy=2018&id=1430&txtFormat=pdf&v=current

numbered year. Additionally, all bills not deemed inexpedient to legislate or laid on the table in the Senate may be carried over to the following session.

Upon introduction, a bill is referred to a committee. Committees are required to hear every bill referred to them. During a public hearing, members of the public may testify on the bill. After the hearing, legislators hold a work session to amend the bill if necessary. Once legislators are satisfied with the bill, an executive session is held to allow the committee to vote on a recommendation for the measure. Bills reported out of the committee as “inexpedient to legislate” are unlikely to receive further consideration. Once out of committee, bills in New Hampshire require three readings for final passage in each chamber. The bill may be debated and amended during the second and third readings. Non-germane amendments are only permitted if they have already been passed by the chamber and have received a public hearing. The New Hampshire budget occurs on a biennial basis and contains policy and appropriations. The Legislature is not required to pass a balanced budget. Both the House and Senate produce separate budgets and meet in a conference committee to resolve differences between the two versions. The budget is typically presented in two separate bills. The first will generally only contain appropriations. The second, known as the “implementer,” may contain policy changes. Both versions must pass the chamber to be considered during the conference committee. Once each chamber has passed its necessary budget bills, a conference committee will be called for further deliberation. After passage, the final budget is sent to the Governor for approval.

Effective Date: Immediately upon passage.

**NEW HAMPSHIRE S.B. 409 - Tobacco Taxes

Sponsor: Senator Bob Giuda (R)

Summary: This bill establishes a tax for moist snuff as a tobacco product.

http: //www .genc ourt. state .nh.u s/lsr _sear ch/bi llTex t.asp x?id= 1852& amp;t yp e=3

Status: Prefiled 11/1/2017. Converted; referred to Senate Ways and Means Committee 12/20/2017. Introduced 1/3/2018.

Outlook: This measure was scheduled for a public hearing in the Senate Ways and Means Committee. Testimony will be allowed by the chair, Senator Andy Sanborn (R).

This measure was converted from L.S.R. 2836.


State Outlook: The Republican Party controls both the House of Representatives and the Senate, as well as the Governor’s Office. The Legislature meets annually and convenes on the first Wednesday after the first Tuesday in January. The Legislative session typically lasts five months. Bills retained in committee or bills laid on the table in the House at the end of a session in an odd-numbered year may be carried over to the following session in subsequent even-numbered year. Additionally, all bills not deemed inexpedient to legislate or laid on the table in the Senate may be carried over to the following session.

Upon introduction, a bill is referred to a committee. Committees are required to hear every bill

http://www.gencourt.state.nh.us/lsr_search/billText.aspx?id=1852&type=3

http://www.gencourt.state.nh.us/lsr_search/billText.aspx?id=1852&type=3

referred to them. During a public hearing, members of the public may testify on the bill. After the hearing, legislators hold a work session to amend the bill if necessary. Once legislators are satisfied with the bill, an executive session is held to allow the committee to vote on a recommendation for the measure. Bills reported out of the committee as “inexpedient to legislate” are unlikely to receive further consideration. Once out of committee, bills in New Hampshire require three readings for final passage in each chamber. The bill may be debated and amended during the second and third readings. Non-germane amendments are only permitted if they have already been passed by the chamber and have received a public hearing. The New Hampshire budget occurs on a biennial basis and contains policy and appropriations. The Legislature is not required to pass a balanced budget. Both the House and Senate produce separate budgets and meet in a conference committee to resolve differences between the two versions. The budget is typically presented in two separate bills. The first will generally only contain appropriations. The second, known as the “implementer,” may contain policy changes. Both versions must pass the chamber to be considered during the conference committee. Once each chamber has passed its necessary budget bills, a conference committee will be called for further deliberation. After passage, the final budget is sent to the Governor for approval.


NEW HAMPSHIRE S.B. 545 - Tobacco Age Restrictions

Sponsor: Senator David Watters (D)

Summary: This bill increases the age for sales and possession of tobacco products to 21.

http: //www .genc ourt. state .nh.u s/bil l_sta tus/b illTe xt.as px?sy =2018 & id=18 69&am p;txt Forma - t=htm l

Status: Introduced 1/3/2018. Referred to Senate Health and Human Services Committee 1/9/2018. Hearing held 1/18/2018.

Outlook: The measure was heard in the Senate Health and Human Services Committee. No votes were taken nor amendments adopted were reported. The measure awaits further consideration from the committee during a subsequent hearing. A timeline for consideration has not yet been established.

The sponsor is a member of the minority.

State Outlook: The Republican Party controls both the House of Representatives and the Senate, as well as the Governor’s Office. The Legislature meets annually and convenes on the first Wednesday after the first Tuesday in January. The Legislative session typically lasts five months. Bills retained in committee or bills laid on the table in the House at the end of a session in an odd-numbered year may be carried over to the following session in subsequent even-numbered year. Additionally, all bills not deemed inexpedient to legislate or laid on the table in the Senate may be carried over to the following session.

http://www.gencourt.state.nh.us/bill_status/billText.aspx?sy=2018&id=1869&txtFormat=html

http://www.gencourt.state.nh.us/bill_status/billText.aspx?sy=2018&id=1869&txtFormat=html

Upon introduction, a bill is referred to a committee. Committees are required to hear every bill referred to them. During a public hearing, members of the public may testify on the bill. After the hearing, legislators hold a work session to amend the bill if necessary. Once legislators are satisfied with the bill, an executive session is held to allow the committee to vote on a recommendation for the measure. Bills reported out of the committee as “inexpedient to legislate” are unlikely to receive further consideration. Once out of committee, bills in New Hampshire require three readings for final passage in each chamber. The bill may be debated and amended during the second and third readings. Non-germane amendments are only permitted if they have already been passed by the chamber and have received a public hearing. The New Hampshire budget occurs on a biennial basis and contains policy and appropriations. The Legislature is not required to pass a balanced budget. Both the House and Senate produce separate budgets and meet in a conference committee to resolve differences between the two versions. The budget is typically presented in two separate bills. The first will generally only contain appropriations. The second, known as the “implementer,” may contain policy changes. Both versions must pass the chamber to be considered during the conference committee. Once each chamber has passed its necessary budget bills, a conference committee will be called for further deliberation. After passage, the final budget is sent to the Governor for approval.

NEW JERSEY

A.B. 375 - E-Cigarettes, Tobacco Taxes

Sponsor: Assemblymember Angelica Jimenez (D)

Summary: This measure requires the Department of Treasury to create a fund for the purpose of supporting activities to prevent the use of tobacco and electronic smoking devices in the state and to promote awareness of health conditions associated with the use of tobacco and electronic smoking devices.

This measure requires a manufacturer of tobacco products or electronic smoking devices to relinquish $0.25 of every $1.00 spent on advertising or marketing of cigarettes, tobacco products or electric smoking devices in the state to the Department of Treasury for the use towards said fund.

http: //www .njle g.sta te.nj .us/2 018/B ills/ A0500 /375_ I1.PD F

Status: Introduced; Referred to Assembly Health and Senior Services Committee 1/9/2018.

Outlook: This measure is a refile of 2016-2017 A.B. 831. The measure failed to receive consideration in the Assembly.


State Outlook: The Democratic Party controls both chambers of the Legislature and the Governor's Office. New Jersey operates on a biennium and the Legislature meets annually. The legislative session lasts all year, with each two-year term beginning on the second Tuesday in even-numbered years. Bills left pending at the end of a session in an even-numbered year may be carried over to the following session in subsequent odd-numbered year. As the Legislature uses a two-year

http://www.njleg.state.nj.us/2018/Bills/A0500/375_I1.PDF

legislative session, measures may remain dormant for extended periods of time. Upon introduction, a bill is typically referred to a committee. However, the Senate President or Assembly Speaker can send a bill directly to the second reading without committee review to speed up the process. Committees are not required to hear every bill referred to them. While not required for passage, most bills in New Jersey have companions in the opposite chamber with identical text. A bill may be substituted for its companion if that bill has already undergone the committee process in its chamber of origin. If the measure receives a hearing, members of the public may testify on the bill and legislators may amend the measure. If the bill passes the committee, it is either referred to another committee or reported to the floor for a second reading, where it can be debated and amended. Bills in New Jersey require three readings for passage in each chamber. Amendments can only be added during the second reading, and the second and third readings cannot take place on the same day unless an emergency vote of three-fourths of the governing body's members is passed. The New Jersey budget occurs on an annual basis and contains policy and appropriations. Companion budget bills are written and introduced by each chamber following the Governor’s initial budget proposal. Normal committee procedures occur and both bills progress through the legislative process in their respective chambers. Once one of the measures has passed its chamber of origin, it may be substituted for its companion in the second chamber. If further deliberation is needed for the bill, a conference committee may be formed resolve differences. After passage, the final budget is sent to the Governor for approval.

Effective Date: First day of the fourth month following enactment

NEW JERSEY A.B. 1024 - Retail Licensing, Smoking Bans

Sponsor: Assemblymember Gordon Johnson (D)

Summary: This measure revises the "New Jersey Smoke-Free Air Act" to permit cigar bars and lounges with a lapsed exemption from the prohibition against indoor smoking to renew that exemption under certain circumstances.

http: //www .njle g.sta te.nj .us/2 018/B ills/ A1500 /1024 _I1.P DF

Status: Introduced; referred to Assembly Oversigt, Reform and Federal Relations Committee 1/9/2018.

Outlook: This measure is a refile of 2016-2017 AB 3773. The measure passed the Assembly but failed to receive consideration in the Senate.


State Outlook: The Democratic Party controls both chambers of the Legislature and the Governor's Office. New Jersey operates on a biennium and the Legislature meets annually. The legislative session lasts all year, with each two-year term beginning on the second Tuesday in even-numbered years. Bills left pending at the end of a session in an even-numbered year may be carried over to the following session in subsequent odd-numbered year. As the Legislature uses a two-year


legislative session, measures may remain dormant for extended periods of time. Upon introduction, a bill is typically referred to a committee. However, the Senate President or Assembly Speaker can send a bill directly to the second reading without committee review to speed up the process. Committees are not required to hear every bill referred to them. While not required for passage, most bills in New Jersey have companions in the opposite chamber with identical text. A bill may be substituted for its companion if that bill has already undergone the committee process in its chamber of origin. If the measure receives a hearing, members of the public may testify on the bill and legislators may amend the measure. If the bill passes the committee, it is either referred to another committee or reported to the floor for a second reading, where it can be debated and amended. Bills in New Jersey require three readings for passage in each chamber. Amendments can only be added during the second reading, and the second and third readings cannot take place on the same day unless an emergency vote of three-fourths of the governing body's members is passed. The New Jersey budget occurs on an annual basis and contains policy and appropriations. Companion budget bills are written and introduced by each chamber following the Governor’s initial budget proposal. Normal committee procedures occur and both bills progress through the legislative process in their respective chambers. Once one of the measures has passed its chamber of origin, it may be substituted for its companion in the second chamber. If further deliberation is needed for the bill, a conference committee may be formed resolve differences. After passage, the final budget is sent to the Governor for approval.

Effective Date: Upon enactment

NEW JERSEY A.B. 1152 - Tobacco Age Restrictions

Sponsor: Assemblymember Benjie Wimberly (D)

Summary: This measure doubles the penalties that apply to individuals who sell, offer for sale, give away or deliver single cigarettes or cigarettes in packs of less than 20 cigarettes at retail or through a vending machine.


Status: Introduced; referred to Assembly Consumer Affairs Committee 1/9/2018.



State Outlook: The Democratic Party controls both chambers of the Legislature and the Governor's Office. New Jersey operates on a biennium and the Legislature meets annually. The legislative session lasts all year, with each two-year term beginning on the second Tuesday in even-numbered years. Bills left pending at the end of a session in an even-numbered year may be carried over to the


following session in subsequent odd-numbered year. As the Legislature uses a two-year legislative session, measures may remain dormant for extended periods of time. Upon introduction, a bill is typically referred to a committee. However, the Senate President or Assembly Speaker can send a bill directly to the second reading without committee review to speed up the process. Committees are not required to hear every bill referred to them. While not required for passage, most bills in New Jersey have companions in the opposite chamber with identical text. A bill may be substituted for its companion if that bill has already undergone the committee process in its chamber of origin. If the measure receives a hearing, members of the public may testify on the bill and legislators may amend the measure. If the bill passes the committee, it is either referred to another committee or reported to the floor for a second reading, where it can be debated and amended. Bills in New Jersey require three readings for passage in each chamber. Amendments can only be added during the second reading, and the second and third readings cannot take place on the same day unless an emergency vote of three-fourths of the governing body's members is passed. The New Jersey budget occurs on an annual basis and contains policy and appropriations. Companion budget bills are written and introduced by each chamber following the Governor’s initial budget proposal. Normal committee procedures occur and both bills progress through the legislative process in their respective chambers. Once one of the measures has passed its chamber of origin, it may be substituted for its companion in the second chamber. If further deliberation is needed for the bill, a conference committee may be formed resolve differences. After passage, the final budget is sent to the Governor for approval.

Effective Date: Upon Approval of the Governor. NEW JERSEY A.B. 1315 - Smoking Bans

Sponsor: Assemblymember Reed Gusciora (D)

Summary: This measure would authorize a municipality to adopt an ordinance allowing certain new cigar lounges within the municipality that are exempt from the provisions of the “New Jersey Smoke-Free Air Act.” The ordinance would set forth how many such lounges may open and operate within the municipality. The measure would require a new cigar lounge to renew its registration after one year, and each year thereafter.


Status: Introduced,; referred to Assembly Commerce and Economic Development Committee 1/9/2018.

Outlook: This measure is a refile of 2016-2017 A.B. 2057. The measure passed the Assembly but failed to receive consideration in the Senate.


State Outlook: The Democratic Party controls both chambers of the Legislature and the Governor's Office. New Jersey operates on a biennium and the Legislature meets annually. The legislative session lasts


all year, with each two-year term beginning on the second Tuesday in even-numbered years. Bills left pending at the end of a session in an even-numbered year may be carried over to the following session in subsequent odd-numbered year. As the Legislature uses a two-year legislative session, measures may remain dormant for extended periods of time. Upon introduction, a bill is typically referred to a committee. However, the Senate President or Assembly Speaker can send a bill directly to the second reading without committee review to speed up the process. Committees are not required to hear every bill referred to them. While not required for passage, most bills in New Jersey have companions in the opposite chamber with identical text. A bill may be substituted for its companion if that bill has already undergone the committee process in its chamber of origin. If the measure receives a hearing, members of the public may testify on the bill and legislators may amend the measure. If the bill passes the committee, it is either referred to another committee or reported to the floor for a second reading, where it can be debated and amended. Bills in New Jersey require three readings for passage in each chamber. Amendments can only be added during the second reading, and the second and third readings cannot take place on the same day unless an emergency vote of three-fourths of the governing body's members is passed. The New Jersey budget occurs on an annual basis and contains policy and appropriations. Companion budget bills are written and introduced by each chamber following the Governor’s initial budget proposal. Normal committee procedures occur and both bills progress through the legislative process in their respective chambers. Once one of the measures has passed its chamber of origin, it may be substituted for its companion in the second chamber. If further deliberation is needed for the bill, a conference committee may be formed resolve differences. After passage, the final budget is sent to the Governor for approval.

Effective Date: First day of the 7th month following enactment.

NEW JERSEY A.B. 1579 - Retail Licensing, Tobacco Taxes

Sponsor: Assemblymember Herbert Conaway (D)

Summary: This measure increases, from 30% to 68%, the general tax rate imposed on tobacco products under the tobacco products wholesale sales and use tax, increases, from $0.75 per ounce to $2.25 per ounce, the current weight-based tax on moist snuff and establishes specific per unit rates of tax for certain other tobacco products, as follows: $2.70 for each cigar, $0.54 for each cigarillo, $0.135 for each little cigar, $0.135 for each single-dose smokeless tobacco product, and $4.15 per ounce for cigar and pipe tobacco.

The measure changes the base of the tobacco products wholesale sales and use tax by reestablishing the wholesaler's price charged by the wholesaler upon their sale of any tobacco product to a retail dealer as the base upon which the tax is determined.

The measure requires licensure by the Division of Taxation in the Department of the Treasury in order to operate as a manufacturer, distributor, wholesaler or retailer of tobacco products.

This measure amends P.L.2000, c.87 (C.2A:170-51.4), which prohibits sale or distribution of tobacco products to persons under 19 years of age and provides that a cigarette retail dealer license may be suspended or revoked for a violation of this prohibition, to provide that a retail license issued under the bill for other tobacco retailers may similarly be suspended or revoked

for a violation.

This measure provides funds to be annually appropriated to the Department of Health to be used for tobacco control, cessation, prevention, and treatment initiatives.


Status: Introduced; referred too Assembly Health and Senior Services Committee 1/9/2018.

Outlook: This measure is a refile of 2016-2017 AB 1815. The measure passed the Assembly Health and Senior Services Committee failed to receive consideration in the Assembly. The sponsor is a member of the majority party. This measure has not garnered the support of co-sponsors.

State Outlook: The Democratic Party controls both chambers of the Legislature and the Governor's Office. New Jersey operates on a biennium and the Legislature meets annually. The legislative session lasts all year, with each two-year term beginning on the second Tuesday in even-numbered years. Bills left pending at the end of a session in an even-numbered year may be carried over to the following session in subsequent odd-numbered year. As the Legislature uses a two-year legislative session, measures may remain dormant for extended periods of time. Upon introduction, a bill is typically referred to a committee. However, the Senate President or Assembly Speaker can send a bill directly to the second reading without committee review to speed up the process. Committees are not required to hear every bill referred to them. While not required for passage, most bills in New Jersey have companions in the opposite chamber with identical text. A bill may be substituted for its companion if that bill has already undergone the committee process in its chamber of origin. If the measure receives a hearing, members of the public may testify on the bill and legislators may amend the measure. If the bill passes the committee, it is either referred to another committee or reported to the floor for a second reading, where it can be debated and amended. Bills in New Jersey require three readings for passage in each chamber. Amendments can only be added during the second reading, and the second and third readings cannot take place on the same day unless an emergency vote of three-fourths of the governing body's members is passed. The New Jersey budget occurs on an annual basis and contains policy and appropriations. Companion budget bills are written and introduced by each chamber following the Governor’s initial budget proposal. Normal committee procedures occur and both bills progress through the legislative process in their respective chambers. Once one of the measures has passed its chamber of origin, it may be substituted for its companion in the second chamber. If further deliberation is needed for the bill, a conference committee may be formed resolve differences. After passage, the final budget is sent to the Governor for approval.

Effective Date: Upon enactment

NEW JERSEY A.B. 1586 - E-Cigarettes, Tobacco Taxes



Summary: This measure imposes a 68% wholesale sales tax on electronic cigarettes and similar nicotine delivery products, changes tax base and requires licenses to conduct business in tobacco products.


Status: Introduced; referred to Assembly Health and Senior Services Committee 1/9/2018.




Effective Date: First day of the second month following enactment

NEW JERSEY A.B. 1601 - E-Cigarettes



Summary: This measure establishes certain requirements for licensure for manufacturers, wholesale dealers, distributors and retail dealers of vapor products, which are defined to mean electronic smoking devices and related products, including the liquid nicotine cartridges used in the devices.

Require annual licensure for each person engaging in the business of manufacturing, purchasing, selling, co signing or distributing vapor products.



Outlook: This measure is a refile of 2016-2017 AB 4874. The measure passed the Assembly Health and Senior Services Committee but failed to receive further consideration in the Assembly.



Effective Date: Upon Approval of the Governor.


NEW JERSEY A.B. 1703 - Smoking Bans

Sponsor: Assemblymember Valerie Vainieri Huttle (D)

Summary: This measure prohibits smoking at public parks and beaches.


Status: Introduced; referred to Assembly Tourism, Gaming and the Arts Committee 1/9/2018.

Outlook: This measure is a refile of 2016-2017 A.B. 893.



Effective Date: 180 days after passsage

NEW JERSEY A.B. 1723 - E-Cigarettes

Sponsor: Assemblymember Valerie Vainieri Huttle (D)


Summary: This measure prohibits sale of tobacco products and electronic smoking devices at pharmacies.






Effective Date: First day of the seventh month following passage

NEW JERSEY A.B. 2081 - E-Cigarettes, Hookah

Sponsor: Assemblymember Joseph Lagana (D)


Summary: This measure permits the use of electronic smoking devices in vapor lounges.


Status: Introduced; referred to Assembly Commerce and Economic Development Committee 1/9/2018.




Effective Date: 4 months after enactment

NEW JERSEY A.C.R. 44 - Tobacco Taxes

Sponsor: Assemblymember Eric Houghtaling (D)


Summary: Establishes "New Jersey Tax Structure Study Commission."

Provides that the Commission shall examine the State’s excise taxes, including the cigarette tax and the tobacco products wholesale sales and use tax. Provides that, in examining each of those taxes, consider if the tax encourages economic growth and is efficient, stable, simple and predictable, and fair and equitable.

Provides that, in examining the State’s excise taxes, including the cigarette tax and the tobacco products wholesale sales and use tax, the Commission also shall evaluate: the effect of the taxes on price elasticity, the effect of the taxes on consumer purchasing patterns, and if these taxes fulfill a particular public purpose.

http: //www .njle g.sta te.nj .us/2 018/B ills/ ACR/4 4_I1. PDF

Status: Introduced; referred to Assembly Budget Committee 1/9/2018.

Outlook: This measure is a refile of A.C.R. 191 from the 2016-2017 session: that measure failed to gain consideration and died upon final adjournment. The sponsor is a member of the majority party, does not sit on the committee of referral and has gained the support of a cosponsor.


http://www.njleg.state.nj.us/2018/Bills/ACR/44_I1.PDF

Effective Date: Immediately. NEW JERSEY S.B. 479 - Smoking Bans

Sponsor: Senator Joseph Vitale (D)

Summary: This measure prohibits the use of smokeless tobacco in public schools. 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.

Defines the "use of smokeless tobacco" as the inhalation, chewing or placement in the oral cavity of snuff, chewing tobacco or any other matter or substance which contains tobacco.

http: //www .njle g.sta te.nj .us/2 018/B ills/ S0500 /479_ I1.PD F

Status: Introduced; referred to Senate Education Committee 1/9/2018.

Outlook: This measure is a refile of 2016-2017 S.B. 293.


State Outlook: The Democratic Party controls both chambers of the Legislature and the Governor's Office. New Jersey operates on a biennium and the Legislature meets annually. The legislative session lasts all year, with each two-year term beginning on the second Tuesday in even-numbered years. Bills left pending at the end of a session in an even-numbered year may be carried over to the following session in subsequent odd-numbered year. As the Legislature uses a two-year legislative session, measures may remain dormant for extended periods of time. Upon introduction, a bill is typically referred to a committee. However, the Senate President or Assembly Speaker can send a bill directly to the second reading without committee review to speed up the process. Committees are not required to hear every bill referred to them. While not required for passage, most bills in New Jersey have companions in the opposite chamber with identical text. A bill may be substituted for its companion if that bill has already undergone the committee process in its chamber of origin. If the measure receives a hearing, members of the public may testify on the bill and legislators may amend the measure. If the bill passes the committee, it is either referred to another committee or reported to the floor for a second reading, where it can be debated and amended. Bills in New Jersey require three readings for passage in each chamber. Amendments can only be added during the second reading, and the second and third readings cannot take place on the same day unless an emergency vote of three-fourths of the governing body's members is passed. The New Jersey budget occurs on an annual basis and contains policy and appropriations. Companion budget bills are written and introduced by each chamber following the Governor’s initial budget proposal. Normal committee procedures occur and both bills progress through the legislative process in their respective chambers. Once one of the measures has passed its chamber of origin, it may be substituted for its companion in the second chamber. If further

http://www.njleg.state.nj.us/2018/Bills/S0500/479_I1.PDF

deliberation is needed for the bill, a conference committee may be formed resolve differences. After passage, the final budget is sent to the Governor for approval.

Effective Date: First day of the third month following enactment

NEW JERSEY S.B. 903 - Smoking Bans

Sponsor: Senator James Holzapfel (R)

Summary: This measure would prohibit smoking at State-owned beaches. Under this measure, a person who smokes or carries lighted tobacco while at a State-owned beach would be fined not less than $250 for the first offense, $500 for the second offense, and $1,000 for each subsequent offense, to be collected in a civil action by a summary proceeding under the “Penalty Enforcement Law of 1999.”


Status: Introduced; referred to Senate Health, Human Services and Senior Citizens Committee 1/16/2018.

Outlook: This measure is a refile of 2016-2017 S.B. 1016. The measure failed to receive consideration in the Senate.

Currently, there is no law prohibiting smoking at State-owned beaches, although, since 2004, a section of Island Beach State Park has been designated as smoke-free, with smoking permitted in other areas.


State Outlook: The Democratic Party controls both chambers of the Legislature and the Governor's Office. New Jersey operates on a biennium and the Legislature meets annually. The legislative session lasts all year, with each two-year term beginning on the second Tuesday in even-numbered years. Bills left pending at the end of a session in an even-numbered year may be carried over to the following session in subsequent odd-numbered year. As the Legislature uses a two-year legislative session, measures may remain dormant for extended periods of time. Upon introduction, a bill is typically referred to a committee. However, the Senate President or Assembly Speaker can send a bill directly to the second reading without committee review to speed up the process. Committees are not required to hear every bill referred to them. While not required for passage, most bills in New Jersey have companions in the opposite chamber with identical text. A bill may be substituted for its companion if that bill has already undergone the committee process in its chamber of origin. If the measure receives a hearing, members of the public may testify on the bill and legislators may amend the measure. If the bill passes the committee, it is either referred to another committee or reported to the floor for a second reading, where it can be debated and amended. Bills in New Jersey require three readings for passage in each chamber. Amendments can only be added during the second reading, and the


second and third readings cannot take place on the same day unless an emergency vote of three-fourths of the governing body's members is passed. The New Jersey budget occurs on an annual basis and contains policy and appropriations. Companion budget bills are written and introduced by each chamber following the Governor’s initial budget proposal. Normal committee procedures occur and both bills progress through the legislative process in their respective chambers. Once one of the measures has passed its chamber of origin, it may be substituted for its companion in the second chamber. If further deliberation is needed for the bill, a conference committee may be formed resolve differences. After passage, the final budget is sent to the Governor for approval.


NEW JERSEY S.B. 992 - E-Cigarettes, Smoking Bans

Sponsor: Senator Joseph Vitale (D)

Summary: This measure prohibits the sale of all tobacco products and electronic smoking devices, including any cartridge or other component of an electronic smoking device, at pharmacies located in New Jersey. It states, the owner of a pharmacy that violates this prohibition will be subject to a civil penalty of not less than $250 for a first violation, not less than $500 for a second violation, and $1,000 for a third or subsequent violation, and the pharmacy may be subject to disciplinary action by the Board of Pharmacy. Nothing in the measure is to be construed to prohibit the sale of smoking cessation products approved by the federal Food and Drug Administration.


Status: Introduced; referred to Senate Health, Human Services and Senior Citizens Committee 1/16/2018.

Outlook: This measure is a refile of 2016-2017 S.B. 2135. The measure failed to receive consideration in the Senate.


State Outlook: The Democratic Party controls both chambers of the Legislature and the Governor's Office. New Jersey operates on a biennium and the Legislature meets annually. The legislative session lasts all year, with each two-year term beginning on the second Tuesday in even-numbered years. Bills left pending at the end of a session in an even-numbered year may be carried over to the following session in subsequent odd-numbered year. As the Legislature uses a two-year legislative session, measures may remain dormant for extended periods of time. Upon introduction, a bill is typically referred to a committee. However, the Senate President or Assembly Speaker can send a bill directly to the second reading without committee review to speed up the process. Committees are not required to hear every bill referred to them. While not required for passage, most bills in New Jersey have companions in the opposite chamber with identical text. A bill may be substituted for its companion if that bill has already undergone the


committee process in its chamber of origin. If the measure receives a hearing, members of the public may testify on the bill and legislators may amend the measure. If the bill passes the committee, it is either referred to another committee or reported to the floor for a second reading, where it can be debated and amended. Bills in New Jersey require three readings for passage in each chamber. Amendments can only be added during the second reading, and the second and third readings cannot take place on the same day unless an emergency vote of three-fourths of the governing body's members is passed. The New Jersey budget occurs on an annual basis and contains policy and appropriations. Companion budget bills are written and introduced by each chamber following the Governor’s initial budget proposal. Normal committee procedures occur and both bills progress through the legislative process in their respective chambers. Once one of the measures has passed its chamber of origin, it may be substituted for its companion in the second chamber. If further deliberation is needed for the bill, a conference committee may be formed resolve differences. After passage, the final budget is sent to the Governor for approval.

Effective Date: First day of the 7th month following enactment NEW JERSEY S.B. 1056 - Smoking Bans

Sponsor: Senator Stephen Sweeney (D)

Summary: This measure revises "New Jersey Smoke-Free Air Act" to prohibit smoking at public beaches and parks.

The bill text is not yet available.

Status: Filed 1/16/2018.

Outlook: The sponsor is a member of the majority party. This measure has garnered the support of co-sponsors. The bill text is not yet available.

State Outlook: The Democratic Party controls both chambers of the Legislature and the Governor's Office. New Jersey operates on a biennium and the Legislature meets annually. The legislative session lasts all year, with each two-year term beginning on the second Tuesday in even-numbered years. Bills left pending at the end of a session in an even-numbered year may be carried over to the following session in subsequent odd-numbered year. As the Legislature uses a two-year legislative session, measures may remain dormant for extended periods of time. Upon introduction, a bill is typically referred to a committee. However, the Senate President or Assembly Speaker can send a bill directly to the second reading without committee review to speed up the process. Committees are not required to hear every bill referred to them. While not required for passage, most bills in New Jersey have companions in the opposite chamber with identical text. A bill may be substituted for its companion if that bill has already undergone the committee process in its chamber of origin. If the measure receives a hearing, members of the public may testify on the bill and legislators may amend the measure. If the bill passes the committee, it is either referred to another committee or reported to the floor for a second reading, where it can be debated and amended. Bills in New Jersey require three readings for passage in each chamber. Amendments can only be added during the second reading, and the second and third readings cannot take place on the same day unless an emergency vote of

three-fourths of the governing body's members is passed. The New Jersey budget occurs on an annual basis and contains policy and appropriations. Companion budget bills are written and introduced by each chamber following the Governor’s initial budget proposal. Normal committee procedures occur and both bills progress through the legislative process in their respective chambers. Once one of the measures has passed its chamber of origin, it may be substituted for its companion in the second chamber. If further deliberation is needed for the bill, a conference committee may be formed resolve differences. After passage, the final budget is sent to the Governor for approval.

NEW MEXICO

S.B. 25 - Tobacco Taxes

Sponsor: Senator Howie Morales (D)

Summary: This legislation increases the following taxes on tobacco products:

(a) $0.158 if the cigarettes are packaged in lots of 20 or 25; (b) $0.316 if the cigarettes are packaged in lots of 10; or(c) $0.632 if the cigarettes are packaged in lots of 5.

Defines "tobacco product" as any product, other than cigarettes, made of or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including cigars, chewing tobacco, e-cigarettes, pipe tobacco or snuff; and any component, part or accessory used to consume tobacco but does include any product that has been approved by the United States food and drug administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved use.

Defines "e-cigarette" as any electronic oral device that can be used to provide a vapor or aerosol of nicotine or any other substance to the person inhaling from the device; and includes any such device, or any part thereof, whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe or any other product, name or descriptor.

Sets percentages of distribution for general school fund from revenue garnered from the cigarette tax.

https ://ww w.nml egis. gov/S essio ns/18 %20Re gular /bill s/sen ate/S B0025 .pdf

Status: Prefiled 12/18/2017. Introduced 1/16/2018. Referred to Senate Education Committee 1/18/2018.

Outlook: This measure has been referred to the Senate Education Committee, chaired by Senator William Soules (D). The sponsor of this measure does not serve on the committee of referral.

State Outlook: The Democratic Party controls the House of Representatives and the Senate, while the Republican Party controls the Governor’s Office. During even-numbered years, the Legislature is in session for 30 days, while in odd numbered years, the Legislature yields a 60-

https://www.nmlegis.gov/Sessions/18%20Regular/bills/senate/SB0025.pdf

day session. Legislation moves quickly given the short legislative session. In even-numbered years, the Legislature is limited to dealing with budgetary matters, bills that deal with issues raised by special messages of the Governor and bills vetoed in the previous session by the Governor. Legislation is not eligible for carryover from one session to the next. Only legislators may introduce a bill. Bills may be prefiled a month before session starts or introduced during session. With few exceptions, bills must be introduced by the halfway mark of a session. Upon introduction, a bill is referred to one or more committees. However, committees are not required to hear every bill referred to them. If the measure receives a public hearing, members of the public may testify on the bill and legislators may amend or substitute the measure. If the bill passes the committee, it is reported to the floor for a second reading, where it can be debated and amended. Bills in New Mexico require three readings for final passage in each chamber and may be amended on third reading. Amendments must be germane to the bill. New Mexico’s budget process occurs on an annual basis and only contains appropriations. After the Governor submits a budget to the Legislature, the House Appropriations and Ways and Means Committees and Senate Finance Committee review and consider the budget before sending it to the House and Senate for passage. A simple majority is required to pass a budget in both chambers.

NEW YORK

Legislative News: Governor Andrew Cuomo (D) Proposes Fiscal Year 2019 Budget - E-Cigarettes, Tobacco Taxes

Summary: Governor Andrew Cuomo (D) proposed his budget recommendations.

The Executive Budget imposes an excise tax of 10 cents per fluid milliliter on vapor products at the distributor level, equalizing the tax treatment of tobacco products and the equivalent products used in e-cigarettes, and continuing the State’s objective to reduce the use of tobacco products. To simplify record keeping requirements, distributors will provide customers with an invoice of total product sold in milliliters. (page 20)

The recommendations also change the definition of “wholesale price” to the invoiced price for which a manufacturer or distributor sells tobacco products to a New York State registered tobacco distributor. The current definition of “wholesale price” is the result of litigation and has resulted in revenue losses as it relies on the industry to determine the tax on its own products through a pricing survey. (page 18)

https ://ww w.bud get.n y.gov /pubs /arch ive/f y19/e xec/f y19bo ok/Br iefin gBook .pdf

State Outlook: The Democratic Party controls the Assembly as well as the Governor’s Office, and the Senate is controlled by a coalition of the Republican Party and the Independent Democratic Conference (IDC). The Legislature convenes on the Wednesday after the first Monday in January and usually adjourns towards the end of June; however, members can be called back at any time. When a bill is introduced, it may be referred to a committee. Committees are not required to hear every bill referred to them. However, legislators are permitted to submit requests for consideration that would require the committee to formally vote

https://www.budget.ny.gov/pubs/archive/fy19/exec/fy19book/BriefingBook.pdf

on the measure. New York utilizes companion bills in the opposite chamber that contain identical text to expedite the legislative process. A bill may be substituted for its companion in the opposite chamber if that bill has already undergone the committee process in its chamber of origin, although having a companion is not necessary for passage. Any bill that requires an expenditure of state funds must go to the Assembly Ways and Means Committee or the Senate Finance Committee. When the Speaker of the Assembly and the Senate President both co-sponsor a bill, it is extremely likely to be approved by the Governor.

If the measure receives a public hearing, members of the public may testify on the bill, and legislators may amend or substitute the measure. All meetings are open to the public, although the committee can elect to hold an executive session to discuss measures in private by a simple majority vote. The Senate is permitted to vote on bills during an executive session, but the Assembly is not. Bills are read for the second time after being reported out of committee. After second reading, bills are placed on third reading the following legislative day. Bills in New York require three readings for final passage in each chamber. Bills may be amended on any reading as long as the amendments are germane to the original bill. A common method of killing a bill is to amend it by striking the enacting clause. The Governor has the power to issue a “message of necessity” which allows legislation to forego the three-day aging period and be brought to an immediate vote.

New York’s budget process occurs on an annual basis and contains policy and appropriations. The Governor sends a balanced proposal in the form of various appropriations bills. The proposal and appropriations bills are considered in the Senate Finance Committee and the Assembly Ways and Means Committee, and hearings are held in subcommittees with different jurisdictions over the budget. Once both chambers passed their own respective budget bills, a conference committee is appointed to resolve the differences between the two versions. After passage, the final budget is sent to the Governor for approval. NEW YORK Legislative Proposal: 2019 FY Executive Budget Legislation Article VII - Revenue (REV) Bill - E-Cigarettes

Summary: Impose a Health Tax on Vapor ProductsThe Executive Budget imposes an excise tax of 10 cents per fluid milliliter on vapor products at the distributor level, equalizing the tax treatment of tobacco products and the equivalent products used in e-cigarettes, and continuing the State’s objective to reduce the use of tobacco products. To simplify record keeping requirements, distributors will provide customers with an invoice of total product sold in milliliters.

More specifically, this measure creates a tax on vapor products shall be at a rate of ten cents per fluid milliliter, or part thereof, of the vapor product. All invoices for vapor products issued by distributors and wholesalers must state the amount of vapor product in milliliters.

This measure defines "Vapor product" as any noncombustible liquid or gel, regardless of the presence of nicotine therein, that is manufactured into a finished product for use in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, vaping pen, hookah pen or other similar device. However, "Vapor product" shall not include any product approved by the United States food and drug administration as a drug or medical device, or approved for use pursuant to section three thirty-three hundred sixty-two of the public health law. (page 99)

https ://ww w.bud get.n y.gov /pubs /arch ive/f y19/e xec/f y19ar tVIIs /REVE NUEAr ticle VII.p df

https://www.budget.ny.gov/pubs/archive/fy19/exec/fy19artVIIs/REVENUEArticleVII.pdf

NEW YORK S.B. 1223 - E-Cigarettes

Sponsor: Senator Fred Akshar (R)

Summary: This bill prohibits the distribution or sale of electronic cigarettes to minors, by any person engaged in the business of selling or distributing electronic cigarettes for commercial purposes, or by any agent and or employee. http: //sta telin k.sta tesid e.com /Atta chmen ts/27 8977_ Read Bill - SB 1223 - As Filed .pdf

Status: Introduced; referred to Senate Health Committee 1/6/2017. Hearing held; passed Committee 3/1/2017. Passed Senate; referred to Assembly Health Committee 3/29/2017. Returned to Senate Health Committee 1/3/2018. Hearing held; passed committee 1/9/2018.

Outlook: A meeting was held in the Senate Health Committee. Testimony was allowed by the chair. The bill passed unanimously out of the committee and awaits further consideration in the Senate.

This measure passed the Senate March 29 by a favorable unanimous vote of 60-0.

This measure passed the Senate Health Committee by a favorable vote of 17-0 on March 1.

According to the sponsor, "currently, New York State's public health law does not specifically include electronic cigarettes in the distribution of tobacco products without charge to minors, despite it being illegal to sell electronic cigarettes those under eighteen. Due to this oversight, manufacturers are able to distribute free samples of electronic cigarettes to those under eighteen years of age. Although it can happen anywhere, it's been a particular problem at music festivals and other large events. According to the U.S. Centers for Disease Control Prevention, the use of e-cigarettes has nearly tripled in just one year's time, including an increase in those under eighteen. While electronic cigarettes do not contain tobacco, they contain nicotine which has been proven to be addictive, have negative effects on working memory, cause attention issues, and create cognitive and behavioral impairments on youth."

This measure is a refile of S.B. 6978 from the 2015-2016 Legislative Session. S.B. 6978 was referred to the Senate Health Committee, but failed upon adjournment.

The sponsor is a member of the majority party. This measure has not garnered the support of cosponsors.

State Outlook: The Democratic Party controls the Assembly and the Governor's Office and the Senate is controlled by a coalition that gives the Republican Party control of the chamber. The New York Legislature is composed of a 150-member Assembly and a 63-member Senate. The Independent Democratic Conference (IDC) is a coalition of Independent legislators in the Senate led by Senator Jeffrey Klein (D). One member of the Democratic Party, Senator Simcha Felder (D), regularly caucuses with Senate Republicans. New York's budget will contain policy. Several budget measures will be introduced and Governor Andrew Cuomo (D) will comment on it. The budget will be amended several times and

http://statelink.stateside.com/Attachments/278977_Read%20Bill%20-%20SB%201223%20-%20As%20Filed.pdf

germaneness rules do not apply to it. Measures that earn the co-sponsorship of the Speaker of the House, the President of the Senate or the Governor are known as “three men in the room”.

Companion Bill: 2017 S.B. 1223

Effective Date: Immediately.

NEW YORK S.B. 7335 - E-Cigarettes

Sponsor: Senator David Carlucci (IDC)

Summary: This measure adds a 25 cent tax per milliliter on vapor products, including vapes and e-cigarettes.

http: //sta telin k.sta tesid e.com /Atta chmen ts/-1 _Read Bill - SB 7335 - As File d.pdf

Status: Introduced; referred to Senate Health Committee 1/8/2018.

Outlook: This measure awaits consideration in the Senate Health Committee, chaired by Senator Kemp Hannon (R). The sponsor is not a member of the committe of referral.

According to the sponsor: E-cigarette use is often touted as a safer alternative to using traditional tobacco products or as a method to quit smoking. The truth is that e-cigarettes are harmful to health and not a proven method of cigarette cessation. E-cigarette vapor can contain a variety of dangerous chemicals including cadmium, formaldehyde, diacetyl and benzene. Heavy metals like lead, tin and nickel can be present. It is the nicotine in e-cigarettes that makes using them highly addictive, the same as for traditional cigarettes. E-cigarettes are most commonly used among teenagers and young adults. New York's young people are at serious risk for becoming addicted to these products. In fact, a recent study showed that teens who use e-cigarettes are much more likely to pick up smoking. E-cigarette use among teens doubled between 2014 and 2016. It is time to treat e-cigarettes and other vape products like the addictive tobacco products they mimic so well. That includes taxing them like cigarettes. E-cigarettes are a threat to public health and without action will trap a new generation of New Yorker's in the grips of addiction.

The sponsor is a member of the majority coalition in the Senate and the Independent Democratic Conference Whip.

State Outlook: The Democratic Party controls the Assembly as well as the Governor’s Office, and the Senate is controlled by a coalition of the Republican Party and the Independent Democratic Conference (IDC). The Legislature convenes on the Wednesday after the first Monday in January and usually adjourns towards the end of June; however, members can be called back at any time. When a bill is introduced, it may be referred to a committee. Committees are not required to hear every bill referred to them. However, legislators are permitted to submit requests for consideration that would require the committee to formally vote on the measure. New York utilizes companion bills in the opposite chamber that contain identical text to expedite the legislative process. A bill may be substituted for its companion in the opposite chamber if that bill has already undergone the committee process in its chamber of origin, although having a companion is not necessary for passage. Any bill that requires an expenditure of state funds must go to the Assembly Ways and Means Committee or the Senate Finance Committee. When the Speaker of the Assembly and the Senate President both co-

http://statelink.stateside.com/Attachments/-1_Read%20Bill%20-%20SB%207335%20-%20As%20Filed.pdf

sponsor a bill, it is extremely likely to be approved by the Governor.

If the measure receives a public hearing, members of the public may testify on the bill, and legislators may amend or substitute the measure. All meetings are open to the public, although the committee can elect to hold an executive session to discuss measures in private by a simple majority vote. The Senate is permitted to vote on bills during an executive session, but the Assembly is not. Bills are read for the second time after being reported out of committee. After second reading, bills are placed on third reading the following legislative day. Bills in New York require three readings for final passage in each chamber. Bills may be amended on any reading as long as the amendments are germane to the original bill. A common method of killing a bill is to amend it by striking the enacting clause. The Governor has the power to issue a “message of necessity” which allows legislation to forego the three-day aging period and be brought to an immediate vote.

New York’s budget process occurs on an annual basis and contains policy and appropriations. The Governor sends a balanced proposal in the form of various appropriations bills. The proposal and appropriations bills are considered in the Senate Finance Committee and the Assembly Ways and Means Committee, and hearings are held in subcommittees with different jurisdictions over the budget. Once both chambers passed their own respective budget bills, a conference committee is appointed to resolve the differences between the two versions. After passage, the final budget is sent to the Governor for approval.

NORTH CAROLINA

Nothing to report.

NORTH DAKOTA

Nothing to report.

OHIO

Nothing to report.

OKLAHOMA

H.B. 2541 - Smoking Bans

Sponsor: Representative Rick West (R)

Summary: This measure establishes smoking will be permitted at institutions and facilities under the jurisdiction and control of the Department of Corrections. It states, on or after November 1, 2018, the Department of Corrections may establish outdoor designated smoking areas for inmates who have been sentenced to the care and custody of the Department of Corrections. The measure requires smoking must only be allowed in outdoor designated smoking areas.

http: //web serve r1.ls b.sta te.ok .us/c f_pdf /2017 -18%2 0INT/ hB/HB 2541% 20INT .PDF


http://webserver1.lsb.state.ok.us/cf_pdf/2017-18%20INT/hB/HB2541%20INT.PDF

Outlook: The sponsor is a member of the majority party. This measure has not garnered the support of co-sponsors.

This measure has been prefiled for the 2018 Legislative Session, which is expected to convene February 5, 2018.

State Outlook: The Republican Party controls both the House of Representatives and the Senate, as well as the Governor’s Office. The Oklahoma legislature lasts two years, beginning in odd-numbered years. Regular sessions convene on the first Monday in February of each year and adjourn on the last Friday in May. Bills left pending at the end of session in an odd-numbered year may be carried over to the following session in the subsequent even-numbered year.

At the beginning of session, the House frequently uses shell bill. Shell bills have little or no substantive language and serve as a placeholder for legislative proposals to be amended into the measure at a later date. Shell bills are generally assigned to the Rules Committee and cannot be heard in a policy committee until substantive language is added as a committee substitute. All bills in Oklahoma are referred to a committee upon their second reading. Committees are not required to hear every bill referred to them. Once a report is made by the committee, the bill is debated by the whole chamber and given a deciding vote upon its third reading. Bills in Oklahoma require three readings for final passage in each chamber. The Oklahoma budget occurs on an annual basis and only contains appropriations. The Governor proposes an executive budget on the first day of each legislative session, which the Legislature considers when developing its own independent budget. Between February and late-April, the House and Senate Appropriations Committees meet to review each agency’s budget requests. In May, the Committees determine the budgets for the following year and pass a general appropriations bill. According to the Oklahoma Constitution, no revenue bill may be passed during the last five days of the legislative session. Additionally, revenue bills cannot become law without a three-fourths vote of the Legislature.

Effective Date: November 1, 2018

OKLAHOMA H.B. 2969 - Smoking Bans

Sponsor: Representative Avery Frix (R)

Summary: This measure prohibits smoking within fifty feet of entrance or exit of a state building.

http: //web serve r1.ls b.sta te.ok .us/c f_pdf /2017 -18%2 0INT/ hB/HB 2969% 20INT .PDF

Status: Prefiled 1/17/2018.

Outlook: The sponsor is a member of the majority party. This measure has garnered the support of co-sponsors.

This measure has been prefiled for the 2018 Legislative Session, which is expected to convene February 5, 2018.

http://webserver1.lsb.state.ok.us/cf_pdf/2017-18%20INT/hB/HB2969%20INT.PDF

State Outlook: The Republican Party controls both the House of Representatives and the Senate, as well as the Governor’s Office. The Oklahoma legislature lasts two years, beginning in odd-numbered years. Regular sessions convene on the first Monday in February of each year and adjourn on the last Friday in May. Bills left pending at the end of session in an odd-numbered year may be carried over to the following session in the subsequent even-numbered year.

At the beginning of session, the House frequently uses shell bill. Shell bills have little or no substantive language and serve as a placeholder for legislative proposals to be amended into the measure at a later date. Shell bills are generally assigned to the Rules Committee and cannot be heard in a policy committee until substantive language is added as a committee substitute. All bills in Oklahoma are referred to a committee upon their second reading. Committees are not required to hear every bill referred to them. Once a report is made by the committee, the bill is debated by the whole chamber and given a deciding vote upon its third reading. Bills in Oklahoma require three readings for final passage in each chamber. The Oklahoma budget occurs on an annual basis and only contains appropriations. The Governor proposes an executive budget on the first day of each legislative session, which the Legislature considers when developing its own independent budget. Between February and late-April, the House and Senate Appropriations Committees meet to review each agency’s budget requests. In May, the Committees determine the budgets for the following year and pass a general appropriations bill. According to the Oklahoma Constitution, no revenue bill may be passed during the last five days of the legislative session. Additionally, revenue bills cannot become law without a three-fourths vote of the Legislature.

Effective Date: November 1, 2018

OREGON

Nothing to report.

PENNSYLVANIA

Nothing to report.

RHODE ISLAND

Nothing to report.

SOUTH CAROLINA

Nothing to report

SOUTH DAKOTA

Nothing to report.

TENNESSEE

H.B. 1706 - Tobacco Age Restrictions

Sponsor: Representative Darren Jernigan (D)

Summary: This measure increases the age restrictions for tobacco and vapor related products from 18 years of age to 19 years of age.

http: //www .capi tol.t n.gov /Bill s/110 /Bill /HB17 06.pd f


State Outlook: The Republican Party controls the House of Representatives and the Senate, as well as the Governor’s Office. The Legislature meets for two-year terms that are limited to 90 legislative days, with an organizational session lasting no more than 15 days at the beginning of a term. Legislation is eligible for carryover from one session to the next. There are no more than three legislative days per week a week during session. Legislative sessions in both the House and Senate occur on Mondays, Wednesdays and Thursdays. Tuesdays and most Wednesdays are used primarily for committee meetings and hearings.

Upon introduction, a bill may be referred to a committee and subcommittee. Committees are not required to hear every bill referred to them. Hearings are typically placed on the agenda at least a week before the meeting. If the measure receives a public hearing, members of the public may testify on the bill and legislators may amend or substitute the measure. The Committee considers the subcommittee’s recommendations and then votes on how to report the bill.

If the bill passes the committee, it is reported to the floor for a second reading, where it can be debated and amended. Tennessee does not have germaneness provisions in either chamber. If there are differences between the House and Senate versions of the bill, a conference committee is appointed to resolve differences. If the report is passed by the committee, it goes back to the House and Senate for final approval. After the report passes both chambers, the final bill is sent to the Governor for action.

Tennessee’s budget process occurs on an annual basis and only contains appropriations. The Governor’s budget is referred to the Finance Ways and Means Committee in each chamber as companion bills. Each chamber then works to pass the exact same piece of legislation. After final passage in both chambers, the bill goes to the Governor for action.

Companion Bill: 2018 S.B. 1636

Effective Date: July 1, 2018 TENNESSEE S.B. 1636 - Tobacco Age Restrictions

Sponsor: Senator Jeff Yarbro (D)

Summary: This measure increases the age restrictions for tobacco and vapor related products from 18 years of age to 19 years of age.

http: //www .capi tol.t n.gov /Bill s/110 /Bill /SB16 36.pd f


http://www.capitol.tn.gov/Bills/110/Bill/SB1636.pdf

http://www.capitol.tn.gov/Bills/110/Bill/HB1706.pdf

State Outlook: The Republican Party controls the House of Representatives and the Senate, as well as the Governor’s Office. The Legislature meets for two-year terms that are limited to 90 legislative days, with an organizational session lasting no more than 15 days at the beginning of a term. Legislation is eligible for carryover from one session to the next. There are no more than three legislative days per week a week during session. Legislative sessions in both the House and Senate occur on Mondays, Wednesdays and Thursdays. Tuesdays and most Wednesdays are used primarily for committee meetings and hearings.

Upon introduction, a bill may be referred to a committee and subcommittee. Committees are not required to hear every bill referred to them. Hearings are typically placed on the agenda at least a week before the meeting. If the measure receives a public hearing, members of the public may testify on the bill and legislators may amend or substitute the measure. The Committee considers the subcommittee’s recommendations and then votes on how to report the bill.

If the bill passes the committee, it is reported to the floor for a second reading, where it can be debated and amended. Tennessee does not have germaneness provisions in either chamber. If there are differences between the House and Senate versions of the bill, a conference committee is appointed to resolve differences. If the report is passed by the committee, it goes back to the House and Senate for final approval. After the report passes both chambers, the final bill is sent to the Governor for action.

Tennessee’s budget process occurs on an annual basis and only contains appropriations. The Governor’s budget is referred to the Finance Ways and Means Committee in each chamber as companion bills. Each chamber then works to pass the exact same piece of legislation. After final passage in both chambers, the bill goes to the Governor for action.


TEXAS

Nothing to report

UTAH

H.B. 155 - Smoking Bans

Sponsor: Representative Bruce Cutler (R)

Summary: This measure prohibits smoking and the use of tobacco at the capitol hill complex. This measure permits the State Capitol Preservation Board to designate an area at the capitol hill complex for smoking and the use of tobacco. The measure establishes a person who violates this measure is guilty of an infraction and is subject to a maximum fine of $45.

"Capitol hill complex" means the grounds, monuments, parking areas, buildings, including the capitol, and other man-made and natural objects within the area bounded by 300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard, and includes:

(a) The White Community Memorial Chapel and its grounds and parking areas, and the Council

Hall Travel Information Center building and its grounds and parking areas.

(b) The Daughters of the Utah Pioneers building and its grounds and parking areas and other state-owned property included within the area bounded by Columbus Street, North MainStreet, and Apricot Avenue.

(c) The state-owned property included within the area bounded by Columbus Street, Wall Street, and 400 North Street.

(d) The state-owned property included within the area bounded by Columbus Street, West Capitol Street, and 500 North Street.

"Cigarette" means a roll for smoking made wholly or in part of tobacco regardless of the size of the roll, the shape of the roll, or whether the tobacco is flavored, adulterated, or mixed with any other ingredient. Also, if the wrapper or cover of the roll is made of paper or any other substance or material except tobacco.

"Electronic cigarette" means an electronic device used to deliver or capable of delivering vapor containing nicotine to an individual's respiratory system, a component of the device, or an accessory sold in the same package as the device.

"Smoking" means the possession of any lighted or heated tobacco product in any form, inhaling, exhaling, burning, or heating a substance containing tobacco or nicotine intended for inhalation through a cigar, cigarette, pipe, or hookah, and using an oral smoking device intended to circumvent the prohibition of smoking.

"Tobacco" does not include a cessation product specifically approved by the United States Food and Drug Administration for the cessation of tobacco use.

https ://le .utah .gov/ ~2018 /bill s/hbi llint /HB01 55.pd f


Outlook: The sponsor is a member of the majority party. This measure has not garnered the support of co-sponsors.

This measure has been prefiled for the 2018 Legislative Session, which is expected to convene January 22, 2018.

State Outlook: The Republican Party controls both the House of Representatives and the Senate, as well as the Governor’s Office. The legislative session lasts 60 days, so measures move quickly. Legislation is not eligible for carryover between sessions.

Upon introduction, a bill is referred to a committee. However, committees are required to hear every bill referred to them. By rule, public hearings must be announced at least 24 hours before the meeting. During a public hearing, members of the public may testify on the bill and legislators may amend or substitute the measure. Substitutes and amendments must be germane to the bill. If the bill passes the committee, it is reported to the floor for a second reading, where it can be debated and amended. Bills in Utah require three readings for final passage in each chamber. In Utah, bills are required to have a floor sponsor for introduction in the opposite chamber. The original sponsor must designate a floor sponsor before the bill is

https://le.utah.gov/~2018/bills/hbillint/HB0155.pdf

transferred to the second chamber. If there are differences between the House and Senate versions of the bill, a conference committee is appointed to resolve differences. Members of the conference committees are appointed by the Speaker of the House and Senate President. The number of members appointed varies by measure. If the report is passed by the committee, it goes back to the House and Senate for final approval. After the report passes both chambers, the final bill is sent to the Governor for action. The Utah budget process occurs on an annual basis and only contains appropriations. The Governor’s recommended budget is heard in the Joint Appropriations Committee. In January and February, the Joint Appropriations subcommittees hold hearings and review recommendations from the Legislative Fiscal Analyst to prepare a report for the Executive Appropriations Committee, which makes final decisions to balance the budget. After the bill moves out of the Appropriations Committee, the Legislature debates the bill and votes on final passage. After passage, the final budget is sent to the Governor for approval. The budget is made up of multiple bills, including the base budget, which funds state agencies with the same budget as the current fiscal year but with one-time funding removed, as well as the new fiscal year supplemental, which adds to and takes away from the base budget. The Appropriations Adjustments funds each bill passed with a fiscal note and is typically the last bill passed.

Effective Date: 60 days after enactment

VERMONT

Nothing to report

VIRGINIA


Sponsor: Delegate Emily Brewer (R)

Summary: This measure states that for localities that impose a local cigarette tax and require stamps as evidence of payment, such localities shall provide a refund for returned stamps only if such stamps are in an undamaged and usable condition

https ://li s.vir ginia .gov/ cgi-b in/le gp604 .exe? 181+f ul+HB 526+p df

Status: Prefiled; referred to House Finance Committee 1/8/2018. Introduced 1/10/2018. Assigned to House Finance Sub-Committee: Subcommittee #2 1/16/2018. Hearing cancelled 1/17/2018.

Outlook: This measure was supposed to be heard in the House Finance Committee Subcommittee #2, however the hearing was cancelled. A subsequent hearing has not yet been scheduled.

This measure was referred to the House Finance Committee, chaired by Delegate Lee Ware (R).


State Outlook: The Republican Party controls the House of Delegates and the Senate, while

https://lis.virginia.gov/cgi-bin/legp604.exe?181+ful+HB526+pdf

the Democratic Party controls the Governor’s Office. Virginia has a two-year legislative cycle that begins in even numbered years. The General Assembly convenes annually on the second Wednesday in January. Regular sessions are limited to 60 days in even-numbered and 45 days in odd-numbered years. Bills left pending at the end of a session in an even-numbered year may be carried over to the following session in subsequent odd-numbered year. All bills considered for carryover must have been in a committee at the time of sine die and addressed and passed by the committee by December 1. If a bill passes the committee before the December 1 deadline, it will go to the floor when the session starts again.

Upon introduction, a bill may be referred to a committee. The chair may refer measures to subcommittees for consideration. House subcommittees have the authority to kill bills. If a bill receives a hearing, members of the public may testify on the measure and legislators can amend the bill. Amendments can be proposed on the floor. Amendments must be germane to the original bill. Bills in Virginia require three readings before final passage in both chambers. Bills on third reading are not open to amendments, but the Senate can override this rule with a unanimous motion to do so. If there are differences between the House and Senate versions of the bill, a conference committee is appointed to resolve differences. If the report is passed, it goes back to the House and Senate for final approval. After the report passes both chambers, the final bill is then sent to the Governor for action.

Virginia’s budget process occurs on a biennial basis. There is also a supplemental budget passed during the second session. The Governor’s proposal is referred to the Senate Finance Committee and the House Appropriations Committee. Once both chambers have passed the budget bill, a conference committee is appointed to resolve the differences between the two measures. The Conference Committee drafts a final version for approval in both chambers. After passage, the final budget is sent to the Governor for approval.

VIRGINIA H.B. 794 - Smoking Bans

Sponsor: Delegate Patrick Hope (D)

Summary: This measure prohibits smoking in any building owned or leased by the Commonwealth or any agency thereof or any locality.


Status: Prefiled 1/9/2018. Introduced 1/10/2018.

Outlook: This measure was formally introduced and awaits committee referral.


State Outlook: The Republican Party controls the House of Delegates and the Senate, while the Democratic Party controls the Governor’s Office. Virginia has a two-year legislative cycle that begins in even numbered years. The General Assembly convenes annually on the second Wednesday in January. Regular sessions are limited to 60 days in even-numbered and 45 days in odd-numbered years. Bills left pending at the end of a session in an even-numbered year may be carried over to the following session in subsequent odd-numbered year. All bills considered for carryover must have been in a committee at the time of sine die and addressed and passed by the committee by December 1. If a bill passes the committee before the December 1 deadline, it will go to the floor when the session starts again.




VIRGINIA H.B. 920 - Exotic Materials

Sponsor: Delegate Alfonso Lopez (D)

Summary: This measure prohibits the sale in Virginia of any item known to be made with the parts of any of 16 listed endangered, threatened, or extinct animals. The bill provides exceptions for certain documented antiques, musical instruments, knives, firearms, and other items. The bill provides that a violation of the prohibition is punishable as a Class 1 misdemeanor and requires that the violator pay a civil penalty of as much as $6,500 or an amount equal to four times the fair market value of the item that is the subject of the violation, whichever is greater. Civil penalties will be deposited in the Game Protection Fund.

More specifically, this measure states that no person in Virginia shall purchase from, sell to, offer for sale to, or possess with intent to sell to another person in Virginia any item that the person knows or should know contains or is made of, wholly or partially, an animal part or by-product that is derived from any species of elephant, rhinoceros, whale, tiger, lion, leopard, cheetah, jaguar, pangolin, sea turtle, shark, ray, mammoth, narwhal, walrus, or hippopotamus that is extinct or appears on any list of threatened or endangered species published by the U.S. Secretary of the Interior pursuant to the provisions of the federal Endangered Species Act of 1973.


Status: Prefiled 1/9/2018. Introduced 1/10/2018.

Outlook: This measure was formally introduced and awaits committee referral.


State Outlook: The Republican Party controls the House of Delegates and the Senate, while the Democratic Party controls the Governor’s Office. Virginia has a two-year legislative cycle


that begins in even numbered years. The General Assembly convenes annually on the second Wednesday in January. Regular sessions are limited to 60 days in even-numbered and 45 days in odd-numbered years. Bills left pending at the end of a session in an even-numbered year may be carried over to the following session in subsequent odd-numbered year. All bills considered for carryover must have been in a committee at the time of sine die and addressed and passed by the committee by December 1. If a bill passes the committee before the December 1 deadline, it will go to the floor when the session starts again.



VIRGINIA S.B. 303 - E-Cigarettes, Smoking Bans

Sponsor: Senator Dave Marsden (D)

Summary: This measure requires each school board to:1) develop and implement a policy to prohibit the use of tobacco products and nicotine vapor products on a school bus, on school property, or at a school-sponsored activity and2) include in its code of student conduct a prohibition against possessing tobacco products or nicotine vapor products on a school bus, on school property, or at a school-sponsored activity.

https ://li s.vir ginia .gov/ cgi-b in/le gp604 .exe? 181+f ul+SB 303+p df

Status: Prefiled 1/8/2018. Introduced; referred to Senate Education and Health Committee 1/10/2018. Assigned Senate Education and Health Sub-Committee: Public Education 1/17/2018. Hearing held 1/18/2018.

Outlook: The measure was on the docket to be heard in the Senate Education and Health Sub-Committee: Public Education, however no votes or amendments were reported. The measure awaits further consideration from the committee during a subsequent hearing.


State Outlook: The Republican Party controls the House of Delegates and the Senate, while the Democratic Party controls the Governor’s Office. Virginia has a two-year legislative cycle

https://lis.virginia.gov/cgi-bin/legp604.exe?181+ful+SB303+pdf

that begins in even numbered years. The General Assembly convenes annually on the second Wednesday in January. Regular sessions are limited to 60 days in even-numbered and 45 days in odd-numbered years. Bills left pending at the end of a session in an even-numbered year may be carried over to the following session in subsequent odd-numbered year. All bills considered for carryover must have been in a committee at the time of sine die and addressed and passed by the committee by December 1. If a bill passes the committee before the December 1 deadline, it will go to the floor when the session starts again.



VIRGINIA S.B. 510 - Tobacco Taxes

Sponsor: Senator Charles Carrico (R)

Summary: This measure authorizes the board of supervisors of any county to levy a tax on the sale or use of cigarettes if approved in a referendum. If approved, the tax shall not exceed $0.05 or the amount levied under state law, whichever is greater.

https ://li s.vir ginia .gov/ cgi-b in/le gp604 .exe? 181+f ul+SB 510+p df

Status: Prefiled 1/9/2018. Introduced; referred to Senate Finance Committee 1/10/2018. Hearing held; continued to 2019 legislative session 1/17/2018.

Outlook: The measure was heard in the Senate Finance Committee where it was continued to 2019 by a 14-1 vote. This is an action taken in an even-numbered year to postpone the consideration of a measure until the next regular session of the General Assembly. This measure awaits further consideration in the 2019 legislative session.

The sponsor is a member of the committee of referral.


State Outlook: The Republican Party controls the House of Delegates and the Senate, while the Democratic Party controls the Governor’s Office. Virginia has a two-year legislative cycle that begins in even numbered years. The General Assembly convenes annually on the second

https://lis.virginia.gov/cgi-bin/legp604.exe?181+ful+SB510+pdf

Wednesday in January. Regular sessions are limited to 60 days in even-numbered and 45 days in odd-numbered years. Bills left pending at the end of a session in an even-numbered year may be carried over to the following session in subsequent odd-numbered year. All bills considered for carryover must have been in a committee at the time of sine die and addressed and passed by the committee by December 1. If a bill passes the committee before the December 1 deadline, it will go to the floor when the session starts again.



WASHINGTON

S.B. 6048 - Tobacco Age Restrictions

Sponsor: Senator Patty Kuderer (D)

Summary: This measure increases the minimum legal age of sale of tobacco and vapor products.

More specifically, this measure states that a person who sells or gives, or permits to be sold or given, to any person under the age of twenty-one years any cigar, cigarette, cigarette paper or wrapper, tobacco in any form, or a vapor product is guilty of a gross misdemeanor.

http: //law files ext.l eg.wa .gov/ bienn ium/2 017-1 8/Pdf /Bill s/Sen ate%2 0Bill s/604 8.pdf

Status: Prefiled 12/22/2017. Introduced; referred to Senate Health and Long Term Care Committee 1/8/2018.

Outlook: This measure awaits consideration in the Senate Health and Long Term Care Committee, chaired by Senator Annette Cleveland (D). The sponsor is the vice chair of the committee of referral.

The sponsor of this measure is a member of the majority party.

State Outlook: The Democratic Party controls the House of Representatives, the Senate, and the Governor’s Office in Washington. Regular sessions are limited to 105 days during odd-

http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Senate%20Bills/6048.pdf

numbered years and 60 days during even-numbered years. Bills left pending at the end of a session in an odd-numbered year may be carried over to the next legislative session. The Governor and the Legislature can call for a special session, which may last up to 30 days and during which any bill can be considered.

Upon introduction, a bill may be referred to a committee, though committees are not required to hear every bill referred to them. There are three types of committee meetings: work sessions, public hearings, and executive sessions. Committees discuss bills during work sessions, receive public testimony during public hearings, and typically vote on a measure during an executive session. A measure may have a work session, public hearing, and executive session during the same meeting. If passed, a bill is referred to the Rules committee, which then determines if the bill is placed on the calendar. After certain cut-off dates, the Senate Rules Committee may place bills no longer eligible for consideration in the “X” File. Measures on the X-File usually remain in the X-File until the end of the biennium.

Amendments can be made in committee or on the floor, but they must be germane to the original bill. Budget bills functionally are exempt from this rule, however, due to the broad nature of the bills. When all amendments have been considered and debate is over, the bill is engrossed and moves to third reading, at which point they cannot be amended. If there are differences between the House and Senate versions of the bill, a conference committee is appointed to resolve differences. If a report is passed by the committee, it goes back to the House and Senate for final approval. After the report passes both chambers, the final bill is sent to the Governor for action.

Effective Date: 90 days after adjournment.

WEST VIRGINIA

Nothing to report.

WISCONSIN

A.B. 752 - Retail Licensing

Sponsor: Representative Joan Ballweg (R)

Summary: The measure provides that forms for cigarette and tobacco products retailer licenses are not required to be notarized. Under this measure, the municipality, and any form used as an application for a cigarette and tobacco products retailer license, may not require the applicant's signature to be notarized. Under the measure, a person who knowingly provides materially false information in an application may be subject to a forfeiture of up to $1,000.

https ://do cs.le gis.w iscon sin.g ov/20 17/re lated /prop osals /ab75 2.pdf

Status: Introduced; referred to Assembly Committee on Local Government 12/19/2017. Hearing held 1/10/2018. Hearing held; passed committee 1/17/2018.

Outlook: This measure was heard January 17. A vote was held and the measure passed unanimously from committee. The measure awaits further consideration before the full Assembly.

The measure was heard in the Assembly Committee on Local Government on January 10. No

https://docs.legis.wisconsin.gov/2017/related/proposals/ab752.pdf

votes were taken nor amendments adopted were reported. During the hearing, the sponsor stated that the measure would simplify the alcohol permitting process for businesses.


State Outlook: The Republican Party controls both chambers of the Legislature and the Governor’s Office. The Legislature operates in a biennium. Sessions begin in January of odd-numbered years, then reconvene the following January for the second year. The odd-numbered year of a regular session lasts the entire year, while the even-numbered year's length varies, as session lengths are not mandated. Bills left pending at the end of a session in an odd-numbered year may be carried over to the following session in subsequent even-numbered year.

Upon introduction, a bill is referred to a committee. However, committees are not required to hear every bill referred to them. If the measure receives a hearing, members of the public may testify on the bill and legislators may amend or substitute the measure. The committee votes to report the bill during executive sessions. If passed, the measure is referred to the Rules Committee to determine if it will be considered by the entire body. Once added to the calendar, the bill receives a second reading, where any amendments will be voted on and debate over the bill takes place. Wisconsin uses several “floor periods” to vote on bills on the floor, with committee work taking place throughout session. Bills in Wisconsin require three readings for final passage in both chambers. If there are differences between the House and Senate versions of the bill, a conference committee is appointed to resolve differences. Members of the conference committees are appointed by the Speaker of the House and Senate President. The number of members appointed varies by measure. If the report is passed by the committee, it goes back to the House and Senate for final approval. After the report passes both chambers, the final bill is sent to the Governor for action.

The Wisconsin budget process occurs on an annual basis and contains policy and appropriations. A budget bill is drafted by the Governor and presented to the Joint Finance Committee. Multiple hearings in the Joint Finance Committee occur to amend the measure. Once passed by the Joint Finance Committee, each chamber considers the measure on their respective chamber floors for further debate and deliberation. After passage, the final budget is sent to the Governor for approval.


WYOMING

Nothing to report.

WASHINGTON, D.C.

Nothing to report.

FEDERAL

Nothing to report.

Documents

… · Web viewInternational Premium Cigar & Pipe Retailers Association. Weekly Legislation Report. January . 8-22, 201. 8. The following legislative activity occurred in the