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International Premium Cigar & Pipe Retailers Association Weekly Legislation Report May 29 – June 5, 2017 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 Nothing to report. ALASKA Nothing to report. ARIZONA Nothing to report ARKANSAS Nothing to report. CALIFORNIA A.B. 62 - Smoking Bans Sponsor: Assemblymember Jim Wood (D) Summary: Current version (5/1/2017): This measure would require all public housing agencies to implement a policy prohibiting the smoking of tobacco products in all public housing living units, interior areas, and outdoor areas within 25 feet of public housing and administrative buildings, except in designated smoking areas, by July 30, 2018. The measure would exempt dwelling units in a mixed-finance project from these provisions. The measure would encourage those public housing agencies to adopt a graduated enforcement framework for their smoke-free policies. By increasing the duties of local public housing agencies, this measure would impose a state-mandated local program.

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Page 1:  · Web viewInternational Premium Cigar & Pipe Retailers Association Weekly Legislation Report May 2 9 – June 5, 2017 The following legislative activity occurred in the preceding

International Premium Cigar & Pipe Retailers AssociationWeekly Legislation Report

May 29 – June 5, 2017

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

Nothing to report.

ALASKA

Nothing to report.

ARIZONA

Nothing to report

ARKANSAS

Nothing to report.

CALIFORNIA

A.B.  62  -  Smoking Bans 

Sponsor: Assemblymember Jim Wood (D)

Summary: Current version (5/1/2017):   This measure would require all public housing agencies to implement a policy prohibiting the smoking of tobacco products in all public housing living units, interior areas, and outdoor areas within 25 feet of public housing and administrative buildings, except in designated smoking areas, by July 30, 2018. The measure would exempt dwelling units in a mixed-finance project from these provisions. The measure would encourage those public housing agencies to adopt a graduated enforcement framework for their smoke-free policies. By increasing the duties of local public housing agencies, this measure would impose a state-mandated local program.

Defines “public housing” as low-income housing, and all necessary appurtenances (e.g., community facilities, laundry rooms, and public housing offices), assisted under the United States Housing Act of 1937, other than assistance under Section 8 of the Act. Public housing does not include any privately owned housing that is assisted under any federal, state, or local program, or housing not owned by a PHA.

Defines “Public Housing Agency” (PHA) as any state, county, municipality, or other government entity or body that is authorized to engage or assist in the development or operation of low-income housing under the United States Housing Act of 1937.

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Defines “smoke” and “smoking” as inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking

Defines “tobacco product” as any of the following:a) A product containing, made, 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, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff;b) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah; andc) Any component, part, or accessory of a tobacco product, whether or not sold separately.

Current version (5/1/2017): http: //sta telin k.sta tesid e.com /Atta chmen ts/27 5128_ 20170 AB62_ - 96.pd f

Amended version (3/27/2017): http: //sta telin k.sta tesid e.com /Atta chmen ts/27 5128_ 20170 AB62_ - 97.pd f

Amended version (2/7/2017): http: //sta telin k.sta tesid e.com /Atta chmen ts/27 5128_ 20170 AB62_ - 98.pd f

Introduced version (12/9/2017): http: //sta telin k.sta tesid e.com /Atta chmen ts/-1 _2017 0AB62 _99 ( - 1).pd f

Provision Outlook:  Existing federal law requires all public housing agencies, as defined, to implement a policy prohibiting the use of tobacco products in all public housing living units, interior areas, and outdoor areas within 25 feet of public housing and administrative office buildings, except in designated smoking areas, by July 30, 2018.

Status: Introduced 12/9/2016. Referred to Assembly Housing and Community Development Committee 1/19/2017. Amended 2/7/2017.Amended 3/27/2017.  Hearing postponed 4/5/2017.  Hearing postponed 4/19/2017.  Hearing held; amended; passed Committee; re-referred to Assembly Appropriations Committee 4/26/2017. Amended 5/1/2017.   Hearing canceled 5/17/2017.  Hearing held; passed Committee 5/24/2017. Passed Assembly 5/30/2017.

Outlook:  This measure favorably passed on the Assembly Floor May 30 by a majority vote of 48-21 and now awaits committee assignment by the Senate Rules Committee.

During the May 24 hearing, the Assembly Appropriations Committee favorably passed the measure by a vote of 11-5.

The  May 17 hearing was canceled at the author's request.

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The amendment text from the April 26 Committee hearing was released May 1.

During the April 26  public hearing, the  Assembly Housing and Community Development Committee favorably passed this measure with amendments by a majority vote of 7-0. The proposed amendments require public house agencies (PHAs) to refer residents to any available and accessible smoking cessation options before engaging in an adverse action against the resident based on a violation of the non-smoking policy. The amendments also remove the reference to "tenant eviction" in the bill and make technical, conforming changes. 

Proponents, including the American Lung Foundation and the American Heart Foundation, support this bill because cigarette smoking remains the leading cause of preventable morbidity and premature death in the United States. Secondhand smoke produces adverse effects on heart function. Estimates are that exposure to secondhand smoke causes nearly 34,000 premature deaths from heart disease and more than 8,000 deaths from strokes annually. Long term exposure to secondhand smoke, such as that occurring in the home, is associated with a 25% to 30% increase in risk for coronary heart disease in adult nonsmokers and leads to numerous other adverse health consequences. This bill will reduce the consumption of tobacco and protect residents from the harm caused by secondhand smoke. Every resident deserves a smoke-free home because there is no safe level of exposure to secondhand smoke. The CDC found that nationally two out of every five children living in public housing are exposed to secondhand smoke. This exposure has been a proven contributor to higher rates of ear infections, asthma, coughs and colds, tooth decay, headaches, sore throats, eye irritation, hoarseness, and respiratory problems like bronchitis and pneumonia. The California legislature took the important step to include electronic cigarettes in all smokefree laws. This bill would include electronic cigarettes in the HUD smoke-free requirements, maintaining consistency across smoke-free policies in California. 

Opponents, including the Western Center on Law and Poverty and the California Rural Legal Assistance Foundation, oppose this bill in its current form because of its inclusion of electronic cigarettes. Including electronic cigarettes will increase the risk of eviction and therefore homelessness for public housing residents. They believe the public health gains from this bill will be offset by this increased risk of mortality for tenants evicted under this anti-smoking policy. Homeless individuals are 4.5 times more likely to die prematurely compared to housed individuals. Smokers are 3 times more likely to die prematurely compared to nonsmokers, making homelessness 50% more deadly than smoking. Opponents also believe that it is unnecessary to prescribe in state law a prohibition on smoking in public housing that is already more fully addressed under federal law. The federal rule does not include electronic cigarettes because there is a lack of consensus on their health effects, they do not significantly increase fire risks, and there is no conclusive evidence that vapors emitted from them cause damage to the units themselves. The opponents do not believe that the recent amendments encouraging PHAs to adopt a graduated enforcement framework is sufficient to prevent homelessness. They request that the bill be amended to bar adverse actions, including eviction, against public housing residents who use tobacco products. 

Registered support for this measure includes: American Academy of Pediatrics, American Cancer Society Cancer Action Network, American Heart Association/American Stroke

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Association, American Lung Association in California, Association of California Healthcare Districts, Breathe California, CaliforniaHealth+ Advocates, California Public Health Association-North, City of Santa Monica County Health Executives Association of California, Health Officers Association of California, March of Dimes, Silicon Valley Leadership Group, Sonoma County Board of Supervisors, and Tobacco Education and Research Oversight Committee.

Registered opposition for this measure includes: American Civil Liberties Union of California, California NORML, California Rural Legal Assistance Foundation, Central California Legal Services, Greenbridge Corporate Counsel, Homeless Action Center, Law Foundation of Silicon Valley, Legal Aid Foundation of Los Angeles and San Diego, Legal Services of Northern California, National Housing Law Project, San Diego Volunteer Lawyer Program Inc., and Western Center on Law and Poverty. 

The April 19 hearing was postponed.

This measure was scheduled to be heard in Committee April 5.

This measure was amended March 27 and re-referred to the Assembly Housing and Community Development Committee.

This measure was amended February 7 and re-referred to the Assembly Housing and Community Development Committee. The sponsor is a member of the majority party. This measure has not yet garnered the support of co-sponsors. 

State Outlook:  The Democratic Party controls both legislative chambers and the Governor’s Office.

The Assembly Moderate Caucus is an unofficial group of centrist Democrats. Group members typically align with Assembly Democrats on social issues but may depart on economic issues such as environment and labor. Historically, the group has been composed of 10 members but membership changes based upon which issues are for debate.

Pursuant to recently adopted Proposition 54, the final version of bills must be online for 72 hours before a final vote in both chambers and video of all legislative hearings must on the Internet within 24 hours.

There are also two types of committees: policy committees and fiscal committees. Measures are sent to a policy committee for a policy change. Measures that could have a fiscal impact are sent to a fiscal committee for review of the measure’s fiscal impact.

Effective Date: January 1, 2018

A.B.  725  -  Smoking Bans 

Sponsor: Assemblymember Marc Levine (D)

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Summary: 

This measure prohibits smoking, or disposing of used cigarette waste, on a state beach or in a state park.

Specifically, this measure:1) Prohibits a person from smoking on a state coastal beach or in a unit of the state park system. The prohibition applies to cigars or cigarettes containing tobacco or any other weed or plant used as an alternative or supplement to tobacco or nicotine, and also includes electronic and vapor cigarettes.2) Prohibits a person from disposing of used cigar or cigarette waste on a state coastal beach or in a state park unit.3) Makes a violation of this bill an infraction, punishable by a fine of up to $250.4) Requires the Department of Parks and Recreation (DPR) to post signs providing notice of the smoking prohibition. Provides that the smoking prohibition shall be enforced on state coastal beaches and in state park units only after signs have been posted.

http: //sta telin k.sta tesid e.com /Atta chmen ts/-1 _2017 0AB72 5_99. pdf

Status: Introduced 2/15/2017. Referred to Assembly Water, Parks and Wildlife Committee 3/2/2017. Hearing held; passed Committee; referred to Assembly Appropriations Committee 3/21/2017. Referred to Suspense File 4/5/2017.  Hearing held; passed Committee 5/26/2017. Passed Assembly 5/31/2017.

Outlook:  This measure favorably passed on the Assembly Floor May 31 by a majority vote of 54-20 and awaits further consideration in the Senate, with its committee referral currently pending.

At the May 26 hearing, the Assembly Appropriations Committee favorably passed this measure by a majority vote of 12-5.

The Assembly Appropriations Committee referred this measure to the suspense file April 5, for consideration at a later date. The suspense file is a function of the fiscal committee in both legislative chambers. Per Joint Rule 61(a) (5), the Committee has until May 26 to act on this measure. 

The Committee determined the measure would have a fiscal effect of increased one-time costs estimated to be between $840,000 and $1.1 million (GF) for the purchase and installation of signage. DPR estimates each sign will cost between $150 and $200. The smoking ban would apply to up to 280 state parks, with an estimated 20 signs per park. This estimate does not include any additional costs associated with CEQA or Coastal Commission permits, if determined to be applicable. 

At the March 21 hearing, the measure favorably passed the Assembly Water, Parks and Wildlife Committee by a majority vote of 8-4 with 3 abstaining. The measure now awaits further consideration in the Assembly Appropriations Committee, chaired by Assemblymember Lorena

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Gonzalez-Fletcher (D). A timeline for consideration has not yet been established.

Supporters, including health organizations, emphasize that according to the U.S. Surgeon General, there is no risk-free level of exposure to secondhand smoke. Children and the elderly are particularly vulnerable to the effects of secondhand smoke. Other supporters, including environmental organizations, emphasize the harm to the environment from cigarette waste, as well as the fire-risk of smoking in state parks. The opponents, including industry associations, argue that this bill is unnecessary because state law already provides fines for littering on public property, including beaches. Opponents also note DPR has the authority to impose restrictions on smoking when fire risk is high, and has restricted smoking in other specific situations and locations. The opponents assert that rules on outdoor smoking should be addressed at the local level rather than statewide.

This measure has not garnered the support of cosponsors.

State Outlook:  The Democratic Party controls both legislative chambers and the Governor's Office.

The Assembly Moderate Caucus is an unofficial group of centrist Democrats. Group members typically align with Assembly Democrats on social issues but may depart on economic issues such as environment and labor. Historically, the group has been composed of 10 members but membership changes based upon which issues are for debate.

Pursuant to recently adopted Proposition 54, the final version of bills must be online for 72 hours before a final vote in both chambers and video of all legislative hearings must on the Internet within 24 hours.

There are also two types of committees: policy committees and fiscal committees. Measures are sent to a policy committee for a policy change. Measures that could have a fiscal impact are sent to a fiscal committee for review of the measure's fiscal impact.

Effective Date: January 1, 2018.

S.B.  254  -  E-Cigarettes,  Tobacco Age Restrictions 

Sponsor: Senator Anthony Portantino (D)

Summary: 

Current version (5/26/2017): This measure prohibits a delivery network company from delivering, providing, arranging, or in any way facilitating the delivery of alcoholic beverages to a consumer unless it meets the following requirements: a) The company can verify that the individual to which the alcoholic beverages are delivered is 21 years of age or older.b) The delivery takes place person to person.c) The delivery driver is 21 years of age or older.d) A consumer may suspend, for any length of time, delivery of alcoholic beverages to a specified location that he or she has identified as the consumer’s primary delivery location. e)

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Prohibits a delivery network company from delivering alcoholic beverages to consumers on the grounds of a college or university.  

This measure requires the Department of ABC, on or before January 1, 2020, to develop a process to review and approve a system used by a delivery network company.

This measure requires a delivery network company, beginning January 1, 2020, to have a delivery system that has been reviewed and approved by ABC. 

This measure authorizes the Department of ABC to charge an original and annual fee to cover the actual and reasonable costs of administering the review and approval program. 

Defines “delivery network company” to mean an organization, including, but not limited to, a corporation, limited liability company, partnership, sole proprietor, or any other entity, operating in California that provides, arranges, or in any way facilitates prearranged delivery as an act of enrichment, financial or otherwise, of goods or services using an online-enabled application or platform to connect consumers with goods or service and to have those goods or services delivered directly to the consumer. 

Current version (5/26/2017):   http: //sta telin k.sta tesid e.com /Atta chmen ts/30 1876_ 20170 SB254 - _96.p df

Amended version (3/13/2017): http: //sta telin k.sta tesid e.com /Atta chmen ts/-1 _2017 0SB25 4_98. - pdf

Introduced version (2/7/2017): http: //sta telin k.sta tesid e.com /Atta chmen ts/-1 _2017 0SB25 4_99. - pdf

Status: Introduced 2/7/2017. Referred to Senate Rules Committee 2/16/2017. Amended; re-referred to Senate Rules Committee 3/13/2017. Re-referred to Senate Business, Professions and Economic Development Committee; Senate Governmental Organization Committee 3/16/2017. Hearing postponed; withdrawn by Senate Business, Professions and Economic Development Committee re-referred to Senate Rules Committee; re-referred to Senate Governmental Organization Committee 4/3/207.  Hearing held; passed Committee; re-referred to the Senate Appropriations Committee 4/25/2017.  Hearing held; amended; passed Committee 5/25/2017. Passed Senate 6/1/2017.

Outlook:  This measure favorably passed on the Senate Floor June 1 by a majority vote of 39-1 and awaits further consideration in the Assembly, with its committee referral currently pending.

At the May 25 hearing, the Senate Appropriations Committee amended and favorably passed this measure by a majority vote of 7-0.

During the April 25 public hearing, the Senate Governmental Organization Committee favorably passed this measure by a majority vote of 13-0,

This measure was originally set for a hearing April 3, but it was postponed and withdrawn by

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the Senate Business, Professions and Economic Development Committee.

This measure was filed originally as a spot bill relating to alcoholic beverage control, and was amended into scope March 13. The measure now relates to regulating deliveries of tobacco products.

This measure has not garnered the support of cosponsors.

According to the author, "this bill seeks to give clear statutory authority for these delivery network companies while at the same time establishing basic consumer protections, including that the driver is over the age of 21, the person they are delivering alcohol to is over the age of 21, and that the delivery is made person to person instead of dropping off at a door step."

Third Party Providers:While there are no laws or regulations specific to Third Party Providers, the Department of ABC issued industry advisories in 2009 and 2011 to assist licensees and unlicensed Third Party Providers in complying with California law. It should be noted that these advisories were issued prior to the prevalence of app-based on-demand alcohol delivery. The advisories were originally issued to provide guidance for licensees seeking to work with nonlicensed entities that provided assistance with advertising, customer acquisition, and online tools to facilitate sales and fulfillment of products including alcoholic beverages. The 2011 advisory defines the term “Third Party Provider” to mean unlicensed entities that are involved with the promotion, marketing, and facilitation of sales of alcoholic beverages by licensees over the Internet. Third Party Providers are involved in one or more of the steps in the transfer of title of an alcoholic beverage from a licensee to a consumer, such as placement of advertising, making recommendations to consumers, directing consumers to licensees, receiving orders and passing them on to licensees, processing payments, and assisting with shipping arrangements. As previously mentioned, existing law states that only licensees may engage in activities for which a license is required. Therefore, the Department of ABC states that all sales transactions involving Third Party Providers must ultimately be conducted by and under the control of a licensee. This includes decisions concerning the selection of alcoholic beverages to advertise or offer for sale, the pricing of those beverages, and the ultimate acceptance and fulfillment of the sales transaction. Additionally, the Department of ABC made it clear in the advisory guidelines that a licensee working with a Third Party Provider is ultimately responsible for any activities undertaken by the Third Party Provider on the licensee’s behalf. Lastly, the Department of ABC stated that “although the Department remains concerned that certain activities by Third Party Providers may violate California law, particularly in the areas of sales by a person without a license and the exercise of impermissible control of a licensee by a person without the privilege of that license, the Department believes that licensees and Third Party Providers can form business relationships that facilitate lawful transactions for sales of alcoholic beverages over the Internet.” 

Currently, there are several technology

State Outlook:  The Democratic Party controls both legislative chambers and the Governor’s Office.

Page 9:  · Web viewInternational Premium Cigar & Pipe Retailers Association Weekly Legislation Report May 2 9 – June 5, 2017 The following legislative activity occurred in the preceding

The Assembly Moderate Caucus is an unofficial group of centrist Democrats. Group members typically align with Assembly Democrats on social issues but may depart on economic issues such as environment and labor. Historically, the group has been composed of 10 members but membership changes based upon which issues are for debate.

Pursuant to recently adopted Proposition 54, the final version of bills must be online for 72 hours before a final vote in both chambers and video of all legislative hearings must on the Internet within 24 hours.

There are also two types of committees: policy committees and fiscal committees. Measures are sent to a policy committee for a policy change. Measures that could have a fiscal impact are sent to a fiscal committee for review of the measure’s fiscal impact.

Effective Date: January 1, 2018

S.B.  386  -  Smoking Bans 

Sponsor: Senator Steve Glazer (D)

Summary: 

This bill would make it an infraction for a person to smoke, as defined, on a state coastal beach or in a unit of the state park system or to dispose of used cigar or cigarette waste on a state coastal beach or in a unit of the state park system. 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 state coastal beaches and units of the state park system to provide notice of the smoking prohibition. The bill would require the smoking prohibition to be enforced only after signs have been posted.

 

http: //sta telin k.sta tesid e.com /Atta chmen ts/-1 _2017 0SB38 6_99. pdf

Status: Introduced 2/14/2017. Referred to Senate Natural Resources and Water Committee 2/23/2017. Hearing held; passed Committee; referred to Senate Appropriations Committee 3/28/2017.  Hearing held; passed Committee; placed in Suspense File 4/17/2017.  Hearing held; passed Committee 5/25/2017. Passed Senate 5/30/2017.

Outlook:  This measure favorably passed on the Senate Floor May 30 by a majority vote of 29-11. The measure currently awaits committee assignment by the Assembly Rules Committee.

At the May 25 hearing, the Senate Appropriations Committee favorably passed this measure by a majority vote of 7-0.

During the April 17 public hearing, this measure favorably passed the Senate Appropriations Committee by a majority vote of 7-0. This bill was determined to have a significant fiscal impact

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by the committee of referral and has been placed in its suspense file for further consideration at a later date. The suspense file is a function of the fiscal committee in both legislative chambers. Per Joint Rule 61(a) (5), the Committee has until May 26 to act on this measure. 

At the March 28 hearing, this measure favorably passed Committee by a majority vote of 7-2 and testimony was presented in support of this measure by the American Cancer Society Action Network, the American Heart Association, the American Lung Association, the American Stroke Association, the California State Firefighters' Association, and others.

One of the main arguments in support of this bill by both the author and supporters is the negative environmental impact of tobacco product waste on beaches. According to the author, “Cigarette waste has proven to be very detrimental to the environment. Various nonprofit organizations have found that discarded cigarette butts were the number one waste item found on beaches. According to a study by the California Ocean Protection Council, about 40% of debris collected by the California Coastal Cleanup day in 2010 were trash from smoking-related activities.” Furthermore, the author points out the fire risk posed by smoking, particularly in State Parks. According to the author, “California has been known to be prone to wildfires. Statistics show that there were roughly 68,417 fires that burned about 10,125,149 acres in the 2015 fire season. In 2014, there were 63,417 fires that burned 3,577,620 acres. Ninety percent of those fires are caused by humans and discarded smoldering cigarettes are largely responsible. The prevalence of smoking increases the likelihood of a wildfire and potential destruction in state parks.”

The American Lung Association argues that “according to the U.S. Surgeon General, there is no risk-free level of exposure to secondhand smoke. In 2006, the California Air Resources Board classified secondhand smoke as a 'Toxic Air Contaminant' in the same category as asbestos, cyanide and arsenic – all of which can lead to serious illness and death. Currently, 365 communities throughout California have adopted policies that prohibit smoking in their recreation areas. These communities know that adopting policies that restrict smoking in areas frequented by children and families they are protecting their residents from exposure to a toxic air contaminant.” Furthermore, supporters argue that second-hand smoke can cause asthma in children or trigger asthma problems for children or adults who have asthma, and can cause lung cancer in people who have never smoked.

This measure has garnered the support of cosponsors.

State Outlook:  The Democratic Party controls both legislative chambers and the Governor's Office.

The Assembly Moderate Caucus is an unofficial group of centrist Democrats. Group members typically align with Assembly Democrats on social issues but may depart on economic issues such as environment and labor. Historically, the group has been composed of 10 members but membership changes based upon which issues are for debate.

Pursuant to recently adopted Proposition 54, the final version of bills must be online for 72 hours before a final vote in both chambers and video of all legislative hearings must on the Internet within 24 hours.

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There are also two types of committees: policy committees and fiscal committees. Measures are sent to a policy committee for a policy change. Measures that could have a fiscal impact are sent to a fiscal committee for review of the measure's fiscal impact.

Effective Date: January 1, 2018.

COLORADO

Nothing to report

CONNECTICUT

Nothing to report.

DELAWARE

Nothing to report.

FLORIDA

Nothing to report

GEORGIA

Nothing to report.

HAWAII

Nothing to report.

IDAHO

Nothing to report.

ILLINOIS

H.B.  235  -  Tobacco Age Restrictions 

Sponsor: Representative LaShawn Ford (D)

Summary: Current verison (1/25/2017): This legislation establishes the sale or distribution of single or loose cigarettes that are not contained within a sealed container, pack or package to persons who are 18 years of age or older is a petty offense punishable by a fine of not more than $50.00

Amendment filed (2/3/2017):http: //www .ilga .gov/ legis latio n/100 /HB/P DF/10 000HB 0235h am001 .pdf

Introduced version (1/25/2017): http: //www .ilga .gov/ legis latio n/100 /HB/P DF/10 000HB 0235l v.pdf

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Status: Prefiled 12/14/2016. Introduced; referred to House Committee on Judiciary - Criminal 1/25/2017. Amendment filed 2/3/2017. Hearing held 2/8/2017. Hearing held 2/15/2017. Hearing held 2/22/2017. Hearing held 3/7/2017. Hearing held 3/21/2017. Hearing held 3/28/2017.

Outlook:  This measure is eligible for consideration in the 2018 legislative session. When the Legislature convenes, this measure will retain its current status until it is acted upon. When the Legislature reconvenes for a veto session, this measure will be eligible for consideration during the veto session.

This measure was heard March 28, but action was not taken on the measure. The measure awaits further consideration in the House Committee on Judiciary-Criminal.

The filed amendment establishes a unit of local government, including a home rule unit, may enact an ordinance regulating the sale or distribution by an person of a tobacco product, including, but not limited to, a single or loose cigarette that is not contained within a sealed container, pack or package provided by the manufacturer. The container, pack or package must bear the health warning required by federal laws, other than violations involving the sale or distribution of a tobacco product to a minor under the age of 18.

State Outlook:  The Democratic Party controls both chambers of the General Assembly, while the Republican Party controls the Office of the Governor. Legislation carries over from odd-numbered to even-numbered years. Committees will often call last-minute hearings, sometimes resulting in last-minute votes. The governor may call for the General Assembly to convene for a special session, oftentimes occurring in June. The General Assembly then reconvenes for a short veto session in the fall to consider the governor's vetoes. While the Senate has a Democratic supermajority, there are enough Republicans in the House to sustain a gubernatorial veto.

Effective Date: N/A

H.B.  1108  -  Tobacco Taxes 

Sponsor: Representative Michael Madigan (D)

Summary: This legislation amends the Tobacco Product Manufacturers' Escrow Enforcement Act of 2003. 

http: //www .ilga .gov/ legis latio n/100 /HB/P DF/10 000HB 1108l v.pdf

Status: Introduced; referred to House Rules Committee 1/31/2017. Referred to House Executive Committee 3/22/2017. Hearing held; passed committee 3/29/2017.

Outlook:  This measure is eligible for consideration in the 2018 legislative session. When the Legislature convenes, this measure will retain its current status until it is acted upon. When the Legislature reconvenes for a veto session, this measure will be eligible for consideration during

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the veto session.

During the March 29 hearing, the House Executive Committee passed the measure by a 11-0 vote. The measure awaits further consideration in the House.

State Outlook:  The Democratic Party controls both chambers of the General Assembly, while the Republican Party controls the Office of the Governor. Legislation carries over from odd-numbered to even-numbered years. Committees will often call last-minute hearings, sometimes resulting in last-minute votes. The governor may call for the General Assembly to convene for a special session, oftentimes occurring in June. The General Assembly then reconvenes for a short veto session in the fall to consider the governor's vetoes. While the Senate has a Democratic supermajority, there are enough Republicans in the House to sustain a gubernatorial veto.

Effective Date: January 1, 2018

H.B.  1109  -  Tobacco Taxes 

Sponsor: Representative Michael Madigan (D)

Summary: This legislation amends the Tobacco Product Manufacturers' Escrow Enforcement Act of 2003. 

http: //www .ilga .gov/ legis latio n/100 /HB/P DF/10 000HB 1109l v.pdf

Status: Introduced 2/2/2017. Referred to House Executive Committee 3/22/2017. Hearing held; passed committee 3/29/2017.

Outlook:  This measure is eligible for consideration in the 2018 legislative session. When the Legislature convenes, this measure will retain its current status until it is acted upon. When the Legislature reconvenes for a veto session, this measure will be eligible for consideration during the veto session.

During the March 29 hearing, the House Executive Committee passed the measure by a 11-0 vote. The measure awaits further consideration in the House.

State Outlook:  The Democratic Party controls both chambers of the General Assembly, while the Republican Party controls the Office of the Governor. Legislation carries over from odd-numbered to even-numbered years. Committees will often call last-minute hearings, sometimes resulting in last-minute votes. The governor may call for the General Assembly to convene for a special session, oftentimes occurring in June. The General Assembly then reconvenes for a short veto session in the fall to consider the governor's vetoes. While the Senate has a Democratic supermajority, there are enough Republicans in the House to sustain a gubernatorial veto.

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Effective Date: N/A

H.B.  1149  -  Tobacco Taxes 

Sponsor: Representative Michael Madigan (D)

Summary: This legislation amends the Cigarette Machine Operators' Occupation Tax Act.

http: //www .ilga .gov/ legis latio n/100 /HB/P DF/10 000HB 1149l v.pdf

Status: Introduced; referred to House Rules Committee 1/31/2017. Referred to House Executive Committee 3/22/2017. Hearing held; passed committee 3/29/2017.

Outlook:  This measure is eligible for consideration in the 2018 legislative session. When the Legislature convenes, this measure will retain its current status until it is acted upon. When the Legislature reconvenes for a veto session, this measure will be eligible for consideration during the veto session.

During the March 29 hearing, the House Executive Committee passed the measure by a 11-0 vote. The measure awaits further consideration in the House.

State Outlook:  The Democratic Party controls both chambers of the General Assembly, while the Republican Party controls the Office of the Governor. Legislation carries over from odd-numbered to even-numbered years. Committees will often call last-minute hearings, sometimes resulting in last-minute votes. The governor may call for the General Assembly to convene for a special session, oftentimes occurring in June. The General Assembly then reconvenes for a short veto session in the fall to consider the governor's vetoes. While the Senate has a Democratic supermajority, there are enough Republicans in the House to sustain a gubernatorial veto.

Effective Date: N/A

H.B.  1307  -  Smoking Bans 

Sponsor: Representative Michael Madigan (D)

Summary: This legislation amends the Smoke-Free Campus Act.

http: //www .ilga .gov/ legis latio n/100 /HB/P DF/10 000HB 1307l v.pdf

Status: Introduced 2/2/2017. ?Referred to House Executive Committee 3/22/2017. Hearing held; passed committee 3/29/2017.

Outlook:  This measure is eligible for consideration in the 2018 legislative session. When the Legislature convenes, this measure will retain its current status until it is acted upon. When the

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Legislature reconvenes for a veto session, this measure will be eligible for consideration during the veto session.

During the March 29 hearing, the House Executive Committee passed the measure by a 11-0 vote. The measure awaits further consideration in the House.

State Outlook:  The Democratic Party controls both chambers of the General Assembly, while the Republican Party controls the Office of the Governor. Legislation carries over from odd-numbered to even-numbered years. Committees will often call last-minute hearings, sometimes resulting in last-minute votes. The governor may call for the General Assembly to convene for a special session, oftentimes occurring in June. The General Assembly then reconvenes for a short veto session in the fall to consider the governor's vetoes. While the Senate has a Democratic supermajority, there are enough Republicans in the House to sustain a gubernatorial veto.

Effective Date: N/A

H.B.  1657  -  Smoking Bans 

Sponsor: Representative Michael Madigan (D)

Summary: This legislation the Cigarette Fire Safety Standard Act.

http: //www .ilga .gov/ legis latio n/100 /HB/P DF/10 000HB 1657l v.pdf

Status: Introduced 2/2/2017. Referred to House Executive Committee 3/22/2017. Hearing held; passed committee 3/29/2017.

Outlook:  This measure is eligible for consideration in the 2018 legislative session. When the Legislature convenes, this measure will retain its current status until it is acted upon. When the Legislature reconvenes for a veto session, this measure will be eligible for consideration during the veto session.

During the March 29 hearing, the House Executive Committee passed the measure by a 11-0 vote. The measure awaits further consideration in the House.

State Outlook:  The Democratic Party controls both chambers of the General Assembly, while the Republican Party controls the Office of the Governor. Legislation carries over from odd-numbered to even-numbered years. Committees will often call last-minute hearings, sometimes resulting in last-minute votes. The governor may call for the General Assembly to convene for a special session, oftentimes occurring in June. The General Assembly then reconvenes for a short veto session in the fall to consider the governor's vetoes. While the Senate has a Democratic supermajority, there are enough Republicans in the House to sustain a gubernatorial veto.

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Effective Date: N/A

H.B.  2009  -  Smoking Bans 

Sponsor: Representative Jim Durkin (R)

Summary: This legislation amends the Smoke Free Illinois Act.

http: //www .ilga .gov/ legis latio n/100 /HB/P DF/10 000HB 2009l v.pdf

Status: Introduced 2/2/2017. Referred to House Executive Committee 3/22/2017. Hearing held; passed committee 3/29/2017.

Outlook:  This measure is eligible for consideration in the 2018 legislative session. When the Legislature convenes, this measure will retain its current status until it is acted upon. When the Legislature reconvenes for a veto session, this measure will be eligible for consideration during the veto session.

During the March 29 hearing, the House Executive Committee passed the measure by a 11-0 vote. The measure awaits further consideration in the House.

State Outlook:  The Democratic Party controls both chambers of the General Assembly, while the Republican Party controls the Office of the Governor. Legislation carries over from odd-numbered to even-numbered years. Committees will often call last-minute hearings, sometimes resulting in last-minute votes. The governor may call for the General Assembly to convene for a special session, oftentimes occurring in June. The General Assembly then reconvenes for a short veto session in the fall to consider the governor's vetoes. While the Senate has a Democratic supermajority, there are enough Republicans in the House to sustain a gubernatorial veto.

Effective Date: N/A

H.B.  2012  -  Smoking Bans 

Sponsor: Representative Jim Durkin (R)

Summary: This legislation amends the Smoke Free Illinois Act.

http: //www .ilga .gov/ legis latio n/100 /HB/P DF/10 000HB 2012l v.pdf

Status: Filed 2/2/2017. Referred to House Executive Committee 3/22/2017. Hearing held; passed committee 3/29/2017.

Outlook:  This measure is eligible for consideration in the 2018 legislative session. When the Legislature convenes, this measure will retain its current status until it is acted upon. When the

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Legislature reconvenes for a veto session, this measure will be eligible for consideration during the veto session.

During the March 29 hearing, the House Executive Committee passed the measure by a 11-0 vote. The measure awaits further consideration in the House.

State Outlook:  The Democratic Party controls both chambers of the General Assembly, while the Republican Party controls the Office of the Governor. Legislation carries over from odd-numbered to even-numbered years. Committees will often call last-minute hearings, sometimes resulting in last-minute votes. The governor may call for the General Assembly to convene for a special session, oftentimes occurring in June. The General Assembly then reconvenes for a short veto session in the fall to consider the governor's vetoes. While the Senate has a Democratic supermajority, there are enough Republicans in the House to sustain a gubernatorial veto.

Effective Date: N/A

H.B.  3097  -  Tobacco Taxes 

Sponsor: Representative Brian Stewart (R)

Summary: Current version (3/9/2017):This legislation establishes that if payment was provided for under the Cigarette Machine Operators' Occupation Tax Act, the Cigarette Tax Act, the Cigarette Use Tax Act and the Tobacco Products Tax Act of 1995, then the taxpayer may credit the excess payment against liability subsequently to be remitted to the Department of Revenue.

Committee amended version (3/9/2017):http: //www .ilga .gov/ legis latio n/100 /HB/P DF/10 000HB 3097h am001 .pdf

Introduced version:http: //www .ilga .gov/ legis latio n/100 /HB/P DF/10 000HB 3097l v.pdf

Status: Introduced; referred to House Committee on Rules 2/9/2017. Referred to House Cybersecurity, Data Analytics, & IT Committee 2/22/2017. Hearing held; amendment filed 3/9/2017. Referred to House Growth, Reform & Fairness Subcommittee 3/9/2017. Hearing held 3/16/2017. Hearing held 3/23/2017. Hearing held 3/30/2017.

Outlook:  This measure is eligible for consideration in the 2018 legislative session. When the Legislature convenes, this measure will retain its current status until it is acted upon. When the Legislature reconvenes for a veto session, this measure will be eligible for consideration during the veto session.

No action was taken during the March 30 hearing. The measure was left pending in the committee of referral.

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During the March 9 hearing, and amendment was filed. The amendment would provide that the provisions of the introduced bill also apply to overpayments of the Renewable Energy Resources and Coal Technology Development Assistance Charge and the Energy Assistance Charge, makes changes concerning the incorporation of provisions of the Retailers' Occupation Tax Act and remove the effective date from the bill.

State Outlook:  The Democratic Party controls both chambers of the General Assembly, while the Republican Party controls the Office of the Governor. Legislation carries over from odd-numbered to even-numbered years. Committees will often schedule last-minute hearings, sometimes resulting in last-minute votes. The governor may call for the General Assembly to convene for a special session, oftentimes occurring in June. The General Assembly then reconvenes for a short veto session in the fall to consider the governor's vetoes. While the Senate has a Democratic supermajority, there are enough Republicans in the House to sustain a gubernatorial veto.

Effective Date: Upon enactment

H.B.  3208  -  E-Cigarettes,  Tobacco Age Restrictions 

Sponsor: Representative Melissa Conyears-Ervin (D)

Summary: This legislation increases the age for whom tobacco products, electronic cigarettes, and alternative nicotine products may be sold to and possessed by from at least 18 years of age to at least 21 years of age.

Defines "electronic cigarette" as the following: 

(a) Any device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation;(b) Any cartridge or container of a solution or substance intended to be used with or in the device or to refill the device; or(c) Any solution or substance, whether or not it contains nicotine intended for use in the device. "Electronic cigarette" includes, but is not limited to, any electronic nicotine delivery system, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, or similar product or device, and any components or parts that can be used to build the product or device.

House Committee filed amendment #1 (3/7/2017): http: //www .ilga .gov/ legis latio n/100 /HB/P - DF/10 000HB 3208h am001 .pdf

http: //www .ilga .gov/ legis latio n/100 /HB/P DF/10 000HB 3208l v.pdf

Status: Introduced; referred to House Committee on Rules 2/9/2017. Referred to House Consumer Protection Committee 2/22/2017. Hearing held 3/7/2017. House Committee amendment filed (#1) 3/9/2017. Hearing held 3/14/2017. Hearing held 3/21/2017. Hearing held 3/28/2017. Hearing held 5/25/2017.

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Outlook:  This measure is eligible for consideration in the 2018 legislative session. When the Legislature convenes, this measure will retain its current status until it is acted upon. When the Legislature reconvenes for a veto session, this measure will be eligible for consideration during the veto session.

No action was taken during the May 25 hearing. The measure remains pending in the House Consumer Protection Committee. A timeline has yet to be established.

No action was taken during the March 28 hearing. 

State Outlook:  The Democratic Party controls both chambers of the General Assembly, while the Republican Party controls the Office of the Governor. Legislation carries over from odd-numbered to even-numbered years. Committees will often call last-minute hearings, sometimes resulting in last-minute votes. The governor may call for the General Assembly to convene for a special session, oftentimes occurring in June. The General Assembly then reconvenes for a short veto session in the fall to consider the governor's vetoes. While the Senate has a Democratic supermajority, there are enough Republicans in the House to sustain a gubernatorial veto.

Effective Date: N/A

H.B.  3809  -  Self-Service Display 

Sponsor: Representative Sonya Harper (D)

Summary: Current version (3/28/2017):This legislation establishes that all tobacco and alternative nicotine products must be sold from behind the counter or in an age restricted area or in a sealed display case. Additionally, the legislation mandates candy may not displayed within 5 feet of a counter that has behind it any tobacco products, alternative nicotine products, or any advertisements or labels of those products.

Adopted House Committee amendment #1 (3/28/2017): http: //www .ilga .gov/ legis latio n/100 /HB/P DF/10 000HB 3809h am001 .pdf

http: //www .ilga .gov/ legis latio n/100 /HB/P DF/10 000HB 3809l v.pdf

Status: Introduced 2/7/2017. Referred to House Consumer Protection Committee 2/22/2017. Hearing held 3/7/2017. Hearing held 3/14/2017. Hearing held 3/21/2017. House Committee amendment filed #1 (3/24/2017). Hearing held; failed to pass 3/28/2017.

Outlook:  This measure is eligible for consideration in the 2018 legislative session. When the Legislature convenes, this measure will retain its current status until it is acted upon. When the Legislature reconvenes for a veto session, this measure will be eligible for consideration during

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the veto session.

During the March 28 hearing, the House Consumer Protection Committee failed to pass the amended measure by a 2-3 vote. The measure remains in the House Consumer Protection Committee.

On March 28, the House Committee amendment (#1) was adopted. The amendment adds alternative nicotine products, or any advertisements or labels of those products to where candy may not be displayed within 5 feet of.

State Outlook:  The Democratic Party controls both chambers of the General Assembly, while the Republican Party controls the Office of the Governor. Legislation carries over from odd-numbered to even-numbered years. Committees will often call last-minute hearings, sometimes resulting in last-minute votes. The governor may call for the General Assembly to convene for a special session, oftentimes occurring in June. The General Assembly then reconvenes for a short veto session in the fall to consider the governor's vetoes. While the Senate has a Democratic supermajority, there are enough Republicans in the House to sustain a gubernatorial veto.

Effective Date: Upon enactment

H.B.  3877  -  Tobacco Taxes 

Sponsor: Representative Kathleen Willis (D)

Summary: Current version (3/29/2017):This legislation mandates that on and after January 1, 2018, no person may engage in business as a retailer vapor products without first having obtained a vapor products retail license from the Department. Each applicant for a license under this Section shall furnish to the Department, in an electronic format established by the Department, the following information:

(a) The name and address of the applicant;(b) The address of the location at which the applicant proposes to engage in business as a retailer of vapor products in this State;(c) Whether the applicant will engage in the sale of e-liquids, vapor pens, or both; and(d) Such other additional information as the Department may lawfully require by its rules.

Establishes that the annual license fee  shall be $75. The fee shall be deposited into the Tax Compliance and Administration Fund and shall be used for the cost of enforcement of this Act.

Establishes that a person or business that is subject to the Cigarette Tax Act, the Tobacco Products Tax Act of 1995, the Prevention of Tobacco Use By Minors and Sale and Distribution of Tobacco Products Act, the Display of Tobacco Products Act, or the Compassionate Use of Medical Cannabis Pilot Program Act is not considered a retailer of vapor products

Defines "e-liquid" as a substance that contains nicotine and flavoring, substances, or other

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additives and is intended for use in a vapor product.

Defines "vapor pen" as a powered vaporizer, and any component parts thereof intended to be used in the powered vaporizer, that converts e-liquid into vapor which is intended for inhalation.

Adopted House Committee amendment #1 (3/29/2017): http: //www .ilga .gov/ legis latio n/100 /HB/P DF/10 000HB 3877h am001 .pdf

http: //www .ilga .gov/ legis latio n/100 /HB/P DF/10 000HB 3877l v.pdf

Status: Introduced; referred to House Committee on Rules 2/10/2017. Referred to House Business & Occupational Licenses Committee 3/1/2017. Hearing held; referred to House Business Licenses Subcommittee 3/8/2017. Hearing held 3/15/2017. Hearing held 3/22/2017. Filed House Committee amendment (#1) 3/24/2017. Hearing held; passed subcommittee; House Committee amendment (#1) adopted by committee; passed committee 3/29/2017.

Outlook:  This measure is eligible for consideration in the 2018 legislative session. When the Legislature convenes, this measure will retain its current status until it is acted upon. When the Legislature reconvenes for a veto session, this measure will be eligible for consideration during the veto session.

On March 29, the House Business Licenses Subcommittee passed the measure by a vote of 3-0. The measure was reported to the House Business & Occupational Licenses Committee, and the Committee adopted House Committee amendment (#1) by a voice vote. The Committee then passed the amended measure by a vote of 8-1. The amendment establishes that a person or business that is subject to the Cigarette Tax Act, the Tobacco Products Tax Act of 1995, the Prevention of Tobacco Use By Minors and Sale and Distribution of Tobacco Products Act, the Display of Tobacco Products Act, or the Compassionate Use of Medical Cannabis Pilot Program Act is not considered a retailer of vapor products and some other minor technical changes. The measure awaits father consideration in the House.

State Outlook:  The Democratic Party controls both chambers of the General Assembly, while the Republican Party controls the Office of the Governor. Legislation carries over from odd-numbered to even-numbered years. Committees will often call last-minute hearings, sometimes resulting in last-minute votes. The governor may call for the General Assembly to convene for a special session, oftentimes occurring in June. The General Assembly then reconvenes for a short veto session in the fall to consider the governor's vetoes. While the Senate has a Democratic supermajority, there are enough Republicans in the House to sustain a gubernatorial veto.

Effective Date: January 1, 2018

S.B.  469  -  Smoking Bans 

Sponsor: Senator John Cullerton (D)

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Summary: This legislation makes a technical change in the section concerning the Smoke Free Illinois Act.

http: //www .ilga .gov/ legis latio n/100 /SB/P DF/10 000SB 0469l v.pdf

Status: Introduced 1/24/2017. Referred to Senate Executive Committee 3/9/2017. Hearing held 3/15/2017.

Outlook:  This measure is eligible for consideration in the 2018 legislative session. When the Legislature convenes, this measure will retain its current status until it is acted upon. When the Legislature reconvenes for a veto session, this measure will be eligible for consideration during the veto session.

The measure was heard March 15, but action was not taken on the measure. The measure awaits further consideration in the committee of referral.

State Outlook:  The Democratic Party controls both chambers of the General Assembly, while the Republican Party controls the Office of the Governor. Legislation carries over from odd-numbered to even-numbered years. Committees will often call last-minute hearings, sometimes resulting in last-minute votes. The governor may call for the General Assembly to convene for a special session, oftentimes occurring in June. The General Assembly then reconvenes for a short veto session in the fall to consider the governor's vetoes. While the Senate has a Democratic supermajority, there are enough Republicans in the House to sustain a gubernatorial veto.

Effective Date: N/A

S.B.  475  -  Tobacco Taxes 

Sponsor: Senator John Cullerton (D)

Summary: This legislation exempts the purchases of tobacco products other than little cigars by wholesalers who will not sell the product at retail.

http: //www .ilga .gov/ legis latio n/100 /SB/P DF/10 000SB 0475l v.pdf

Status: Introduced 1/24/2017. Referred to Senate Executive Committee 3/9/2017. Hearing held 3/15/2017.

Outlook:  This measure is eligible for consideration in the 2018 legislative session. When the Legislature convenes, this measure will retain its current status until it is acted upon. When the Legislature reconvenes for a veto session, this measure will be eligible for consideration during the veto session.

The measure was heard March 15, but action was not taken on the measure. The measure awaits further consideration in the committee of referral.

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State Outlook:  The Democratic Party controls both chambers of the General Assembly, while the Republican Party controls the Office of the Governor. Legislation carries over from odd-numbered to even-numbered years. Committees will often call last-minute hearings, sometimes resulting in last-minute votes. The governor may call for the General Assembly to convene for a special session, oftentimes occurring in June. The General Assembly then reconvenes for a short veto session in the fall to consider the governor's vetoes. While the Senate has a Democratic supermajority, there are enough Republicans in the House to sustain a gubernatorial veto.

Effective Date: N/A

S.B.  476  -  Tobacco Taxes 

Sponsor: Senator John Cullerton (D)

Summary: This legislation makes a technical change in the section concerning the Cigarette Use Tax Act.

http: //www .ilga .gov/ legis latio n/100 /SB/P DF/10 000SB 0476l v.pdf

Status: Introduced 1/24/2017. Referred to Senate Executive Committee 3/9/2017. Hearing held 3/15/2017.

Outlook:  This measure is eligible for consideration in the 2018 legislative session. When the Legislature convenes, this measure will retain its current status until it is acted upon. When the Legislature reconvenes for a veto session, this measure will be eligible for consideration during the veto session.

The measure was heard March 15, but action was not taken on the measure. The measure awaits further consideration in the committee of referral.

State Outlook:  The Democratic Party controls both chambers of the General Assembly, while the Republican Party controls the Office of the Governor. Legislation carries over from odd-numbered to even-numbered years. Committees will often call last-minute hearings, sometimes resulting in last-minute votes. The governor may call for the General Assembly to convene for a special session, oftentimes occurring in June. The General Assembly then reconvenes for a short veto session in the fall to consider the governor's vetoes. While the Senate has a Democratic supermajority, there are enough Republicans in the House to sustain a gubernatorial veto.

Effective Date: N/A

S.B.  477  -  Tobacco Taxes 

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Sponsor: Senator John Cullerton (D)

Summary: This legislation exempts the purchases of tobacco products other than little cigars by wholesalers who will not sell the product at retail.

http: //www .ilga .gov/ legis latio n/100 /SB/P DF/10 000SB 0477l v.pdf

Status: Introduced 1/24/2017. Referred to Senate Executive Committee 3/9/2017. Hearing held; passed committee 3/16/2017.

Outlook:  This measure is eligible for consideration in the 2018 legislative session. When the Legislature convenes, this measure will retain its current status until it is acted upon. When the Legislature reconvenes for a veto session, this measure will be eligible for consideration during the veto session.

During the March 16 hearing, the Senate Executive Committee passed the measure by a vote of 16-0. The measure awaits further consideration in the Senate.

State Outlook:  The Democratic Party controls both chambers of the General Assembly, while the Republican Party controls the Office of the Governor. Legislation carries over from odd-numbered to even-numbered years. Committees will often call last-minute hearings, sometimes resulting in last-minute votes. The governor may call for the General Assembly to convene for a special session, oftentimes occurring in June. The General Assembly then reconvenes for a short veto session in the fall to consider the governor's vetoes. While the Senate has a Democratic supermajority, there are enough Republicans in the House to sustain a gubernatorial veto.

Effective Date: N/A

S.B.  491  -  Tobacco Taxes 

Sponsor: Senator John Cullerton (D)

Summary: This legislation makes a technical change regarding filing returns given to the Department. 

http: //www .ilga .gov/ legis latio n/100 /SB/P DF/10 000SB 0491l v.pdf

Status: Introduced 1/25/2017. Referred to Senate Executive Committee 3/9/2017. Hearing held 3/15/2017.

Outlook:  This measure is eligible for consideration in the 2018 legislative session. When the Legislature convenes, this measure will retain its current status until it is acted upon. When the Legislature reconvenes for a veto session, this measure will be eligible for consideration during the veto session.

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The measure was heard March 15, but action was not taken on the measure. The measure awaits further consideration in the committee of referral.

State Outlook:  The Democratic Party controls both chambers of the General Assembly, while the Republican Party controls the Office of the Governor. Legislation carries over from odd-numbered to even-numbered years. Committees will often call last-minute hearings, sometimes resulting in last-minute votes. The governor may call for the General Assembly to convene for a special session, oftentimes occurring in June. The General Assembly then reconvenes for a short veto session in the fall to consider the governor's vetoes. While the Senate has a Democratic supermajority, there are enough Republicans in the House to sustain a gubernatorial veto.

Effective Date: N/A

S.B.  534  -  Tobacco Taxes 

Sponsor: Senator John Cullerton (D)

Summary: This legislation makes a technical change regarding the findings of the General Assembly in relation to violations of the Tobacco Product Manufacturer's Escrow Act.

http: //www .ilga .gov/ legis latio n/100 /SB/P DF/10 000SB 0534l v.pdf

Status: Introduced 1/24/2017. Referred to Senate Executive Committee 3/9/2017. Hearing held 3/15/2017.

Outlook:  This measure is eligible for consideration in the 2018 legislative session. When the Legislature convenes, this measure will retain its current status until it is acted upon. When the Legislature reconvenes for a veto session, this measure will be eligible for consideration during the veto session.

The measure was heard March 15, but action was not taken on the measure. The measure awaits further consideration in the committee of referral.

State Outlook:  The Democratic Party controls both chambers of the General Assembly, while the Republican Party controls the Office of the Governor. Legislation carries over from odd-numbered to even-numbered years. Committees will often call last-minute hearings, sometimes resulting in last-minute votes. The governor may call for the General Assembly to convene for a special session, oftentimes occurring in June. The General Assembly then reconvenes for a short veto session in the fall to consider the governor's vetoes. While the Senate has a Democratic supermajority, there are enough Republicans in the House to sustain a gubernatorial veto.

Effective Date: N/A

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S.B.  850  -  Tobacco Taxes 

Sponsor: Senator Toi Hutchinson (D)

Summary: This legislation requires the Department of Revenue to issue a request for proposal to acquire and use digital tax stamps.

http: //www .ilga .gov/ legis latio n/100 /SB/P DF/10 000SB 0850l v.pdf

Status: Introduced 2/7/2017. Referred to Senate Committee on Revenue 2/8/2017. Hearing held 2/16/2017. Hearing held 3/1/2017. Hearing held 3/8/2017. Hearing postponed 3/15/2017. Hearing held 4/5/2017. Hearing postponed 4/26/2017. Hearing postponed 5/3/2017. Referred to Senate Assignments Committee 5/5/2017. 

Outlook:  This measure is eligible for consideration in the 2018 legislative session. When the Legislature convenes, this measure will retain its current status until it is acted upon. When the Legislature reconvenes for a veto session, this measure will be eligible for consideration during the veto session.

Pursuant to Rule 3-9(a), this measure has failed to pass the May 5 legislative deadline for committee passage. This measure will now be referred to the Senate Assignments Committee. This measure will only receive further consideration during this legislative session if the Committee grants a waiver from the chamber rules.

The May 3 hearing on this measure has been postponed. 

The April 26 hearing on this measure has been postponed. 

No action was taken during the April 5 hearing. The measure was left pending in the committee of referral. 

Testimony in support of the measure was given by the American Lung Association, J&J Legislative LLC and Respiratory Health Association. Testimony in opposition to the measure was given by the Illinois Manufacturers' Association, Chamber of Commerce, Illinois Retail Merchants Association and the Illinois Petroleum Marketers Association Illinois Association of Convenience Stores.

State Outlook:  The Democratic Party controls both chambers of the General Assembly, while the Republican Party controls the Office of the Governor. Legislation carries over from odd-numbered to even-numbered years. Committees will often call last-minute hearings, sometimes resulting in last-minute votes. The governor may call for the General Assembly to convene for a special session, oftentimes occurring in June. The General Assembly then reconvenes for a short veto session in the fall to consider the governor's vetoes. While the Senate has a Democratic supermajority, there are enough Republicans in the House to sustain a gubernatorial veto.

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Effective Date: January 1, 2018

S.B.  1169  -  Tobacco Taxes 

Sponsor: Senator Christine Radogno (R)

Summary: This legislation amends the Cigarette Machine Operators' Occupation Tax Act.

http: //www .ilga .gov/ legis latio n/100 /SB/P DF/10 000SB 1169l v.pdf

Status: Introduced 2/7/2017. Referred to Senate Executive Committee 3/9/2017. Hearing held; passed committee 3/15/2017.

Outlook:  This measure is eligible for consideration in the 2018 legislative session. When the Legislature convenes, this measure will retain its current status until it is acted upon. When the Legislature reconvenes for a veto session, this measure will be eligible for consideration during the veto session.

During the March 15 hearing, the House Executive Committee passed the measure by a 14-0 vote. The measure awaits further consideration in the House.

This legislation is a placeholder, but it is intended to amend the Cigarette Machine Operators' Occupation Tax Act.

State Outlook:  The Democratic Party controls both chambers of the General Assembly, while the Republican Party controls the Office of the Governor. Legislation carries over from odd-numbered to even-numbered years. Committees will often call last-minute hearings, sometimes resulting in last-minute votes. The governor may call for the General Assembly to convene for a special session, oftentimes occurring in June. The General Assembly then reconvenes for a short veto session in the fall to consider the governor's vetoes. While the Senate has a Democratic supermajority, there are enough Republicans in the House to sustain a gubernatorial veto.

Effective Date: N/A

S.B.  1170  -  Tobacco Taxes 

Sponsor: Senator Christine Radogno (R)

Summary: This legislation amends the Cigarette Tax Act.

http: //www .ilga .gov/ legis latio n/100 /SB/P DF/10 000SB 1170l v.pdf

Status: Introduced 2/7/2017. Referred to Senate Executive Committee 3/9/2017. Hearing held; passed committee 3/15/2017.

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Outlook:  This measure is eligible for consideration in the 2018 legislative session. When the Legislature convenes, this measure will retain its current status until it is acted upon. When the Legislature reconvenes for a veto session, this measure will be eligible for consideration during the veto session.

During the March 15 hearing, the House Executive Committee passed the measure by a 14-0 vote. The measure awaits further consideration in the House.

This legislation is a placeholder, but it is intended to amend the Cigarette Tax Act. 

State Outlook:  The Democratic Party controls both chambers of the General Assembly, while the Republican Party controls the Office of the Governor. Legislation carries over from odd-numbered to even-numbered years. Committees will often call last-minute hearings, sometimes resulting in last-minute votes. The governor may call for the General Assembly to convene for a special session, oftentimes occurring in June. The General Assembly then reconvenes for a short veto session in the fall to consider the governor's vetoes. While the Senate has a Democratic supermajority, there are enough Republicans in the House to sustain a gubernatorial veto.

Effective Date: N/A

S.B.  1171  -  Tobacco Taxes 

Sponsor: Senator Christine Radogno (R)

Summary: This legislation amends the Cigarette Use Tax Act.

http: //www .ilga .gov/ legis latio n/100 /SB/P DF/10 000SB 1171l v.pdf

Status: Introduced 2/7/2017. Referred to Senate Executive Committee 3/9/2017. Hearing held; passed committee 3/15/2017.

Outlook:  This measure is eligible for consideration in the 2018 legislative session. When the Legislature convenes, this measure will retain its current status until it is acted upon. When the Legislature reconvenes for a veto session, this measure will be eligible for consideration during the veto session.

During the March 15 hearing, the House Executive Committee passed the measure by a 14-0 vote. The measure awaits further consideration in the House.

This legislation is a placeholder, but it is intended to amend the Cigarette Use Tax Act. 

State Outlook:  The Democratic Party controls both chambers of the General Assembly, while the Republican Party controls the Office of the Governor. Legislation carries over from odd-numbered to even-numbered years.

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 Committees will often call last-minute hearings, sometimes resulting in last-minute votes. The governor may call for the General Assembly to convene for a special session, oftentimes occurring in June. The General Assembly then reconvenes for a short veto session in the fall to consider the governor's vetoes. While the Senate has a Democratic supermajority, there are enough Republicans in the House to sustain a gubernatorial veto.

Effective Date: N/A

S.B.  1221  -  Smoking Bans 

Sponsor: Senator Ira Silverstein (D)

Summary: This legislation prohibits a person from operating or being in actual physical control of a vehicle while a person in the vehicle is smoking if a person under 18 years of age is in the vehicle.

Defines "smoking" as to inhale, exhale, burn or carry a lighted cigarette, cigar, pipe, weed, plant, regulated narcotic or other combustible substance.

http: //www .ilga .gov/ legis latio n/100 /SB/P DF/10 000SB 1221l v.pdf

Status: Introduced; referred to Senate Public Health Committee 2/7/2017. Hearing held 3/1/2017. Hearing postponed 3/7/2017. Hearing held 3/14/2017. Hearing held 3/28/2017. Hearing held 4/4/2017.

Outlook:  This measure is eligible for consideration in the 2018 legislative session. When the Legislature convenes, this measure will retain its current status until it is acted upon. When the Legislature reconvenes for a veto session, this measure will be eligible for consideration during the veto session.

No action was taken during the April 4 hearing. The measure was left pending in the committee of referral. A timeline for consideration has not been established.

This measure was heard March 28, but action was not taken on the measure. The measure awaits further consideration in the Senate Public Health Committee.

Testimony in support of the measure was given by the Government Strategy Associates, American Lung Association in Illinois, J&J Legislative LLC and March of Dimes. No testimony in opposition to the measure was given.

State Outlook:  The Democratic Party controls both chambers of the General Assembly, while the Republican Party controls the Office of the Governor. Legislation carries over from odd-numbered to even-numbered years. Committees will often call last-minute hearings, sometimes resulting in last-minute votes. The governor may call for the General Assembly to convene for a special session, oftentimes

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occurring in June. The General Assembly then reconvenes for a short veto session in the fall to consider the governor's vetoes. While the Senate has a Democratic supermajority, there are enough Republicans in the House to sustain a gubernatorial veto.

Effective Date: N/A

S.B.  2009  -  Smoking Bans 

Sponsor: Senator Julie Morrison (D)

Summary: This measure amends the Smoke Free Illinois Act by making a technical change concerning the short title.

http: //www .ilga .gov/ legis latio n/100 /SB/P DF/10 000SB 2009l v.pdf

Status: Introduced; referred to Senate Assignments Committee 2/10/2017.

Outlook:  This measure is eligible for consideration in the 2018 legislative session. When the Legislature convenes, this measure will retain its current status until it is acted upon. When the Legislature reconvenes for a veto session, this measure will be eligible for consideration during the veto session.

This measure is a placeholder, but is intended to amend the Smoke Free Illinois Act.

State Outlook:  The Democratic Party controls both chambers of the General Assembly, while the Republican Party controls the Office of the Governor. Legislation carries over from odd-numbered to even-numbered years. Committees will often call last-minute hearings, sometimes resulting in last-minute votes. The governor may call for the General Assembly to convene for a special session, oftentimes occurring in June. The General Assembly then reconvenes for a short veto session in the fall to consider the governor's vetoes. While the Senate has a Democratic supermajority, there are enough Republicans in the House to sustain a gubernatorial veto.

Effective Date: N/A

INDIANA

Nothing to report.

IOWA

Nothing to report.

KANSAS

Nothing to report.

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KENTUCKY

Nothing to report.

LOUISIANA

H.B.  1  -  Special Session 

Sponsor: Representative Cameron Henry (R)

Summary: Current version (5/4/2017): This measure allocates $15,000 for the Tobacco Control Special Fund, $400,000 for the Tobacco Settlement Enforcement Fund (p. 34), and $543,583 for the Tobacco Regulation Enforcement Fund (p. 92).

Current version (5/4/2017):   http: //www .legi s.la. gov/l egis/ ViewD ocume nt.as px?d= 10387 49

Current version (5/1/2017): http: //www .legi s.la. gov/l egis/ ViewD ocume nt.as px?d= 10370 72

Introduced version:http: //www .legi s.la. gov/l egis/ ViewD ocume nt.as px?d= 10246 60

Status: Introduced; referred to House Appropriations Committee 4/10/2017. Hearing held; amended; passed committee 5/1/2017. Passed House; referred to Senate Finance Committee 5/8/2017. Hearing held 5/16/2017. Hearing held 5/17/2017. Hearing held 5/18/2017. Hearing held 5/21/2017. Hearing held 5/22/2017. Hearing held 5/24/2017. Hearing held 5/27/2017. Hearing scheduled 5/31/2017.

Outlook:  The measure was heard during the Senate Finance Committee hearing on May 27. No votes taken nor amendments adopted were reported.   The measure awaits further consideration from the committee during a subsequent hearing on May 31.

This measure was amended and passed the House on May 4 by a 63-40 vote and has been sent to the Senate for further consideration in the Senate Finance Committee.

This measure was amended and passed the House Appropriations Committee on May 1.

This measure has been referred to the House Appropriations Committee.

This is the 2017-2018 budget bill.

State Outlook:  The Republican Party controls both legislative chambers and the Democratic Party controls the Governor’s Office. Even though the Republican Party controls the Legislature, a number of committee chairmanships are held by the Democratic Party. During odd-numbered years, the session convenes on the last Monday in April and lasts 60 legislative days in an 85 calendar day period. During even-numbered years, the session convenes on the last Monday in March and lasts 30 legislative days in a 45 calendar day period. During regular sessions on odd-numbered years, the Legislature can only hear measures regarding the budget, revenue or

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appropriations. All bills where a hearing is requested will receive one. In both chambers, referral to a committee is considered the second reading, meaning floor debate and a final vote both take place on the third.

H.B.  446  -  Special Session 

Sponsor: Representative Jospeh Marino (I)

Summary: Current version (6/2/2017): This measure establishes that any information received by the state pursuant to the NPM Adjustment Settlement Agreement is confidential and shall not be disclosed except in accordance with settlement terms or by court order.

Adopted Senate Committee amendment (6/2/2017):http: //www .legi s.la. gov/l egis/ ViewD ocume nt.as px?d= 10455 28

Adopted Senate Floor amendment (6/2/2017):http: //www .legi s.la. gov/l egis/ ViewD ocume nt.as px?d= 10468 43

Introduced version:http: //www .legi s.la. gov/l egis/ ViewD ocume nt.as px?d= 10308 35

Status: Prefiled 3/31/2017. Introduced; referred to House Committee on Ways and Means 4/10/2017. Hearing held; amended; passed committee 5/1/2017. Passed House 5/10/2017. Referred to Senate Committee on Revenue and Fiscal Affairs 5/15/2017. Hearing held; amended 5/30/2017. Amendments adopted 6/2/2017.

Outlook:  On June 2, the Senate adopted the amendments by a vote of 32-1. The amended measure awaits further consideration in the Senate.

During the May 30 hearing, the   Senate   Committee on Revenue and Fiscal Affairs amended and passed the measure by an undisclosed vote. The amendments make minor technical changes and are not relevant to your scope.

This measure has been referred to the Senate Committee on Revenue and Fiscal Affairs, where Senator Jean-Paul Morrell (D) serves as Chair. 

On May 10, the House favorably passed this measure by a vote of 94-0. 

During the May 1 hearing, the House Ways and Means Committee passed this measure by a majority vote of 12-0. A minor technical amendment was made. This measure will be eligible for consideration on the House floor.

State Outlook:  The Republican Party controls both legislative chambers and the Democratic Party controls the Governor’s Office. Even though the Republican Party controls the Legislature, a number of committee chairmanships are held by the Democratic Party. During odd-numbered years, the session convenes on the last Monday in April and lasts 60 legislative days in an 85

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calendar day period. During even-numbered years, the session convenes on the last Monday in March and lasts 30 legislative days in a 45 calendar day period. During regular sessions on odd-numbered years, the Legislature can only hear measures regarding the budget, revenue or appropriations. All bills where a hearing is requested will receive one. In both chambers, referral to a committee is considered the second reading, meaning floor debate and a final vote both take place on the third.

Effective Date: August 15, 2017

H.B.  531  -  Smoking Bans 

Sponsor: Representative Frank Hoffmann (R)

Summary: Current version (5/30/2017): This measure prohibits the use of tobacco products on school property.   No person shall smoke or carry a lighted cigar, cigarette, pipe, or any other form of smoking object or device,   including but not limited to e-cigs, e-cigarettes, electronic cigarettes, advanced personal vaporizers, cape pens, and vape mods on any school property.  

This measure shall not apply to any school property that is rented, leased, or otherwise made available for non-educational purposes.

Defines "tobacco product" as any product containing or   made or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means.

Defines "school property" as school grounds, playgrounds, premises, and property, including but not limited to land, improvement, and facilities, and school vehicles used for the provision of academic and extracurricular programs and administration at any elementary or secondary school, the La. School for the Deaf, the La. School for the Visually Impaired, the La. Special Education Center, and schools in the Special School District.

Current version (5/30/2017): https ://ww w.leg is.la .gov/ Legis /View Docum ent.a spx?d =1039 611

Introduced version: http: //www .legi s.la. gov/l egis/ ViewD ocume nt.as px?d= 10312 24

Status: Prefiled 3/31/2017. Introduced; referred to House Committee on Education 4/10/2017. Hearing held; passed committee 4/26/2017. Passed House 5/8/2017. Referred to the Senate Committee on Education 5/10/2017. Hearing held 5/25/2017. Hearing held; amended; passed committee 5/30/2017.

Outlook:  On May 30, the Senate Committee on Education amended and passed this measure by an undisclosed vote. The amendment removes the definition of tobacco product and expands existing definition of smoking to include e-cigs, e-cigarettes, electronic cigarettes, advanced personal vaporizers, vape pens, and vape mods. The amendment further restricts   the use of all tobacco products in school buildings and prohibits any student or school employee from smoking, chewing, inhaling, or otherwise consuming any tobacco product on any school property. Lastly, the amendment clarifies   that tobacco products are prohibited on any school

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vehicle transporting students.   The measure awaits consideration on the Senate floor. A timeline for further consideration has not been established.

On May 25, no action was taken on this measure in the Senate Committee on Education. 

This measure has been referred to the Senate Committee on Education, where Senator Dan Morrish (R) serves as Chair.

On May 8, the House passed this measure by a vote of 60-34. 

State Outlook:  The Republican Party controls both legislative chambers and the Democratic Party controls the Governor’s Office. Even though the Republican Party controls the Legislature, a number of committee chairmanships are held by the Democratic Party. During odd-numbered years, the session convenes on the last Monday in April and lasts 60 legislative days in an 85 calendar day period. During even-numbered years, the session convenes on the last Monday in March and lasts 30 legislative days in a 45 calendar day period. During regular sessions on odd-numbered years, the Legislature can only hear measures regarding the budget, revenue or appropriations. All bills where a hearing is requested will receive one. In both chambers, referral to a committee is considered the second reading, meaning floor debate and a final vote both take place on the third.

Effective Date: Upon passage.

H.C.R.  60  -  Tobacco Age Restrictions 

Sponsor: Representative Frank Hoffmann (R)

Summary: This measure requests the Louisiana Department of Health to study the desirability and feasibility of increasing the minimum age to purchase tobacco products to 21.

Current version (5/8/2017):https ://ww w.leg is.la .gov/ legis /View Docum ent.a spx?d =1039 200

Status: Introduced 5/8/2017. Referred to the House Committee on Health and Welfare 5/9/2017. Hearing held; passed committee 5/17/2017. Passed House; referred to Senate Committee on Health and Welfare 5/30/2017.

Outlook:  On May 30, the House passed this measure by an unanimous vote of 92-0.   This measure has been referred to the Senate Committee on Health and Welfare where Senator Fred H. Mills Jr. (R) serves as Chair.

On May 17, the House Committee on Health and Welfare passed this measure by a vote of 10-2.  

State Outlook:  The Republican Party controls both legislative chambers and the Democratic Party controls the Governor’s Office. Even though the Republican Party controls the Legislature, a number of committee chairmanships are held by the Democratic Party. During odd-numbered

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years, the session convenes on the last Monday in April and lasts 60 legislative days in an 85 calendar day period. During even-numbered years, the session convenes on the last Monday in March and lasts 30 legislative days in a 45 calendar day period. During regular sessions on odd-numbered years, the Legislature can only hear measures regarding the budget, revenue or appropriations. All bills where a hearing is requested will receive one. In both chambers, referral to a committee is considered the second reading, meaning floor debate and a final vote both take place on the third.

Effective Date: August 15, 2017

H.R.  155  -  E-Cigarettes 

Sponsor: Representative Frank Hoffmann (R)

Summary: This resolution urges and requests the Department of Health to study the following issues associated with electronic cigarettes and other vapor products:(1) The rates at which electronic cigarettes and other vapor products are taxed in each U.S. state.(2) The health impacts associated with the use of electronic cigarettes and other vapor products.(3) Whether the use of electronic cigarettes and other vapor products should be promoted as a safe and effective means of quitting smoking.

This measure establishes that, if requested by the secretary of the Department of Health, the secretary of the Department of Revenue shall assist and collaborate in the tax-related aspect of the study.

This measure requires the Department of Health to report findings from the study to the House Committee on Ways and Means and the House Committee on Health and Welfare no later than 60 days prior to the convening of the 2018 regular sesssion.

http: //www .legi s.la. gov/l egis/ ViewD ocume nt.as px?d= 10447 64

Status: Introduced; referred to House Committee on Health and Welfare 5/25/2017. Hearing held; passed committee 5/31/2017. Passed House; resolution adopted 6/2/2017.

State Outlook:  The Republican Party controls both legislative chambers and the Democratic Party controls the Governor’s Office. Even though the Republican Party controls the Legislature, a number of committee chairmanships are held by the Democratic Party. During odd-numbered years, the session convenes on the last Monday in April and lasts 60 legislative days in an 85 calendar day period. During even-numbered years, the session convenes on the last Monday in March and lasts 30 legislative days in a 45 calendar day period. During regular sessions on odd-numbered years, the Legislature can only hear measures regarding the budget, revenue or appropriations. All bills where a hearing is requested will receive one. In both chambers, referral to a committee is considered the second reading, meaning floor debate and a final vote both take place on the third.

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Effective Date: Immediately

MAINE

Nothing to report.

MARYLAND

H.B.  185  -  Tobacco Age Restrictions 

Sponsor: Delegate Samuel Rosenberg (D)

Summary: Final version (5/25/2017):This legislation prohibits a person from distributing specified tobacco products, paraphernalia or coupons to a minor. 

Final version (5/25/2017):http: //mga leg.m aryla nd.go v/201 7RS/b ills/ hb/hb 0185e .pdf

Adopted Senate Committee amendment (4/3/2017):http: //mga leg.m aryla nd.go v/201 7RS/b ills/ hb/hb 0185t .pdf

Introduced version:http: //mga leg.m aryla nd.go v/201 7RS/b ills/ hb/hb 0185f .pdf

Status: Introduced; referred to Senate Committee on Economic Matters; Committee on Health and Government Operations 1/19/2017. Hearing held 2/15/2017. Passed House; referred to Senate Finance Committee 3/13/2017. Hearing held 3/29/2017. Amended; passed committee 4/3/2017. Passed Senate 4/4/2017. Concurred by House 4/6/2017. Signed by Governor Larry Hogan (R) 5/25/2017.

State Outlook:  In Maryland, both the Assembly and Senate is controlled by the Democratic Party, while the Office of the Governor is controlled by the Republican Party. There are a number of deadlines to consider, in the Senate, the 24th legislative day and in the House, the 31st legislative day marks the bill filling deadline. On the 63rd legislative day, the committee reporting courtesy date occurs, meaning each chamber’s committees report their own bills to the floor. The General Assembly is expected to adjourn sine die April 10, 2017.

Effective Date: October 1, 2017

H.B.  523  -  E-Cigarettes 

Sponsor: Delegate Sally Jameson (D)

Summary: Final version (5/27/2017):This measure requires a person to have an appropriate license whenever the person acts in the State as an electronic nicotine delivery systems manufacturer, retailer, storage warehouse,

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vape shop vendor, wholesaler distributor, or wholesaler importer. This measure estabkishes license application procedures and fees; requiring specified clerks of the circuit court to issue electronic nicotine delivery systems licenses to manufacturers, storage warehouses, wholesaler distributors, and wholesaler importers in the State under specified circumstances.

Final/Adopted Senate Floor amendment (5/27/2017):http: //mga leg.m aryla nd.go v/201 7RS/a mds/b il_00 03/hb 0523_ 97302 303.p df

Adopted Senate Committee amendment (4/7/2017):http: //mga leg.m aryla nd.go v/201 7RS/a mds/b il_00 03/hb 0523_ 39727 501.p df

Adopted House Committee amendment (3/17/2017):http: //mga leg.m aryla nd.go v/201 7RS/a mds/b il_00 03/hb 0523_ 56349 901.p df

Introduced version:http: //mga leg.m aryla nd.go v/201 7RS/b ills/ hb/hb 0523f .pdf

Status: Introduced; referred to House Committee on Economic Matters 1/27/2017. Hearing held 2/15/2017. Amendments adopted; hearing held; passed committee 3/17/2017. Passed House 3/18/2017. Referred to Senate Finance Committee 3/20/2017. Hearing held 4/4/2017. Hearing held; amended; adopted; passed committee 4/7/2017. Floor amendment adopted; passed Senate; concurred by House 4/10/2017. Enacted under Article II, Section 17(c) of the Maryland Constitution - Chapter 814 5/27/2017.

State Outlook:  In Maryland, both the Assembly and Senate is controlled by the Democratic Party, while the Office of the Governor is controlled by the Republican Party. There are a number of deadlines to consider, in the Senate, the 24th legislative day and in the House, the 31st legislative day marks the bill filling deadline. On the 63rd legislative day, the committee reporting courtesy date occurs, meaning each chamber's committees report their own bills to the floor. The General Assembly is expected to adjourn sine die April 10, 2017.

Companion Bill: 2017 S.B. 119

Effective Date: October 1, 2017

MASSACHUSETTS

H.B.  1527  -  Tobacco Taxes 

Sponsor: Representative Danielle Gregoire (D)

Summary: This measure establishes not less than 3% of all amounts credited to the Tobacco Use Reduction and Prevention Fund shall be held in trust and used solely for the purposes of preventing and reducing tobacco use and shall be available for expenditure by the Commissioner of the Department of Public Health.

http: //sta telin k.sta tesid e.com /Atta chmen ts/29 8112_ H1527 .pdf

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Status: Filed 1/14/2017. Introduced; referred to House Joint Committee on Revenue 2/24/2017. Hearing scheduled 6/20/2017.

Outlook:  This measure will be considered in the Joint Committee on Revenue June 20. Public testimony will be accepted and a vote may be taken at the discretion of the Chair.

Formerly H.D. 546, this measure has been read and converted into bill format by the House Clerk’s Office. The measure was given a bill number, H.B. 546, and is now eligible for Joint Committee referral.

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 General Court. Governor Charlie Baker (R) is a member of the Republican Party. As the General Court utilizes a two-year legislative session, measures may remain dormant for extended periods of time.

Effective Date: N/A

H.B.  3314  -  Tobacco Taxes 

Sponsor: Representative Marjorie Decker (D)

Summary: This measure imposes an excise shall be imposed on all cigars and smoking tobacco held in the commonwealth at the rate of 80 per cent of the wholesale price of such products. This excise shall be imposed on cigar distributors at the time cigars or smoking tobacco are manufactured, purchased, imported, received or acquired in the commonwealth. This excise shall not be imposed on any cigars or tobacco products that:

(i) are exported from the commonwealth; or(ii) are not subject to taxation by the commonwealth pursuant to any law of the United States.

https ://ma legis latur e.gov /Bill s/190 /H331 4.pdf

Status: Introduced; referred to Joint Committee on Revenue 3/20/2017. Hearing scheduled 7/18/2017.

Outlook:  This measure will be considered in the Joint Committee on Revenue July 18. Public testimony will be accepted and a vote may be taken at the discretion of the Chair.

Formerly H.D. 3631, this measure has been read and converted into bill format by the House Clerk’s Office. The measure was given a bill number, H.B. 3314, and is now eligible for Joint Committee referral.

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

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State Outlook:  The Democratic Party controls both chambers of the General Court. Governor Charlie Baker is a member of the Republican Party. The Legislature is required by the state Constitution to meet every 72 hours, in either a formal or informal session. As the General Court utilizes a two-year legislative session, measures may remain dormant for extended periods of time. Legislation can carry over from odd-numbered years to even-numbered years, and while there is a bill filing deadline in January, bills can be filed late with approval by both Rules Committees and a 2/3rds vote in each branch. All bills are referred to topic-appropriate committees, and each joint committee is required to hold a hearing on every bill they've received. Bills require three readings before a final deciding vote in both chambers.

Effective Date: Upon approval of the Governor.

H.B.  3524  -  Retail Licensing 

Sponsor: Representative John Mahoney (D)

Summary: This measure requires a retail tobacconist to pay the excise on cigars and smoking tobacco sold in their establishments.

https ://ma legis latur e.gov /Bill s/190 /H352 4.pdf

Status: Filed; referred to Joint Committee on Revenue 4/4/2017. Hearing scheduled 7/18/2017.

Outlook:  This measure will be considered in the Joint Committee on Revenue July 18. Public testimony will be accepted and a vote may be taken at the discretion of the Chair.

Formerly H.D. 3527, this measure has been read and converted into bill format by the House Clerk’s Office. The measure was given a bill number, H.B. 3524.

State Outlook:  The Democratic Party controls both chambers of the General Court. Governor Charlie Baker (R) is a member of the Republican Party. As the General Court utilizes a two-year legislative session, measures may remain dormant for extended periods of time.

Effective Date: Upon approval of the Governor.

S.B.  1576  -  E-Cigarettes,  Tobacco Taxes 

Sponsor: Senator Michael Moore (D)

Summary: This measure allows for the excise tax on "electronic smoking liquid" or any product that can deliver nicotine to the user through inhalation of vapor.

https ://ma legis latur e.gov /Bill s/190 /S157 6.pdf

Status: Introduced; referred to Joint Committee on Revenue 2/23/2017. Hearing scheduled 6/20/2017.

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Outlook:  This measure will be considered in the Joint Committee on Revenue June 20. Public testimony will be accepted and a vote may be taken at the discretion of the Chair.

Formerly S.D. 171, this measure has been read and converted into bill format by the Senate Clerk’s Office. The measure was given a bill number, S.B. 1576, and is now eligible for Joint Committee referral.

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 General Court. Governor Charlie Baker (R) is a member of the Republican Party. As the General Court utilizes a two-year legislative session, measures may remain dormant for extended periods of time.

Effective Date: Upon approval of the Governor.

MICHIGAN

Nothing to report

MINNESOTA

Nothing to report

MISSISSIPPI

Nothing to report.

MISSOURI

Nothing to report.

MONTANA

Nothing to report.

NEBRASKA

Nothing to report.

NEVADA

A.B.  62  -  Smoking Bans 

Sponsor: Assembly Committee on Taxation (Co)

Summary: Current version (4/25/2017): This legislation requires the submission of monthly reports relating to the sale, transfer, shipment and delivery of cigarettes.

Current version (4/25/2017): https ://ww w.leg .stat e.nv. us/Se ssion /79th 2017/ Bills /AB/A B62_R -

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1.pdf

Adopted Amendment: https ://ww w.leg .stat e.nv. us/Se ssion /79th 2017/ Bills /Amen dment s/A_A - B62_1 62.pd f

Introduced version: https ://ww w.leg .stat e.nv. us/Se ssion /79th 2017/ Bills /AB/A B62.p df

Status: Filed; referred to Assembly Committee on Taxation 11/17/2016. Hearing held 2/16/2017. Hearing held 3/28/2017. Work session held; amended; passed Committee 4/4/2017. Passed Assembly 4/25/2017. Referred to Senate Revenue and Economic Development Committee 4/26/2017. Hearing held; passed Committee 5/17/2017. Passed Senate 5/18/2017. Sent to Governor Brian Sandoval 5/23/2017. Signed by Governor Brian Sandoval (D) 5/27/2017.

State Outlook:  The Nevada Legislature is newly controlled by the Democratic Party for the 2017 legislative session, while the Republican Party holds the Office of the Governor. The Democrats hold a narrow margin in the House of Representatives and took control of the Nevada Senate after the November election and now hold an 11-9-1 majority over Republicans. State Senator Patricia Farley (NP) has changed her party affiliation from the Republican Party to nonpartisan and will caucus with Democratic Party. In the Senate, the Democrats are still shy of the 14 votes needed to pass a tax increase or override a veto by Governor Brian Sandoval (R). The deadline for a legislator to introduce a bill is March 20, 2017, and a committee may introduce a bill until March 27, 2017.

Effective Date: July 1, 2017

S.B.  194  -  Exotic Materials 

Sponsor: Senator Mo Denis (D)

Summary: Final version (5/29/2017):   This measure prohibits the purchase, sale or possession with intent to sell any item in this State that a person knows or should know contains or is, wholly or partially, made of an animal part or byproduct derived from any species of elephant, rhinoceros, whale, tiger, lion, leopard, cheetah, jaguar, pangolin, sea turtle, shark, ray, mammoth, narwhal, walrus or hippopotamus. This measure designates the criminal and civil penalties to be imposed upon a person for violating these provisions. This bill exempts certain classes of sales from the provisions, including certain sales involving: (1) law enforcement; (2) antiques; (3) musical instruments; (4) knives and firearms; and (5) a scientific or educational institution. This measure also exempts sales of items specifically authorized for sale by federal law. 

Final version (5/29/2017):   https ://ww w.leg .stat e.nv. us/Se ssion /79th 2017/ Bills /SB/S B194_ EN.pd - f

Amended version (4/20/2017):  ;http s://w ww.le g.sta te.nv .us/S essio n/79t h2017 /Bill s/SB/ SB194 - _R1.p df

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Adopted Amendment (897): https ://ww w.leg .stat e.nv. us/Se ssion /79th 2017/ Bills /Amen dment s/ A_S B194_ R1_89 7.pdf

Adopted Amendment (371): https ://ww w.leg .stat e.nv. us/Se ssion /79th 2017/ Bills /Amen dment s/ A_S B194_ 371.p df

Introduced version: https ://ww w.leg .stat e.nv. us/Se ssion /79th 2017/ Bills /SB/S B194. pdf

Status: Introduced; referred to Senate Commerce, Labor and Energy Committee 2/13/2017. Hearing held 3/13/2017. Work session held; amended; passed Committee 4/14/2017. Passed Senate 4/21/2017. Referred to Assembly Natural Resources, Agriculture, and Mining Committee 4/24/2017. Hearing held 5/2/2017. Work session held 5/11/2017. Work session held 5/16/2017. Work session held; amended; passed Committee 5/18/2017. Passed Assembly 5/25/2017. Sent to Governor Brian Sandoval (R) 3/30/2017.

Outlook:  This measure has been sent to Governor Brian Sandoval (R).   Since the Legislature is in session, the Governor has five days, excluding Sundays, to sign or veto this measure. If the Governor does not sign this measure, this measure will be enacted without a signature. If the Governor vetoes this measure, this measure will be sent back to its chamber of origin with a message explaining the Governor’s objections and recommendations which will remove such objections. The Legislature can overturn the Governor’s veto with a 2/3 majority vote in both legislative chambers.

This measure favorably passed the Assembly May 25 by a majority vote of 25-15.

At the May 18 work session, the Assembly Natural Resources, Agriculture and Mining Committee favorably passed this measure with an amendment.

No action was taken at the May 16 work session.

No action was taken at the May 11 work session.

No action was taken at the May 2 hearing.

This measure favorably passed the Senate April 21 by a majority vote of 14-6.

During the April 14 Work Session, the Senate Commerce, Labor and Energy Committee amended and favorably passed this measure.

The measure was heard March 13, but action was not taken. 

State Outlook:  The Nevada Legislature is newly controlled by the Democratic Party for the 2017 legislative session, while the Republican Party holds the Office of the Governor. The Democrats hold a narrow margin in the House of Representatives and took control of the Nevada Senate after the November election and now hold an 11-9-1 majority over Republicans. State Senator Patricia Farley (NP) has changed her party affiliation from the Republican Party to

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nonpartisan and will caucus with Democratic Party. In the Senate, the Democrats are still shy of the 14 votes needed to pass a tax increase or override a veto by Governor Brian Sandoval (R). The deadline for a legislator to introduce a bill is March 20, 2017, and a committee may introduce a bill until March 27, 2017.

Effective Date: October 1, 2017.

NEW HAMPSHIRE

Nothing to report.

NEW JERSEY

A.B.  2320  -  E-Cigarettes,  Tobacco Age Restrictions 

Sponsor: Assemblymember Valerie Vainieri Huttle (D)

Summary: Raises the minimum age for purchase and sale of tobacco products and electronic smoking devices from 19 to 21. Provides that an electronic smoking device is a product that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, pipe or any cartridge or other component of the device or related product.

http: //www .njle g.sta te.nj .us/2 016/B ills/ A2500 /2320 _I1.P DF

Status: Introduced; referred to Assembly Health and Senior Services Committee 2/4/2016. Hearing held; passed committee; referred to Assembly Appropriations Committee 2/22/2016. Hearing held; passed committee 6/1/2017.

Outlook:  During the June 1 hearing this measure passed the Appropriations Committee by a vote of 7-2. This measure is now eligible for consideration on the Senate floor.

During the February 22 hearing this measure passed committee by a vote of 10-3 and awaits further consideration in the Assembly.

The sponsor is a member of the majority party. 

State Outlook: 

In New Jersey, the Democratic Party controls both chambers of the Legislature and the Republican Party controls the Governor's Office. Bills in New Jersey require three readings for passage. However, the Senate President or Assembly Speaker can send a bill directly to the second reading without committee review, in order  to speed up the process. 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 3/4 of the governing body's members is passed.

Companion Bill: 2016 S.B. 359

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Effective Date: First day of the fourth month following enactment

A.B.  4874  -  E-Cigarettes 

Sponsor: Assemblymember Herbert Conaway (D)

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.

http: //www .njle g.sta te.nj .us/2 016/B ills/ A5000 /4874 _I1.P DF

Status: Filed 5/18/2017. Introduced; referred to Assembly Health and Senior Services Committee 5/22/2017. Hearing held; passed committee 6/1/2017.

Outlook:  During the June 1 committee hearing this measure passed the Health and Senior Services Committee by a vote of 11-1. This measure is now eligible for consideration on the Assembly floor.

The sponsor is a member of the majority party.

State Outlook: 

In New Jersey, the Democratic Party controls both chambers of the Legislature and the Republican Party controls the Governor's Office. Bills in New Jersey require three readings for passage. However, the Senate President or Assembly Speaker can send a bill directly to the second reading without committee review, in order  to speed up the process. 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 3/4 of the governing body's members is passed.

Effective Date: Upon Approval of the Governor.

S.B.  359  -  E-Cigarettes,  Tobacco Age Restrictions 

Sponsor: Senator Richard Codey (D)

Summary: Raises the minimum age for purchase and sale of tobacco products and electronic smoking devices from 19 to 21. Provides that an electronic smoking device is a product that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe or any cartridge or other component of the device or related product.

http: //www .njle g.sta te.nj .us/2 016/B ills/ S0500 /359_ I1.PD F

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Status: Introduced; referred to Senate Health, Human Services and Senior Citizens Committee 1/12/2016. Hearing held 1/25/2016. Hearing held; passed committee 2/4/2016. Referred to Senate Budget and Appropriations Committee 2/8/2016. Hearing held; passed committee 3/7/2016. Passed Senate; referred to Assembly Appropriations Committee 5/26/2016. Hearing held; passed committee 6/1/2017.

Outlook:  During the June 1 hearing this measure passed the Appropriations Committee by a vote of 7-2. This measure is now eligible for consideration on the Assembly floor.

During the May 26 floor session, the Senate passed the measure by a 23-14 vote.

The sponsor introduced identical legislation during the previous session, S.B. 602 which was passed and sent to Governor Chris Christie (R).  Senator Codey is the former Governor of New Jersey who helped to increase the state's age limit to purchase tobacco products from 18 to 19 years of age when he was in office. The sponsor is a member of the majority party. Democrats control both chambers of the Legislature and Governor Chris Christie is a Republican.

State Outlook: 

In New Jersey, the Democratic Party controls both chambers of the Legislature and the Republican Party controls the Governor's Office. Bills in New Jersey require three readings for passage. However, the Senate President or Assembly Speaker can send a bill directly to the second reading without committee review, in order  to speed up the process. 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 3/4 of the governing body's members is passed.

Companion Bill: 2016 A.B. 2320

Effective Date: April 1, 2016.

NEW MEXICO

Nothing to report

NEW YORK

S.B.  5433  -  Special Request 

Sponsor: Senator David Carlucci (IDC)

Summary: Current version (5/26/2017): This measure prohibits pharmacies from selling tobacco products. Furthermore, it stipulates that Commissioner of Health has the sole jurisdiction to enforce the provisions of this section. The measure   specifies that it does not include retailers co-located in a mall or other facility where such pharmacy is located.

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The measure defines "pharmacy" to mean any place registered as such by the New York state board of pharmacy and registered with the federal agency pursuant to the federal controlled substances act as well as any place in which drugs and medical components are possessed for the purpose of preparing, compounding, preserving or dispensing of drugs, medicines and therapeutic devices on the basis of prescriptions.

Current version (5/26/2017):   http: //leg islat ion.n ysena te.go v/pdf /bill s/201 7/S54 33A  Introduced version: http: //leg islat ion.n ysena te.go v/pdf /bill s/201 7/S54 33

Status: Introduced; referred to Senate Health Committee 3/28/2017. Amended 5/26/2017.

Outlook:  This measure was amended May 26 to specify that it does not include retailers co-located in a mall or other facility where such pharmacy is located. No vote was taken on the measure.

This measure has been referred to the Senate Health Committee, chaired by Senator Kemp Hannon (R).

According to the measure's justification, "On the Centers for Disease Control and Prevention (CDC) website it states that smoking is the leading cause of preventable death, that it harms nearly every organ of the body, and that in 2011, nearly 70% of adult cigarette smokers wanted to stop. We know all the diseases that are caused by smoking such as cancer, diabetes, chronic obstructive pulmonary disease, and heart disease, yet based on a 2015 CDC report, as of 2014, the adult smoking rate is still at 16.8%. The American Nonsmokers' Rights Foundation (January 2017) establishes that municipalities in California, Massachusetts and Minnesota have passed tobacco-free pharmacy laws. In 2014, all CVS Pharmacies, currently located in 49 states, decided to go tobacco-free by choice. It only makes sense, a business intended to make us feel better should not sell their customers products that, when taken as attended, would cut their lifespan by an average of 10 years. Earlier this year, Rockland County became the first county in New York to enact the "Tobacco-Free Pharmacies Act", and we hope the State will follow in those footsteps become the first in enacting a statewide law."The sponsor is a member of the Independent Democratic Conference (IDC). This measure has not garnered the support of co-sponsors.

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 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 A.B. 6956

Effective Date: One year after it becomes law.

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NORTH CAROLINA

Nothing to report.

NORTH DAKOTA

Nothing to report.

OHIO

H.B.  49  -  Tobacco Taxes 

Sponsor: Representative Ryan Smith (R)

Summary: Current version (5/1/2017): This measure exempts, from the Smoke Free Workplace Act, an enclosed space in a laboratory facility at an accredited college or university, when used solely and exclusively for clinical research activities by a person, organization, or other entity conducting institutional review board-approved scientific or medical research related to the health effects of smoking or the use of tobacco products.

This measure retains the "Moms Quit for Two Grant Program," which is to provide grants to private, nonprofit entities or government entities that demonstrate the ability to deliver evidence-based tobacco cessation interventions to pregnant women and women living with children who reside in communities with the highest infant mortality, as determined by Ohio Department of Health (ODH), and requires $500,000 in each fiscal year from GRF appropriation item 440473, Tobacco Prevention Cessation and Enforcement, to be used to award grants for the Moms Quit for Two Grant Program. (p. 4309)

This measure authorizes the Tax Commissioner to deny licenses or registrations to applicants that are delinquent in the reporting or payment of any tax, charge, or fee administered by the Commissioner. Affects licenses and registrations required for wholesale distributors and retail dealers of tires, motor fuel dealers, cigarette wholesalers, and other tobacco product distributors. (p. 3243)

This measure increases from semi-annually to monthly the frequency of excise tax filing and payment for wholesale cigarette dealers. Provides that the monthly filing and payment will be due on the last day of the month covered by the filing. (p. 537)

Current version (5/1/2017):http: //sta telin k.sta tesid e.com /Atta chmen ts/28 8093_ hb49_ 01_RH (002 ).pdf

Introduced version:http: //bud get.o hio.g ov/do c/bud get/F Y18-1 9_Bud get_R ecomm endat ions. pdf

Provision Outlook:  At the June 1 hearing in the Senate Finance Committee,   Gary Kuhns, manager of the cigarette and tobacco category for Speedway LLC, pointed out the link between increased tobacco taxes in Ohio and an increase in cross-border sales.

He explained that one Speedway location just across the border in Kentucky has one of the highest cigarette sales volumes "due to customers flocking there to buy tobacco products and

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beer to evade the higher taxes on such products in Ohio."

As an Ohio company, Mr. Kuhns said, Speedway would prefer tax policies that encourage growth in its home state.

Beth Wymer, executive director of the Ohio Wholesale Marketers Association, explained that wholesalers bear the brunt of the increased tax on tobacco products.

"Cigarette and tobacco product taxes are not collected in stores at the register," she said. "These taxes are collected and remitted at the wholesale level so consequently, tax increases have an immediate and direct impact on these wholesale businesses."

Status: Introduced; referred to House Finance Committee 2/8/2017. Hearing held 2/9/2017. Hearing held 2/14/2017. Hearing held 3/7/2017. Hearing held 3/8/2017. Hearing held 3/9/2017. Hearing held 3/21/2017. Hearing held 3/28/2017. Hearing held 3/30/2017. Hearing held 4/5/2017. Hearing held; substituted 4/25/2017. Hearing held 4/26/2017. Hearing held 4/27/2017. Hearing cancelled 4/28/2017. Hearing held; amended; passed committee 5/1/2017. Passed House 5/2/2017. Referred to Senate Finance Committee 5/3/2017. Hearing held 5/30/2017. Hearing held 5/31/2017. Hearing held 6/1/2017. Hearing scheduled 6/6/2017.

Outlook:  This measure is scheduled for a hearing June 6 in the Senate Finance Committee. The hearing will be open to the public and testimony will be accepted. In Ohio, a measure is usually heard multiple times before a vote is expected.

Senate Republicans are sorting through about 1,500 amendments to the budget bill   as it prepares to adopt a substitute bill in less than two weeks, according to Senate   President Larry Obhof.

Greg Lawson, research fellow at the Buckeye Institute, called for several changes to the budget, including additional spending restrictions, across-the-board income tax cuts and the elimination of occupational license fee increases. Mr. Lawson also asked the Senate to reinsert   Gov. John Kasich's proposed centralized municipal income tax collection on net profits from businesses. "Should it remain optional for businesses to file net-profits municipal income taxes, however, we encourage the Senate at least to guarantee that taxpayers do not pay an administrative fee for filing net-profits taxes," he said. He also called for changes to the current small business tax deduction. "Like the governor, we want Ohio's small businesses eventually to pay no income tax, but the current small business tax deduction appears to create a great deal of tax shifting and has meant significant declines in revenue," Mr. Lawson said.

During the May 30 hearing, the chair of the Senate Finance General Government and Agency Review Subcommittee, said state agencies were generally accepting of the House's across-the-board cuts in an effort to balance the budget, with exceptions including the Board of Tax Appeals and the Department of Agriculture. 

Other concerns that were raised during the hearing, included the proposals to expand sales taxes on certain products, such as tobacco, which were removed by the House. "We need to look at ways to address the budget hopefully, in my humble opinion as chair, without tax increases," Sen. Jordan said.

Senator Sean O'Brien (D) outlined some proposals Democrats would offer on the issues. He cited concerns with the proposed Medicaid managed care sales tax replacement plan, saying it

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would affect funding for local transit authorities. He said Democrats would propose $25 million each fiscal year in general revenue funds for public transit.

This measure is scheduled for a hearing May 31 in the Senate Finance Committee. The hearing will be open to the public and testimony will be accepted. In Ohio, a measure is usually heard multiple times before a vote is expected.

This measure has been referred to the Senate Finance Committee for further consideration.

The House Chamber voted to pass this measure 58-37 during the May 2 floor session. The vote was mostly along party lines, although a group of conservative lawmakers voted in opposition and a handful of Democrats lent their support. 

The House overhauled the bill in Finance Committee over the last two weeks, with the notable revisions including the elimination of Governor Kasich's entire "tax reform" package and accompanying income tax cuts and sales tax increases. Majority Republicans put most of the finishing touches on the bill earlier this week with an omnibus amendment that, among other things, included a slight funding boost and formula changes for K-12 education and language giving the General Assembly more oversight of Medicaid expansion funding. 

During the May 1 hearing, the House Finance Committee voted to amend and pass this measure.

Senate President Larry Obhof said his chamber will "significantly" cut spending in the recently unveiled House omnibus budget amendment. "I think the Senate will significantly decrease the amount of money being spent in this budget," Sen. Obhof said. "The (House) amendments I've seen so far don't close that gap. They make some progress but they leave several hundred million dollars - depending on how you interpret the amendments potentially more than that - open."

According to the latest Legislative Service Commission spreadsheet on the bill, the House reduced state-only General Revenue Fund spending by $363 million.

Ensuring a balanced budget, as the constitution requires, will continue to serve as the upper chamber's "guiding principle," said Sen. Obhof, adding that Senate Republicans discussed the House's plans in detail that morning.

This measure is the operating budget for FY 2018-19.

State Outlook:  The Republican Party controls both chambers of the Legislature and the Office of the Governor. Legislative sessions in Ohio run for two years; they first convene on the first Monday in January on odd-numbered years, and then again on the same date the following even-numbered year, with no limit on the number of legislative days. Ohio is a year-round legislature, but there are a number of breaks, most notably recesses in the summer and fall. All introduced bills must first be referred to either the House Rules and Reference Committee or the Senate Reference Committee, which will then recommend a standing committee for the bill's consideration. If a bill passes both committees, it moves to the floor of its respective chamber for debate and a final vote.

Effective Date: July 1, 2017OKLAHOMA

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S.B.  845  -  Tobacco Taxes 

Sponsor: Senator Kim David (R)

Summary: Current version (5/23/2017): This measure requires state and local governmental agencies to post conspicuous signs at the entrance to and in prominent location places where smoking is prohibited. Requires the State Department of Health and the Tobacco Settlement Endowment trust shall work together to inform the public about the dangers of smoking in motor vehicles where children are present.

Prohibits the use of any tobacco product on all properties owned, leased or contracted for use by the State of Oklahoma, including but not limited to all buildings, land and vehicles owned, leased or contracted for use by agencies or instrumentalities of the State of Oklahoma.

Allows the Oklahoma Tax Commission to assess a smoking cessation fee on cigarettes, to be remitted by every wholesaler. Fee provided shall be $1.50 per twenty cigarettes. 

Current version (5/23/2017): http: //web serve r1.ls b.sta te.ok .us/c f_pdf /2017 -18%2 0COMM ITTEE - %20SU BS/SC S/SB8 45%20 CS.PD F

Introduced version: http: //web serve r1.ls b.sta te.ok .us/c f_pdf /2017 -18%2 0INT/ SB/SB 845%2 - 0INT. PDF

Status: Filed 5/8/2017. Referred to Joint Committee on Appropriations and Budget 5/9/2017. Hearing held; substituted; passed committee 5/23/2017. Passed Senate 5/24/2017. Passed House 5/26/2017.

Outlook:  This measure passed the House May 26 by a vote of 51-43. This measure is eligible to be sent to Governor Mary Fallin (R). Since the Legislature is in session, the Governor has five days, excluding Sundays, to sign or veto this measure. It is important to remember that the timeframe the Governor has to consider the measure does not begin on the date both chambers have passed the measure. The measure must be enrolled and delivered to the Governor’s desk before the time period begins. If the Governor does not sign this measure, this measure will be enacted without a signature. If the Governor vetoes this measure, this measure will be sent back to its chamber of origin with a message explaining the Governor’s objections and recommendations which will remove such objections. The Legislature can overturn the Governor’s veto with a 2/3 majority vote in both legislative chambers.

DUring the May 24 floor session this measure passed the Senate by a vote of 28-18.

During the May 23 committee hearing this measure passed the Joint Committee on Appropriations and Budget by an undisclosed vote.

The sponsor is a member of the majority party.

State Outlook:  The Republican Party controls both legislative chambers and the Office of Governor Mary Fallin (R). The Senate and House are considered co-equal houses in Oklahoma, but each have special powers granted to them: the Senate's consent is required for gubernatorial appointments, and bills for raising revenue may only originate in the House. The Oklahoma legislature runs for two years, beginning in odd-numbered years. The regular

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sessions convene on the first Monday in February of each year, and then adjourn on the last Friday in May. All legislation carries over from odd-numbered to even-numbered years. It is not uncommon in Oklahoma for bills to be heavily altered by amendments that do not relate to the original text of the bill as it was introduced, effectively changing the type of legislation the bill represents. All bills in Oklahoma are referred to a committee upon their second reading. Once a report is made by the committee, it is debated by the whole chamber and given a deciding vote upon its third reading. 

Effective Date: Upon Approval of the Governor.OREGON

Nothing to report

PENNSYLVANIA

 H.B.  1309  -  E-Cigarettes 

Sponsor: Representative Matthew Baker (R)

Summary: This measure includes the use of electronic cigarettes in the definition of smoking. This measure also stipulates that the space within 20 feet of a public entrance to an enclosed area is included in the definition of a public place.

This measure additionally updates the definitions for "enclosed area," "patio" and "workplace."

This measure repeals duplicative definitions in existing statute.

This act shall not be construed to restrict the power of a political subdivision to adopt and enforce any rule or ordinance that exceeds the minimum applicable standards set forth under this measure. http: //www .legi s.sta te.pa .us/C FDOCS /Legi s/PN/ Publi c/btC heck. cfm?t xtTyp e=PDF & sessY - r=201 7& ;sess Ind=0 & billB ody=H & billT yp=B& amp;b illNb r=130 9& ;pn=1 649

Status: Introduced; referred to House Health Committee 5/5/2017.

Outlook:  This measure has been referred to the Health Committee, where the sponsor serves as Chair.

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

In November of 2015, the Health Committee moved legislation which would close many of the exemptions which were found in the Clean Indoor Air Act (CIAA) of 2008. Over the last year, the sponsor has worked closely with the American Lung Association, the American Heart Association, the American Cancer Society, Cancer Action Network and Breathe Free Pennsylvania Coalition in crafting an agreed upon bill.

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State Outlook:  In Pennsylvania, the Republican Party controls both the House and Senate while the Democratic Party controls the Office of Governor. The Pennsylvania General Assembly's regular session last for two years, beginning on the first Tuesday in January on odd-numbered years. The legislature meets year-round, though there will be several breaks, the longest of which occurs in August of each year. Unlike many states with biennium sessions, the Pennsylvania legislature does not adjourn between years. However, Legislation still carries over from odd-numbered to even-numbered years. Pennsylvania typically has a high volume of bills, though many of the bills introduced will not be considered. There is no restriction on when bills can be introduced, and legislation will continue to be introduced throughout the session. All bills will be referred to a standing committee, but committees are not required to consider each measure referred to them, and bills may also pass out of committee without a hearing. Bills will not receive a final decision until their third reading in either chamber. However, bills on their third consideration in the House cannot be amended unless necessary to correct an error, whereas bills on their third consideration in the Senate may still be significantly amended. 

Effective Date: In 60 Days

H.B.  1477  -  E-Cigarettes 

Sponsor: Representative Jeff Wheeland (R)

Summary: This measure eliminates the 40 percent wholesale tax on electronic cigarettes. Replaces it with 5-cents per milliliter retail tax on e-liquid.

http: //www .legi s.sta te.pa .us/C FDOCS /Legi s/PN/ Publi c/btC heck. cfm?t xtTyp e=PDF & sessY - r=201 7& ;sess Ind=0 & billB ody=H & billT yp=B& amp;b illNb r=147 7& ;pn=1 884

Status: Introduced; referred to House Finance Committee 6/1/2017.

Outlook:  The sponsor is  member of the majority party. In his co-sponsorship memo, the bill sponsor said the following "This tax is similar to levies on these products enacted in other states, including North Carolina and Louisiana, and will help protect the remaining small-business, bricks and mortar vapor shops still in existence, generate predictable and sustainable revenue for the Commonwealth, and continue to make these reduced harm products available to all Pennsylvanians at affordable prices".

State Outlook:  In Pennsylvania, the Republican Party controls both the House and Senate while the Democratic Party controls the Office of Governor. The Pennsylvania General Assembly's regular session last for two years, beginning on the first Tuesday in January on odd-numbered years. The legislature meets year-round, though there will be several breaks, the longest of which occurs in August of each year. Unlike many states with biennium sessions, the Pennsylvania legislature does not adjourn between years. However, Legislation still carries over from odd-numbered to even-numbered years. Pennsylvania typically has a high volume of bills, though many of the bills introduced will not be considered. There is no restriction on when bills can be introduced, and legislation will continue to be introduced throughout the session. All bills will be referred to a standing committee, but committees are not required to consider each measure referred to them, and bills may also pass out of committee without a hearing. Bills will

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not receive a final decision until their third reading in either chamber. However, bills on their third consideration in the House cannot be amended unless necessary to correct an error, whereas bills on their third consideration in the Senate may still be significantly amended. 

Effective Date: 60 Days Upon Passage.

RHODE ISLAND

H.B.  5506  -  Minimum Pricing/Packaging,  Tobacco Taxes 

Sponsor: Representative Robert Phillips (D)

Summary: This act would require that a fifteen percent (15%) minimum markup be added to the total cost of cigarettes sold by retailers.

http: //web serve r.ril in.st ate.r i.us/ BillT ext/B illTe xt17/ House Text1 7/H55 06.pd f

Status: Introduced; referred to House Finance Committee 2/15/2017.  Hearing held 5/30/2017.

Outlook:  At the May 30 public hearing, the Committee recommended this measure be held for further study and no action was taken.   This measure remains in the House Finance Committee, chaired by Representative Marvin L. Abney (D). A timeline for further consideration has not yet been established.

This measure has garnered the support of cosponsors.

State Outlook:  The Democratic Party holds supermajorities in both legislative chambers and controls the Office of the Governor for the 2017 legislative session. Legislators have until February 16, 2017 to introduce bills, which must then be heard by April 13, 2017 in order to proceed through the legislative process. The Rhode Island General Assembly is expected to adjourn their 2017 legislative session June 30, 2017.

Effective Date: Upon passage.

H.B.  5821  -  E-Cigarettes,  Retail Licensing 

Sponsor: Representative Teresa Tanzi (D)

Summary: This act would amend the definition of "retail tobacco store" to include any store that primarily sells "electronic cigarettes" and would expand the definition of "smoking" to include the use of any electronic cigarette, cigar or similar product which relies on vaporization or aerosolization.

http: //web serve r.ril in.st ate.r i.us/ BillT ext/B illTe xt17/ House Text1 7/H58 21.pd f

Status: Introduced; referred to House Health, Education and Welfare Committee 3/2/2017. Hearing held 3/22/2017. Hearing held; passed   House Health, Education and Welfare 5/31/2017.

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Outlook:  At the May 31 hearing, the House Health, Education and Welfare Committee favorably passed this measure by an undisclosed vote. This measure is eligible for consideration on the House floor.   A timeline   has not yet been established.

At the March 22 hearing, the Committee recommended this measure be held for further study.

This measure has garnered the support of cosponsors.

State Outlook:  The Democratic Party holds supermajorities in both legislative chambers and controls the Office of the Governor for the 2017 legislative session. Legislators have until February 16, 2017 to introduce bills, which must then be heard by April 13, 2017 in order to proceed through the legislative process. The Rhode Island General Assembly is expected to adjourn their 2017 legislative session June 30, 2017.

Effective Date: Upon passage.

H.B.  5876  -  E-Cigarettes 

Sponsor: Representative Teresa Tanzi (D)

Summary: Current version (5/10/2017): This measure would prohibit the sale of liquid that is intended for human consumption and/or use in an electronic nicotine-delivery system that is not contained in child resistant packaging. This measure would also prohibit the use of electronic nicotine-delivery systems in schools.

Current version (5/10/2017): http: //web serve r.ril in.st ate.r i.us/ BillT ext/B illTe xt17/ House Text1 7/ H58 76A.p df

Introduced version: http: //web serve r.ril in.st ate.r i.us/ BillT ext/B illTe xt17/ House Text1 7/H58 76.pd f

Status:  Introduced; referred to House Health, Education and Welfare Committee 3/8/2017. Hearing held 4/5/2017. Hearing held; amended; passed Committee 5/10/2017. Passed House 5/25/2017. Referred to Senate Judiciary Committee 5/30/2017.

Outlook: This measure has been referred to the Senate Judiciary Committee, where   Senator Erin Lynch Prata (D)   serves as Chair.   A timeline for consideration has not yet been established.

The substitute for this measure favorably passed the House May 25.

At the May 10 hearing, the House Health, Education and Welfare Committee favorably recommended passage of an amended version of this measure.

At the April 5 hearing, the Committee recommended this measure be held for further study.

This measure has garnered the support of cosponsors.

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State Outlook:  The Democratic Party holds supermajorities in both legislative chambers and controls the Office of the Governor for the 2017 legislative session. Legislators have until February 16, 2017 to introduce bills, which must then be heard by April 13, 2017 in order to proceed through the legislative process. The Rhode Island General Assembly is expected to adjourn their 2017 legislative session June 30, 2017.

Effective Date: January 1, 2018.

SOUTH CAROLINA

Nothing to report

SOUTH DAKOTA

Nothing to report.

TENNESSEE

H.B.  511  -  Special Request 

Sponsor: Representative Charles Sargent (R)

Summary: Current version (5/5/2017): This measure establishes that the Attorney General and Reporter, from the non-recurring appropriation of $1,500,000 made in the fiscal year ending June 30, 2009, from Tobacco Master Settlement Agreement (MSA) payments received in February 2009 that were previously withheld by tobacco companies. The appropriation is for the purpose of funding costs related to impending diligent enforcement arbitration proceedings and shall remain available until expended.

This measure further establishes for Tobacco MSA diligent enforcement systems, is for the recurring operating costs of an information system or systems, including $24,100 for the Attorney General and Reporter and $216,600 for the Department of Revenue. The recurring funds shall be transferred to the operating allotments of the agencies at the time the Commissioner of Finance and Administration determines. From the non-recurring appropriation, in the amount of $962,400, which was for development of the system(s) and was transferred to the systems development fund pursuant to that authority, an amount of $532,900 shall be available for the Attorney General and Reporter systems development requirements and $429,500 for the Department of Revenue systems development requirements. The Commissioner of Finance and Administration is authorized to make transfers between the two nonrecurring accounts, with the agreement of the Attorney General and Reporter and the Commissioner of Revenue, or to consolidate the amounts into a single project account for development of a single system serving both agencies, if deemed appropriate by the two commissioners and the Attorney General and Reporter.

Adopted amendment #22 (5/5/2017): http: //www .capi tol.t n.gov /Bill s/110 /Amen d/HA0 616.p df Adopted amendment #18 (5/4/2017): http: //www .capi tol.t n.gov /Bill s/110 /Amen d/HA0 610.p df Adopted amendment #17 (5/4/2017): http: //www .capi tol.t n.gov /Bill s/110 /Amen d/HA0 603.p df Adopted amendment #16 (5/4/2017): http: //www .capi tol.t n.gov /Bill s/110 /Amen d/HA0 602.p df

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Adopted amendment #14 (5/4/2017): http: //www .capi tol.t n.gov /Bill s/110 /Amen d/HA0 599.p df Adopted amendment #13 (5/4/2017): http: //www .capi tol.t n.gov /Bill s/110 /Amen d/HA0 599.p df Adopted amendment #7 (5/4/2017): http: //www .capi tol.t n.gov /Bill s/110 /Amen d/HA0 588.p df Adopted amendment #5 (5/4/2017): http: //www .capi tol.t n.gov /Bill s/110 /Amen d/HA0 586.p df Adopted amendment #3 (5/4/2017): http: //www .capi tol.t n.gov /Bill s/110 /Amen d/HA0 583.p df Adopted amendment #2 (5/4/2017): http: //www .capi tol.t n.gov /Bill s/110 /Amen d/HA0 582.p df

Introduced version:http: //www .capi tol.t n.gov /Bill s/110 /Bill /HB05 11.pd f

Status: Introduced 2/6/2017. Referred to House Finance, Ways and Means Subcommittee 2/14/2017. Hearing deferred 5/2/2017. Hearing held; amended; passed subcommittee; referred to House Finance, Ways and Means Committee; hearing held; passed committee 5/3/2017. Amended 5/4/2017. Passed House 5/5/2017. Passed Senate 5/8/2017. Sent to Governor 5/23/2017. Signed by Governor Bill Haslam (R) 5/25/2017.

State Outlook: In Tennessee, the Republican Party controls both chambers of the Legislature and the Office of the Governor. The legislature meets for two-year terms that are limited to ninety legislative days, with a maximum of fifteen days allowed at the start of the term to be used for organizational purposes. Special sessions can be called by the Governor or a two-thirds vote of each house, which are restricted to the topics stated in the call. These special sessions are limited to twenty days. All bills in Tennessee must have a companion in order to complete the legislative process.

Companion Bill: 2017 S.B. 483

Effective Date: July 1, 2017

TEXAS

 S.B.  1  -  Tobacco Taxes 

Sponsor: Senator Jane Nelson (R)

Summary: Current version (5/26/2017): This measure requires the State Employee Retirement System to automatically apply a $30 monthly tobacco user fee to any individual aged 18 or older covered under the state health plan unless the individual, during the individual enrollment period, certifies that the individual does not use tobacco. (pg. 35)

Current version (5/26/2017): http: //www .lrl. state .tx.u s/sca nned/ 85ccr s/sb0 001.p df#na vpane s=0

Amended version (3/22/2017): http: //www .capi tol.s tate. tx.us /tlod ocs/8 5R/bi lltex t/pdf /SB00 001S. - pdf#n avpan es=0

Introduced version: http: //www .capi tol.s tate. tx.us /tlod ocs/8 5R/bi lltex t/pdf /SB00 001I. pdf#n avpan - es=0

Status: Introduced 1/17/2017. Referred to Senate Finance Committee 1/18/2017. Hearing held 1/24/2017. Hearing held 1/25/2017. Hearing held 1/26/2017.  Hearing held 1/30/2017. Hearing

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held 2/1/2017. Hearing held 2/2/2017. Hearing held 2/6/2017. Hearing held 2/8/2017. Hearing held 2/9/2017. Hearing held 2/14/2017. Hearing held 3/15/2017. Hearing held 3/16/2017. Hearing held; substituted; passed committee 3/22/2017. Passed Senate; referred to House Appropriations Committee 3/28/2017. Passed committee 3/29/2017. Amended; passed House 4/7/2017. Referred to Conference Committee 4/24/2017. Reported from Conference Committee; passed House; passed Senate 5/27/2017. Sent to Comptroller Glenn Hegar (R) 5/29/2017.

Outlook:  This measure has been sent to Comptroller Glenn Hegar (R) for certification prior to being sent to Governor Greg Abbott (R). The budget is required to be certified by the Comptroller before being sent for consideration by the Governor.

After certification, this measure will be eligible to be sent to Governor Greg Abbott (R). If the Governor receives this message within 10 days of sine die adjournment, the Governor has 20 days, excluding Sundays, to sign or veto this measure. If the Governor does not sign this measure, this measure will be enacted without a signature.

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 both legislative chambers and the Governor’s Office. The House Committee on Calendars has full authority to make placements on floor calendars in whatever order it deems necessary, giving it wide discretion on which bills may be considered in the House of Representatives. The Senate does not have a comparable committee.

Effective Date: Immediately

UTAH

Nothing to report.

VERMONT

Nothing to report.

VIRGINIA

Nothing to report.

WASHINGTON

Nothing to report

WEST VIRGINIA

Nothing to report.

WISCONSIN

Nothing to report.

WYOMING

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Nothing to report.

WASHINGTON, D.C.

Nothing to report.

FEDERAL

Nothing to report.