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2024 SESSION
HB 790 Tobacco products retailers; purchase, possession, and sale of retail tobacco products.
Introduced by: Patrick A. Hope | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Purchase, possession, and sale of retail tobacco products; retail tobacco products and liquid nicotine tax; penalties. Prohibits Internet sales of liquid nicotine or nicotine vapor products, except to a retail dealer, and prohibits the sale of retail tobacco products from vending machines. The bill updates, for the purpose of the crime of selling or distributing tobacco products to a person younger than 21 years of age, the definition of "retail tobacco products" by including in such definition products currently defined as "nicotine vapor products" or "alternative nicotine vapor products." The bill also removes provisions prohibiting the attempt to purchase, the purchase, or the possession of tobacco products by persons younger than 21 years of age.
The bill provides that the punishment of a retail dealer that sells, gives, or furnishes a tobacco product to a person younger than 21 years of age or to a person who does not demonstrate that such person is at least 21 years of age is (i) a civil penalty of $1,000 for a first offense within a 36-month period, (ii) a civil penalty of $5,000 for a second offense within a 36-month period such retail dealer shall become subject to specific age-verification requirements, (iii) a civil penalty of $10,000 and a 30-day suspension of such retail dealer's distributor's license for a third offense within a 36-month period, and (iv) revocation of such license and such retail dealer shall be ineligible to hold a license for a period of three years following the most recent violation for a fourth offense within a 36-month period. The bill requires the Department of Taxation, in collaboration with the Virginia Alcoholic Beverage Control Authority and local law enforcement, to conduct a compliance check every 24 months on any retail dealer selling retail tobacco products and to use a person younger than 21 years of age to conduct such checks.
The bill also imposes a tax upon liquid nicotine in closed systems, as defined in the bill, at the rate of $0.066 per milliliter and upon liquid nicotine in open systems, as defined in the bill, at the rate of 20 percent of the wholesale price for purchases on and after July 1, 2024. The bill applies licensing requirements to manufacturers, distributors, and retail dealers of liquid nicotine and creates new safety requirements related to the advertising, marketing, and labeling of liquid nicotine and nicotine vapor products. This bill is identical to SB 582.
FULL TEXT
- 01/09/24 House: Prefiled and ordered printed; offered 01/10/24 24104754D pdf | impact statement
- 02/06/24 House: Committee substitute printed 24107284D-H1 pdf
- 02/12/24 House: Printed as engrossed 24107284D-EH1 pdf | impact statement
- 02/27/24 Senate: Committee substitute printed 24108318D-S1 pdf
- 03/07/24 House: Conference substitute printed 24108839D-H2 pdf
- 03/25/24 House: Bill text as passed House and Senate (HB790ER) pdf
- 04/17/24 House: Reenrolled bill text (HB790ER2) pdf
AMENDMENTS
- House subcommittee amendments and substitutes offered
- House subcommittee amendments and substitutes adopted
- Senate subcommittee amendments and substitutes offered
- House amendments adopted
- Conference amendments
- Governor's recommendation
HISTORY
- 01/09/24 House: Prefiled and ordered printed; offered 01/10/24 24104754D
- 01/09/24 House: Referred to Committee on General Laws
- 01/26/24 House: Assigned GL sub: ABC/Gaming
- 02/06/24 House: Subcommittee recommends reporting with substitute (8-Y 0-N)
- 02/06/24 House: Subcommittee recommends referring to Committee on Appropriations
- 02/06/24 House: Reported from General Laws with substitute (20-Y 0-N)
- 02/06/24 House: Committee substitute printed 24107284D-H1
- 02/06/24 House: Referred to Committee on Appropriations
- 02/07/24 House: Assigned App. sub: Transportation & Public Safety
- 02/09/24 House: Subcommittee recommends reporting with amendments (7-Y 0-N)
- 02/09/24 House: Reported from Appropriations with amendment(s) (20-Y 0-N)
- 02/11/24 House: Read first time
- 02/12/24 House: Read second time
- 02/12/24 House: Committee on General Laws substitute agreed to 24107284D-H1
- 02/12/24 House: Committee on Appropriations amendment agreed to
- 02/12/24 House: Engrossed by House - committee substitute with amendment HB790EH1
- 02/12/24 House: Printed as engrossed 24107284D-EH1
- 02/13/24 House: Read third time and passed House (87-Y 12-N)
- 02/13/24 House: VOTE: Passage (87-Y 12-N)
- 02/14/24 Senate: Constitutional reading dispensed
- 02/14/24 Senate: Referred to Committee on Finance and Appropriations
- 02/27/24 Senate: Committee substitute printed 24108318D-S1
- 02/27/24 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/27/24 Senate: Reported from Finance and Appropriations with substitute (15-Y 0-N)
- 02/28/24 Senate: Read third time
- 02/28/24 Senate: Reading of substitute waived
- 02/28/24 Senate: Committee substitute agreed to 24108318D-S1
- 02/28/24 Senate: Engrossed by Senate - committee substitute HB790S1
- 02/28/24 Senate: Passed Senate with substitute (39-Y 0-N)
- 02/28/24 House: Senate substitute rejected by House 24108318D-S1 (1-Y 95-N)
- 02/28/24 House: VOTE: REJECTED (1-Y 95-N)
- 02/28/24 Senate: Senate insisted on substitute (39-Y 0-N)
- 02/28/24 Senate: Senate requested conference committee
- 02/28/24 House: House acceded to request
- 02/28/24 House: Conferees appointed by House
- 02/28/24 House: Delegates: Hope, Seibold, Leftwich
- 02/28/24 Senate: Conferees appointed by Senate
- 02/28/24 Senate: Senators: Ebbin, Favola, Pillion
- 03/07/24 Conference: Amended by conference committee
- 03/07/24 House: Conference substitute printed 24108839D-H2
- 03/08/24 House: Conference report agreed to by House (86-Y 10-N)
- 03/08/24 House: VOTE: Adoption (86-Y 10-N)
- 03/08/24 Senate: Conference report agreed to by Senate (21-Y 19-N)
- 03/25/24 House: Enrolled
- 03/25/24 House: Bill text as passed House and Senate (HB790ER)
- 03/25/24 Senate: Signed by President
- 03/26/24 House: Signed by Speaker
- 03/27/24 House: Enrolled Bill communicated to Governor on March 27, 2024
- 03/27/24 Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024
- 04/08/24 House: Governor's recommendation received by House
- 04/17/24 House: House concurred in Governor's recommendation (88-Y 12-N)
- 04/17/24 House: VOTE: Adoption (88-Y 12-N)
- 04/17/24 Senate: Senate concurred in Governor's recommendation (33-Y 7-N)
- 04/17/24 Governor: Governor's recommendation adopted
- 04/17/24 House: Reenrolled
- 04/17/24 House: Reenrolled bill text (HB790ER2)
- 04/17/24 House: Signed by Speaker as reenrolled
- 04/17/24 Senate: Signed by President as reenrolled
- 04/17/24 House: Enacted, Chapter 821 (effective 7/1/24)