VA HB790 | 2024 | Regular Session
Status
Completed Legislative Action
Spectrum: Partisan Bill (Democrat 7-0)
Status: Passed on April 17 2024 - 100% progression
Action: 2024-04-17 - Enacted, Chapter 821 (effective 7/1/24)
Text: Latest bill text (Enrolled) [HTML]
Spectrum: Partisan Bill (Democrat 7-0)
Status: Passed on April 17 2024 - 100% progression
Action: 2024-04-17 - Enacted, Chapter 821 (effective 7/1/24)
Text: Latest bill text (Enrolled) [HTML]
Summary
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. 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.
Title
Tobacco products retailers; purchase, possession, and sale of retail tobacco products.
Sponsors
| Del. Patrick Hope [D] | Del. Nadarius Clark [D] | Del. Michael Feggans [D] | Del. Holly Seibold [D] |
| Del. Joshua Thomas [D] | Del. Joshua Cole [D] | Del. Phil Hernandez [D] |
Roll Calls
2024-04-17 - Senate - Senate: Senate concurred in Governor's recommendation (33-Y 7-N) (Y: 33 N: 7 NV: 0 Abs: 0) [PASS]
2024-04-17 - House - House: VOTE: Adoption (88-Y 12-N) (Y: 88 N: 12 NV: 0 Abs: 0) [PASS]
2024-03-08 - House - House: VOTE: Adoption (86-Y 10-N) (Y: 86 N: 10 NV: 0 Abs: 4) [PASS]
2024-03-08 - Senate - Senate: Conference report agreed to by Senate (21-Y 19-N) (Y: 21 N: 19 NV: 0 Abs: 0) [PASS]
2024-02-28 - Senate - Senate: Senate insisted on substitute (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-02-28 - House - House: VOTE: REJECTED (1-Y 95-N) (Y: 1 N: 95 NV: 0 Abs: 4) [FAIL]
2024-02-28 - Senate - Senate: Passed Senate with substitute (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-02-27 - Senate - Senate: Reported from Finance and Appropriations with substitute (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-27 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-02-13 - House - House: VOTE: Passage (87-Y 12-N) (Y: 87 N: 12 NV: 0 Abs: 1) [PASS]
2024-02-09 - House - House: Reported from Appropriations with amendment(s) (20-Y 0-N) (Y: 20 N: 0 NV: 0 Abs: 2) [PASS]
2024-02-09 - House - House: Subcommittee recommends reporting with amendments (7-Y 0-N) (Y: 7 N: 0 NV: 0 Abs: 2) [PASS]
2024-02-06 - House - House: Reported from General Laws with substitute (20-Y 0-N) (Y: 20 N: 0 NV: 0 Abs: 2) [PASS]
2024-02-06 - House - House: Subcommittee recommends reporting with substitute (8-Y 0-N) (Y: 8 N: 0 NV: 0 Abs: 1) [PASS]
2024-04-17 - House - House: VOTE: Adoption (88-Y 12-N) (Y: 88 N: 12 NV: 0 Abs: 0) [PASS]
2024-03-08 - House - House: VOTE: Adoption (86-Y 10-N) (Y: 86 N: 10 NV: 0 Abs: 4) [PASS]
2024-03-08 - Senate - Senate: Conference report agreed to by Senate (21-Y 19-N) (Y: 21 N: 19 NV: 0 Abs: 0) [PASS]
2024-02-28 - Senate - Senate: Senate insisted on substitute (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-02-28 - House - House: VOTE: REJECTED (1-Y 95-N) (Y: 1 N: 95 NV: 0 Abs: 4) [FAIL]
2024-02-28 - Senate - Senate: Passed Senate with substitute (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-02-27 - Senate - Senate: Reported from Finance and Appropriations with substitute (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-27 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-02-13 - House - House: VOTE: Passage (87-Y 12-N) (Y: 87 N: 12 NV: 0 Abs: 1) [PASS]
2024-02-09 - House - House: Reported from Appropriations with amendment(s) (20-Y 0-N) (Y: 20 N: 0 NV: 0 Abs: 2) [PASS]
2024-02-09 - House - House: Subcommittee recommends reporting with amendments (7-Y 0-N) (Y: 7 N: 0 NV: 0 Abs: 2) [PASS]
2024-02-06 - House - House: Reported from General Laws with substitute (20-Y 0-N) (Y: 20 N: 0 NV: 0 Abs: 2) [PASS]
2024-02-06 - House - House: Subcommittee recommends reporting with substitute (8-Y 0-N) (Y: 8 N: 0 NV: 0 Abs: 1) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2024-04-17 | House | Enacted, Chapter 821 (effective 7/1/24) |
| 2024-04-17 | Senate | Signed by President as reenrolled |
| 2024-04-17 | House | Signed by Speaker as reenrolled |
| 2024-04-17 | House | Reenrolled bill text (HB790ER2) |
| 2024-04-17 | House | Reenrolled |
| 2024-04-17 | Governor: Governor's recommendation adopted | |
| 2024-04-17 | Senate | Senate concurred in Governor's recommendation (33-Y 7-N) |
| 2024-04-17 | House | VOTE: Adoption (88-Y 12-N) |
| 2024-04-17 | House | House concurred in Governor's recommendation (88-Y 12-N) |
| 2024-04-08 | House | Governor's recommendation received by House |
| 2024-03-27 | Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024 | |
| 2024-03-27 | House | Enrolled Bill communicated to Governor on March 27, 2024 |
| 2024-03-26 | House | Signed by Speaker |
| 2024-03-25 | Senate | Signed by President |
| 2024-03-25 | House | Bill text as passed House and Senate (HB790ER) |
| 2024-03-25 | House | Enrolled |
| 2024-03-08 | Senate | Conference report agreed to by Senate (21-Y 19-N) |
| 2024-03-08 | House | VOTE: Adoption (86-Y 10-N) |
| 2024-03-08 | House | Conference report agreed to by House (86-Y 10-N) |
| 2024-03-07 | House | Conference substitute printed 24108839D-H2 |
| 2024-03-07 | Conference: Amended by conference committee | |
| 2024-02-28 | Senate | Senators: Ebbin, Favola, Pillion |
| 2024-02-28 | Senate | Conferees appointed by Senate |
| 2024-02-28 | House | Delegates: Hope, Seibold, Leftwich |
| 2024-02-28 | House | Conferees appointed by House |
| 2024-02-28 | House | House acceded to request |
| 2024-02-28 | Senate | Senate requested conference committee |
| 2024-02-28 | Senate | Senate insisted on substitute (39-Y 0-N) |
| 2024-02-28 | House | VOTE: REJECTED (1-Y 95-N) |
| 2024-02-28 | House | Senate substitute rejected by House 24108318D-S1 (1-Y 95-N) |
| 2024-02-28 | Senate | Passed Senate with substitute (39-Y 0-N) |
| 2024-02-28 | Senate | Engrossed by Senate - committee substitute HB790S1 |
| 2024-02-28 | Senate | Committee substitute agreed to 24108318D-S1 |
| 2024-02-28 | Senate | Reading of substitute waived |
| 2024-02-28 | Senate | Read third time |
| 2024-02-27 | Senate | Reported from Finance and Appropriations with substitute (15-Y 0-N) |
| 2024-02-27 | Senate | Constitutional reading dispensed (39-Y 0-N) |
| 2024-02-27 | Senate | Committee substitute printed 24108318D-S1 |
| 2024-02-14 | Senate | Referred to Committee on Finance and Appropriations |
| 2024-02-14 | Senate | Constitutional reading dispensed |
| 2024-02-13 | House | VOTE: Passage (87-Y 12-N) |
| 2024-02-13 | House | Read third time and passed House (87-Y 12-N) |
| 2024-02-12 | House | Printed as engrossed 24107284D-EH1 |
| 2024-02-12 | House | Engrossed by House - committee substitute with amendment HB790EH1 |
| 2024-02-12 | House | Committee on Appropriations amendment agreed to |
| 2024-02-12 | House | Committee on General Laws substitute agreed to 24107284D-H1 |
| 2024-02-12 | House | Read second time |
| 2024-02-11 | House | Read first time |
| 2024-02-09 | House | Reported from Appropriations with amendment(s) (20-Y 0-N) |
| 2024-02-09 | House | Subcommittee recommends reporting with amendments (7-Y 0-N) |
| 2024-02-07 | House | Assigned App. sub: Transportation & Public Safety |
| 2024-02-06 | House | Referred to Committee on Appropriations |
| 2024-02-06 | House | Committee substitute printed 24107284D-H1 |
| 2024-02-06 | House | Reported from General Laws with substitute (20-Y 0-N) |
| 2024-02-06 | House | Subcommittee recommends referring to Committee on Appropriations |
| 2024-02-06 | House | Subcommittee recommends reporting with substitute (8-Y 0-N) |
| 2024-01-26 | House | Assigned GL sub: ABC/Gaming |
| 2024-01-09 | House | Referred to Committee on General Laws |
| 2024-01-09 | House | Prefiled and ordered printed; offered 01/10/24 24104754D |
Same As/Similar To
SB582 (Similar To) 2024-04-17 - Enacted, Chapter 796 (effective 7/1/24)
Subjects
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 18 | 2 | 246.8 | (n/a) | See Bill Text |
| 18 | 2 | 371.2 | (n/a) | See Bill Text |
| 22 | 1 | 206 | (n/a) | See Bill Text |
| 22 | 1 | 279.6 | (n/a) | See Bill Text |
| 22 | 1 | 79.5 | (n/a) | See Bill Text |
| 58 | 1 | 1021.01 | (n/a) | See Bill Text |
| 58 | 1 | 1021.02 | (n/a) | See Bill Text |
| 58 | 1 | 1021.04:1 | (n/a) | See Bill Text |
| 58 | 1 | 1021.04:5 | (n/a) | See Bill Text |
| 58 | 1 | 1021.06 | (n/a) | See Bill Text |
| 58 | 1 | 1021.09 | (n/a) | See Bill Text |
| 58 | 1 | 1030.1 | (n/a) | See Bill Text |
| 58 | 1 | 1030.7 | (n/a) | See Bill Text |
| 59 | 1 | 293.10 | (n/a) | See Bill Text |
