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Bill Detail: HB19-1033

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Title Local Governments May Regulate Nicotine Products
Status Governor Signed (03/28/2019)
Bill Subjects
  • Liquor, Tobacco, & Marijuana
  • Local Government
House Sponsors C. Kennedy (D)
K. Tipper (D)
Senate Sponsors K. Priola (R)
R. Fields (D)
House Committee Health and Insurance
Senate Committee Health and Human Services
Date Introduced 01/04/2019
Description

Sections 1 through 3 of the bill authorize a county to enact a
resolution or ordinance that prohibits a minor from possessing or
purchasing cigarettes, tobacco products, or nicotine products. Sections 1
and 2 also authorize a county to impose regulations on cigarettes, tobacco
products, or nicotine products that are more stringent than statewide
regulations, including prohibiting sales to a person under 21 years of age,

and section 3 expressly authorizes a county to enact a resolution or
ordinance regulating the sale of cigarettes, tobacco products, or nicotine
products.
From state income tax money, the state currently apportions an
amount equal to 27% of state cigarette tax revenues to cities, towns, and
counties in proportion to the amount of state sales tax revenues collected
within their boundaries. In order to receive their allocation of this money,
cities, towns, and counties are prohibited from imposing their own fees,
licenses, or taxes on cigarette sales or from attempting to impose a tax on
cigarettes. Section 4 removes this prohibition, thus allowing cities, towns,
and counties to impose fees, licenses, or taxes on cigarette sales without
losing their apportioned state cigarette tax revenues.
Section 5 authorizes a county, if approved by a vote of the people
within the county, to impose a special sales tax on the sale of cigarettes,
tobacco products, or nicotine products and provides a mechanism by
which a county's special sales tax applies to a municipality within the
boundary of the county unless the municipality, if approved by a vote of
the people within the municipality, enacts its own such special sales tax;
however, the county and municipality may then enter into an
intergovernmental agreement authorizing the county to continue to levy,
collect, and enforce its special sales tax within the corporate limits of the
municipality.

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