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republic-os/legislation/us/states/va/2024/hb-790.md
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Fabio 5a13be122b Legislation: batch E — CA TN VA VT WA WI WV WY 
Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 17:28:36 -04:00

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type, title, description, jurisdiction, legislature, session, identifier, citation, classification, subjects, status, primary_sponsors, version_count, action_count, vote_count, first_action, last_action, source, source_identifier, source_url, source_hash, vintage, source_snapshot, retrieved_at, confidence, tags
type title description jurisdiction legislature session identifier citation classification subjects status primary_sponsors version_count action_count vote_count first_action last_action source source_identifier source_url source_hash vintage source_snapshot retrieved_at confidence tags
Bill Tobacco products retailers; purchase, possession, and sale of retail tobacco products. Registration of tobacco products retailers; purchase, possession, and sale of retail tobacco products; retail tobacco products and liquid nicotine tax; penalties. Prohibits any person from selling any retail tobacco product, as defined in the bill, at retail without first obtaining a permit from the Department of Taxation and prohibits such sale at a location within 1,000 feet of a youth-oriented facility, as defined in the bill. The bill prohibits Internet sales of retail tobacco products, except to a permit-holding retailer, and prohibits the sale of retail tobacco products from vending machines. Under the bill, permits are subject to annual renewal and subject to revocation for violations of federal, state, or local laws related to tobacco products. The bill imposes recordkeeping requirements and makes it a Class 1 misdemeanor to engage in fraud or misrepresentation in connection with an application for a permit. 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 establishment 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, (ii) a civil penalty of $5,000 for a second offense and a 30 day suspension of such establishment's distributor's license, and (iii) a civil penalty of $10,000, revocation of such license, and such distributor shall be ineligible to hold a license for a period of three years following the most recent violation. Under current law, such penalties apply only to the sale, distribution, or purchase of a bidi and do not require a suspension or revocation of the establishment's distributor's license, while violations involving all other products are punishable by a civil penalty of $100 for a first offense, $200 for a second offense, and $500 for a third or subsequent offense. The bill also removes the exception allowing the sale, giving, or furnishing of any tobacco product, nicotine vapor product, or alternative nicotine vapor product to active-duty military personnel who are 18 years of age or older. The bill requires the Department, in collaboration with the Virginia Alcoholic Beverage Control Authority and local law enforcement, to conduct a compliance check every 24 months on any retailer 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. 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.   us/states/va Virginia General Assembly 2024 HB 790 Virginia HB 790 (2024)
bill
enacted
Patrick A. Hope
6 65 14 2024-01-09 2024-04-17 openstates ocd-bill/56da46b0-079f-4e69-af07-ed591158596f https://lis.virginia.gov/cgi-bin/legp604.exe?241+sum+HB790 f09ed76358807828be95beb156327c0e30b842bef4b43b040d30aeb0703dd2bf 2026-07-01 https://data.openstates.org/daily/2026-07-01/public.pgdump 2026-07-06 reported
legislation
bill
us-va

Virginia HB 790 (2024) — Tobacco products retailers; purchase, possession, and sale of retail tobacco products.

Registration of tobacco products retailers; purchase, possession, and sale of retail tobacco products; retail tobacco products and liquid nicotine tax; penalties. Prohibits any person from selling any retail tobacco product, as defined in the bill, at retail without first obtaining a permit from the Department of Taxation and prohibits such sale at a location within 1,000 feet of a youth-oriented facility, as defined in the bill. The bill prohibits Internet sales of retail tobacco products, except to a permit-holding retailer, and prohibits the sale of retail tobacco products from vending machines. Under the bill, permits are subject to annual renewal and subject to revocation for violations of federal, state, or local laws related to tobacco products. The bill imposes recordkeeping requirements and makes it a Class 1 misdemeanor to engage in fraud or misrepresentation in connection with an application for a permit. 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 establishment 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, (ii) a civil penalty of $5,000 for a second offense and a 30 day suspension of such establishment's distributor's license, and (iii) a civil penalty of $10,000, revocation of such license, and such distributor shall be ineligible to hold a license for a period of three years following the most recent violation. Under current law, such penalties apply only to the sale, distribution, or purchase of a bidi and do not require a suspension or revocation of the establishment's distributor's license, while violations involving all other products are punishable by a civil penalty of $100 for a first offense, $200 for a second offense, and $500 for a third or subsequent offense. The bill also removes the exception allowing the sale, giving, or furnishing of any tobacco product, nicotine vapor product, or alternative nicotine vapor product to active-duty military personnel who are 18 years of age or older. The bill requires the Department, in collaboration with the Virginia Alcoholic Beverage Control Authority and local law enforcement, to conduct a compliance check every 24 months on any retailer 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. 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.  

Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

  1. CHAP0821 (committee substitute) — source
  2. Committee substitute printed 24108318D-S1 (committee substitute) — source
  3. Conference substitute printed 24108839D-H2 (committee substitute) — source
  4. HB790EH1 (committee substitute) — source
  5. HB790ER (committee substitute) — source
  6. HB790ER2 (committee substitute) — source

Votes

  • Constitutional reading dispensed (39-Y 0-N) — 39–0 (pass) · upper
  • VOTE: Adoption (86-Y 10-N) — 85–10 (pass) · lower
  • Reported from Appropriations with amendment(s) (20-Y 0-N) — 20–0 (pass) · lower
  • Passed Senate with substitute (39-Y 0-N) — 39–0 (pass) · upper
  • Senate insisted on substitute (39-Y 0-N) — 39–0 (pass) · upper
  • Subcommittee recommends reporting with amendments (7-Y 0-N) — 7–0 (pass) · lower
  • VOTE: Adoption (88-Y 12-N) — 87–12 (pass) · lower
  • Senate concurred in Governor's recommendation (33-Y 7-N) — 33–7 (pass) · upper
  • VOTE: REJECTED (1-Y 95-N) — 1–94 (fail) · lower
  • Conference report agreed to by Senate (21-Y 19-N) — 21–19 (pass) · upper
  • Reported from General Laws with substitute (20-Y 0-N) — 20–0 (pass) · lower
  • Subcommittee recommends reporting with substitute (8-Y 0-N) — 8–0 (pass) · lower
  • VOTE: Passage (87-Y 12-N) — 86–12 (pass) · lower
  • Reported from Finance and Appropriations with substitute (15-Y 0-N) — 15–0 (pass) · upper

Sponsors

  • Patrick A. Hope — primary (person)
  • Holly M. Seibold — cosponsor (person)
  • Joshua E. Thomas — cosponsor (person)
  • Joshua G. Cole — cosponsor (person)
  • Michael B. Feggans — cosponsor (person)
  • Nadarius E. Clark — cosponsor (person)
  • Phil M. Hernandez — cosponsor (person)

Timeline

The legislative action history — every referral, reading, and vote.

  • 2024-01-09 Prefiled and ordered printed; offered 01/10/24 24104754D filing, introduction
  • 2024-01-09 Referred to Committee on General Laws referral-committee
  • 2024-01-26 Assigned GL sub: ABC/Gaming referral-committee
  • 2024-02-05 Impact statement from TAX (HB790)
  • 2024-02-06 House subcommittee amendments and substitutes offered
  • 2024-02-06 Subcommittee recommends reporting with substitute (8-Y 0-N) substitution
  • 2024-02-06 Subcommittee recommends referring to Committee on Appropriations referral-committee
  • 2024-02-06 Reported from General Laws with substitute (20-Y 0-N) committee-passage
  • 2024-02-06 Committee substitute printed 24107284D-H1 substitution
  • 2024-02-06 Referred to Committee on Appropriations referral-committee
  • 2024-02-07 Assigned App. sub: Transportation & Public Safety referral-committee
  • 2024-02-09 Subcommittee recommends reporting with amendments (7-Y 0-N)
  • 2024-02-09 Reported from Appropriations with amendment(s) (20-Y 0-N) committee-passage
  • 2024-02-09 House subcommittee amendments and substitutes offered
  • 2024-02-11 Read first time reading-1
  • 2024-02-12 Read second time reading-2
  • 2024-02-12 Committee on General Laws substitute agreed to 24107284D-H1 substitution
  • 2024-02-12 Committee on Appropriations amendment agreed to amendment-passage
  • 2024-02-12 Engrossed by House - committee substitute with amendment HB790EH1 substitution
  • 2024-02-12 Printed as engrossed 24107284D-EH1
  • 2024-02-13 Read third time and passed House (87-Y 12-N) passage, reading-3
  • 2024-02-13 VOTE: Passage (87-Y 12-N) passage
  • 2024-02-14 Constitutional reading dispensed
  • 2024-02-14 Referred to Committee on Finance and Appropriations referral-committee
  • 2024-02-25 Impact statement from TAX (HB790EH1)
  • 2024-02-27 Senate subcommittee amendments and substitutes offered
  • 2024-02-27 Committee substitute printed 24108318D-S1 substitution
  • 2024-02-27 Constitutional reading dispensed (39-Y 0-N)
  • 2024-02-27 Reported from Finance and Appropriations with substitute (15-Y 0-N) committee-passage
  • 2024-02-28 Read third time reading-3
  • 2024-02-28 Reading of substitute waived
  • 2024-02-28 Committee substitute agreed to 24108318D-S1 substitution
  • 2024-02-28 Engrossed by Senate - committee substitute HB790S1 substitution
  • 2024-02-28 Passed Senate with substitute (39-Y 0-N) passage
  • 2024-02-28 Senate substitute rejected by House 24108318D-S1 (1-Y 95-N)
  • 2024-02-28 VOTE: REJECTED (1-Y 95-N)
  • 2024-02-28 Senate insisted on substitute (39-Y 0-N) substitution
  • 2024-02-28 Senate requested conference committee referral-committee
  • 2024-02-28 House acceded to request
  • 2024-02-28 Conferees appointed by House
  • 2024-02-28 Delegates: Hope, Seibold, Leftwich
  • 2024-02-28 Conferees appointed by Senate
  • 2024-02-28 Senators: Ebbin, Favola, Pillion
  • 2024-03-07 Amended by conference committee
  • 2024-03-07 Conference substitute printed 24108839D-H2
  • 2024-03-08 Conference report agreed to by House (86-Y 10-N) committee-passage-favorable
  • 2024-03-08 VOTE: Adoption (86-Y 10-N)
  • 2024-03-08 Conference report agreed to by Senate (21-Y 19-N) committee-passage-favorable
  • 2024-03-25 Enrolled enrolled
  • 2024-03-25 Bill text as passed House and Senate (HB790ER) passage
  • 2024-03-25 Signed by President passage
  • 2024-03-26 Signed by Speaker passage
  • 2024-03-27 Enrolled Bill communicated to Governor on March 27, 2024 enrolled, executive-receipt
  • 2024-03-27 Governor's Action Deadline 11:59 p.m., April 8, 2024 executive-receipt
  • 2024-04-08 Governor's recommendation received by House executive-veto-line-item
  • 2024-04-17 House concurred in Governor's recommendation (88-Y 12-N)
  • 2024-04-17 VOTE: Adoption (88-Y 12-N)
  • 2024-04-17 Senate concurred in Governor's recommendation (33-Y 7-N)
  • 2024-04-17 Governor's recommendation adopted executive-signature
  • 2024-04-17 Reenrolled enrolled
  • 2024-04-17 Reenrolled bill text (HB790ER2) enrolled
  • 2024-04-17 Signed by Speaker as reenrolled enrolled, passage
  • 2024-04-17 Signed by President as reenrolled enrolled, passage
  • 2024-04-17 Enacted, Chapter 821 (effective 7/1/24) became-law
  • 2024-04-17 Acts of Assembly Chapter text (CHAP0821)

Source

OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/56da46b0-079f-4e69-af07-ed591158596f. Confidence: reported (aggregated from official Virginia legislature records).

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