West Virginia 2024 Regular Session Status: Enacted Bipartisan · 1 R · 1 D cosponsors

SB 755 — Providing safeguards for online sales of tobacco products

Last action — Chapter 216, Acts, Regular Session, 2024

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 12, 2024. Enacted.

Prognosis

Likely to advance 92% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (1 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

1 added · 1 removed

Plain-language change summary

The amended version of SB 755 has updated the title to better reflect its contents, specifically focusing on delivery sales of all tobacco products. It now explicitly prohibits the sale of tobacco to minors and sets clear age verification requirements for online orders. These changes are significant because they aim to tighten regulations around the sale of tobacco products, making it more difficult for underage individuals to access them and ensuring compliance with state tax requirements.

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Previous
Latest
SB755 SFA Stuart #1 2-27Schindzielorz  7892 Senator Stuart moved to amend the bill on page 2, section 1, line 15, after the word “of” by striking out the remainder of the proviso and inserting in lieu thereof the words “any THC, as that term is defined in §19-12E-3 of this code, any hemp-derived cannabinoid, as that term is defined in §19-12E-12 of this code, or any kratom or kratom product, as those terms are defined in §19-12F-3 of this code, is prohibited.”   AdoptedRejected
SB755 HFAT Kirby 3-8Morgan 3345 Delegate Kirby moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:“A BILL to amend and reenact §16-9E-1, §16-9E-2, §16-9E-3, §16-9E-4, §16-9E-5, §16-9E-6, and §16-9E-7 of the Code of West Virginia, 1931, as amended, all relating to the delivery sales of tobacco products;
expanding article to regulate all tobacco products;
defining terms;
clarifying that delivery sale may be via Internet website or mobile application;
prohibiting delivery sales of tobacco products to underage individuals;
requiring delivery sales of tobacco products to comply with certain requirements;
prohibiting persons from accepting a purchase order, selling, mailing, delivering, or causing to be delivered certain tobacco products without complying with certain applicable requirements for age verification, shipping, labeling, registration, and reporting;
authorizing use of check box for confirming certain purchaser information to make purchase order for delivery sale of tobacco products via Internet website or mobile application if certain criteria met;
requiring collection and remission of applicable excise taxes;
and establishing criminal penalties for violations of article”;    AdoptedRejected 
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How this bill changes current law

6 changes Share ↗

Compared against the W. Va. Code as published AI-generated reading aid — verify against the official bill.

The bill redefines several key terms related to the delivery sales of tobacco products and updates the legal minimum purchase age from 18 to 21 years.

  • §16-9E-1

    ‘Legal minimum purchase age’ state shall have the same meaning as provided in §16-9A-1 et seq. of this code. → ‘Legal minimum purchase age’ is at least eighteen 21 years of age as defined by section two, article nine-a of this chapter.

    Updates the legal minimum purchase age for tobacco products from 18 years to 21 years.

  • §16-9E-1

    ‘Delivery sale’ means any sale of a tobacco product to a consumer in this state where either: (A) The consumer submits the order for the sale by means of a telephone or other method of voice transmission, the mail, or the internet or other online service, or the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made; or (B) the tobacco product is delivered to the buyer by common carrier, private delivery service, or other method of remote delivery, or the seller is not in the physical presence of the buyer when the buyer obtains possession of the cigarettes or smokeless tobacco: Provided, That a sale of a tobacco product not for personal consumption to a person who holds a business registration certificate as a wholesale dealer or a retail dealer is not a delivery sale. → ‘Delivery sale’ means any sale of cigarettes a tobacco product to a consumer in this state where either: (1) (A) The purchaser submits the order for such sale by means of a telephonic or other method of voice transmission, the mails or any other delivery service, or the internet or other online service, or the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made; or (2)(B) the cigarettes are delivered by use of the mails or a delivery service. A sale of cigarettes shall be a delivery sale regardless of whether or not the seller is located within this state.

    Clarifies the definition of a delivery sale and specifies that it includes product sold regardless of the seller's location.

  • §16-9E-1

    ‘Mails’ or ‘mailing’ means the shipment of any tobacco product through the United States Postal Service. → ‘Mails’ or ‘mailing’ means the shipment of cigarettes any tobacco product through the United States postal service.

    Extends the definition of 'mails' to include all tobacco products, not just cigarettes.

  • §16-9E-2

    A person shall not, in connection with a delivery sale, accept a purchase order, sell, mail, deliver, or cause to be delivered any tobacco product to any individual who is under the legal minimum purchase age in this state. → A person shall not, make in connection with a delivery sale, of cigarettes accept a purchase order, sell, mail, deliver, or cause to be delivered any tobacco product to any individual who is under the legal minimum purchase age in this state.

    Reformats the language for clarity but does not change the fundamental prohibition on selling to minors.

  • §16-9E-3

    No person shall, in connection with a delivery sale, accept a purchase order, sell, mail, deliver, or cause to be delivered any tobacco product that is subject to 15 U.S.C. §375 et seq. unless the delivery sale complies with all applicable age verification requirements of 15 U.S.C. §376a. → No person A person shall not, mail, ship, or otherwise deliver cigarettes in connection with a delivery sale, unless prior to the first delivery sale to a consumer, the person: accept a purchase order, sell, mail, deliver, or cause to be delivered any tobacco product that is subject to 15 U.S.C. §375 et seq. unless the delivery sale complies with all applicable age verification requirements of 15 U.S.C. §376a.

    Adds details to the requirements for age verification in delivery sales for clarity.

  • §16-9E-4

    Each person who, mails, ships, or otherwise delivers cigarettes shall include as part of the bill of lading or other shipping documents a clear and conspicuous statement providing as follows: ‘Cigarettes: West Virginia Law Prohibits Shipping to Individuals Under 18, and Requires the Payment of all Applicable Taxes’; → Each person who, mails, ships, or otherwise delivers cigarettes A person shall not, in connection with a delivery sale, accept a purchase order, sell, mail, deliver, or cause to be delivered any tobacco product that is subject to 15 U.S.C. §375 et seq. unless the delivery sale complies with all applicable shipping and labeling requirements of 15 U.S.C. §376a.

    Updates the requirements for shipping documentation to include compliance with federal shipping and labeling regulations.

Action History

  1. Chapter 216, Acts, Regular Session, 2024

  2. Approved by Governor 3/27/2024

  3. To Governor 3/19/2024

  4. Approved by Governor 3/27/24 - House Journal

  5. Approved by Governor 3/27/2024 - Senate Journal

  6. To Governor 3/19/24 - House Journal

  7. To Governor 3/19/2024 - Senate Journal

  8. Completed legislative action

  9. Communicated to House

  10. Senate concurred in House amendments and passed bill (Roll No. 493)

  11. House Message received

  12. Communicated to Senate

  13. Title amendment adopted (Voice vote)

  14. Passed House (Roll No. 682)

  15. Read 3rd time

  16. On 3rd reading, Special Calendar

  17. Committee amendment adopted (Voice vote)

  18. Amendment reported by the Clerk

  19. Read 2nd time

  20. On 2nd reading, Special Calendar

  21. Read 1st time

  22. On 1st reading, Special Calendar

  23. With amendment, do pass

  24. To House Judiciary

  25. Introduced in House

  26. Ordered to House

  27. Title amendment adopted

  28. Passed Senate (Roll No. 296)

  29. Floor amendment adopted (Voice vote)

  30. Read 3rd time

  31. On 3rd reading with right to amend

  32. Read 2nd time

  33. On 2nd reading

  34. Read 1st time

  35. Immediate consideration

  36. Committee substitute reported

  37. To Judiciary

  38. Introduced in Senate

  39. To Judiciary

  40. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 131 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (2)

Not signed on (131)

131 members have not signed on to this bill.

Show all 131 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 92 Yea · 3 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 63102
Unaffiliated 23201
Democrat 6002
Total 92305
% of votes cast 92%3%0%5%
How each member voted (100)
Member Party Vote
Ross — Yea
Rowe — Yea
Kirby — Yea
Forsht — Yea
Foster — Yea
Linville — Yea
Smith — Yea
Longanacre — Yea
Steele — Yea
Griffith — Yea
Martin — Yea
Hamilton — Yea
Tully — Yea
Nestor — Yea
Warner — Yea
Westfall — Yea
Devault — Yea
Phillips — Yea
Winzenreid — Yea
Householder — Yea
Espinosa — Yea
Fast — Yea
Jeffries — Yea
Hardy — Nay
Summers — Nay
Kump — Not Voting
Evan Hansen Democrat Yea
Hollis Lewis Democrat Yea
Joey Garcia Democrat Yea
John Williams Democrat Yea
Kayla Young Democrat Not Voting
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Not Voting
Shawn Fluharty Democrat Yea
Adam Burkhammer Republican Yea
Adam Vance Republican Yea
Andy Shamblin Republican Yea
Betsy Kelly Republican Yea
Bill Ridenour Republican Nay
Bob Fehrenbacher Republican Yea
Bryan Ward Republican Yea
Charles Sheedy Republican Yea
Christopher W. Toney Republican Yea
Chuck Horst Republican Yea
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Darren Thorne Republican Yea
Dave Foggin Republican Yea
David Green Republican Yea
Elias Coop-Gonzalez Republican Yea
Eric Brooks Republican Yea
Erica Moore Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
Geno Chiarelli Republican Yea
George Miller Republican Yea
George Street Republican Yea
Henry Dillon Republican Yea
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Yea
Jimmy Willis Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
John Paul Hott Republican Yea
Jonathan Pinson Republican Yea
Jordan Bridges Republican Not Voting
Jordan Maynor Republican Yea
Josh Holstein Republican Yea
Kathie Hess Crouse Republican Yea
Keith Marple Republican Yea
Laura Kimble Republican Yea
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Michael Hite Republican Yea
Michael Hornby Republican Yea
Mickey Petitto Republican Yea
Pat McGeehan Republican Yea
Patrick Lucas Republican Not Voting
Phil Mallow Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Trenton Barnhart Republican Yea
Vacant1 Republican Yea
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
Wayne Clark Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 16000
Unaffiliated 16001
Democrat 1000
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
MARONEY — Not Voting
STOVER — Yea
MARTIN — Yea
STUART — Yea
BOLEY — Yea
SWOPE — Yea
CAPUTO — Yea
NELSON — Yea
PHILLIPS — Yea
PLYMALE — Yea
TRUMP — Yea
HAMILTON — Yea
HUNT — Yea
JEFFRIES — Yea
SMITH — Yea
MR PRESIDENT — Yea
KARNES — Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Ben Queen Republican Yea
Charles H. Clements Republican Yea
Eric Tarr Republican Yea
Jack Woodrum Republican Yea
Jason Barrett Republican Yea
Jay Taylor Republican Yea
Laura Wakim Chapman Republican Yea
Mark R. Maynard Republican Yea
Mike Azinger Republican Yea
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Rollan A. Roberts Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Vince Deeds Republican Yea

Official roll call →

Subjects

healthcare technology
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Frequently asked questions

Who sponsors SB 755?
SB 755 is sponsored by Mike Woelfel (Democrat), Caputo, and Jason Barrett (Republican).
What is the current status of SB 755?
This bill has been enacted into law. Introduced February 12, 2024. Enacted.
Where can I track SB 755?
Track SB 755 free on One Click Politics — get push/email alerts when it moves.

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