SB 6129 — Concerning the taxation of cigarettes and other nicotine products.
Last action — By resolution, returned to Senate Rules Committee for third reading.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill has passed the Senate. Introduced January 14, 2026. It now moves to the second chamber.
Next likely step: consideration and a floor vote in the House.
Odds of enactment
Moderate chanceBased on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Passed Senate
Current position in the legislative process.
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6 sponsors
1 primary, 5 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (6 D).
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Mixed recorded votes
1 passed, 1 failed in recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
1402 added · 1350 removedPlain-language change summary
The latest version of SB 6129 has dropped the mention of "vapor products" from its title and key sections, now focusing solely on taxation related to cigarettes and other nicotine products. This change simplifies the bill's scope and may help streamline discussions around taxation policies related to traditional tobacco products. Additionally, the new version specifies the inclusion of flavored nicotine products and introduces some new sections, which could help clarify regulations. The impact of these changes could lead to more focused enforcement and potential revenue increases from taxes on specific nicotine items.
ENGROSSEDS-3527.4 SUBSTITUTE SENATE BILL 6129 State of Washington 69th Legislature 2026 Regular Session By Senate Ways & Means (originally sponsored by Senators Robinson, Dhingra, Nobles, Saldaña, Trudeau, and Valdez)Valdez READRead FIRSTfirst TIMEtime 02/23/26.01/14/26.
ANReferred ACT Relating to theCommittee taxationon ofWays cigarettes,& vaporMeans. products, and other products containing tobacco or nicotine;
amendingAN RCWACT 82.26.010,Relating 82.26.020,to 82.26.030,the 82.26.040,taxation 82.26.060,of 82.26.070,cigarettes 82.26.080,and 82.26.090,other 82.26.105,nicotine 82.26.110,products; 82.26.130, 82.26.140, 82.26.150, 82.26.160, 82.26.190, 82.26.200, 82.26.210, 82.26.220, 82.26.230, 82.26.240, 82.26.250, 70.345.010, 70.345.090, 70.345.160, 43.348.080, 82.32.870, 66.44.010, 82.24.550, and 82.19.020;
amending RCW 82.26.010, 82.26.020, 82.26.030, 82.26.040, 82.26.060, 82.26.070, 82.26.080, 82.26.090, 82.26.105, 82.26.110, 82.26.130, 82.26.140, 82.26.150, 82.26.160, 82.26.190, 82.26.200, 82.26.210, 82.26.220, 82.26.230, 82.26.240, 82.26.250, 70.345.010, 70.345.090, 70.345.160, 82.24.010, 43.348.080, 82.32.870, 66.44.010, 82.24.550, and 82.19.020;
adding a new sectionsections to chapter 82.24 RCW;
creating a new sections;section;
and providing effective dates;dates.
providing an expiration date;
and declaring an emergency.
1 ESSBSB 6129 The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(9) "Indian"Flavored country"nicotine product" means theany samenicotine asproduct definedthat inimparts: chapter 82.24 RCW.
(10)(a) (("LittleA cigar"taste meansor asmell, cigarother thatthan hasthe ataste celluloseor acetatesmell integratedof filter.tobacco, distinguishable by an ordinary consumer either before or during the consumption of such product including, but not limited to, the taste or smell of fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, mint, wintergreen, menthol, herb, or spice;
(11)))or "Manufacturer"p. means a person who manufactures and sells ((tobacco)) nicotine products.
(((12)))2 (11)SB "Manufacturer's6129 representative"(b) meansA acooling personor hirednumbing sensation distinguishable by aan manufacturerordinary toconsumer selleither before or distributeduring the manufacturer'sconsumption p.of such nicotine product.
2(10) ESSB"Indian 6129country" ((tobacco))means nicotinethe products,same andas includesdefined employeesin andchapter independent82.24 contractors.RCW.
(((13)(((10) "Moist"Little snuff"cigar" means tobaccoa cigar that ishas finelya cut,cellulose ground,acetate orintegrated powdered;filter.)) (11) "Manufacturer" means a person who manufactures and sells ((tobacco)) nicotine products.
(12) "Manufacturer's representative" means a person hired by a manufacturer to sell or distribute the manufacturer's ((tobacco)) nicotine products, and includes employees and independent contractors.
(13) (("Moist snuff" means tobacco that is finely cut, ground, or powdered;
and is intended to be placed in the oral, but not the nasal, cavity.))cavity. (12) "Nicotine analogue" means a substance:
(14))) "Nicotine analogue" means a substance:
(13)(14) "Nicotine product" means any product, regardless of form, that contains nicotine or a nicotine analogue, whether derived from tobacco or created synthetically, and is intended for human consumption or placement in the oral or nasal cavity or absorption into the human body by any other means.
(14)(15) "Person" means any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, copartnership, joint venture, club, company, joint stock company, business trust, municipal corporation, the state and its departments andp. institutions, political subdivision of the state of Washington, corporation, limited liability company, association, society, any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise.
3 SB 6129 and institutions, political subdivision of the state of Washington, corporation, limited liability company, association, society, any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise.
(15)(((15))) (16) "Place of business" means any place where ((tobacco)) nicotine products are sold or where ((tobacco)) nicotine products are manufactured, stored, or kept for the purpose of sale, including any vessel, vehicle, airplane, train, or vending machine.
p.(((16))) (17) "Retail outlet" means each place of business from which ((tobacco)) nicotine products are sold to consumers.
3(((17))) ESSB(18) 6129"Retailer" (16)means "Retailany outlet"person meansengaged eachin placethe of business fromof whichselling ((tobacco)) nicotine products are sold to ultimate consumers.
(17)(((18))) "Retailer"(19)(a) "Sale" means any persontransfer, engagedexchange, or barter, in theany businessmanner ofor sellingby ((tobacco))any nicotinemeans productswhatsoever, tofor ultimatea consumers.consideration, and includes and means all sales made by any person.
(18)(a)(b) "Sale"The meansterm any"sale" transfer,includes exchange,a orgift barter,by ina anyperson mannerengaged orin bythe anybusiness meansof whatsoever,selling tobacco products, for aadvertising, consideration,promoting, andor includesas anda means allof salesevading madethe byprovisions anyof person.this chapter.
(b)(((19))) The(20)(a) term"Taxable "sale"sales includesprice" ameans: gift by a person engaged in the business of selling ((tobacco)) nicotine products, for advertising, promoting, or as a means of evading the provisions of this chapter.
(19)(a) "Taxable sales price" means:
(iv)p. In the case of a taxpayer that is a manufacturer selling ((tobacco)) nicotine products directly to ultimate consumers, the actual price for which the taxpayer sells those ((tobacco)) nicotine products to ultimate consumers;
(v)4 SB 6129 (iv) In the case of a taxpayer that hasis acquireda manufacturer selling ((tobacco)) nicotine products underdirectly ato saleultimate asconsumers, defined in subsection (18)(b) of this section, the price,actual determinedprice asfor nearlywhich as possible according to the actual price, that the taxpayer orsells otherthose distributors sell the same ((tobacco)) nicotine products or similar ((tobacco)) nicotine products of like quality and character to unaffiliated distributors, unaffiliated retailers, or ultimate consumers;
(v) In the case of a taxpayer that has acquired ((tobacco)) nicotine products under a sale as defined in subsection (((18))) (19)(b) of this section, the price, determined as nearly as possible according to the actual price, that the taxpayer or p.other distributors sell the same ((tobacco)) nicotine products or similar ((tobacco)) nicotine products of like quality and character to unaffiliated distributors, unaffiliated retailers, or ultimate consumers;
4or ESSB 6129 (vi) In any case where (a)(i) through (v) of this subsection do not apply, the price, determined as nearly as possible according to the actual price, that the taxpayer or other distributors sell the same ((tobacco)) nicotine products or similar ((tobacco)) nicotine products of like quality and character to unaffiliated distributors, unaffiliated retailers, or ultimate consumers.
(b) For purposes of (a)(i) and (ii) of this subsection only, "person" includes both persons as defined in subsection (14)(((14))) (15) of this section and any person immune from state taxation, including the United States or its instrumentalities, and federally recognized Indian tribes and enrolled tribal members, conducting business within Indian country.
(20)(((20))) (21) "Taxpayer" means a person liable for the tax imposed by this chapter.
(21)(((21))) (22) "Tobacco products" means cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco, snuff, snuff flour, cavendish, plug and twist tobacco, fine-cut and other chewing tobaccos, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking, and any other product, regardless of form, that contains tobacco ((or nicotine, whether derived from tobacco or created synthetically, and is intended for human consumption or placement in the oral or nasal cavity or absorption into the human body by any other means, but does not include cigarettes as defined in RCW 82.24.010p. or a drug, device, or combination product approved, as of December 31, 2024, for sale by the United States food and drug administration, as those terms are defined in the federal food, drug, and cosmetic act (21 U.S.C.
5 SB 6129 82.24.010 or a drug, device, or combination product approved, as of December 31, 2024, for sale by the United States food and drug administration, as those terms are defined in the federal food, drug, and cosmetic act (21 U.S.C.
(22)(((22))) (23) "Unaffiliated distributor" means a distributor that is not affiliated with the manufacturer, distributor, or other person from whom the distributor has purchased ((tobacco)) nicotine products.
(23)(((23))) (24) "Unaffiliated retailer" means a retailer that is not affiliated with the manufacturer, distributor, or other person from whom the retailer has purchased ((tobacco)) nicotine products.
Show all 251 changed lines (211 more)
p.(25)(a) "Vapor product" means any noncombustible product containing a solution or other consumable substance that contains nicotine, which employs a mechanical heating element, battery, or electronic circuit regardless of shape or size that can be used to produce vapor from the solution or other substance, including an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.
5 ESSB 6129 (24)(a) "Vapor product" means any noncombustible product containing a solution or other consumable substance that contains nicotine, which employs a mechanical heating element, battery, or electronic circuit regardless of shape or size that can be used to produce vapor from the solution or other substance, including an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.
(b) "VaporVapor product"products does not include:
or (ii) Any product that meets the definition of cannabis, useable cannabis, cannabis concentrates, cannabis-infused products, cigarette, or tobacco products;products.
or(c) (iii)For Therapeuticpurposes nicotineof cessationthis productssubsection that(25), are"cannabis," approved"useable bycannabis," the"cannabis Unitedconcentrates," States food and drug"cannabis-infused administrationproducts" ashave athe drug,same device,meaning or combination product, as ofprovided December 31, 2025, as those terms are defined in theRCW federal69.50.101. food, drug, and cosmetic act, 21 U.S.C.
301 et seq., as it exists on January 1, 2027.
(c) For purposes of this subsection (24), "cannabis," "useable cannabis," "cannabis concentrates," and "cannabis-infused products" have the same meaning as provided in RCW 69.50.101.
Sec.
(a)p. For cigars except little cigars, ninety-five percent of the taxable sales price of cigars, not to exceed sixty-five cents per cigar;
6 SB 6129 (a) For cigars except little cigars, ninety-five percent of the taxable sales price of cigars, not to exceed sixty-five cents per cigar;
The tax imposed on a product under this subsection must be reduced by fifty percent if that same product is issued a modified risk tobacco product order by the secretary of the United States p.department of health and human services pursuant to Title 21 U.S.C.
6 ESSB 6129 department of health and human services pursuant to Title 21 U.S.C.
and (d) For little cigars, an amount per cigar equal to the cigarette tax under chapter 82.24 RCW)) a rate of 9590 percent of the taxable sales price.
(2) TaxesThere underis thislevied sectionand mustcollected bean imposedadditional attax theupon time the distributorsale, (a)handling, brings, or causesdistribution toof beall brought,flavored into this state from without the state ((tobacco)) nicotine products for sale, (b) makes, manufactures, fabricates, or stores ((tobacco)) nicotine products in this state forat salea inrate thisof state,10 (c)percent shipsof orthe transportstaxable ((tobacco))sales nicotineprice. products to retailers in this state, to be sold by those retailers, or (d) handles for sale any ((tobacco)) nicotine products that are within this state but upon which tax has not been imposed.
(((3)(3) TheTaxes moneys collected under this section must be depositedimposed at the time the distributor (a) brings, or causes to be brought, into this state from without the state general((tobacco)) fund.))nicotine NEWproducts SECTION.for sale, (b) makes, manufactures, fabricates, or stores ((tobacco)) nicotine products in this state for sale in this state, (c) ships or transports ((tobacco)) nicotine products to retailers in this state, to be sold by those retailers, or (d) handles for sale any ((tobacco)) nicotine products that are within this state but upon which tax has not been imposed.
p.
7 SB 6129 (((3) The moneys collected under this section must be deposited into the state general fund.)) NEW SECTION.
(2)(a) The moneys collected under this chapter on vapor productsproducts, including flavored vapor products, must be deposited as follows:
p.(i) 50 percent into the Andy Hill cancer research endowment fund match transfer account created in RCW 43.348.080 and 50 percent into the foundational public health services account created in RCW 82.25.015 (as recodified by this act) until such time as distributions to the Andy Hill cancer research endowment fund match transfer account reach $10,000,000 each fiscal year;
7 ESSB 6129 (i) 50 percent into the Andy Hill cancer research endowment fund match transfer account created in RCW 43.348.080 and 50 percent into the foundational public health services account created in RCW 82.25.015 (as recodified by this act) until such time as distributions to the Andy Hill cancer research endowment fund match transfer account reach $10,000,000 each fiscal year;
(3) For purposes of this section,section: "consumer price index" means the consumer price index for all urban consumers, all items, for the Seattle area as calculated by the United States bureau of labor statistics or its successor agency.
p.
8 SB 6129 (a) "Consumer price index" means the consumer price index for all urban consumers, all items, for the Seattle area as calculated by the United States bureau of labor statistics or its successor agency.
(b) "Flavored vapor product" means any vapor product that meets the definition of flavored nicotine product as those terms are defined in RCW 82.26.010.
It is the further intent and purpose of this chapter to impose the tax once, and only once, on all ((tobacco)) nicotine products for sale in this state, but nothing in p.this chapter may be construed to exempt any person taxable under any other law or under any other tax imposed under ((Title 82 RCW)) this title.
8 ESSB 6129 this chapter may be construed to exempt any person taxable under any other law or under any other tax imposed under ((Title 82 RCW)) this title.
(1) Every distributor must keep at each place of business complete and accurate records for that place of business, including itemized invoices, of ((tobacco)) nicotine products held, purchased, manufactured, brought in or caused to be brought in from without the state,p. or shipped or transported to retailers in this state, and of all sales of ((tobacco)) nicotine products made.
9 SB 6129 state, or shipped or transported to retailers in this state, and of all sales of ((tobacco)) nicotine products made.
If the department, board, or any of its agents p.or employees, are denied free access or are hindered or interfered with in making such examination, the registration certificate issued under RCW 82.32.030 of the distributor at such premises is subject to revocation, and any licenses issued under this chapter or chapter 82.24 or 70.345 RCW are subject to suspension or revocation, by the department or board.
9 ESSB 6129 or employees, are denied free access or are hindered or interfered with in making such examination, the registration certificate issued under RCW 82.32.030 of the distributor at such premises is subject to revocation, and any licenses issued under this chapter or chapter 82.24 or 70.345 RCW are subject to suspension or revocation, by the department or board.
(2)p. The retailer must keep at each retail outlet copies of complete, accurate, and legible invoices for that retail outlet or place of business.
10 SB 6129 (2) The retailer must keep at each retail outlet copies of complete, accurate, and legible invoices for that retail outlet or place of business.
p.Sec.
10 ESSB 6129 Sec.
(1) For the purposes of obtaining information concerning any matter relating to the administration or enforcement of this chapter, the department, the board, or any of its agents may inspect the books, documents, or records of any person transporting ((tobacco)) nicotine products for sale to any person or entity in the state, and books, documents, or records containing any information relating to the transportation or possession of ((tobacco)) nicotine products for sale in the possession of a specific common carrier as defined in RCW 81.80.010 doing business in this state, or books, documents, and recordsp. of vehicle rental agencies whose vehicles are being rented for the purpose of transporting contraband ((tobacco)) nicotine products.
11 SB 6129 records of vehicle rental agencies whose vehicles are being rented for the purpose of transporting contraband ((tobacco)) nicotine products.
(1)(a) Where ((tobacco)) nicotine products upon which the tax imposed by this chapter has been reported and paid are shipped or transported outside this state by the distributor to a person engaged in the business of selling ((tobacco)) nicotine products, to be sold by that person, or are returned to the manufacturer by the distributor or destroyed by the distributor, or are sold by the distributor to the United States or any of its agencies or p.instrumentalities, or are sold by the distributor to any Indian tribal organization, credit of such tax may be made to the distributor in accordance with rules prescribed by the department.
11 ESSB 6129 instrumentalities, or are sold by the distributor to any Indian tribal organization, credit of such tax may be made to the distributor in accordance with rules prescribed by the department.
(2)p. Credit allowed under this section shall be determined based on the tax rate in effect for the period for which the tax imposed by this chapter, for which a credit is sought, was paid.
12 SB 6129 (2) Credit allowed under this section shall be determined based on the tax rate in effect for the period for which the tax imposed by this chapter, for which a credit is sought, was paid.
p.Sec.
12 ESSB 6129 Sec.
(3) In any case where the department or the board, or any peace officer of the state, has knowledge or reasonable grounds to believe that any vehicle is transporting ((tobacco)) nicotine products in violationp. of this section, the department, the board, or peace officer, is authorized to stop the vehicle and to inspect it for contraband ((tobacco)) nicotine products.
13 SB 6129 violation of this section, the department, the board, or peace officer, is authorized to stop the vehicle and to inspect it for contraband ((tobacco)) nicotine products.
In addition, for p.the purpose of reviewing an application for a distributor's license or retailer's license and for considering the denial, suspension, or revocation of any such license, the board may consider criminal conduct of the applicant, including an administrative violation history record with the board and a criminal history record information check within the previous five years, in any state, tribal, or federal jurisdiction in the United States, its territories, or possessions, and the provisions of RCW 9.95.240 and chapter 9.96A RCW do not apply to such cases.
13 ESSB 6129 the purpose of reviewing an application for a distributor's license or retailer's license and for considering the denial, suspension, or revocation of any such license, the board may consider criminal conduct of the applicant, including an administrative violation history record with the board and a criminal history record information check within the previous five years, in any state, tribal, or federal jurisdiction in the United States, its territories, or possessions, and the provisions of RCW 9.95.240 and chapter 9.96A RCW do not apply to such cases.
(4)p. Each license issued under this chapter expires on the business license expiration date.
14 SB 6129 (4) Each license issued under this chapter expires on the business license expiration date.
If a distributor sells or intends to sell ((tobacco)) nicotine products at two or more places of business, whether p.established or temporary, a separate license with a license fee of ((one hundred fifteen dollars)) $115 shall be required for each additional place of business.
14 ESSB 6129 established or temporary, a separate license with a license fee of ((one hundred fifteen dollars)) $115 shall be required for each additional place of business.
Any person who sells ((tobacco)) nicotine products to ultimate consumers mustp. obtain a retailer's license under this chapter or chapter 70.345 RCW.
15 SB 6129 must obtain a retailer's license under this chapter or chapter 70.345 RCW.
p.(b) No person, other than a licensed distributor or retailer, may transport ((tobacco)) nicotine products for sale in this state for which the taxes imposed under this chapter have not been paid unless:
15 ESSB 6129 (b) No person, other than a licensed distributor or retailer, may transport ((tobacco)) nicotine products for sale in this state for which the taxes imposed under this chapter have not been paid unless:
(4)p. The penalties provided in this section are in addition to any other penalties provided by law for violating the provisions of this chapter or the rules adopted under this chapter.
16 SB 6129 (4) The penalties provided in this section are in addition to any other penalties provided by law for violating the provisions of this chapter or the rules adopted under this chapter.
(2) Every distributor licensed under this chapter or chapter 70.345 RCW must sell ((tobacco)) nicotine products to retailers p.located in Washington only if the retailer has a current retailer's license under this chapter.
16 ESSB 6129 located in Washington only if the retailer has a current retailer's license under this chapter.
Sec.p.
17 SB 6129 Sec.
The board, upon finding that the licensee has failed to comply with any provision of this chapter or of any rule adopted under it, must, in the case of the first offense, suspend the license or licenses of the licensee for a period of not less than ((thirty)) 30 consecutive business days, and in the case of a second or further offense, suspend the license or licenses for a period of not less than ((ninety)) 90 consecutive business days but not more than ((twelve)) p.12 months, and in the event the board finds the licensee has been guilty of willful and persistent violations, it may revoke the license or licenses.
17 ESSB 6129 12 months, and in the event the board finds the licensee has been guilty of willful and persistent violations, it may revoke the license or licenses.
(7)p. Any determination and order by the board, and any order of suspension or revocation by the board of the license or licenses issued under this chapter or chapter 70.345 RCW, or refusal to reinstate a license or licenses after revocation is reviewable by an appeal to the superior court of Thurston county.
18 SB 6129 (7) Any determination and order by the board, and any order of suspension or revocation by the board of the license or licenses issued under this chapter or chapter 70.345 RCW, or refusal to reinstate a license or licenses after revocation is reviewable by an appeal to the superior court of Thurston county.
(1) Any ((tobacco)) nicotine products in the possession of a person selling ((tobacco)) nicotine products in this state acting as a distributor or retailer and who is not licensed as required under RCW 82.26.190, or a person who is selling ((tobacco)) nicotine products in violation of RCW 82.26.220(6), may be seized without a warrant by any agent of the department, agent of the board, or law p.enforcement officer of this state.
18 ESSB 6129 enforcement officer of this state.
(a) A conveyance used by any person as a common or contract carrier having in actual possession invoices or delivery tickets showing the true name and address of the consignor or seller, the true name of the consignee or purchaser, and the quantity and brands ofp. the ((tobacco)) nicotine products transported, unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;
19 SB 6129 of the ((tobacco)) nicotine products transported, unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;
p.(5) This section shall not be construed to require the seizure of ((tobacco)) nicotine products if the department's agent, board's agent, or law enforcement officer reasonably believes that the ((tobacco)) nicotine products are possessed for personal consumption by the person in possession of the ((tobacco)) nicotine products.
19 ESSB 6129 (5) This section shall not be construed to require the seizure of ((tobacco)) nicotine products if the department's agent, board's agent, or law enforcement officer reasonably believes that the ((tobacco)) nicotine products are possessed for personal consumption by the person in possession of the ((tobacco)) nicotine products.
or (b)p. Sell the ((tobacco)) nicotine products at public auction to the highest bidder after due advertisement.
20 SB 6129 (b) Sell the ((tobacco)) nicotine products at public auction to the highest bidder after due advertisement.
p.Sec.
20 ESSB 6129 Sec.
NEW SECTION.
A new section is added to chapter 82.26 RCW to read as follows:
The tax under this chapter does not apply to preexisting inventories of nicotine products for which tax was paid by the distributor under RCW 82.26.020 before the effective date of this section.
For purposes of this section, "preexisting inventory" means an inventory of nicotine products located in this state as of the moment this section takes effect and is held by a distributor or retailer for sale, handling, or distribution in this state.
Sec.
124.
(2)p. "Business" means any trade, occupation, activity, or enterprise engaged in for the purpose of selling or distributing vapor products in this state.
21 SB 6129 (2) "Business" means any trade, occupation, activity, or enterprise engaged in for the purpose of selling or distributing vapor products in this state.
(4) "Closed system nicotine container" means a sealed, prefilled, and disposable container of nicotine in a solution or other form in which such container is inserted directly into an electronic cigarette, electronic nicotine delivery system, or other similar product, if the nicotine in the container is inaccessible through p.customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion or other contact by children.
21 ESSB 6129 customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion or other contact by children.
(8) "Liquid nicotine container" means a package from which nicotine in a solution or other form is accessible through normal and foreseeable use by a consumer and that is used to hold soluble nicotinep. in any concentration.
22 SB 6129 nicotine in any concentration.
(10) "Person" means any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, copartnership, joint venture, club, company, joint stock company, business trust, municipal corporation, the state and its departments and institutions, political subdivision of the state of Washington, corporation, limited liability company, association, society, any p.group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise.
22 ESSB 6129 group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise.
(18) "Vapor product" means any noncombustible product that may contain nicotine and that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor or aerosol from a solution or other substance.
(a) "Vapor product" includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container that may contain nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.
23 ESSBSB 6129 (b)(18) "Vapor product" doesmeans not include any noncombustible product that meetsmay thecontain definitionnicotine and that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of cannabis,shape useableor cannabis,size, cannabisthat concentrates,can cannabis-infusedbe products,used cigarette,to produce vapor or tobaccoaerosol products.from a solution or other substance.
(a) "Vapor product" includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container that may contain nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.
(b) "Vapor product" does not include any product that meets the definition of cannabis, useable cannabis, cannabis concentrates, cannabis-infused products, cigarette, or tobacco products.
125.124.
(4) A delivery sale licensee must not accept a purchase or order from any person without first obtaining the full name, birthdate, and residential address of that person and verifying this information through an independently operated third-party database or aggregate of databases, which includes data from government sources, that are regularlyp. used by government and businesses for the purpose of age and identity verification and authentication.
24 SB 6129 regularly used by government and businesses for the purpose of age and identity verification and authentication.
The purchaser must return p.the signed certification form to the licensee before the initial shipment of product.
24 ESSB 6129 the signed certification form to the licensee before the initial shipment of product.
(11)p. The attorney general may seek an injunction in superior court to restrain a threatened or actual violation of this section and to compel compliance with this section.
25 SB 6129 (11) The attorney general may seek an injunction in superior court to restrain a threatened or actual violation of this section and to compel compliance with this section.
p.(b) If a court determines that a person has violated this section, the court shall order any profits, gain, gross receipts, or other benefit from the violation to be disgorged and paid to the state treasurer for deposit in the general fund.
25 ESSB 6129 (b) If a court determines that a person has violated this section, the court shall order any profits, gain, gross receipts, or other benefit from the violation to be disgorged and paid to the state treasurer for deposit in the general fund.
126.125.
(3)(a) For the purpose of enforcing the provisions of this chapter, an enforcement officer of the board who has reasonable grounds to believe a person observed by the officer in proximity to a retailer licensee under this chapter and chapter ((82.25)) 82.26 RCW whop. is purchasing, attempting to purchase, or in possession of vapor products is under eighteen years of age, may detain such person in proximity to such retailer for a reasonable period of time and in such a reasonable manner as is necessary to determine the person's true identity and date of birth.
26 SB 6129 who is purchasing, attempting to purchase, or in possession of vapor products is under eighteen years of age, may detain such person in proximity to such retailer for a reasonable period of time and in such a reasonable manner as is necessary to determine the person's true identity and date of birth.
p.(ii) Information on the nature of each interaction, including the duration of the interaction, the justification for the interaction, the number of such persons who were under 18 years of age, the number of such persons who were over 18 but under 21 years of age, and whether any citation or warning was issued;
26 ESSB 6129 (ii) Information on the nature of each interaction, including the duration of the interaction, the justification for the interaction, the number of such persons who were under 18 years of age, the number of such persons who were over 18 but under 21 years of age, and whether any citation or warning was issued;
(5)p. The board, law enforcement, or a local health department may, with parental authorization, include persons under the age of 18 in compliance activities.
27 SB 6129 (5) The board, law enforcement, or a local health department may, with parental authorization, include persons under the age of 18 in compliance activities.
(b) If the analyzed vapor product contains an ingredient, substance, or solution present in quantities injurious to human health or posing a significant risk to public health, as determined p.by the secretary of health or a local health jurisdiction, the board may suspend the license of the retailer or delivery sale licensee unless the retailer or delivery sale licensee agrees to remove the product from sales;
27 ESSB 6129 by the secretary of health or a local health jurisdiction, the board may suspend the license of the retailer or delivery sale licensee unless the retailer or delivery sale licensee agrees to remove the product from sales;
127.126.
(7)p. RCW 82.25.040 (Itemized invoice requirement — Retailers) and 2019 c 445 s 108;
28 SB 6129 (7) RCW 82.25.040 (Itemized invoice requirement—Retailers) and 2019 c 445 s 108;
(10) RCW 82.25.060 (Invoice requirementsrequirements—Rules—Liability) — Rules— Liability) and 2019 c 445 s 112;
p.(14) RCW 82.25.080 (Distributor and retailer license requirements) and 2019 c 445 s 116;
28 ESSB 6129 (14) RCW 82.25.080 (Distributor and retailer license requirements) and 2019 c 445 s 116;
PART II CIGARETTE TAX NEWSec. SECTION.
Sec.
RCW 82.24.010 and 2020 c 139 s 29 are each amended to read as follows:
p.
29 SB 6129 The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Board" means the liquor and cannabis board.
(2) "Cigarette" means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and irrespective of the tobacco being flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover made of paper or any material, except where such wrapper is wholly or in the greater part made of natural leaf tobacco in its natural state.
"Cigarette" includes a roll-your-own cigarette.
(3) "Cigarette paper" means any paper or any other material except tobacco, prepared for use as a cigarette wrapper.
(4) "Cigarette tube" means cigarette paper made into a hollow cylinder for use in making cigarettes.
(5) "Commercial cigarette-making machine" means a machine that is operated in a retail establishment and that is capable of being loaded with loose tobacco, cigarette paper or tubes, and any other components related to the production of roll-your-own cigarettes, including filters.
(6) "Flavored cigarette" means any cigarette that imparts:
(a) A taste or smell, other than the taste or smell of tobacco, distinguishable by an ordinary consumer either before or during the consumption of such cigarette product including, but not limited to, the taste or smell of fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, mint, wintergreen, menthol, herb, or spice;
or (b) A cooling or numbing sensation distinguishable by an ordinary consumer either before or during the consumption of such cigarette product.
(7) "Indian tribal organization" means a federally recognized Indian tribe, or tribal entity, and includes an Indian wholesaler or retailer that is owned by an Indian who is an enrolled tribal member conducting business under tribal license or similar tribal approval within Indian country.
For purposes of this chapter "Indian country" is defined in the manner set forth in 18 U.S.C.
Sec.
1151.
(((7))) (8) "Precollection obligation" means the obligation of a seller otherwise exempt from the tax imposed by this chapter to collect the tax from that seller's buyer.
(((8))) (9) "Retailer" means every person, other than a wholesaler, who purchases, sells, offers for sale or distributes any p.
30 SB 6129 one or more of the articles taxed herein, irrespective of quantity or amount, or the number of sales, and all persons operating under a retailer's registration certificate.
(((9))) (10) "Retail selling price" means the ordinary, customary or usual price paid by the consumer for each package of cigarettes, less the tax levied by this chapter and less any similar tax levied by this state.
(((10))) (11) "Roll-your-own cigarettes" means cigarettes produced by a commercial cigarette-making machine.
(((11))) (12) "Stamp" means the stamp or stamps by use of which the tax levy under this chapter is paid or identification is made of those cigarettes with respect to which no tax is imposed.
(((12))) (13) "Wholesaler" means every person who purchases, sells, or distributes any one or more of the articles taxed herein to retailers for the purpose of resale only.
(((13))) (14) The meaning attributed, in chapter 82.04 RCW, to the words "person," "sale," "business" and "successor" applies equally in this chapter.
NEW SECTION.
Sec.
202.
The adjusted applicable amounts calculated under this p.subsection (2) take effect for taxes due in January of the calendar year that is two years after the year of the calculation.
29(3) ESSBAll 6129revenue subsectioncollected (2)under takethis effectsection formust taxesbe duedeposited ininto January of the calendarstate yeargeneral thatfund. is two years after the year of the calculation.
(3)p. The first $10,000,000 collected under this section each fiscal year must be deposited in the youth tobacco and vapor products prevention account created in RCW 70.155.120.
Any31 additionalSB revenue6129 collected(4) underFor purposes of this sectionsection, must"consumer beprice depositedindex" intomeans the stateconsumer generalprice fund.index for all urban consumers, all items, for the Seattle area as calculated by the United States bureau of labor statistics or its successor agency.
(4)NEW ForSECTION. purposes of this section, "consumer price index" means the consumer price index for all urban consumers, all items, for the Seattle area as calculated by the United States bureau of labor statistics or its successor agency.
Sec.
203.
A new section is added to chapter 82.24 RCW to read as follows:
(1) In addition to the tax imposed upon the sale, use, consumption, handling, possession, or distribution of cigarettes set forth in RCW 82.24.020, 82.24.026, and section 202 of this act, there is imposed a tax in an amount equal to $0.025 per flavored cigarette.
(2) All revenue collected under this section must be deposited into the state general fund.
(1) The governor may seek government-to-government consultations with federally recognized Indian tribes for the purpose of amending existing and future cigarette tax contracts and vapor product tax contracts, as authorized in RCW 43.06.455, 43.06.465, 43.06.466, 43.06.505, 43.06.510, and 43.06.515, in accordance with the state taxes on cigarettes, nicotine products, and vapor products, as modified by this act.
(2) TheEach governoramended maycontract delegatemust theinclude authoritya torequirement renegotiatethat a tribal tax be imposed on flavored cigarette and vaporflavored productnicotine taxproducts contractsat witha federallyrate recognizedthat Indianis tribesequal to the departmentstate ofrate revenue.imposed on such products.
PART(3) IVThe SECTIONgovernor 301,may CHAPTERdelegate 422,the LAWSauthority OFto 2025renegotiate NEWcigarette SECTION.and vapor product tax contracts with federally recognized Indian tribes to the department of revenue.
PART IV MISCELLANEOUS Sec.
A new section is added to chapter 82.26 RCW to read as follows:
(1) The tax under this chapter does not apply to preexisting inventories of vapor products for which tax was paid under RCW 82.25.010 prior to January 1, 2026.
(2) For the purposes of this section:
(a) "Preexisting inventory" means an inventory of vapor products located in this state as of the effective date of this section and p.
30 ESSB 6129 held by a distributor or retailer for sale, handling, or distribution in this state.
(b) "Vapor product" has the same meaning as defined in RCW 82.25.005.
(3) This section expires July 1, 2027.
PART V MISCELLANEOUS Sec.
501.
(1)p. The Andy Hill cancer research endowment fund match transfer account is created in the custody of the state treasury to be used solely and exclusively for the program created in RCW 43.348.040.
32 SB 6129 (1) The Andy Hill cancer research endowment fund match transfer account is created in the custody of the state treasury to be used solely and exclusively for the program created in RCW 43.348.040.
p.(4) Each fiscal biennium, the legislature must appropriate to the department of commerce such amounts as estimated to be the balance of the match transfer account to provide state matching funds.
31 ESSB 6129 (4) Each fiscal biennium, the legislature must appropriate to the department of commerce such amounts as estimated to be the balance of the match transfer account to provide state matching funds.
(6) The department and board must enter into an appropriate agreement with the program administrator to demonstrate exchange of considerationp. for the expenditures from the match transfer account that are subject to subsection (5) of this section.
33 SB 6129 consideration for the expenditures from the match transfer account that are subject to subsection (5) of this section.
502.402.
(3) The department may not make any adjustments to an estimate under subsection (1) of this section after the state treasurer makes p.the corresponding distribution under subsection (2) of this section based on the department's estimate.
32 ESSB 6129 the corresponding distribution under subsection (2) of this section based on the department's estimate.
503.403.
(1) All county and municipal peace officers are hereby charged with the duty of investigating and prosecuting all violations of this title, and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor, and all fines imposed for violations of this title and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor belong to the county, city or town wherein the court imposing the fine is located,p. and must be placed in the general fund for payment of the salaries of those engaged in the enforcement of the provisions of this title and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor.
34 SB 6129 located, and must be placed in the general fund for payment of the salaries of those engaged in the enforcement of the provisions of this title and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor.
They have the power to arrest without a warrant any person or persons found in the act of p.violating any of the penal provisions of this title or of any penal law of this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor, and the provisions of chapters 82.24((,)) and 82.26((, and 82.25)) RCW.
33 ESSB 6129 violating any of the penal provisions of this title or of any penal law of this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor, and the provisions of chapters 82.24((,)) and 82.26((, and 82.25)) RCW.
504.404.
The board may revoke or suspend the license or permit of any wholesale or retail cigarette dealerp. in the state upon sufficient cause appearing of the violation of this chapter or upon the failure of such licensee to comply with any of the provisions of this chapter.
35 SB 6129 dealer in the state upon sufficient cause appearing of the violation of this chapter or upon the failure of such licensee to comply with any of the provisions of this chapter.
(6) A person whose license has been suspended or revoked may not sell cigarettes, vapor products, or tobacco products or permit p.cigarettes, vapor products, or tobacco products to be sold during the period of such suspension or revocation on the premises occupied by the person or upon other premises controlled by the person or others or in any other manner or form whatever.
34 ESSB 6129 cigarettes, vapor products, or tobacco products to be sold during the period of such suspension or revocation on the premises occupied by the person or upon other premises controlled by the person or others or in any other manner or form whatever.
(8)p. If the board makes an initial decision to deny a license or renewal, or suspend or revoke a license, the applicant may request a hearing subject to the applicable provisions under Title 34 RCW.
36 SB 6129 (8) If the board makes an initial decision to deny a license or renewal, or suspend or revoke a license, the applicant may request a hearing subject to the applicable provisions under Title 34 RCW.
505.405.
p.(11) Plastic or fiber containers made of synthetic material.
35 ESSB 6129 (11) Plastic or fiber containers made of synthetic material.
506.406.
507.407.
508.408.
If any provision of this act or its application to any person or circumstance is held invalid, the remainderp. of the act or the application of the provision to other persons or circumstances is not affected.
37 SB 6129 remainder of the act or the application of the provision to other persons or circumstances is not affected.
509.409.
Sections 101 through 126 and 502402 through 506406 of this act take effect JanuaryJuly 1, 2027.
510.410.
SectionSections 201 through 203 of this act takestake effect January 1, 2028.
NEW SECTION.
Sec.
511.
Section 401 of this act applies retroactively to January 1, 2026, as well as prospectively.
NEW SECTION.
Sec.
512.
Section 401 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
3638 ESSBSB 6129
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View plain text versions (3)
- Bill View text Current pdf
- Substitute Engrossed Substitute Bill pdf
- Substitute Substitute Bill pdf
Action History
-
By resolution, returned to Senate Rules Committee for third reading.
-
Executive session scheduled, but no action was taken in the House Committee on Finance at 9:00 AM.
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Public hearing in the House Committee on Finance at 8:00 AM.
-
First reading, referred to Finance.
-
Third reading, passed; yeas, 26; nays, 22; absent, 0; excused, 1.
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Rules suspended. Placed on Third Reading.
-
Floor amendment(s) adopted.
-
1st substitute bill substituted (WM 26).
-
Placed on second reading by Rules Committee.
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Passed to Rules Committee for second reading.
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Minority; do not pass.
-
WM - Majority; 1st substitute bill be substituted, do pass.
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Executive action taken in the Senate Committee on Ways & Means at 4:00 PM.
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Public hearing in the Senate Committee on Ways & Means at 4:00 PM.
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First reading, referred to Ways & Means.
Sponsors
- Yasmin Trudeau · Cosponsor
- Rebecca Saldaña · Cosponsor
- T'wina Nobles · Cosponsor
- Manka Dhingra · Cosponsor
- June Robinson · Primary
- Javier Valdez · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 5 co-sponsors · 145 not signed on · 41 voted No
Sponsors (1)
- June Robinson Democrat Voted No
Co-sponsors (5)
- Yasmin Trudeau Democrat Voted No
- Rebecca Saldaña Democrat Voted No
- T'wina Nobles Democrat Voted No
- Manka Dhingra Democrat Voted No
- Javier Valdez Democrat Voted No
Not signed on (145)
145 members have not signed on to this bill.
Show all 145 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 25 | 5 | 0 | 0 |
| Republican | 1 | 17 | 0 | 1 |
| Total | 26 | 22 | 0 | 1 |
| % of votes cast | 53% | 45% | 0% | 2% |
How each member voted (49)
| Member | Party | Vote |
|---|---|---|
| Adrian Cortes | Democrat | Nay |
| Annette Cleveland | Democrat | Yea |
| Bob Hasegawa | Democrat | Nay |
| Claire Wilson | Democrat | Yea |
| Claudia Kauffman | Democrat | Nay |
| Deborah Krishnadasan | Democrat | Nay |
| Derek Stanford | Democrat | Yea |
| Drew Hansen | Democrat | Yea |
| Emily Alvarado | Democrat | Yea |
| Jamie Pedersen | Democrat | Yea |
| Javier Valdez | Democrat | Yea |
| Jesse Salomon | Democrat | Yea |
| Jessica Bateman | Democrat | Yea |
| John Lovick | Democrat | Yea |
| June Robinson | Democrat | Yea |
| Lisa Wellman | Democrat | Yea |
| Liz Lovelett | Democrat | Nay |
| Manka Dhingra | Democrat | Yea |
| Marcus Riccelli | Democrat | Yea |
| Marko Liias | Democrat | Yea |
| Mike Chapman | Democrat | Yea |
| Noel Frame | Democrat | Yea |
| Rebecca Saldaña | Democrat | Yea |
| Sharon Shewmake | Democrat | Yea |
| Steve Conway | Democrat | Yea |
| T'wina Nobles | Democrat | Yea |
| Tina Orwall | Democrat | Yea |
| Vandana Slatter | Democrat | Yea |
| Victoria Hunt | Democrat | Yea |
| Yasmin Trudeau | Democrat | Yea |
| Chris Gildon | Republican | Nay |
| Curtis King | Republican | Nay |
| Drew MacEwen | Republican | Not Voting |
| Jeff Holy | Republican | Nay |
| Jeff Wilson | Republican | Nay |
| Jim McCune | Republican | Nay |
| John Braun | Republican | Nay |
| Judy Warnick | Republican | Nay |
| Keith Goehner | Republican | Nay |
| Keith Wagoner | Republican | Nay |
| Leonard Christian | Republican | Nay |
| Mark Schoesler | Republican | Nay |
| Matt Boehnke | Republican | Nay |
| Nikki Torres | Republican | Nay |
| Paul Harris | Republican | Yea |
| Perry Dozier | Republican | Nay |
| Phil Fortunato | Republican | Nay |
| Ron Muzzall | Republican | Nay |
| Shelly Short | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 3 | 27 | 0 | 0 |
| Republican | 18 | 1 | 0 | 0 |
| Total | 21 | 28 | 0 | 0 |
| % of votes cast | 43% | 57% | 0% | 0% |
How each member voted (49)
| Member | Party | Vote |
|---|---|---|
| Adrian Cortes | Democrat | Nay |
| Annette Cleveland | Democrat | Nay |
| Bob Hasegawa | Democrat | Yea |
| Claire Wilson | Democrat | Nay |
| Claudia Kauffman | Democrat | Yea |
| Deborah Krishnadasan | Democrat | Nay |
| Derek Stanford | Democrat | Nay |
| Drew Hansen | Democrat | Nay |
| Emily Alvarado | Democrat | Nay |
| Jamie Pedersen | Democrat | Nay |
| Javier Valdez | Democrat | Nay |
| Jesse Salomon | Democrat | Nay |
| Jessica Bateman | Democrat | Nay |
| John Lovick | Democrat | Nay |
| June Robinson | Democrat | Nay |
| Lisa Wellman | Democrat | Nay |
| Liz Lovelett | Democrat | Nay |
| Manka Dhingra | Democrat | Nay |
| Marcus Riccelli | Democrat | Nay |
| Marko Liias | Democrat | Nay |
| Mike Chapman | Democrat | Nay |
| Noel Frame | Democrat | Nay |
| Rebecca Saldaña | Democrat | Nay |
| Sharon Shewmake | Democrat | Nay |
| Steve Conway | Democrat | Yea |
| T'wina Nobles | Democrat | Nay |
| Tina Orwall | Democrat | Nay |
| Vandana Slatter | Democrat | Nay |
| Victoria Hunt | Democrat | Nay |
| Yasmin Trudeau | Democrat | Nay |
| Chris Gildon | Republican | Yea |
| Curtis King | Republican | Yea |
| Drew MacEwen | Republican | Yea |
| Jeff Holy | Republican | Yea |
| Jeff Wilson | Republican | Yea |
| Jim McCune | Republican | Yea |
| John Braun | Republican | Yea |
| Judy Warnick | Republican | Yea |
| Keith Goehner | Republican | Yea |
| Keith Wagoner | Republican | Yea |
| Leonard Christian | Republican | Yea |
| Mark Schoesler | Republican | Yea |
| Matt Boehnke | Republican | Yea |
| Nikki Torres | Republican | Yea |
| Paul Harris | Republican | Nay |
| Perry Dozier | Republican | Yea |
| Phil Fortunato | Republican | Yea |
| Ron Muzzall | Republican | Yea |
| Shelly Short | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 6129?
- SB 6129 is sponsored by Yasmin Trudeau (Democrat), Rebecca Saldaña (Democrat), T'wina Nobles (Democrat), Manka Dhingra (Democrat), June Robinson (Democrat), and Javier Valdez (Democrat).
- What is the current status of SB 6129?
- This bill has passed the Senate. Introduced January 14, 2026. It now moves to the second chamber.
- Where can I track SB 6129?
- Track SB 6129 free on One Click Politics — get push/email alerts when it moves.
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