The Columbus City Council unanimously voted on Monday to ban the sale of flavored tobacco and vaping products within city limits. Under 48 hours later, the Ohio Senate approved a bill that would make Columbus City Council’s ban illegal.
House Bill (HB) 513, sponsored by state Representatives Jon Cross (R-Kenton ) and Bill Roemer (R-Richfield), passed in the Ohio Senate on Wednesday by a vote of 23-8. The legislation includes an amendment known as a “preemption law, prohibiting local governments in Ohio from enacting any laws regarding tobacco or vaping products that are more strict than state law.”
The amendment also stops cities from adding new fees or taxes to tobacco products, including cigarettes and vapes, or raising the age requirements to buy tobacco products.
The original bill created a “bad debt refund” for tobacco wholesalers, similar to the current sales tax refund for retail bad debt. Simply put, a wholesaler who faces bad debt from tobacco sales will now be able to claim a refund from the state for the tax they pay upfront.
The legislation’s passage comes mere hours after the Columbus City Council passed a controversial ban on selling flavored tobacco products such as menthol cigarettes, e-cigarettes, and flavored vaping products.
House Republicans agreed to the amendment, and all Democrats in both chambers were in opposition.
Several anti-smoking advocates testified in opposition to the amendment to HB 513.
Dustin Holfinger with the American Heart Association said that this amendment creates a one-size fits all approach, and Ohio is a home rule state.
“We ask that you not take away the ability for residents and councilors to act locally to address health issues like youth tobacco use. Essentially, don’t take away the power of our local governments. Residents and leaders know best how to address problems like youth tobacco use facing their community – because they see them up close. When they work together to come up with a solution, the state should help them improve it – not create roadblocks,” Holfinger said.
Amanda Turner, executive director of Tobacco 21, said that this bill is not designed to help Ohio’s youth but rather Big Tobacco.
“This proposal is designed to help Big Tobacco and play into special interests who profit from selling poison,” Turner said.
The Ohio Chamber of Commerce supported the legislation. Commerce should be uniform across the state “rather than using a patchwork of local rules and ordinances,” Lobbyist Kevin Shimp said.
Senate President Matt Huffman (R-Lima) said tobacco regulation is and should be a state issue, given that cities’ tobacco restrictions affect the state’s tax collections.
Due to the amendment, the bill now goes back to the Ohio House of Representatives for their consideration and approval before heading to the desk of Governor Mike DeWine.
If approved, the state law will effectively void the law passed by the Columbus City Council on Monday, which is set to take effect on January 1st, 2024.
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Hannah Poling is a lead reporter at The Ohio Star and The Star News Network. Follow Hannah on Twitter @HannahPoling1. Email tips to [email protected].
