Table 3

Compact states with suggested or required compact provisions—USA, 1 January 2015

Compact provision types
State (N=14)Revenue collection/sharingEnforcementDuration/renewal period (years)Distribution of fundsTax stampsRecord-keepingTax RateWaiver of sovereign ImmunityRefund amount
FloridaYes
Iowa*YesYes
MichiganYesYesRegular (2)Yes
MinnesotaYesYes
Montana*YesN/SYes
NebraskaYesYesN/SYesYesYes
New Mexico*YesYes
New YorkUses compacts, but does not suggest or require compact provisions within its codified laws.
OklahomaYesYesYesYesYes
OregonYes
South DakotaYesRegular (5)
Washington†YesYesRegular (8)YesYesYesYes
WisconsinYes
WyomingYesRegular (1)Yes
Totals1166433222
  • ‘Regular’—The duration or renewal period of compacts occur on an established regular basis.

  • ‘N/S’—The state addresses the need for an established duration or renewal period, but does not specify what that should be.

  • *Codified tribal compact framework not limited to tobacco sales.

  • †Washington is the only state that explicitly requires two additional provisions; (1) that purchases must be made from licensed or authorised parties and (2) that cigarettes sold on reservation must apply a form of minimum selling price (a tribal tax equal to 100% of the state excise tax after a phase-in period must be applied to all purchases).