HB 205 (2005) -  Contraband and Counterfeit Cigarettes

General Bill by Altman (CO-SPONSORS) Ambler; Carroll; Goldstein; Grimsley; Needelman; Ross; Stargel
Contraband and Counterfeit Cigarettes: Directs the Secretary of Business and Professional Regulation to require dealers and agents to remit the tax on cigarettes by certified check or electronic funds transfer; requires the Division of Alcoholic Beverages and Tobacco of the department to adopt rules governing the payment of taxes by electronic funds transfer; revises requirements for and limitations on the affixation of stamps; provides requirements with respect to receipt, possession, storage, and transport of unstamped cigarette packages; revises the amount of the surety bond, certificate of deposit, or irrevocable letter of credit required by the division as surety for the payment of cigarette taxes; requires manufacturers, importers, distributing agents, dealers, and retail dealers to hold a current, valid permit to sell, distribute, or receive cigarettes; provides notice and filing guidelines for persons shipping unstamped cigarette packages; authorizes law enforcement officials to inspect shipping vehicles; authorizes the state to claim property and materials from dealers and retailers who attempt to defraud the state; authorizes the destruction of cigarettes; provides criteria for permit application; prohibits issuance, maintenance, or renewal of permits for specified applicants; provides guidelines for permit application denial; revises the authority of the Division of Alcoholic Beverages and Tobacco to revoke or suspend permits; expands the group of violators subject to criminal liability; expands the list of persons required to report seizures of unstamped cigarettes; requires the division to keep records; provides for seizure of counterfeit cigarettes and related machinery; makes unlawful the selling or possessing with intent to sell counterfeit cigarettes; provides criminal penalties; provides for destruction of counterfeit cigarettes; provides civil penalties for failure to comply with duties or pay taxes.
Effective Date: October 1, 2005.
Last Event: 06/14/05 Approved by Governor; Chapter No. 2005-228 on Tuesday, June 14, 2005 12:00 AM

Referred Committees and Committee Actions

House Referrals

Related Bills

Bill # Subject Relationship
Bill #: CS/CS/SB 816 Subject: Contraband & Counterfeit Cigarettes Relationship: Similar
Bill #: HB 1261 Subject: Nonsettling Manufacturer Cigarettes Relationship: Compare
Bill #: CS/SB 1310 Subject: Cigarette Taxes Relationship: Compare
Bill #: SB 2012 Subject: Transportation & Sale of Cigarettes Relationship: Compare

Bill Text

Staff Analysis

Chamber Committee
Chamber: House Committee: Commerce Council 4/11/2005 10:44:57 AM
Chamber: House Committee: Commerce Council 4/5/2005 3:46:37 PM
Chamber: House Committee: Finance & Tax Committee 3/22/2005 1:55:43 PM
Chamber: House Committee: Finance & Tax Committee 3/17/2005 4:04:08 PM
Chamber: House Committee: Business Regulation Committee 3/4/2005 5:20:25 PM
Chamber: House Committee: Business Regulation Committee 2/17/2005 10:10:24 AM

Vote History

Chamber Date Yeas Nays Action Action 2 Vote Detail Barcode
Chamber: House Date: 04/14/2005 10:40 AM   Yeas: 113 Nays: 2 Action: Passage Action 2: Vote Detail: Vote [Seq# 165] Barcode:
Chamber: Senate Date: 04/28/2005 02:18 PM   Yeas: 38 Nays: 0 Action: Action 2: Vote Detail: Vote [Seq# 39] Barcode:

Bill History

Event Time Member Committee Ver.
Event: Approved by Governor; Chapter No. 2005-228 Time: 06/14/2005 - 12:00 AM Member: Committee: Version: er
Event: Signed by Officers and presented to Governor Time: 06/09/2005 - 12:00 AM Member: Committee: Version: er
Event: H Ordered enrolled Time: 04/29/2005 - 4:43 PM Member: Committee: Version: e1
Event: H In Messages Time: 04/29/2005 - 4:43 PM Member: Committee: Version: e1
Event: S Passed; YEAS 38 NAYS 0 -SJ 00672 Time: 04/28/2005 - 12:00 AM Member: Committee: Version: er
Event: S Read third time -SJ 00672 Time: 04/28/2005 - 12:00 AM Member: Committee: Version: er
Event: S Read second time -SJ 00619 Time: 04/27/2005 - 12:00 AM Member: Committee: Version: er
Event: S Substituted for CS/CS/SB 816 -SJ 00619 Time: 04/27/2005 - 12:00 AM Member: Committee: Version: er
Event: S Withdrawn from Regulated Industries; Criminal Justice; Government Efficiency Appropriations; General Government Appropriations -SJ 00619 Time: 04/27/2005 - 12:00 AM Member: Committee: Version: er
Event: S Received, referred to Regulated Industries; Criminal Justice; Government Efficiency Appropriations; General Government Appropriations -SJ 00587 Time: 04/26/2005 - 12:00 AM Member: Committee: Version: er
Event: S In Messages Time: 04/19/2005 - 5:00 PM Member: Committee: Version: er
Event: H Message sent to senate Time: 04/19/2005 - 4:36 PM Member: Committee: Version: e1
Event: H Passage on third reading Time: 04/14/2005 - 10:40 AM Member: Committee: Version: e1
Event: H Passed as amended; YEAS 113, NAYS 2 Time: 04/14/2005 - 10:40 AM Member: Committee: Version: e1
Event: H Read 3rd time Time: 04/14/2005 - 10:39 AM Member: Committee: Version: e1
Event: H Added to Third Reading Calendar Time: 04/13/2005 - 11:11 AM Member: Committee: Version: c3
Event: H Read 2nd time Time: 04/13/2005 - 10:38 AM Member: Committee: Version: c3
Event: H Bill released to House Calendar Time: 04/12/2005 - 12:49 PM Member: Committee: Version: e1
Event: H Bill added to Special Order Calendar (4/13/2005) Time: 04/11/2005 - 3:57 PM Member: Committee: Version: c3
Event: H Pending review of CS under Rule 6.3 Time: 04/11/2005 - 12:01 PM Member: Committee: Version: c2
Event: H Reported out of Commerce Council Time: 04/11/2005 - 10:45 AM Member: Committee: Commerce Council Version: c2
Event: H Favorable with CS by Commerce Council(Amended) Time: 04/06/2005 - 4:15 PM Member: Committee: Commerce Council Version: c2
Event: H Favorable with CS by Commerce Council Time: 04/06/2005 - 4:15 PM Member: Committee: Commerce Council Version: c2
Event: H Added to Commerce Council agenda Time: 04/04/2005 - 3:57 PM Member: Committee: Commerce Council Version: c2
Event: H Now in Commerce Council Time: 03/22/2005 - 2:48 PM Member: Committee: Commerce Council Version: c2
Event: H Remaining referral: Commerce Council Time: 03/22/2005 - 2:48 PM Member: Committee: Commerce Council Version: c2
Event: H Pending review of CS under Rule 6.3 Time: 03/22/2005 - 2:04 PM Member: Committee: Version: c1
Event: H Reported out of Finance & Tax Committee Time: 03/22/2005 - 2:02 PM Member: Committee: Finance & Tax Committee Version: c1
Event: H Favorable with CS by Finance & Tax Committee Time: 03/18/2005 - 12:58 PM Member: Committee: Finance & Tax Committee Version: c1
Event: H Added to Finance & Tax Committee agenda Time: 03/16/2005 - 4:17 PM Member: Committee: Finance & Tax Committee Version: c1
Event: H Now in Finance & Tax Committee Time: 03/10/2005 - 8:12 AM Member: Committee: Finance & Tax Committee Version: c1
Event: H Remaining referral: Commerce Council Time: 03/10/2005 - 8:12 AM Member: Committee: Commerce Council Version: c1
Event: H Remaining referral: Finance & Tax Committee Time: 03/10/2005 - 8:12 AM Member: Committee: Finance & Tax Committee Version: c1
Event: H 1st Reading Time: 03/08/2005 - 10:57 PM Member: Committee: Version: __
Event: H Pending review of CS under Rule 6.3 Time: 03/04/2005 - 5:06 PM Member: Committee: Version: __
Event: H Reported out of Business Regulation Committee Time: 03/04/2005 - 4:09 PM Member: Committee: Business Regulation Committee Version: __
Event: H Favorable with CS by Business Regulation Committee Time: 02/22/2005 - 12:00 PM Member: Committee: Business Regulation Committee Version: __
Event: H Added to Business Regulation Committee agenda Time: 02/11/2005 - 12:59 PM Member: Committee: Business Regulation Committee Version:
Event: H Now in Business Regulation Committee Time: 01/25/2005 - 4:27 PM Member: Committee: Business Regulation Committee Version:
Event: H Bill referred to committee Time: 01/25/2005 - 4:27 PM Member: Committee: Commerce Council Version:
Event: H Bill referred to committee Time: 01/25/2005 - 4:27 PM Member: Committee: Finance & Tax Committee Version:
Event: H Bill referred to committee Time: 01/25/2005 - 4:27 PM Member: Committee: Business Regulation Committee Version:
Event: H Filed Time: 01/06/2005 - 9:55 AM Member: Altman Committee: Version:

Statutes Referenced by this Bill

Statute Other Bill Citations
210.01 HB 1261
210.021
210.06 HB 1261
210.08
210.085 HB 1261
210.09 HB 1261
210.12 HB 1261
210.15 HB 1261
210.16
210.18 HB 1261
210.181 HB 1261
772.102 HB 1261
895.02 HB 1213, HB 1261, HB 1569, HB 1693, HB 1901