HB 1261 (2005) -  Nonsettling Manufacturer Cigarettes

by Greenstein
Imposes a fee on nonsettling manufacturer cigarettes; requires reporting of the number and denominations of stamps affixed to individual packages of such cigarettes by manufacturer and brand family; requires registration with the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation of nonsettling manufacturers of cigarettes; requires development, maintenance, and publication by the division of a list of nonsettling manufacturers of cigarettes which have certified their compliance with this act; treats cigarettes of certain manufacturers that have not paid the fee imposed by this act or that have not complied with reporting requirements as cigarettes for which certain taxes have not been paid; prohibits the stamping of certain cigarettes for which the fee imposed by this act has not been paid in full or the nonsettling manufacturer of which has not complied with reporting requirements; provides conditional applicability to subsequent participating manufacturers; provides stamp requirements for cigarettes in transport; provides stamp exceptions for certain cigarettes; requires transporters of certain cigarettes to submit certain reports; revises requirements for and limitations on the affixation of stamps; provides requirements with respect to receipt, possession, storage, and transport of unstamped cigarette packages; 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 certain person shipping unstamped cigarette packages; authorizes certain law enforcement officials to inspect certain shipping vehicles; authorizes the state to claim certain property and materials from certain dealers and retailers who attempt to defraud the state; authorizes the destruction of certain cigarettes; provides criteria for permit application; prohibits issuance, maintenance, or renewal of certain permits for certain applicants; provides guidelines for permit application denial; expands the group of violators subject to criminal liability; prohibits the sale or possession for sale of counterfeit cigarettes; provides penalties; provides civil penalties for failure to comply with certain duties or pay certain taxes; provides appropriations and authorizes positions; provides additional source of revenue to the Tobacco Settlement Clearing Trust Fund.
Effective Date: on July 1, 2005.
Last Event: Died in Business Regulation Committee, Link/Iden/Sim/Compare passed, refer to HB 205 (Ch. 2005-228) on Friday, May 6, 2005 11:49 PM

Referred Committees and Committee Actions

Related Bills

Staff Analysis

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Vote History

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Bill History

Event Time Member Committee Ver.
Event: H Died in Business Regulation Committee, Link/Iden/Sim/Compare passed, refer to HB 205 (Ch. 2005-228) Time: 05/06/2005 - 11:49 PM Member: Committee: Business Regulation Committee Version:
Event: H Now in Business Regulation Committee Time: 03/14/2005 - 9:36 PM Member: Committee: Business Regulation Committee Version: __
Event: H Referred to Commerce Council Time: 03/14/2005 - 9:36 PM Member: Committee: Commerce Council Version: __
Event: H Referred to Finance & Tax Committee Time: 03/14/2005 - 9:36 PM Member: Committee: Finance & Tax Committee Version: __
Event: H Referred to Business Regulation Committee Time: 03/14/2005 - 9:36 PM Member: Committee: Business Regulation Committee Version: __
Event: H 1st Reading Time: 03/08/2005 - 10:57 PM Member: Committee: Version: __
Event: H Filed Time: 03/02/2005 - 8:03 AM Member: Greenstein Committee: Version: __