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H.B. No. 0225 |
Regulation of tobacco products. |
Sponsored
By: Representative(s)
Parady and Osborn and Senator(s) Coe
AN ACT relating to the sale of tobacco products; providing for the
regulation of licensed tobacco wholesalers as specified; specifying duties of
the department of revenue and the attorney general; establishing licensing and
certification requirements and a directory; authorizing seizure and destruction
of tobacco products; authorizing attorney fees and costs; providing penalties;
providing definitions; granting rulemaking authority; and providing for an
effective date.
1/23/2003 Bill Number
Assigned
1/24/2003 H Received
for Introduction
1/24/2003 H
Introduced and Referred to H10
2/3/2003 H10
Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Boswell, Gilmore, Harvey,
Hinckley, Iekel, McMurtrey, Miller, D., Osborn and Robinson
Ayes 9 Nays 0 Excused 0 Absent 0
Conflicts 0
2/3/2003 H Placed on
General File
2/6/2003 H
Amendments Considered
HB0225HS001/A ADOPTED
Page 1-line 13 Delete
"9-4-1209" insert "9-4-1210".
Page 15-lines 14
through 16 Delete.
Page 15-line 18 Delete
"9-4-1201" insert "9-4-1210".
Page 15-lines 22
and 23 Delete
entirely and insert:
"(i) "Brand family" means all styles of cigarettes sold under the
same trademark and differentiated by means of additional modifiers or
descriptors, including, but not limited to, "menthol,"
"lights," "kings" and "100s" and includes any
brand name, alone or in conjunction with any other word, trademark, logo,
symbol, motto, selling message, recognizable pattern of colors or any other
indicia of product identification identical, similar to or identifiable with a
previously known brand of cigarettes;
(ii) "Cigarette"
means any product that contains nicotine, is intended to be burned or heated
under ordinary conditions of use, and consists of or contains:
(A) Any roll of tobacco
wrapped in paper or in any substance not containing tobacco;
(B) Tobacco, in any form,
that is functional in the product, which, because of its appearance, the type
of tobacco used in the filler, or its packaging and labeling, is likely to be
offered to, or purchased by, consumers as a cigarette; or
(C) Any roll of tobacco
wrapped in any substance containing tobacco which, because of its appearance,
the type of tobacco used in the filler, or its packaging and labeling, is
likely to be offered to, or purchased by, consumers as a cigarette described in
subparagraph (A) of this paragraph. The term "cigarette" includes
"roll-your-own" meaning any tobacco which, because of its appearance,
type, packaging, or labeling is suitable for use and likely to be offered to,
or purchased by, consumers as tobacco for making cigarettes. For purposes of
"roll your own" cigarettes, nine one-hundredths (.09) ounces of
"roll-your-own" tobacco shall constitute one (1) individual
cigarette.
(iii) "Department" means the Wyoming
department of revenue;
(iv) "Licensed wholesaler" means a
person authorized to affix tax stamps to packages or other containers or
cigarettes under W.S. 39‑18‑102(a) or any person who is required to
pay the cigarette tax imposed under W.S. 39‑18‑103;
(v) "Master settlement agreement"
means the settlement agreement, and related documents, entered into on November
23, 1998 by the state and leading United States tobacco product manufacturers;
(vi) "Nonparticipating manufacturer"
means any tobacco product manufacturer who is not a participating manufacturer;
(vii) "Participating manufacturer"
means as defined in section II(jj) of the master settlement agreement;
(viii) "Qualified escrow fund" means
an escrow arrangement with a federally or state chartered financial institution
having no affiliation with any tobacco product manufacturer and having assets
of at least one billion dollars ($1,000,000,000.00) where the arrangement
requires that the financial institution hold the escrowed funds' principal for
the benefit of releasing parties and prohibits the tobacco product manufacturer
placing the funds into escrow from using, accessing or directing the use of the
funds' principal except as consistent with W.S. 9-4-1202(b);
(ix) "Tobacco product
manufacturer" means, but shall not include an affiliate of a tobacco
product manufacturer unless the affiliate itself falls within any of
subparagraphs (A) through (C) of this paragraph, an entity that after the date
of enactment of this act directly and not exclusively through any affiliate:
(A) Manufactures cigarettes
anywhere that the manufacturer intends to be sold in the United States,
including cigarettes intended to be sold in the United States through an
importer, (except where the importer is an original participating manufacturer,
as that term is defined in the master settlement agreement, who will be
responsible for the payments under the master settlement agreement with respect
to the cigarettes as a result of the provisions of subsection II(mm) of the
master settlement agreement and who pays the taxes specified in subsection
II(z) of the master settlement agreement, and provided that the manufacturer of
the cigarettes does not market or advertise the cigarettes in the United
States);
(B) Is the first purchaser
anywhere for resale in the United States of cigarettes manufactured anywhere
that the manufacturer does not intend to be sold in the United States; or
(C) Becomes a successor of an
entity described in subparagraph (A) or (B) of this paragraph.
(x) "Units sold"
means the number of individual cigarettes sold in the state by the applicable
tobacco product manufacturer, whether directly or through a distributor,
retailer or similar intermediary or intermediaries, during the year in
question, as measured by excise taxes collected by the state on packs, or
"roll-your-own" tobacco containers, bearing the excise tax stamp of
the state. The department of revenue shall promulgate regulations as are
necessary to ascertain the amount of state excise tax paid on the cigarettes of
such tobacco product manufacturer for each year;
(xi) "This act" means
W.S. 9-4-1205 through 9-4-1210.".
Page 16-lines 1
through 22 Delete.
Page 17-lines 1
through 3 Delete
entirely and insert:
"Section 2. W.S.
39-18-106(a) is amended to read:".
OSBORN
2/6/2003 H Passed
CoW
2/7/2003 H Passed
2nd Reading
2/10/2003 H Passed
3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R.,
Bagby, Baker, Berger, Boswell, Buchanan, Bucholz, Childers, Cohee, Cooper,
Edwards, Esquibel, Gentile, Gilmore, Harshman, Harvey, Hinckley, Illoway,
Jansen, Johnson, L., Johnson, W., Jones, Jorgensen, Latta, Law, Lockhart,
Luthi, Martin, McMurtrey, McOmie, Meuli, Meyer, Morgan, Nicholas, Olsen,
Osborn, Parady, Petersen, Philp, Powers, Prosser, Reese, Robinson, Ross,
Semlek, Simpson, Slater, Thompson, Tipton, Walsh, Warren, Wasserburger and
Wostenberg.
Nays: Representative(s) Brechtel, Diercks,
Hageman, Landon and Miller, D..
Excused: Representative(s) Iekel
Ayes 54 Nays 5 Excused 1 Absent 0
Conflicts 0
2/11/2003 S Received
for Introduction
2/12/2003 S
Introduced and Referred to S01
2/19/2003 S01
Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Decaria, Hanes and Meier
Nays: Senator(s) Goodenough
Excused: Senator(s) Burns
Ayes 3 Nays 1 Excused 1 Absent 0
Conflicts 0
2/19/2003 S Placed on
General File
2/27/2003 S
Amendments Considered
HB0225SS001/AE (TO ENGROSSED COPY) ADOPTED
Page 2-line 11 After
"act" insert "and W.S. 9-4-1202".
Page 2-line 14 Delete
"family" insert "families".
Page 2-line 17 Delete
"family" insert "families".
Page 2-line 24 Delete
"family" insert "families".
Page 3-line 2 Delete
"family" insert "families".
Page 3-line 16 Delete
"family" insert "families"; after "preceding"
insert "or current".
Page 4-line 8 Delete
"account" insert "fund".
Page 4-line 11 After
"with" insert "W.S. 9-4-1202,".
Page 5-line 4 Delete
"(b)".
Page 5-line 19 Delete
"this act" insert "W.S. 9-4-1202".
Page 6-line 2 After
"act" insert "and W.S. 9-4-1202".
Page 6-line 19 Delete
"of the" insert "or"; delete "family" insert
"families".
Page 7-line 11 After
"have" insert "not".
Page 7-line 17 Delete
"this act" insert "W.S. 9-4-1202".
Page 9-line 2 Delete
"family" insert "families".
Page 9-line 8 After
"act" insert "and W.S. 9-4-1202".
Page 10-line 12 Delete
"section" insert "act".
Page 11-line 9 After
"act" insert ", W.S. 9-4-1202".
Page 11-line 15 Delete
"this act" insert "W.S. 9-4-1202".
Page 14-line 24 Delete
", gross receipts".
Page 22-line 5 Delete
"9-4-1209" insert "9-4-1210".
Page 22-line 6 Delete
"through 9-4-1204" insert "and "9-4-1202".
Page 22-line 7 Delete
"through 9-4-1204" insert "and "9-4-1202".
Page 22-line 9 Delete
"through 9-4-1204" insert "and "9-4-1202". HANES, CHAIRMAN
2/27/2003 S Passed
CoW
2/28/2003 S Passed
2nd Reading
3/1/2003 S Passed
3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Barrasso, Boggs,
Burns, Caller, Coe, Decaria, Devin, Erb, Geis, Hanes, Hawks, Job, Kunz, Larson,
Massie, Mockler, Northrup, Peck, Roberts, Schiffer, Scott, Sessions and Vasey.
Nays: Senator(s) Barton, Case, Cathcart,
Goodenough and Hines.
Excused: Senator(s) Meier
Ayes 24 Nays 5 Excused 1 Absent 0
Conflicts 0
3/3/2003 H Did
Concur
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R.,
Bagby, Baker, Berger, Boswell, Buchanan, Bucholz, Childers, Cohee, Cooper,
Edwards, Esquibel, Gentile, Gilmore, Hageman, Harshman, Harvey, Hinckley,
Iekel, Illoway, Jansen, Johnson, L., Johnson, W., Jones, Jorgensen, Landon,
Latta, Law, Lockhart, Luthi, Martin, McMurtrey, McOmie, Meuli, Meyer, Miller,
D., Morgan, Nicholas, Olsen, Osborn, Parady, Petersen, Philp, Powers, Prosser,
Reese, Robinson, Ross, Semlek, Simpson, Slater, Thompson, Tipton, Walsh, Warren
and Wasserburger.
Nays: Representative(s) Brechtel, Diercks and
Wostenberg.
Ayes 57 Nays 3 Excused 0 Absent 0
Conflicts 0
3/3/2003 Assigned
Number HEA 0088
3/3/2003 H Speaker
Signed HEA No. 0088
3/3/2003 S President
Signed HEA No. 0088
3/6/2003 Governor
Signed HEA No. 0088
Chapter No. 0150 Session
Laws of Wyoming 2003.