HB16-1370
Nicotine Product Retailers Registry
Concerning the regulation of nicotine product retailers.
Session:
2016 Regular Session
Subjects:
Bill Summary
Liquor, Tobacco, & Marijuana
Local Government
Public Health
There is not currently a comprehensive list of retailers in the state that sell cigarettes, tobacco products, or nicotine products (retailers). Commencing in 2017, section 2 of the bill requires retailers to register with the liquor enforcement division in the department of revenue (division). The division is required to keep a retailer's registration information confidential. The division is authorized to impose a $500 fine on a retailer that fails to register with the division.
Section 1 increases the appropriation to the division from the tobacco education programs fund, which fund consists of 16% of the money collected from cigarette and tobacco taxes, from $350,000 to $500,000 and directs the division to use up to $150,000 of the money for the administration of the retailers registry.
Section 3 applies the hearing procedures established for other nicotine product sales violations to violations of the requirement that a retailer register with the division.
Section 4 increases the civil penalties a retailer would face for violating the prohibitions against selling cigarettes, tobacco products, or nicotine products to minors or selling individual cigarettes, a pack of cigarettes containing fewer than twenty cigarettes, or roll-your-own tobacco in a package containing less than 0.60 ounces of tobacco.
From state cigarette tax money, the state currently apportions 27% to cities, towns, and counties (local governments) in proportion to the amount of state sales tax revenues collected within the boundaries of the local governments. A local government is prohibited from receiving its allocation of this money if it imposes its own fees, licenses, or taxes on cigarette sales. Section 5
Under current law, if a tobacco product distributor ships or transports tobacco products to a consumer outside of the state between September 1, 2015, and September 1, 2018, and reports and pays the taxes on those tobacco products, the department of revenue may credit the tax to the distributor. Section 6
(Note: This summary applies to this bill as introduced.)
Section 1 increases the appropriation to the division from the tobacco education programs fund, which fund consists of 16% of the money collected from cigarette and tobacco taxes, from $350,000 to $500,000 and directs the division to use up to $150,000 of the money for the administration of the retailers registry.
Section 3 applies the hearing procedures established for other nicotine product sales violations to violations of the requirement that a retailer register with the division.
Section 4 increases the civil penalties a retailer would face for violating the prohibitions against selling cigarettes, tobacco products, or nicotine products to minors or selling individual cigarettes, a pack of cigarettes containing fewer than twenty cigarettes, or roll-your-own tobacco in a package containing less than 0.60 ounces of tobacco.
From state cigarette tax money, the state currently apportions 27% to cities, towns, and counties (local governments) in proportion to the amount of state sales tax revenues collected within the boundaries of the local governments. A local government is prohibited from receiving its allocation of this money if it imposes its own fees, licenses, or taxes on cigarette sales. Section 5
Under current law, if a tobacco product distributor ships or transports tobacco products to a consumer outside of the state between September 1, 2015, and September 1, 2018, and reports and pays the taxes on those tobacco products, the department of revenue may credit the tax to the distributor. Section 6
(Note: This summary applies to this bill as introduced.)