REPORT TITLE:
Tobacco Products Report


DESCRIPTION:
Establishes a reporting requirement to enforce a state law that
requires tobacco product manufacturers who sell tobacco products
in the State to deposit certain amounts into escrow based on the
number of cigarettes sold.

 
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                                                        2764
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO TOBACCO PRODUCTS REPORT.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The Hawaii Revised Statutes is amended by adding
 
 2 a new chapter to be appropriately designed and to read as
 
 3 follows:
 
 4                             "CHAPTER
 
 5                      TOBACCO PRODUCTS REPORT
 
 6      �   -1  Definitions.  As used in this chapter:
 
 7      "Attorney general" means the attorney general of the State
 
 8 of Hawaii.
 
 9      "Cigarette" means any product that contains nicotine, is
 
10 intended to be burned or heated under ordinary conditions of use,
 
11 and consists of or contains (1) any roll of tobacco wrapped in
 
12 paper or in any substance not containing tobacco; or (2) tobacco,
 
13 in any form, that is functional in the product, which, because of
 
14 its appearance, the type of tobacco used in the filler, or its
 
15 packaging and labeling, is likely to be offered to, or purchased
 
16 by, consumers as a cigarette; or (3) any roll of tobacco wrapped
 
17 in any substance containing tobacco which, because of its
 
18 appearance, the type of tobacco used in the filler, or its
 
19 packaging and labeling, is likely to be offered to, or purchased
 

 
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 1 by, consumers as a cigarette described in clause (1) of this
 
 2 definition.  The term "cigarette" includes "roll-your-own" (i.e.,
 
 3 any tobacco which, because of its appearance, type, packaging, or
 
 4 labeling is suitable for use and likely to be offered to, or
 
 5 purchased by, consumers as tobacco for making cigarettes).  For
 
 6 purposes of this definition of "cigarette," 0.09 ounces of "roll-
 
 7 your-own" tobacco shall constitute one individual "cigarette."
 
 8      "Tobacco product manufacturer" means any person that
 
 9 manufactures cigarettes anywhere intended to be sold in this
 
10 State, including cigarettes that may be sold in this State
 
11 through an importer.
 
12         -2  Reports to attorney general.  Any tobacco product
 
13 manufacturer selling cigarettes to consumers within this State
 
14 (whether directly or through a distributor, retailer or similar
 
15 intermediary or intermediaries) shall file a report with the
 
16 attorney general setting forth (1) its name and trade name (if
 
17 any); (2) the address of its principal place of business; (3) a
 
18 memorandum or a copy of the invoice covering each and every
 
19 shipment of cigarettes made during the previous calendar quarter
 
20 into this State; and (4) other information as may be required by
 
21 the attorney general.  The memorandum or copy of the invoice
 
22 shall include the name and address of the person to whom the
 
23 shipment was made, the brand, and the quantity of cigarettes
 

 
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 1 shipped.  The attorney general may prescribe the format the
 
 2 report shall take.  The report shall be filed with the attorney
 
 3 general not later than the thirtieth day of each calendar quarter
 
 4 covering the previous calendar quarter.
 
 5         -3  Penalties.  The attorney general may bring a civil
 
 6 action against any tobacco product manufacturer that fails to
 
 7 file the reports required under this chapter."
 
 8      SECTION 2.  This Act shall take effect upon its approval.
 
 9 
 
10                       INTRODUCED BY:  ___________________________
 

 
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