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. (SD1)

 
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HOUSE OF REPRESENTATIVES                H.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   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:
 
12      (1)  Any roll of tobacco wrapped in paper or in any
 
13           substance not containing tobacco;
 
14      (2)  Tobacco, in any form, that is functional in the
 
15           product, which, because of its appearance, the type of
 
16           tobacco used in the filler, or its packaging and
 
17           labeling, is likely to be offered to, or purchased by,
 
18           consumers as a cigarette; or
 
19      (3)  Any roll of tobacco wrapped in any substance containing
 
20           tobacco which, because of its appearance, the type of
 

 
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 1           tobacco used in the filler, or its packaging and
 
 2           labeling, is likely to be offered to, or purchased by,
 
 3           consumers as a cigarette described in clause (1) of
 
 4           this definition.
 
 5 The term "cigarette" includes "roll-your-own" (i.e., any tobacco
 
 6 which, because of its appearance, type, packaging, or labeling is
 
 7 suitable for use and likely to be offered to, or purchased by,
 
 8 consumers as tobacco for making cigarettes).  For purposes of
 
 9 this definition of "cigarette," 0.09 ounces of "roll-your-own"
 
10 tobacco shall constitute one individual "cigarette."
 
11      "Tobacco product manufacturer" means any person that is a
 
12 "tobacco product manufacturer" as defined in section 675-2.
 
13      �   -2  Reports to attorney general.(a)  Except as
 
14 provided in subsection (b), any tobacco product manufacturer
 
15 selling cigarettes to consumers within this State (whether
 
16 directly or through a distributor, retailer or similar
 
17 intermediary or intermediaries) shall file a report with the
 
18 attorney general setting forth:
 
19      (1)  Its name and trade name (if any);
 
20      (2)  The address of its principal place of business;
 
21      (3)  A memorandum or a copy of the invoice covering each and
 
22           every shipment of cigarettes made during the previous
 
23           calendar quarter into this State; and
 

 
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 1      (4)  Other information as may be required by the attorney
 
 2           general.
 
 3 The memorandum or copy of the invoice shall include the name and
 
 4 address of the person to whom the shipment was made, the brand,
 
 5 and the quantity of cigarettes shipped.  The attorney general may
 
 6 prescribe the format the report shall take.  The report shall be
 
 7 filed with the attorney general not later than the thirtieth day
 
 8 of each calendar quarter covering the previous calendar quarter.
 
 9      (b)  In lieu of the reports required to be provided in
 
10 subsection (a), any tobacco product manufacturer that is a
 
11 signatory to the master settlement agreement, as defined in
 
12 section 675-2, and whose cigarettes are sold to consumers within
 
13 this state (whether directly by the manufacturer or through a
 
14 distributor, retailer, or similar intermediary or
 
15 intermediaries), may file with the attorney general copies of
 
16 reports that the tobacco product manufacturer submits to the
 
17 department of taxation regarding its sales activities in this
 
18 state.
 
19      (c)  Information provided to the attorney general pursuant
 
20 to this section that tends to identify customers of tobacco
 
21 product manufacturers, terms of sale (including price), and non-
 
22 aggregated sales volume data shall be exempt from disclosure
 
23 under section 92F-11.
 

 
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 1      �   -3  Penalties.  The attorney general may bring a civil
 
 2 action against any tobacco product manufacturer that fails to
 
 3 file the reports required under this chapter."
 
 4      SECTION 2.  This Act shall take effect upon its approval.
 

 
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