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2003 SESSION
HB 2536 Enforcement of requirements for tobacco product manufacturers; penalty
Introduced by: Kathy J. Byron | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Enforcement of requirements for tobacco product manufacturers; penalty. Includes a number of procedural enhancements in order to aid enforcement and thereby prevent violations of the Model Act. The enhancements include: (i) a requirement that every tobacco product manufacturer whose cigarettes are sold in the Commonwealth certify the Tax Commissioner and Attorney General that it is either a participating manufacturer for purposes of the Master Settlement Agreement or is in full compliance as a nonparticipating manufacturer; (ii) a requirement that the Attorney General develop and publish on the Attorney General's website a directory listing all tobacco product manufacturers that have provided current and accurate certifications; (iii) a prohibition against stamping, selling, or importing cigarettes not in the directory; (iv) the appointment of an agent in the Commonwealth for service of process for any nonresident or foreign nonparticipating manufacturer and notice of such agent's termination; (v) reporting quarterly information by the stamping agent as the Tax Commissioner and Attorney General require to facilitate compliance with this act; (vi) proof from the financial institutional that the nonparticipating manufacturer has established a qualified escrow fund; and (vii) a penalty not to exceed the greater of 500 percent of the retail value of the cigarettes sold or $5,000, for any violation involving stamping, selling or importing cigarettes not in the directory.
FULL TEXT
- 01/08/03 House: Presented & ordered printed, prefiled 01/08/03 032487253 pdf | impact statement
- 01/30/03 House: Committee substitute printed 031008253-H1 pdf | impact statement
- 02/27/03 House: Bill text as passed House and Senate (HB2536ER) pdf | impact statement
- 03/27/03 Governor: Acts of Assembly Chapter text (CHAP0798) pdf
AMENDMENTS
HISTORY
- 01/08/03 House: Presented & ordered printed, prefiled 01/08/03 032487253
- 01/08/03 House: Referred to Committee on Finance
- 01/29/03 House: Reported from Finance with sub (22-Y 0-N)
- 01/30/03 House: Committee substitute printed 031008253-H1
- 01/31/03 House: Read first time
- 02/01/03 House: Read second time
- 02/01/03 House: Committee substitute agreed to 031008253-H1
- 02/01/03 House: Engrossed by House - committee substitute 031008253-H1
- 02/03/03 House: Read third time and passed House (99-Y 0-N 1-A)
- 02/03/03 House: VOTE: PASSAGE (99-Y 0-N 1-A)
- 02/03/03 House: Communicated to Senate
- 02/04/03 Senate: Constitutional reading dispensed
- 02/04/03 Senate: Referred to Committee on Finance
- 02/11/03 Senate: Pursuant to S.Rule 20(j),rereferred by Fin. (15-Y 0-N)
- 02/11/03 Senate: Rereferred to Courts of Justice
- 02/12/03 Senate: Reported from Courts of Justice w/amds (14-Y 0-N)
- 02/14/03 Senate: Const. reading disp., passed by for the day (37-Y 0-N)
- 02/14/03 Senate: VOTE: CONST. RDG. DISPENSED R (37-Y 0-N)
- 02/17/03 Senate: Read third time
- 02/17/03 Senate: Reading of amendments waived
- 02/17/03 Senate: Committee amendments agreed to
- 02/17/03 Senate: Engrossed by Senate as amended
- 02/17/03 Senate: Passed Senate with amendments (37-Y 0-N)
- 02/17/03 Senate: VOTE: PASSAGE R (37-Y 0-N)
- 02/18/03 House: Placed on Calendar
- 02/19/03 House: Senate amendments agreed to by House (94-Y 1-N 2-A)
- 02/19/03 House: VOTE: ADOPTION (94-Y 1-N 2-A)
- 02/27/03 House: Bill text as passed House and Senate (HB2536ER)
- 03/05/03 House: Enrolled
- 03/05/03 House: Signed by Speaker
- 03/06/03 Senate: Signed by President
- 03/20/03 Governor: Approved by Governor-Chapter 798 (effective 7/1/03)
- 03/27/03 Governor: Acts of Assembly Chapter text (CHAP0798)