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2003 SESSION

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SB 956 Sales of cigarettes; penalties.

Introduced by: Walter A. Stosch | all patrons    ...    notes | add to my profiles | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

Sales of cigarettes; penalties. Revises and graduates penalties for the illegal use of Virginia cigarette revenue stamps. The bill allows seizure and forfeiture of counterfeit cigarettes, stamps and related equipment and property and authorizes enforcement of the provisions by the Attorney General. The bill also imposes requirements for delivery sales to consumers. The requirements relate to minimum age verification, disclosure, shipping, registration and reporting and tax collection. The Attorney General is authorized to enforce the delivery sale requirements, and the penalties are fines, forfeitures and, if the violation is made knowingly, civil penalties of up to $50,000.

SUMMARY AS PASSED:

Sales of cigarettes; penalties. Revises and graduates penalties for the illegal use of Virginia cigarette revenue stamps. The bill allows seizure and forfeiture of counterfeit cigarettes, stamps and related equipment and property and authorizes enforcement of the provisions by the Attorney General. The bill also imposes requirements for delivery sales to consumers. The requirements relate to minimum age verification, disclosure, shipping, registration and reporting and tax collection. The Attorney General is authorized to enforce the delivery sale requirements, and the penalties are fines, forfeitures and, if the violation is made knowingly, civil penalties of up to $50,000.

SUMMARY AS PASSED SENATE:

Sales of cigarettes; penalties. Revises and graduates penalties for the illegal use of Virginia cigarette revenue stamps, currently any violations are a Class 5 penalty. The bill allows seizure of counterfeit cigarettes, stamps and related machinery and authorizes enforcement of the provisions by the Attorney General. The bill also imposes requirements for delivery sales to consumers. The requirements relate to minimum age verification, disclosure, shipping, registration and reporting and tax collection. The Attorney General is authorized to enforce the delivery sale requirements and the penalties are fines, forfeitures and, if the violation is made knowingly, imprisonment for up to 5 years.

SUMMARY AS INTRODUCED:

Sales of cigarettes. Provides numerous requirements relating to the sale of cigarettes. The bill includes provisions requiring (i) manufacturers, wholesalers, and retailers of cigarettes to be licensed with the Department of Taxation; (ii) wholesalers and retailers to affix tax-exempt stamps to cigarettes that are exempt from Virginia cigarette taxes; (iii) remote sellers of cigarettes to require delivery service businesses to obtain the signature of an adult and proof of age when delivering cigarettes; (iv) remote sellers of cigarettes to obtain a written certification of a consumer's age upon accepting an order for a delivery sale of cigarettes; (v) remote sellers of cigarettes to include as part of the shipping documents a clear and conspicuous statement providing as follows: "Cigarettes: Virginia Law Prohibits Shipping to Individuals Under 18, and Requires the Payment of all Applicable Taxes"; (vi) delivery service businesses to obtain the signature of an adult and proof of age when delivering cigarettes; (vii) monthly reports to be filed with the Department of Taxation by remote sellers, manufacturers, wholesalers, and retailers of cigarettes; and (viii) annual certifications by manufacturers of cigarettes that they either participate in the Master Settlement Agreement or comply with Virginia law in regard to manufacturers who do not participate in the Master Settlement Agreement.