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PRINTER'S NO. 2599
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1735
Session of
2015
INTRODUCED BY MAHER AND BRANEKY, DECEMBER 2, 2015
REFERRED TO COMMITTEE ON APPROPRIATIONS, DECEMBER 2, 2015
AN ACT
Amending the act of December 30, 2003 (P.L.441, No.64), entitled
"An act requiring certifications by tobacco product
manufacturers; providing for a directory of cigarettes
approved for stamping and sale; conferring powers and
imposing duties on the Attorney General and the Department of
Revenue; and imposing penalties," in preliminary provisions,
further providing for definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "units sold" in section 102 of
the act of December 30, 2003 (P.L.441, No.64), known as the
Tobacco Product Manufacturer Directory Act, is amended to read:
Section 102. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Units sold." The number of individual cigarettes sold in
this Commonwealth by the applicable tobacco product manufacturer
during the year in question, as measured by taxes collected by
the Commonwealth on packs[, or "roll-your-own" tobacco
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containers,] bearing the tax stamp of the Commonwealth required
under section 1215 of the act of March 4, 1971 (P.L.6, No.2),
known as the Tax Reform Code of 1971[.], taxes collected by the
Commonwealth on "roll-your-own" tobacco containers which are not
required to have a tax stamp under section 1215 of the Tax
Reform Code of 1971 and, when authorized by the Department of
Revenue, taxes collected by the Commonwealth on cigarettes sold
without a tax stamp under section 1215 of the Tax Reform Code of
1971.
Section 2. The following shall apply:
(1) The Office of Attorney General shall attempt to
obtain the consent of the participating manufacturers under
the master settlement agreement to the amendment of section
102 of the act.
(2) If consent is obtained under paragraph (1), the
Office of Attorney General shall:
(i) provide notice to the Secretary of Revenue; and
(ii) publish a notice of the consent in the
Pennsylvania Bulletin.
(3) If consent is not obtained under paragraph (1), the
Office of Attorney General shall:
(i) notify the Secretary of Revenue; and
(ii) publish a notice of the refusal in the
Pennsylvania Bulletin.
Section 3. This act shall take effect as follows:
(1) The amendment of section 102 of the act shall take
effect 60 days after the Office of Attorney General publishes
notice of consent under section 2(2)(ii) of this act.
(2) The remainder of this act shall take effect
immediately.
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