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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY HUGHES, TARTAGLIONE, COSTA, STACK, FONTANA, MUSTO, O'PAKE, WILLIAMS, WASHINGTON, FARNESE, KITCHEN, LOGAN AND MELLOW, APRIL 20, 2010 |
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| REFERRED TO FINANCE, APRIL 20, 2010 |
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| AN ACT |
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1 | Providing for a tobacco product tax; and establishing the |
2 | Tobacco Product Tax Account. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Cigarette and |
7 | Other Tobacco Products Tax Act. |
8 | Section 2. Definitions. |
9 | The following words and phrases when used in this act shall |
10 | have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | "Cigarette." Any roll for smoking made wholly or in part of |
13 | tobacco, the wrapper or cover of which is made of any substance |
14 | or material other than tobacco regardless of the size or shape |
15 | of the roll and regardless of whether or not the tobacco is |
16 | flavored, adulterated or mixed with any other ingredient. The |
17 | term cigarette shall not include cigars, little cigars or |
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1 | cigarillos. |
2 | "Smokeless tobacco." A product containing finely cut, |
3 | ground, powdered, blended or leaf tobacco made primarily for |
4 | individual consumption which is intended to be placed in the |
5 | oral or nasal cavity and not intended to be smoked. The term |
6 | includes chewing tobacco, dipping tobacco and snuff. |
7 | "Tobacco product." A product containing tobacco for |
8 | consumption. The term includes a cigar, a little cigar, a |
9 | cigarillo, pipe tobacco, smokeless tobacco, roll-your-own, |
10 | smoking tobacco, bidis or beedies and kretek. The term does not |
11 | include a cigarette. |
12 | "Tobacco product distributor or wholesaler." A person |
13 | engaged in the business of selling tobacco products that sells, |
14 | exchanges or distributes tobacco products to retailers, |
15 | consumers or other wholesalers or distributors in this |
16 | Commonwealth. The term includes a tobacco products manufacturer |
17 | that has within this Commonwealth any office, sales house or |
18 | other place of business. |
19 | "Wholesale price." The price for which a tobacco |
20 | manufacturer sells a tobacco product to a tobacco product |
21 | distributor or wholesaler, exclusive of any discount, rebate or |
22 | other reduction. |
23 | Section 3. Incidence and rate of tax on tobacco products. |
24 | (a) General rule.--Except as set forth in subsection (d), a |
25 | tax is imposed on a tobacco product sold or held for sale in |
26 | this Commonwealth by a tobacco products distributor or |
27 | wholesaler to a retailer or consumer. The tax is imposed on the |
28 | tobacco product wholesale price, regardless of the actual price |
29 | at which the tobacco product is sold and regardless of whether |
30 | the tobacco product is sold. |
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1 | (b) Purchase of stamp.--A tobacco products distributor or |
2 | wholesaler that brings tobacco products or causes tobacco |
3 | products to be brought into this Commonwealth is liable for the |
4 | tax imposed by this section. The tax imposed is to be paid by |
5 | the purchase of stamps as provided in this act. The stamp shall |
6 | be affixed to or impressed upon each package of tobacco product. |
7 | (c) Tax.--The tax imposed by this section shall be at the |
8 | rate of 59.2% of the wholesale price of the tobacco product. |
9 | (d) Applicability.--The tax under this section does not |
10 | apply to a tobacco product which the Commonwealth is prohibited |
11 | from taxing under the laws of the United States. It shall be |
12 | presumed that all tobacco products within this Commonwealth are |
13 | subject to tax. The burden of proof of exemption under this |
14 | subsection is on the taxpayer or remitter claiming exemption. |
15 | Section 4. Tobacco Product Tax Account. |
16 | (a) Creation.--A restricted receipts account known as the |
17 | Tobacco Product Tax Account is created in the State Treasury. |
18 | (b) Funding.--Funds obtained from the imposition of the tax |
19 | under section 3 shall be deposited into the Tobacco Product Tax |
20 | Account to be used to subsidize adult and youth employment |
21 | programs. |
22 | (c) Lapse.--Any funds not used for the purpose under |
23 | subsection (b) by June 30, 2011, shall lapse into the General |
24 | Fund. |
25 | Section 20. Effective date. |
26 | This act shall take effect immediately. |
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