SENATE AMENDED
PRIOR PRINTER'S NO. 2600
PRINTER'S NO. 2630
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1736
Session of
2015
INTRODUCED BY KRUEGER-BRANEKY AND MAHER, DECEMBER 2, 2015
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, DECEMBER 8, 2015
AN ACT
Amending the act of June 22, 2000 (P.L.394, No.54), entitled "An
act requiring certain tobacco product manufacturers to place
certain moneys into an escrow fund; conferring powers and
duties upon the Attorney General and the Department of
Revenue; and imposing penalties," 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 3 of
the act of June 22, 2000 (P.L.394, No.54), known as the Tobacco
Settlement Agreement Act, is amended to read:
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section:
* * *
"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
containers,] bearing the tax stamp of the Commonwealth required
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under section 1215 of the act of March 4, 1971 (P.L.6, No.2),
known as the Tax Reform Code of 1971[.], ; BY 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, ; AND BY taxes collected by the Commonwealth on
cigarettes sold without a tax stamp , WHEN AUTHORIZED BY THE
DEPARTMENT OF REVENUE, under section 1215 1215(H) of the Tax
Reform Code of 1971. The Department of Revenue shall promulgate
such regulations as are necessary to ascertain the amount of
State tax paid on the cigarettes of such tobacco product
manufacturer for each year.
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 3
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 3 of the act shall take
effect 60 days after the Office of Attorney General publishes
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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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