REPORT TITLE:
Tobacco Products Report


DESCRIPTION:
Establishes a reporting mechanism to assist the attorney general
enforce the requirement that tobacco product manufacturers who
did not participate in the national Master Settlement Agreement
are to deposit certain amounts into escrow based on the number of
cigarettes sold in Hawaii. (SB2764 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2764
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO TOBACCO PRODUCTS REPORT.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The Hawaii Revised Statutes is amended by adding
 
 2 a new chapter to be appropriately designated and to read as
 
 3 follows:
 
 4                             "CHAPTER
 
 5                      TOBACCO PRODUCTS REPORT
 
 6      §   -1  Definitions.  As used in this chapter:
 
 7      "Attorney general" means the attorney general of the State
 
 8 of Hawaii.
 
 9      "Cigarette" means any product that contains nicotine,
 
10 including roll-your-own tobacco, is intended to be burned or
 
11 heated under ordinary conditions of use, and consists of or
 
12 contains:
 
13      (1)  Any roll of tobacco wrapped in paper or in any
 
14           substance not containing tobacco;
 
15      (2)  Tobacco, in any form, that is functional in the
 
16           product, which, because of its appearance, the type of
 
17           tobacco used in the filler, or its packaging and
 
18           labeling, is likely to be offered to, or purchased by,
 
19           consumers as a cigarette; or
 

 
Page 2                                                     2764
                                     S.B. NO.           S.D. 1
                                                        H.D. 1
                                                        

 
 1      (3)  Any roll of tobacco wrapped in any substance containing
 
 2           tobacco which, because of its appearance, the type of
 
 3           tobacco used in the filler, or its packaging and
 
 4           labeling, is likely to be offered to, or purchased by,
 
 5           consumers as a cigarette described in paragraph (1) of
 
 6           this definition.
 
 7      "Roll-your-own tobacco" means any tobacco, which, because of
 
 8 its appearance, type, packaging, or labeling, is suitable for use
 
 9 and likely to be offered to, or purchased by, consumers as
 
10 tobacco for making cigarettes.  0.09 ounces of "roll-your-own
 
11 tobacco" shall constitute one individual "cigarette."
 
12      "Tobacco product manufacturer" means any person who
 
13 manufactures cigarettes anywhere intended to be sold in this
 
14 State, including cigarettes that may be sold in this State
 
15 through an importer.
 
16      §   -2  Reports to attorney general.  Any tobacco product
 
17 manufacturer selling cigarettes to consumers within this State
 
18 (whether directly or through a distributor, retailer, or similar
 
19 intermediary or intermediaries) shall file a report with the
 
20 attorney general setting forth:
 
21      (1)  Its name and trade name, if any;
 
22      (2)  The address of its principal place of business;
 

 
 
 
Page 3                                                     2764
                                     S.B. NO.           S.D. 1
                                                        H.D. 1
                                                        

 
 1      (3)  A memorandum or a copy of the invoice covering each and
 
 2           every shipment of cigarettes made during the previous
 
 3           calendar quarter into this State; and
 
 4      (4)  Other information as may be required by the attorney
 
 5           general.
 
 6 The memorandum or copy of the invoice shall include the name and
 
 7 address of the person to whom the shipment was made, the brand,
 
 8 and the quantity of cigarettes shipped.  The attorney general may
 
 9 prescribe the format the report shall take.  The report shall be
 
10 filed with the attorney general not later than the thirtieth day
 
11 of each calendar quarter covering the previous calendar quarter.
 
12      §   -3  Penalties.  The attorney general may bring a civil
 
13 action against any tobacco product manufacturer who fails to file
 
14 the reports required under this chapter."
 
15      SECTION 2.  This Act shall take effect upon its approval.