Report Title:

Retail Tobacco Permit; Repeal Sunset

Description:

Makes permanent the retail tobacco permit law.  (SD1)

THE SENATE	S.B. NO.	528
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO TOBACCO.

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

     SECTION 1.  The purpose of this Act is to continue the requirement that businesses engaged in the sale of cigarettes and other tobacco products at the retail level acquire a retail tobacco permit from the department of taxation to engage in such activity.  Act 131, Session Laws of Hawaii 2005, which enacted the requirement of a retail tobacco permit, contains a sunset clause that will repeal Act 131 on July 1, 2009.

     The legislature finds that the retail tobacco permit program has facilitated the enforcement of chapter 245, Hawaii Revised Statutes, and has resulted in an increase in taxes collected.  Consequently, this Act removes the sunset clause and keeps in place the requirement that an entity engaged in the retail sale of cigarettes or other tobacco products obtain a retail tobacco permit.

     SECTION 2.  Act 131, Session Laws of Hawaii 2005, is amended by amending section 9 to read as follows:

     "SECTION 9.  This Act shall take effect upon its approval; provided that[:

(1) Sections] sections 4 and 5 of this Act shall take effect on July 1, 2006[; and

(2) This Act shall be repealed on July 1, 2009; provided that sections 245-1 and 245-2, Hawaii Revised Statutes, shall be reenacted in the form in which they read on the day before the approval of this Act]."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on June 30, 2009.