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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1962 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to tobacco products.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Act 62, Session Laws of Hawaii 2023 (Act 62), provides, among other things, additional layers of protection against the rapid growth of the use of electronic smoking devices, including financial disincentives to purchase these products, for consumers in the State, especially for youth and young adults. However, Act 62 also establishes the offense of unlawful shipment of tobacco products, including large cigars, which has created unintended consequences for many consumers in the State.
The
purpose of this Act is to repeal certain provisions established under Act 62 to
allow for the shipment of tobacco products to consumers in the State.
SECTION 2. Section 245-16.5, Hawaii Revised Statutes, is repealed.
["§245-16.5 Unlawful shipment
of tobacco products; penalty; liability for unpaid taxes. (a) A
person or entity commits the offense of unlawful shipment of tobacco products
if the person or entity:
(1) Is engaged in
the business of selling tobacco products; and
(2) Knowingly ships
or causes to be shipped any tobacco products to a person or entity in this
State that is not a licensee under this chapter.
(b) This section shall not apply to the shipment
of tobacco products if any of the following conditions are met:
(1) The tobacco
products are exempt from taxes as provided by section 245-3(b); or
(2) All applicable
state taxes on the tobacco products are paid in accordance with the
requirements of this chapter.
(c) Unlawful shipment of tobacco products shall
be:
(1) A misdemeanor
if the person or entity knowingly ships or causes to be shipped tobacco
products having a value of less than $10,000, in violation of subsection (a);
and
(2) A class C
felony if the person or entity knowingly ships or causes to be shipped tobacco
products having a value of $10,000 or more, in violation of subsection (a).
(d) Notwithstanding the existence of other
remedies at law, any person or entity that purchases, uses, controls, or
possesses any tobacco products for which the applicable taxes imposed under
title 14 have not been paid shall be liable for the applicable taxes, plus any
penalty and interest as provided for by law.
(e) For purposes of this section:
(1) A person or
entity is a licensee if the person's or entity's name appears on a list of
authorized licensees published by the department; and
(2) "Value"
means the retail fair market value at the time of the offense."]
SECTION 3. Statutory material to be repealed is bracketed and stricken.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Tobacco Products; Unlawful Shipping; Repealed
Description:
Repeals provisions relating to the unlawful shipping of tobacco products.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.