Louisiana 2015 Regular Session

Louisiana House Bill HB380

Introduced
4/2/15  
Introduced
4/2/15  
Refer
4/2/15  
Refer
4/2/15  
Refer
4/13/15  
Refer
4/13/15  
Report Pass
5/18/15  
Engrossed
5/27/15  
Refer
5/28/15  
Refer
5/28/15  
Report Pass
6/1/15  

Caption

Provides relative to requirements for stamping cigarettes (REF INCREASE GF RV See Note)

Impact

The bill directly impacts the operational procedures for tobacco dealers by removing provisions that allowed them to retain unstamped stock for interstate sales. It establishes a requirement for dealers holding an exporter license to affix necessary stamps for the other state within 72 hours of receipt. Additionally, the bill clarifies how unstamped items must be managed within a dealer's inventory, compelling dealers to separate approved stock from products not listed on the attorney general's directory. These measures intend to fortify tax collection mechanisms while reducing illicit tobacco activity.

Summary

House Bill 380 introduces significant amendments to tobacco regulations, particularly concerning the requirements for stamping cigarettes prior to their sale or distribution. Previously, the law mandated that cigarettes receive tax stamps immediately upon receipt by dealers. This bill shifts that requirement, mandating that cigarettes must be stamped before they can be sold, offered for sale, or otherwise distributed. By imposing this change, HB 380 aims to enhance tax compliance and streamline the regulatory process for tobacco dealers operating within the state.

Sentiment

The general sentiment around HB 380 reflects a proactive approach to regulating tobacco sales and reducing evasion of tax laws. Supporters of the bill, likely those aligned with public health advocacy and fiscal responsibility, view it positively as a necessary update to existing regulations that eases the path for proper tax collection. However, concerns were voiced by some industry stakeholders who fear that these stringent requirements may complicate business operations and may have unintended economic repercussions on small tobacco dealers.

Contention

One notable point of contention surrounding the bill is the perceived burden it places on tobacco dealers, particularly small businesses, who may struggle to meet the new compliance requirements. Critics of the bill may argue that while tax compliance is essential, the bill's stringent stipulations could disproportionately affect smaller operations compared to larger entities that have more resources to adapt to new regulations. This tension between ensuring effective regulatory oversight and protecting local businesses encapsulates the broader challenges faced in tobacco legislation.

Companion Bills

No companion bills found.

Previously Filed As

LA HB710

Changes the time period in which cigarettes must be stamped

LA HB641

Provides relative to tobacco enforcement (EN +$75,000 GF EX See Note)

LA HB477

Provides for minimum pricing of cigarettes (EN NO IMPACT GF RV See Note)

LA HB12

Repeals the discounts to licensed tobacco dealers for accurately reporting and remitting excise taxes on certain tobacco products and for stamping cigarettes (Item #22) (OR +$2,300,000 GF RV See Note)

LA HB1264

Prohibits the sale of electronic cigarettes and vapor products to persons under the age of eighteen (RE SEE FISC NOTE LF RV See Note)

LA HB18

Reduces the amount of the discount for accurately reporting and remitting excise taxes on certain tobacco products and the amount of the discount for stamping cigarettes (Item #22) (EN +$1,100,000 GF RV See Note)

LA HB26

Reduces the amount of the discount for accurately reporting and remitting excise taxes on certain tobacco products and the amount of the discount for stamping cigarettes (Item #22) (OR +$2,400,000 GF RV See Note)

LA HB669

Continues a portion of the excise tax levied on cigarettes in statute (EN SEE FISC NOTE GF RV See Note)

LA HB208

Provides relative to alternative nicotine products (OR SEE FISC NOTE LF RV)

LA HB10

Reduces the amount of the discount for licensed tobacco dealers for accurately reporting and remitting excise taxes on certain tobacco products and the amount of the discount for stamping cigarettes (Item #22) (OR +$2,400,000 GF RV See Note)

Similar Bills

CA SB538

Electronic cigarettes.

TX SB97

Relating to regulation of the sale, distribution, possession, use, and advertising of e-cigarettes, cigarettes, and tobacco products; amending provisions subject to a criminal penalty.

TX HB170

Relating to regulation of the sale, distribution, possession, use, and advertising of e-cigarettes, cigarettes, and tobacco products; creating criminal offenses.

TX SB2054

Relating to a directory of e-cigarettes and alternative nicotine products sold in this state, and regulation of the sale and distribution of e-cigarettes and alternative nicotine products; imposing fees; creating criminal offenses; imposing a civil penalty; imposing administrative penalties.

TX HB4481

Relating to a directory of e-cigarettes and alternative nicotine products sold in this state, and regulation of the sale and distribution of e-cigarettes and alternative nicotine products; imposing fees; creating criminal offenses; imposing a civil penalty; imposing administrative penalties.

CA SB1408

Cigarettes: seizure.

WV SB426

Increasing rate of taxation on cigarettes and tobacco-related products

TX HB3536

Relating to imposing a fee on the sale of cigarettes and cigarette tobacco products manufactured by certain companies; providing penalties.