Pennsylvania 2023-2024 Regular Session

Pennsylvania House Bill HB1209

Introduced
5/19/23  
Refer
5/19/23  
Refer
6/14/23  
Report Pass
6/21/23  
Refer
6/21/23  
Report Pass
6/22/23  
Engrossed
6/22/23  
Refer
6/26/23  
Enrolled
10/2/23  
Chaptered
10/11/23  

Caption

In preliminary provisions, further providing for definitions; in tobacco product manufacturers directory, further providing for directory, for certification, for required information, for agent for service of process and for records and reporting and providing for nonparticipating manufacturer and importer joint and several liability and for surety bond requirements; and imposing duties on the Office of Attorney General.

Impact

If enacted, this bill will significantly enhance the state's enforcement mechanisms against nonparticipating tobacco manufacturers. It establishes stricter certification processes that require all manufacturers to provide detailed financial information, including escrow payments, and mandates that importers also assume liability for ensuring compliance. This shift seeks to better protect the state's interests and ensure that adequate funds are available to address the public health impacts of tobacco use.

Summary

House Bill 1209 aims to amend existing tobacco regulations in Pennsylvania by updating definitions and further enforcing compliance guidelines for tobacco product manufacturers. The bill specifically addresses the requirements for nonparticipating manufacturers and importers in the state, introducing joint and several liabilities for these entities. This legislative move looks to enhance the state's ability to ensure timely payments into escrow funds as mandated by the Tobacco Settlement Agreement.

Sentiment

The sentiment around HB 1209 appears largely supportive among legislators focused on public health and fiscal responsibility. Proponents argue that the bill is essential for holding manufacturers accountable and preventing revenue loss through non-compliance. However, concerns arise from tobacco industry advocates who perceive the bill as potentially punitive and burdensome, especially for smaller manufacturers who may struggle with the financial liabilities imposed.

Contention

Notable points of contention include the imposition of joint liability on importers and the financial burden it may create for companies that import tobacco products. Critics assert that these requirements could disproportionately affect smaller importers and limit competition in the market. Additionally, there are concerns regarding the extensive reporting requirements and whether they may dissuade manufacturers from operating within Pennsylvania, potentially impacting local jobs and economy.

Companion Bills

No companion bills found.

Previously Filed As

PA HB1425

In tobacco products tax, further providing for definitions, for incidence and rate of tax, for licensing of wholesalers and for licensing of retailers and providing for electronic nicotine delivery system directory.

PA HB1208

Further providing for definitions.

PA HB1407

Further providing for definitions.

PA HB586

In general provisions, further providing for definitions and for powers and duties of the department; in applications and permits, further providing for permits and licenses required, transition scheme and reporting requirements and providing for food processing residuals; and imposing penalties.

PA HB2393

In general provisions, further providing for definitions and for powers and duties of department; in applications and permits, further providing for permits and licenses required, transition scheme and reporting requirements and providing for food processing residuals; and imposing penalties.

PA SB657

In preliminary provisions, further providing for definitions; in requirements and prohibitions, providing for Pennsylvania Interscholastic Athletic Association; in access, further providing for open-records officer, for appeals officer, for regulations and policies, for requests and for retention of records; in procedure, further providing for requests, for written requests, for electronic access, for creation of record, for production of certain records and for exceptions for public records; in agency response, further providing for general rule and for extension of time; in appeal of agency determination, further providing for filing of appeal and for appeals officers; in judicial review, further providing for civil penalty and for Office of Open Records; and, in miscellaneous provisions, further providing for relation to other laws.

PA HB99

In preliminary provisions, further providing for definitions; in access, further providing for open-records officer, for appeals officer, for regulations and policies, for uniform form, for requests and for retention of records and providing for inmate access; in procedure, further providing for written requests, for redaction, for production of certain records and for exceptions for public records; in agency response, further providing for extension of time and providing for relief from vexatious requesters; in appeal of agency determination, further providing for filing of appeal and for appeals officers; in judicial review, further providing for court costs and attorney fees, for civil penalty, for fee limitations and for Office of Open Records; and, in miscellaneous provisions, further providing for relation to other laws.

PA SB869

In preliminary provisions, further providing for definitions; in access, further providing for open-records officer and for retention of records; and, in judicial review, further providing for civil penalty.

PA HB1342

In preliminary provisions, further providing for definitions; and, in procedure, further providing for exceptions for public records.

PA HB2453

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

Similar Bills

CT SB00390

An Act Concerning Changes To Cigarette Regulation To Implement The Nonparticipating Manufacturer Adjustment Settlement Agreement.

CT HB05466

An Act Concerning The Department Of Revenue Services' Statutes And Procedures, Including Background Checks For Employees, The Master Settlement Agreement, The Motor Vehicle Fuels Tax, The Estate Tax, Additions And Changes To Various Public Lists Maintained By The Department, The Payment Schedule For The Sales And Use Tax, A Data Match System With Financial Institutions, The Personal Income Tax And Technical Corrections.

CT HB07263

An Act Concerning Revisions And Technical Changes To The Tax And Related Statutes, And Certain Exemptions From The Property Tax.

CT HB06914

An Act Concerning The Use Of Funds In The Opioid And Tobacco Settlement Funds And Funds Received By The State As Part Of Any Settlement Agreement With A Manufacturer Of Electronic Nicotine Delivery System And Vapor Products.

CT HB06924

An Act Concerning The Assignment Of Funds In Qualified Escrow Funds And The Appointment Of An Agent By Certain Tobacco Product Manufacturers.

CA AB1627

Cigarette Tobacco Directory.

CA AB1742

California Cigarette Fire Safety and Firefighter Protection Act: Tobacco Master Settlement Agreement.

OR HB2128

Relating to the Master Settlement Agreement.