1 | 1 | | |
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2 | 2 | | SENATE BILL 893 |
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3 | 3 | | By Stevens |
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4 | 4 | | |
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5 | 5 | | HOUSE BILL 987 |
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6 | 6 | | By Williams |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | HB0987 |
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10 | 10 | | 001978 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 67, |
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14 | 14 | | Chapter 4, relative to heated tobacco products. |
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15 | 15 | | |
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16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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17 | 17 | | SECTION 1. Tennessee Code Annotated, Section 67-4-1001(2), is amended by |
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18 | 18 | | deleting the subsection and substituting instead the following: |
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19 | 19 | | (2) |
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20 | 20 | | (A) "Cigarette" or "cigarettes" means and includes all rolled, shredded, or |
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21 | 21 | | cut tobacco, or any substitute therefor, wrapped in paper, or substitute therefor, |
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22 | 22 | | and all rolled, shredded or cut tobacco, or any substitute therefor, wrapped in |
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23 | 23 | | homogenized tobacco wrapper, and being within customary cigarette sizes and |
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24 | 24 | | marketed in cigarette type packages; |
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25 | 25 | | (B) "Cigarette" includes any cigarette produced by a cigarette rolling |
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26 | 26 | | machine at a retail establishment; |
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27 | 27 | | (C) "Cigarette" includes a "heated tobacco product"; and |
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28 | 28 | | (D) "Cigarette" does not include smokeless nicotine products; |
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29 | 29 | | SECTION 2. Tennessee Code Annotated, Section 67-4-1001, is amended by adding |
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30 | 30 | | the following new subdivision: |
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31 | 31 | | ( ) "Heated tobacco product" means a product containing tobacco that produces |
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32 | 32 | | an inhalable aerosol: |
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33 | 33 | | (i) By heating the tobacco by means of a device without combustion of |
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34 | 34 | | the tobacco; or |
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35 | 35 | | |
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36 | 36 | | |
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37 | 37 | | - 2 - 001978 |
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38 | 38 | | |
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39 | 39 | | (ii) By heat generated from a combustion source that only or primarily |
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40 | 40 | | heats rather than burns the tobacco; |
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41 | 41 | | SECTION 3. Tennessee Code Annotated, Section 67-4-1004, is amended by deleting |
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42 | 42 | | the section and substituting instead the following: |
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43 | 43 | | (a) Except as otherwise provided in subsection (e), the rate shall be three cents |
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44 | 44 | | (3¢) on each cigarette. |
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45 | 45 | | (b) In addition to the tax provided in subsection (a), every dealer or distributor of |
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46 | 46 | | tobacco products defined in this part shall pay an enforcement and administration fee to |
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47 | 47 | | the department of five hundredths of a cent (0.05¢) per pack of cigarettes for sale in |
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48 | 48 | | Tennessee. The fee shall be collected from each dealer or distributor upon the |
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49 | 49 | | purchase of tobacco tax stamps from the commissioner. |
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50 | 50 | | (c) Any wholesale dealers, jobbers, tobacco distributors, and retail dealers |
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51 | 51 | | having cigarette tax stamps, affixed and unaffixed, in their possession on July 1, 2007, |
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52 | 52 | | shall not be required to pay the additional cigarette tax on the stamps resulting from the |
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53 | 53 | | increase in the tax rate from ten (10) mills to three cents (3¢) on cigarettes bearing the |
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54 | 54 | | stamps. |
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55 | 55 | | (d) |
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56 | 56 | | (1) In addition to the tax provided in subsection (a), there shall be levied |
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57 | 57 | | an additional one-tenth of one cent (0.1¢) on each cigarette. |
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58 | 58 | | (2) Any wholesale dealers, jobbers, tobacco distributors, and retail |
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59 | 59 | | dealers having cigarette tax stamps, affixed and unaffixed, in their possession on |
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60 | 60 | | July 1, 2007, shall not be required to pay the additional cigarette tax on the |
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61 | 61 | | stamps resulting from the increase in the tax rate of one-tenth of one cent (0.1¢) |
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62 | 62 | | on cigarettes bearing the stamps. |
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63 | 63 | | |
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64 | 64 | | |
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65 | 65 | | - 3 - 001978 |
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66 | 66 | | |
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67 | 67 | | (e) For each cigarette that is a heated tobacco product, the tax rate shall be |
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68 | 68 | | fifteen hundredths of one cent (0.15¢) on each such cigarette that is a heated tobacco |
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69 | 69 | | product. Subsection (a) does not apply to cigarettes subject to tax under this subsection |
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70 | 70 | | (e). |
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71 | 71 | | SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it. |
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