Chapter 104

2008 -- H 7350 SUBSTITUTE A AS AMENDED

Enacted 06/27/08

 

A N A C T

RELATING TO TAXATION -- CIGARETTE TAX

          

     Introduced By: Representatives Shanley, Williamson, Diaz, Malik, and Loughlin

     Date Introduced: February 05, 2008

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 44-20-1 and 44-20-13.2 of the General Laws in Chapter 44-20

entitled "Cigarette Tax" are hereby amended to read as follows:

 

     44-20-1. Definitions. -- Whenever used in this chapter, unless the context requires

otherwise:

      (1) "Administrator" means the tax administrator;

      (2) "Cigarettes" means and includes any cigarettes suitable for smoking in cigarette

form, and each sheet of cigarette rolling paper;

      (3) "Dealer" means any person whether located within or outside of this state, who sells

or distributes cigarettes to a consumer in this state;

      (4) "Distributor" means any person:

      (A) Whether located within or outside of this state, other than a dealer, who sells or

distributes cigarettes within or into this state. Such term shall not include any cigarette

manufacturer, export warehouse proprietor, or importer with a valid permit under 26 U.S.C.

section 5712, if such person sells or distributes cigarettes in this state only to licensed distributors,

or to an export warehouse proprietor or another manufacturer with a valid permit under 26 U.S.C.

section 5712;

      (B) Selling cigarettes directly to consumers in this state by means of at least twenty-five

(25) cigarette vending machines.

      (5) "Importer" means any person who imports into the United States, either directly or

indirectly, a finished cigarette for sale or distribution;

      (6) "Licensed", when used with reference to a manufacturer, importer, distributor or

dealer, means only those persons who hold a valid and current license issued under section 44-20-

2 for the type of business being engaged in. When the term "licensed" is used before a list of

entities, such as "licensed manufacturer, importer, wholesale dealer, or retailer dealer," such term

shall be deemed to apply to each entity in such list;

      (7) "Manufacturer" means any person who manufactures, fabricates, assembles,

processes, or labels a finished cigarette;

      (8) "Person" means any individual, firm, fiduciary, partnership, corporation, trust, or

association, however formed;

      (9) "Place of business" means and includes any place where cigarettes are sold or where

cigarettes are stored or kept for the purpose of sale or consumption, including any vessel, vehicle,

airplane, train, or vending machine;

      (10) "Sale" or "sell" includes and applies to gifts, exchanges, and barter;

      (11) “Snuff” means any finely cut, ground, or powdered tobacco that is not intended to be

smoked;

      (12) (11) "Stamp" means the impression, device, stamp, label, or print manufactured,

printed, or made as prescribed by the administrator to be affixed to packages of cigarettes, as

evidence of the payment of the tax provided by this chapter or to indicate that the cigarettes are

intended for a sale or distribution in this state that is exempt from state tax under the provisions of

subsection 44-20-12.3(a) state law; and also includes impressions made by metering machines

authorized to be used under the provisions of this chapter.

 

     44-20-13.2. Tax imposed on smokeless tobacco, cigars, little cigars and pipe tobacco

products. -- (a) A tax is imposed on all smokeless tobacco, cigars, and pipe tobacco products sold

or held for sale in the state by any person, the payment of the tax to be accomplished according to a

mechanism established by the administrator, division of taxation, department of administration.

Any tobacco product on which the proper amount of tax provided for in this chapter has been

paid, payment being evidenced by a stamp, is not subject to a further tax under this chapter. The

tax imposed by this section shall be as follows:

      (1) At the rate of forty percent (40%) of the wholesale cost of cigars, pipe tobacco

products and smokeless tobacco other than snuff.

      (2) Notwithstanding the forty percent (40%) rate in subsection (a) above, in the case of

cigars, the tax shall not exceed fifty cents ($.50) for each cigar. for the period July 1, 2006

through June 30, 2008.

      (3) At the rate of one dollar ($1.00) per ounce of snuff, and a proportionate tax at the like

rate on all fractional parts of an ounce thereof. Such tax shall be computed based on the net

weight as listed by the manufacturer, provided, however, that any product listed by the

manufacturer as having a net weight of less than 1.2 ounces shall be taxed as if the product has a

net weight of 1.2 ounces.

      (b) The proceeds collected are paid into the general fund.

     

     SECTION 2. Title 44 of the General Laws entitled "TAXATION" is hereby amended by

adding thereto the following chapter:

 

CHAPTER 20.2

LITTLE CIGAR TAX

 

     44-20.2-1. Definitions. – Whenever used in this chapter, unless the context requires

otherwise:

     (1) “Administrator” means the tax administrator;

     (2) “Little cigars” means and includes any roll, made wholly or in part of tobacco,

irrespective of size or shape and irrespective of whether the tobacco is flavored, adulterated or

mixed with any other ingredient, where such roll has a wrapper or cover made of tobacco

wrapped in leaf tobacco or any substance containing tobacco paper or any other material, except

where such wrapper is wholly or in greater part made of tobacco and such roll weighs over three

(3) pounds per thousand (1,000);

     (3) “Dealer” means any person whether located within or outside of this state, who sells

or distributes little cigars to a consumer in this state;

     (4) “Distributor” means any person:

     (A) Whether located within or outside of this state, other than a dealer, who sells or

distributes little cigars within or into this state. Such term shall not include any little cigar

manufacturer, export warehouse proprietor, or importer with a valid permit under 26 U.S.C.

section 5712, if such person sells or distributes little cigars in this state only to licensed

distributors, or to an export warehouse proprietor or another manufacturer with a valid permit

under 26 U.S.C. section 5712;

     (B) Selling little cigars directly to consumers in this state by means of at least twenty-five

(25) little cigar vending machines.

     (5) “Importer” means any person who imports into the United States, either directly or

indirectly, a finished little cigar for sale or distribution;

     (6) “Licensed” when used with reference to a manufacturer, importer, distributor or

dealer, means only those persons who hold a valid and current license issued under section 44-20-

2 for the type of business being engaged in. When the term “licensed” is used before a list of

entities, such as “licensed manufacturer, importer, wholesale dealer, or retailer dealer,” such term

shall be deemed to apply to each entity in such list;

     (7) “Manufacturer” means any person who manufactures, fabricates, assembles,

processes, or labels a finished little cigar;

     (8) “Person” means any individual, firm, fiduciary, partnership, corporation, trust, or

association, however formed;

     (9) “Place of business” means and includes any place where little cigars are sold or where

little cigars are stored or kept for the purpose of sale or consumption, including any vessel,

vehicle, airplane, train, or vending machine;

     (10) “Sale” or “Sell” includes and applies to gifts, exchanges, and barter;

     (11) “Snuff” means any finely cut, ground, or powdered tobacco that is not intended to be

smoked;

     (12) “Stamp” means the impression, device, stamp, label, or print manufactured, printed,

or made as prescribed by the administrator to be affixed to packages of little cigars, as evidence

of the payment of the tax provided by this chapter or to indicate that the little cigars are intended

for a sale or distribution in this state that is exempt from state tax under the provisions of state

law and also includes impressions made by metering machines authorized to be used under the

provisions of this chapter.

 

     44-20.2-2. Tax imposed on little cigars sold. – The tax imposed on little cigars shall be

imposed in accordance with the provisions of sections 44-20-2 through 44-20-55.

 

     SECTION 3. Section 11-9-13.4 of the General Laws in Chapter 11-9 entitled "Children"

is hereby amended to read as follows:

 

     11-9-13.4. Definitions. -- As used in this chapter:

      (1) "Bidi cigarette" means any product that (i) contains tobacco that is wrapped in

temburni or tender leaf or that is wrapped in any other material identified by rules of the

Department of Health that is similar in appearance or characteristics to the temburni or tender leaf

and (ii) does not contain a smoke filtering device.

      (2) "Court" means any appropriate district court of the state of Rhode Island.

      (3) "Dealer" is synonymous with the term "retail tobacco products dealer".

      (4) "Department of mental health, retardation and hospitals" means the state of Rhode

Island mental health, retardation and hospitals department, its employees, agents or assigns.

      (5) "Department of taxation" means the state of Rhode Island taxation division, its

employees, agents, or assigns.

      (6) "License" is synonymous with the term "retail tobacco products dealer license."

      (7) "License holder" is synonymous with the term "retail tobacco products dealer."

      (8) "Person" means any individual person, firm, association, or corporation licensed as a

retail dealer to sell tobacco products within the state.

      (9) "Retail tobacco products dealer" means the holder of a license to sell tobacco

products at retail.

      (10) "Retail tobacco products dealer license" means a license to sell tobacco products at

retail as issued by the department of taxation.

      (11) "Spitting tobacco" also means snuff, powdered tobacco, chewing tobacco, dipping

tobacco, pouch tobacco or smokeless tobacco.

      (12) "Tobacco product(s)" means any product containing tobacco, including bidi

cigarettes, as defined in subdivision (1) of this section, which can be used for, but whose use is

not limited to, smoking, sniffing, chewing or spitting of the product.

      (13) "Underage individual" or "underage individuals" means any child under the age of

eighteen (18) years of age.

     (14) “Little cigars” means and includes any roll, made wholly or in part of tobacco,

irrespective of size or shape and irrespective of whether the tobacco is flavored, adulterated or

mixed with any other ingredient, where such roll has a wrapper or cover made of tobacco

wrapped in leaf tobacco or any substance containing tobacco paper or any other material, except

where such wrapper is wholly or in greater part made of tobacco and such roll weighs over three

(3) pounds per thousand (1,000).

 

     SECTION 4. This act shall take effect upon passage.

     

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LC01257/SUB A/2

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