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Indiana General Assembly
House Bill 1788


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House Bill 1788

ARCHIVE (2003)

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DIGEST OF HB 1788 (Updated April 25, 2003 4:02 PM - DI 103)

Sale of tobacco. Provides that a cigarette distributor with five consecutive years of good credit standing with the state is not required to post a bond as a condition of paying for revenue stamps within 30 days of the purchase date. Requires a cigarette distributor to include an invoice in each shipment or delivery of cigarettes to a retailer. Requires a retailer to keep an invoice for at least two weeks. Authorizes the department of state revenue (department) or the alcohol and tobacco commission (commission) to impose a civil penalty upon a retailer who fails to produce an invoice or other evidence that cigarettes were purchased from a legitimate distributor. Permits the state to seize undocumented cigarettes. Increases the penalty for selling cigarettes below cost from a Class C to a Class A infraction and deposits monetary judgments in the commission's enforcement and administration fund. Prohibits smoking on a school bus during a school week or a school activity. Renames the youth tobacco education and enforcement fund the Richard D. Doyle youth tobacco education and enforcement fund. Provides that excess escrow payments made in Indiana by a nonparticipating tobacco product manufacturer revert to the nonparticipating tobacco product manufacturer. Requires a tobacco product manufacturer to: (1) certify that it is a participating manufacturer in the tobacco master settlement agreement or maintain a qualified escrow fund; and (2) list the manufacturer's brand families of cigarettes. Requires the attorney general to electronically publish a directory of tobacco product manufacturers and brand families and notify a cigarette distributor at least 30 days before the attorney general removes a tobacco product manufacturer or brand family from the directory. Prohibits the attorney general from restoring a tobacco product manufacturer or brand family to the directory until the tobacco product manufacturer refunds any money due a distributor, stamping agent, or retailer. Requires a foreign nonparticipating manufacturer to appoint an agent for service of process. Provides that: (1) the department may revoke or suspend the license of; and (2) the department or commission may impose a civil penalty on; a distributor or stamping agent that affixes a stamp on or sells cigarettes of a manufacturer or brand family that is not listed in the directory. Deposits the civil penalties in the commission's enforcement and administration fund. Allows the state to recover the costs of an action to enforce the certification requirements.
Current Status:
 Law Enacted
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