Tobacco taxes-2.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0298

HOUSE BILL

NO.
HB0242

Tobacco taxes-2.

Sponsored by:
Joint Labor, Health and Social Services Interim Committee

A BILL

for

AN ACT relating to taxation and revenue; providing for an increase in tobacco taxes as specified; providing for distribution; providing a continuous appropriation; making conforming amendments; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 39
‑
18
‑
104(c) and (d), 39
‑
18
‑
107(a)(ii) and 39
‑
18
‑
111(b) are amended to read:

39
‑
18
‑
104.

Taxation rate.

(c)

In addition to the other taxes imposed by this section, there is levied and assessed upon cigars, snuff and other tobacco products purchased or imported into this state by wholesalers for resale, except cigarettes taxed under this section, an excise tax at the rate of
twenty percent (20%)
forty percent (40%)
of the wholesale purchase price at which the tobacco products are purchased by wholesalers from manufacturers.

(d)

The
tax imposed by subsection (c) of this section shall
also
be imposed upon the use or storage by consumers of cigars, snuff and other tobacco products in this state, and upon those consumers, at the rate of
ten percent (10%)
twenty percent (20%)
of the retail price of the cigar, snuff or other tobacco product
. This tax shall not apply if the tax imposed by subsection (c) of this section has been paid.

39
‑
18
‑
107.

Compliance; collection procedures.

(a)

Returns and reports. The following shall apply:

(ii)

On or before the tenth day of each calendar quarter, every consumer who, during the preceding calendar quarter, has acquired title to or possession of cigars, snuff or other tobacco products for use or storage in this state, upon which products the tax imposed by W.S.
39
‑
18
‑
103(a)(iii)
39
‑
18
‑
104(c)
has not been paid, shall file a return with the department showing the quantity of such products so acquired. The return shall be made upon a form furnished and prescribed by the department and shall contain such other information as the department may require. The return shall be accompanied by a remittance for the full unpaid tax liability shown by it.

39
‑
18
‑
111.

Distribution.

(b)

The revenue received from the tax imposed by W.S.
39
‑
18
‑
104(c) and (d)
shall be deposited
in the general fund
into the Wyoming tobacco settlement trust fund income account created by W.S. 9
‑
4
‑
1203(b) and are continuously appropriated to the substance abuse control plan established by W.S. 9
‑
2
‑
2701 through 9
‑
2
‑
2707.

Section 2.

This act is effective July 1, 2005.

(END)

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HB0242