59-14-214 - Nonparticipating manufacturer equity assessment. - Utah Statutes

59-14-214. Nonparticipating manufacturer equity assessment.
(1) As used in this section, "nonparticipating manufacturer" means a tobacco productmanufacturer, as defined in Subsection 59-22-202(9), that is not a participating manufacturerwithin the meaning of Subsection II(jj) of the Master Settlement Agreement, as defined inSubsection 59-22-202(5).
(2) (a) There is levied an equity assessment, at the rate of 1.75 cents on each cigarette, forall cigarette packages of nonparticipating manufacturers to which a stamp is affixed as requiredunder Section 59-14-205.
(b) The equity assessment imposed by this section is in addition to all other assessments,fees, and taxes levied under existing law.
(c) The equity assessment imposed by this section shall be paid by affixing a stamp in themanner and at the time described in Section 59-14-205.
(d) Except as otherwise provided in this section, the equity assessment shall be collected,paid, administered, and enforced in the same manner as the tax on cigarettes levied by Section59-14-204.
(3) The purposes of this equity assessment are:
(a) to recover health care costs to the state imposed by nonparticipating manufacturers;
(b) to prevent nonparticipating manufacturers from undermining the state's policy ofreducing underage smoking by offering cigarettes for sale substantially below the prices ofcigarettes of other manufacturers;
(c) to protect funding, which is reduced as a result of the growth of nonparticipatingmanufacturer cigarette sales, for programs funded in whole or in part by payments to the stateunder the Master Settlement Agreement, as defined in Subsection 59-22-202(5);
(d) to recoup settlement-payment revenue lost to the state as a result of nonparticipatingmanufacturer cigarette sales; and
(e) to fund enforcement and administration of:
(i) Chapter 14, Part 6, Tobacco Manufacturer Stamping Enforcement Provisions;
(ii) Sections 59-22-201 through 59-22-203, related to nonparticipating manufacturers;and
(iii) the equity assessment imposed by this section.
(4) (a) Each manufacturer, distributor, wholesaler, or retail dealer who under Section59-14-205 affixes a stamp to a package of cigarettes, shall report monthly to the commission foreach place of business, the number and denominations of stamps affixed to individual packagesof nonparticipating manufacturer cigarettes sold by the manufacturer, distributor, wholesaler, orretail dealer in the preceding month, including the manufacturer and brand family.
(b) A person required to file a report under this section is subject to the penalties underSection 59-1-401 for failing to file a report in a timely manner, or for supplying false orfraudulent information.

Amended by Chapter 204, 2005 General Session