hb1227_Sen_ctee_sub_LC_36_1067ERS_7.html
08 LC 36 1067ERS

The Senate Regulated Industries and Utilities Committee offered the following substitute to HB 1227:

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to provide for utilization of digital based cigarette stamp processes; to provide a short title; to provide for dates and stages of implementation; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
This Act shall be known and may be cited as the "Anti-cigarette Smuggling Act."

SECTION 2.
Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, is amended by adding a new Code section to read as follows:
"48-11-3.1.
(a) The department shall utilize appropriate new technology on a state-wide basis which implements digital based cigarette stamp processes that will further ensure against forgery and tax evasion and aid the department in enforcement. Said technology shall feature instant verification of the validity of a stamp by an enforcement officer without the use of a central data base and shall enable the department to track and trace individual packages of cigarettes.
(b) Not later than three months after the date this Code section becomes effective, the department shall issue a request for proposals to qualified vendors for technology meeting the requirements of subsection (a) of this Code section.
(c) Not later than six months after the date this Code section becomes effective, the department shall develop and implement a pilot program to determine the most beneficial manner of implementing the technology meeting the requirements of subsection (a) of this Code section.
(d) Not later than 15 months after the date this Code section becomes effective, the department shall complete state-wide implementation of the technology meeting the requirements of subsection (a) of this Code section."

SECTION 3.
This Act shall become effective only if funds are specifically appropriated for purposes of this Act, including specific appropriations for distributor and enforcement equipment and additional Department of Revenue enforcement employees and training for such employees, in an appropriations Act making specific reference to this Act and shall become effective when the funds so appropriated become available for expenditure.

SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.