While this Bill (below) is still in
committee and is likely not to ever get out of committee in its current form, it does
nonetheless reflect both the ignorance of our politicians and the influence Big Cigarette
companies and Big Pharma (and many other special interest groups) have on our
representatives. It so happens that this ridiculous attack on real tobacco occurred
during (actually preceeding ) the massive food fight over the "Debt Ceiling"
increase. Democrats (the party of which all the sponsors of this Bill belong) hadn't got
the message yet that Congress as a whole would not be passing any new revenue generators,
especially ones as whacky and deceptive as this one. The original S-CHIP tax hike which
Obama signed (his second day in office) to fund that program, has shown to be (as was
clearly obvious) not capable of doing so. In fact more recent estimates of the cost of
S-CHIP have exploded from the original $35 Billion to over $78 Billion. And some in
Congress have already began to talk about combining the S-CHIP obligations with Medicare
itself to enhance funding.
Please read it (the Bill below) so that you
may remain informed as to what your so called Reps (including Senators - this Bill was a
proposed Senate Bill) are up to. Pay attention to the names of the sponsors at the head of
the Bill. After reading it, if you could vote for any of the drudges that represent your
area, then you get what you deserve in the future. Further it (the added language) was put
at the bottom of a Bill that included and was misleadingly entitled under the Individuals
with Disabilities Education Act (IDEA) to obscure from the unwary (or too stupid/lazy to
read) the fact that it was little more than a tobacco tax increase. This kind of warm and
fuzzy entitled "non-clean" Bill is precisely what some few folks in Congress are
challenging, though not nearly enough and certainly not with enough zeal! And remember
S-CHIP itself was yet another euphemism (warm and fuzzy) for a tobacco tax increase. So
while it will unlikely ever reach a vote, we as voters CAN send a message to Washington
that elected officials that profer such garbage with such special interest agendae are no
longer welcome and will no longer have our support. There are far more than 50
million adults in this country who this bill would adversely affect and countless jobs
that would be lost. These numbers alone could elect the next President and certainly
strongly affect all other election levels as well.
Further the TTB (the taxation arm of the
BATFE) who sets tobacco taxes is also in the process of defining Pipe versus Rolling
Tobacco - again. They were supposed to have already done this as public comment was closed
well over a year ago. Recently the TTB sent out yet another request for public comment
that expires in October of 2011 which basically means that they are ostensibly starting
over from scratch. This being the case, the Bill below would be duplicitous at best. We
will soon follow this up with the text of the new "Request for Comment" sent out
by TTB. ATF and TTB likely don't want anything to do with this crap as they have far more
important things they should be working on. However, as long as we keep electing people
who continue to staff the various regulatory agencies with people who display both gross
inefficiency or downright negligence, the outcome will never be good. More soon - the ED.
READ THE BILL BELOW: And note that less the
25% of this Bill actually deals with its entitled subject. All the rest is about tobacco -
with large cigars getting their usual pass.
S 1403 IS
112th CONGRESS
1st Session
S. 1403
To amend part B of the Individuals with Disabilities Education Act to provide full Federal
funding of such part.
IN THE SENATE OF THE UNITED STATES
July 21, 2011
Mr. HARKIN (for himself, Mr. DURBIN, Mr. BLUMENTHAL, Mr. LAUTENBERG, Mrs. MURRAY, Mr.
WHITEHOUSE, Mr. LEAHY, Mr. BENNET, Mr. FRANKEN, Ms. MIKULSKI, Mr. REED, Mrs. SHAHEEN, Mr.
JOHNSON of South Dakota, and Mr. BEGICH) introduced the following bill; which was read
twice and referred to the Committee on Finance
--------------------------------------------------------------------------------
A BILL
To amend part B of the Individuals with Disabilities Education Act to provide full Federal
funding of such part.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the IDEA Full Funding Act.
SEC. 2. AMENDMENTS TO IDEA.
Section 611(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(i)) is
amended to read as follows:
(i) Funding- For the purpose of carrying out this part, other than section 619,
there are authorized to be appropriated--
(1) $12,664,883,000 for fiscal year 2012, and there are hereby appropriated, out of
any money in the Treasury not otherwise appropriated, $1,182,683,000 for fiscal year 2012,
which shall become available for obligation on July 1, 2012, and shall remain available
through September 30, 2013;
(2) $13,988,168,000 for fiscal year 2013, and there are hereby appropriated, out of
any money in the Treasury not otherwise appropriated, $2,505,968,000 for fiscal year 2013,
which shall become available for obligation on July 1, 2013, and shall remain available
through September 30, 2014;
(3) $15,468,770,000 for fiscal year 2014, and there are hereby appropriated, out of
any money in the Treasury not otherwise appropriated, $3,986,570,000 for fiscal year 2014,
which shall become available for obligation on July 1, 2014, and shall remain available
through September 30, 2015;
(4) $17,125,392,000 for fiscal year 2015, and there are hereby appropriated, out of
any money in the Treasury not otherwise appropriated, $5,643,192,000 for fiscal year 2015,
which shall become available for obligation on July 1, 2015, and shall remain available
through September 30, 2016;
(5) $18,978,960,000 for fiscal year 2016, and there are hereby appropriated, out of
any money in the Treasury not otherwise appropriated, $7,496,760,000 for fiscal year 2016,
which shall become available for obligation on July 1, 2016, and shall remain available
through September 30, 2017;
(6) $21,052,886,000 for fiscal year 2017, and there are hereby appropriated, out of
any money in the Treasury not otherwise appropriated, $9,570,686,000 for fiscal year 2017,
which shall become available for obligation on July 1, 2017, and shall remain available
through September 30, 2018;
(7) $23,373,370,000 for fiscal year 2018, and there are hereby appropriated, out of
any money in the Treasury not otherwise appropriated, $11,891,170,000 for fiscal year
2018, which shall become available for obligation on July 1, 2018, and shall remain
available through September 30, 2019;
(8) $25,969,721,000 for fiscal year 2019, and there are hereby appropriated, out of
any money in the Treasury not otherwise appropriated, $14,487,521,000 for fiscal year
2019, which shall become available for obligation on July 1, 2019, and shall remain
available through September 30, 2020;
(9) $28,874,737,000 for fiscal year 2020, and there are hereby appropriated, out of
any money in the Treasury not otherwise appropriated, $17,392,537,000 for fiscal year
2020, which shall become available for obligation on July 1, 2020, and shall remain
available through September 30, 2021; and
(10) $35,308,178,000 for fiscal year 2021, and there are hereby appropriated, out of
any money in the Treasury not otherwise appropriated, $23,825,978,000 for fiscal year
2021, which shall become available for obligation on July 1, 2021, and shall remain
available through September 30, 2022..
SEC. 3. TOBACCO TAX INCREASE AND PARITY.
(a) Short Title- This section may be cited as the Saving Lives by Lowering Tobacco
Use Act.
(b) Increase in Excise Tax on Small Cigars and Cigarettes-
(1) SMALL CIGARS- Section 5701(a)(1) of the Internal Revenue Code of 1986 is amended by
striking $50.33 and inserting $100.50.
(2) CIGARETTES- Section 5701(b) of such Code is amended--
(A) by striking $50.33 in paragraph (1) and inserting $100.50, and
(B) by striking $105.69 in paragraph (2) and inserting $211.04.
(c) Tax Parity for Pipe Tobacco and Roll-Your-Own Tobacco-
(1) PIPE TOBACCO- Section 5701(f) of the Internal Revenue Code of 1986 is amended by
striking $2.8311 cents and inserting $49.55.
(2) ROLL-YOUR-OWN TOBACCO- Section 5701(g) of such Code is amended by striking
$24.78 and inserting $49.55.
(d) Clarification of Definition of Small Cigars- Paragraphs (1) and (2) of section 5701(a)
of the Internal Revenue Code of 1986 are each amended by striking three pounds per
thousand and inserting four and one-half pounds per thousand.
(e) Clarification of Definition of Cigarette- Paragraph (2) of section 5702(b) of the
Internal Revenue Code of 1986 is amended by inserting before the final period the
following: , which includes any roll for smoking containing tobacco that weighs no
more than four and a half pounds per thousand, unless it is wrapped in whole tobacco leaf
and does not have a cellulose acetate or other cigarette-style filter.
(f) Tax Parity for Smokeless Tobacco-
(1) IN GENERAL- Section 5701(e) of the Internal Revenue Code of 1986 is amended--
(A) in paragraph (1), by striking $1.51 and inserting $26.79;
(B) in paragraph (2), by striking 50.33 cents and inserting
$10.72; and
(C) by adding at the end the following:
(3) SMOKELESS TOBACCO SOLD IN DISCRETE SINGLE-USE UNITS- On discrete single-use
units, $100.50 per each 1,000 single-use units..
(2) DISCRETE SINGLE-USE UNIT- Section 5702(m) of such Code is amended--
(A) in paragraph (1), by striking or chewing tobacco and inserting
chewing tobacco, discrete single-use unit;
(B) in paragraphs (2) and (3), by inserting that is not a discrete single-use
unit before the period in each such paragraph; and
(C) by adding at the end the following:
(4) DISCRETE SINGLE-USE UNIT- The term discrete single-use unit means
any product containing tobacco that--
(A) is intended or expected to be consumed without being combusted; and
(B) is in the form of a lozenge, tablet, pill, pouch, dissolvable strip, or other
discrete single-use or single-dose unit..
(3) OTHER TOBACCO PRODUCTS- Section 5701 of such Code is amended by adding at the end the
following new subsection:
(i) Other Tobacco Products- Any product not otherwise described under this section
that has been determined to be a tobacco product by the Food and Drug Administration
through its authorities under the Family Smoking Prevention and Control Act shall be taxed
at a level of tax equivalent to the tax rate for cigarettes on an estimated per use basis
as determined by the Secretary..
(g) Clarifying Other Tobacco Tax Definitions-
(1) TOBACCO PRODUCT DEFINITION- Section 5702(c) of the Internal Revenue Code of 1986 is
amended by inserting before the period the following: , and any other product
containing tobacco that is intended or expected to be consumed.
(2) CIGARETTE PAPER DEFINITION- Section 5702(e) of such Code is amended by striking
except tobacco, and inserting or cigar (other than roll-your-own
tobacco).
(3) CIGARETTE TUBE DEFINITION- Section 5702(f) of such Code is amended by inserting before
the period or cigars.
(4) IMPORTER DEFINITION- Section 5702(k) of such Code is amended by inserting or any
other tobacco product after cigars or cigarettes.
(h) Inflation Adjustment- Section 5701 of the Internal Revenue Code of 1986, as amended by
subsection (f)(3), is amended by adding at the end the following new subsection:
(j) Inflation Adjustment- In the case of any calendar year after 2013, each amount
set forth in this section shall be increased by an amount equal to--
(1) such amount, multiplied by
(2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar
year by substituting calendar year 2012 for calendar year 1992 in
subparagraph (B) thereof..
(i) Floor Stocks Taxes-
(1) IMPOSITION OF TAX- On tobacco products manufactured in or imported into the United
States which are removed before any tax increase date and held on such date for sale by
any person, there is hereby imposed a tax in an amount equal to the excess of--
(A) the tax which would be imposed under section 5701 of the Internal Revenue Code of 1986
on the article if the article had been removed on such date, over
(B) the prior tax (if any) imposed under section 5701 of such Code on such article.
(2) CREDIT AGAINST TAX- Each person shall be allowed as a credit against the taxes imposed
by paragraph (1) an amount equal to $500. Such credit shall not exceed the amount of taxes
imposed by paragraph (1) on such date for which such person is liable.
(3) LIABILITY FOR TAX AND METHOD OF PAYMENT-
(A) LIABILITY FOR TAX- A person holding tobacco products on any tax increase date to which
any tax imposed by paragraph (1) applies shall be liable for such tax.
(B) METHOD OF PAYMENT- The tax imposed by paragraph (1) shall be paid in such manner as
the Secretary shall prescribe by regulations.
(C) TIME FOR PAYMENT- The tax imposed by paragraph (1) shall be paid on or before the date
that is 120 days after the effective date of the tax rate increase.
(4) ARTICLES IN FOREIGN TRADE ZONES- Notwithstanding the Act of June 18, 1934 (commonly
known as the Foreign Trade Zone Act, 48 Stat. 998, 19 U.S.C. 81a et seq.), or any other
provision of law, any article which is located in a foreign trade zone on any tax increase
date shall be subject to the tax imposed by paragraph (1) if--
(A) internal revenue taxes have been determined, or customs duties liquidated, with
respect to such article before such date pursuant to a request made under the 1st proviso
of section 3(a) of such Act, or
(B) such article is held on such date under the supervision of an officer of the United
States Customs and Border Protection of the Department of Homeland Security pursuant to
the 2d proviso of such section 3(a).
(5) DEFINITIONS- For purposes of this subsection--
(A) IN GENERAL- Any term used in this subsection which is also used in section 5702 of
such Code shall have the same meaning as such term has in such section.
(B) TAX INCREASE DATE- The term tax increase date means the effective date of
any increase in any tobacco product excise tax rate pursuant to the amendments made by
this section (other than subsection (g) thereof).
(C) SECRETARY- The term Secretary means the Secretary of the Treasury or the
Secretarys delegate.
(6) CONTROLLED GROUPS- Rules similar to the rules of section 5061(e)(3) of such Code shall
apply for purposes of this subsection.
(7) OTHER LAWS APPLICABLE- All provisions of law, including penalties, applicable with
respect to the taxes imposed by section 5701 of such Code shall, insofar as applicable and
not inconsistent with the provisions of this subsection, apply to the floor stocks taxes
imposed by paragraph (1), to the same extent as if such taxes were imposed by such section
5701. The Secretary may treat any person who bore the ultimate burden of the tax imposed
by paragraph (1) as the person to whom a credit or refund under such provisions may be
allowed or made.
(j) Effective Date- The amendments made by this section shall apply to articles removed
(as defined in section 5702(j) of the Internal Revenue Code of 1986) after December 31,
2011.
Finally we received many comments
on the April update below. Almost all were in agreement. We should state however that
there are MANY fine companies and people participating and working in this industry. It
should also be obvious to all humans that when it comes to things they deeply care about
and the products involved, we as consumers want to see both passion and knowledge
displayed by those who both make and sell these products. Pretty simple. More soon and as
always we appreciate your feedback on these and all other issues - except guitars and
religion. - the ed