1201 AMH CLEM H2255.1

1201 AMH CLEM H2255.1

HB 1201 - H AMD

By Representative Clements

On page 1, beginning on line 8, after "to" strike all material through "agreements" on line 11, and insert "authorize the governor to enter into cooperative agreements that are cigarette tax contracts with Indian tribes"

On page 2, line 1, after "into" strike "cooperative agreements" and insert "cigarette tax contracts"

On page 2, line 2, after "cigarettes" strike all material through "agreements" and insert "with Indian tribes. All cigarette tax contracts"

On page 2, beginning on line 3, after "for" strike all material through "the" on line 4, and insert "cigarette tax contracts under this section. The"

On page 2, line 5, after "a" strike "cooperative agreement" and insert "cigarette tax contract"

On page 2, line 7, after "(2)" strike "Cooperative agreements" and insert "Cigarette tax contracts"

On page 2, at the beginning of line 10, strike "Indian" and insert "cigarette tax"

On page 2, line 10, after "addition," strike "cooperative agreements" and insert "cigarette tax contracts"

On page 2, line 13, after "(3) A" strike "cooperative agreement" and insert "cigarette tax contract"

On page 2, line 15, after "on" strike "Indian" and insert "cigarette tax"

On page 2, beginning on line 18, strike all of subsection (4) and insert the following:

"(4) Cigarette tax contracts shall provide that the first possessor of all cigarettes possessed or sold by an Indian retailer shall affix to the cigarettes a cigarette stamp authorized by the state of Washington."

On page 2, line 22, after "(5)" strike "Cooperative agreements" and insert "Cigarette tax contracts"

On page 2, line 28, after "of the" strike "cooperative agreement" and insert "cigarette tax contract and this section"

On page 2, beginning on line 36, strike all of subsections (6) and (7), and insert the following:

"(6) Cigarette tax contracts shall identify acts constituting a breach of the contract. The contract shall specify penalties particularized to each identified breach. Contracts shall identify procedures for the liquor control board and participating tribes to resolve disputes."

Renumber the remaining subsections consecutively and correct any internal references accordingly.

On page 3, line 1, after "tribe" insert "from the sale of cigarettes"

On page 3, beginning on line 4, strike all of subsection (9) and insert the following:

"(9) Cigarette tax contracts must direct disputes regarding the interpretation and administration of their provisions to a superior court in Washington state for judicial resolution. In any legal dispute concerning the performance under the terms and conditions of a cigarette tax contract, the state of Washington shall be represented by the liquor control board. The refusal of a cigarette tax contract signor to submit to the jurisdiction of the state of Washington operates to terminate the cigarette tax contract."

On page 3, beginning on line 11, strike "cooperative agreements" and insert "cigarette tax contracts"

On page 3, line 14, strike "an agreement" and insert "a contract"

On page 3, line 12, after "revenue" insert "acting with the assistance of the liquor control board"

On page 3, after line 15, insert the following:

"(12) Contracts authorized by this section do not impair or otherwise affect any present or future assertion of sovereignty by a party to the contract."

Renumber the remaining subsection consecutively and correct any internal references accordingly.

On page 3, line 16, after "For" insert "the limited"

On page 3, line 22, after "(b)" strike ""Indian lands"" and insert ""Cigarette tax lands""

On page 3, line 29, after "trust" insert "by the United States"

On page 3, line 35, after "into" strike "cooperative agreements" and insert "cigarette tax contracts"

On page 4, line 1, after "Each" strike "agreement" and insert "contract"

On page 4, line 11, strike "agreement" and insert "contract"

On page 4, at the beginning of line 14, strike "the agreement" and insert "the contract"

On page 4, line 17, after "A" strike "cooperative agreement" and insert "cigarette tax contract"

On page 4, at the beginning of line 23, strike "cooperative agreement" and insert "cigarette tax contract"

On page 4, line 27, after "retailer" insert "on cigarette tax lands"

On page 4, line 28, after "a" strike "cooperative agreement" and insert "cigarette tax contract"

On page 4, line 33, after "retailer" strike all material through "agreement" and insert "on cigarette tax lands during the effective period of a contract with an Indian tribe"