§ 69-2708.01 — Stamping agent; responsible for escrow deposits; when; liability; calculation

Nebraska § 69-2708.01

• Jurisdiction: Nebraska
• Ch. 69: Personal Property

Text

(1) A stamping agent shall be responsible
for escrow deposits required under subdivision (2) of section 69-2703 in the
event it receives notice from the Attorney General that there is a shortfall
amount with respect to nonparticipating manufacturer cigarettes stamped by
it.
(2) The liability
of a stamping agent for escrow deposits shall be calculated as follows: If
there is a shortfall amount for a nonparticipating manufacturer for a calendar
quarter, each stamping agent that sold cigarettes of that nonparticipating
manufacturer during the calendar quarter shall deposit into such escrow account
as shall be designated by the state an amount equal to the applicable shortfall
amount multiplied by a fraction, the numerator of which is the number of cigarettes
of that nonparticipating manufacturer sold in or into the state by the stamping
agent during that calendar quarter and the denominator of which is the total
number of cigarettes of that nonparticipating manufacturer sold by all stamping
agents in or into the state during that calendar quarter, except that any
nonparticipating manufacturer cigarettes sold in or into the state by a stamping
agent during the calendar quarter in which the stamping agent collected and
deposited the required escrow deposit amount on or before the due date for
deposits for that quarter under subdivision (2) of section 69-2703 shall be
excluded from both the numerator and the denominator of the fraction. To the
extent a stamping agent makes payments with respect to a shortfall amount
under this subsection, such stamping agent shall have a claim against the
nonparticipating manufacturer for such amount.
(3) A stamping agent shall
not be liable for escrow deposits under subsections (1) and (2) of this section
if, at the time of purchase of such nonparticipating manufacturer's cigarettes:
(a) The nonparticipating
manufacturer is on the directory pursuant to section 69-2706 ; and
(b) The state denotes
on the directory that the nonparticipating manufacturer has posted the appropriate
bond required under section 69-2707.01 .

Legislative History

Source: Laws 2011, LB590, § 11.