I think you may have misread, or mistyped.
(1) On and after April 1, 2016, an excise tax is levied and imposed on sales of e-cigarette liquid at the rate of 7.5¢ per milliliter or fraction thereof, or if not sold, then at the same rate upon the use by the wholesaler or dealer. For purposes of this article, any distributor, dealer, subjobber, subjobber dealer, retailer or any other person that imports or transports e-cigarette liquids into this state, or that causes e-cigarette liquids to be imported or transported into this state, is hereby deemed to be a wholesaler for purposes of this section, and is liable for the tax imposed under this article.
From: SB 420 Text
It is 7.5 cents /ml and not !== .075 cent/s /ml. Also anyone selling from out of state needs to register with the state's tax commissioner for approval. And from what I'm understanding, they would need such approval for each sale.
Also from the same source:
(1) The Tax Commissioner has the authority to inspect or examine the records, books, and papers, and any equipment or e-cigarette apparatus, and any stock of e-cigarette liquid kept in or upon the premises of persons who sell, possess or store e-cigarette liquid, for the purpose of determining the quantity and value of e-cigarette liquid acquired, on hand or disbursed, to verify the truth and accuracy of any statement, return, form, or report, and to ascertain whether the tax imposed by this article has been properly paid.
So then each out of state seller must allow for the WV tax commissioner to come to their business and inspect their records, facilities, inventories? Who pays for the commissioner's travel and expenses? Does this not also violate some form of conflict of interest, as in knowledge of what business has what assets in order to facilitate running businesses out of business?
Fine.
What is the EXACT AMOUNT of fraud that ANY man or woman has the right to
commit?
What is the EXACT AMOUNT of fraud that ANY man or woman has an actual
obligation to endure?
What is the BASIC PREMISE that is being operated off of, in the instant
case?
Let WV Attorney General, or a Judicial Administrator come and answer those questions here in public, please. I do believe this legislation to be fraudulent. It seems to infer taxation without representation with full prejudice. In simple terms, it is against the Doctrine of Void for Vagueness and is being offered as such by those alleged to represent me, my wife, my family yet they do not. Instead they represent big tobacco industries. So please, do welcome WV Attorney General or a WV Judicial Administrator to come and answer these three questions, here in a public forum.
Here again are the questions:
What is the EXACT AMOUNT of fraud that ANY man or woman has the right to
commit?
What is the EXACT AMOUNT of fraud that ANY man or woman has an actual
obligation to endure?
What is the BASIC PREMISE that is being operated off of, in the instant
case?
If they choose not to answer, or cannot answer I rule to nullify the legislation without prejudice on the grounds of violating Constitutional Void for Vagueness Doctrine. I am a "common man" and what I see of the legislation is far too vague to be defined clearly.
Further I have such right as guaranteed by the ninth amendment of the Constitution for The United States of America. This amendment:
Article the eleventh [Amendment IX]
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Here is the source: Bill of Rights
Clarification:
(1) The Tax Commissioner has the authority to inspect or examine the records, books, and papers, and any equipment or e-cigarette apparatus, and any stock of e-cigarette liquid kept in or upon the premises of persons who sell, possess or store e-cigarette liquid, for the purpose of determining the quantity and value of e-cigarette liquid acquired, on hand or disbursed, to verify the truth and accuracy of any statement, return, form, or report, and to ascertain whether the tax imposed by this article has been properly paid.
This to me does not make sense and is confusing. How does the WV tax commissioner plan to tax those sellers in other states, in other countries even? How will law in WV be enacted for other localities? Will it even?
WV is going to waltz in and take revenue from others? I think others may have quite a few choice words at the least. If businesses are incorporated they fall now under being persons, people. They are entitled to no undue searches & seizures. The more I ponder this it makes less and less sense.
Hopefully, our senators & representatives will not see any sense in it as well. Kind of hearing they are not from someone keen to be aware of goings on.
Now, I'm going to go vape myself into a stupor. Cloudz Brah, Cloudz!
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