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H0621......................................................by STATE AFFAIRS IDAHO TOBACCO MASTER SETTLEMENT AGREEMENT - Amends existing law relating to the Idaho Tobacco Master Settlement Agreement Complementary Act to revise the definition of "stamping agent" to mean a person who is authorized to wholesale cigarettes or who is required to affix tax stamps to packages or other containers of cigarettes, as well as any person who pays a tobacco products tax on "roll your own" tobacco. 02/09 House intro - 1st rdg - to printing 02/10 Rpt prt - to St Aff 02/22 Rpt out - rec d/p - to 2nd rdg 02/23 2nd rdg - to 3rd rdg 02/27 3rd rdg - PASSED - 62-1-7 AYES -- Andrus, Barraclough, Barrett, Bastian, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Rusche, Rydalch, Sali(Sali), Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood, Mr. Speaker NAYS -- McKague Absent and excused -- Anderson, Bayer, Brackett, Crow, Henbest, Roberts, Trail Floor Sponsor - Edmunson Title apvd - to Senate 02/28 Senate intro - 1st rdg - to St Aff 03/06 Rpt out - rec d/p - to 2nd rdg 03/07 2nd rdg - to 3rd rdg 03/09 3rd rdg - PASSED - 34-0-1 AYES -- Andreason(Hatch), Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Werk, Williams NAYS -- None Absent and excused -- Sweet Floor Sponsor - Little Title apvd - to House 03/10 To enrol 03/13 Rpt enrol - Sp signed 03/14 Pres signed 03/15 To Governor 03/15 Governor signed Session Law Chapter 74 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 621 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT; 3 AMENDING SECTION 39-8402, IDAHO CODE, TO REVISE THE DEFINITION OF 4 "STAMPING AGENT" AND TO MAKE TECHNICAL CORRECTIONS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 39-8402, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 39-8402. DEFINITIONS. (1) "Brand family" means all styles of cigarettes 9 sold under the same trademark and differentiated from one another by means of 10 additional modifiers or descriptors including, but not limited to, "menthol," 11 "lights," "kings," and "100s," and includes any brand name (alone or in con- 12 junction with any other word), trademark, logo, symbol, motto, selling mes- 13 sage, recognizable pattern of colors, or any other indicia of product identi- 14 fication identical or similar to, or identifiable with, a previously known 15 brand of cigarettes. 16 (2) "Cigarette" has the same meaning as that term is defined in section 17 39-7802(d), Idaho Code. 18 (3) "Commission" means the state tax commission for the state of Idaho. 19 (4) "Master settlement agreement" has the same meaning as that term is 20 defined in section 39-7802(e), Idaho Code. 21 (5) "Nonparticipating manufacturer" means any tobacco product manufac- 22 turer that is not a participating manufacturer. 23 (6) "Participating manufacturer" has the same meaning as that term is 24 defined in section II(jj) of the master settlement agreement and all amend- 25 ments thereto. 26 (7) "Qualified escrow fund" has the same meaning as that term is defined 27 in section 39-7802(f), Idaho Code. 28 (8) "Stamping agent" means a personthatwho is authorized to wholesale 29 cigarettes or is required to affix tax stamps to packages or other containers 30 of cigarettesunderas well as any person who pays a tobacco products tax on 31 "roll your own" tobacco, pursuant to chapter 25, title 63, Idaho Code. 32 (9) "Tobacco product manufacturer" has the same meaning as that term is 33 defined in section 39-7802(i), Idaho Code. 34 (10) "Units sold" has the same meaning as that term is defined in section 35 39-7802(j), Idaho Code.
STATEMENT OF PURPOSE RS 15881 This proposed legislation clarifies that the term "stamping agent", under Idaho's Tobacco Master Settlement Agreement Complementary Act ("the Complementary Act"), includes those persons who pay the tobacco tax on roll-your-own tobacco. The intent of the Complementary Act is to require stamping agents to report to the Attorney General, quarterly, all cigarette and roll-your-own tobacco sales. The present definition of "stamping agent" speaks in terms of those persons who affix Idaho's cigarette tax stamp but does not address those persons who pay tobacco taxes on roll-your-own tobacco but do so without affixing a cigarette tax stamp. The amended language will make sure that all appropriate parties report their cigarette and roll-your-own sales as required by the Complementary Act. FISCAL NOTE There is no fiscal impact to the general fund. Contact Name: Brett T. DeLange, Name: William A. Von Tagen Agency: Office of the Attorney General Phone: (208) 334-4144 STATEMENT OF PURPOSE/FISCAL NOTE H 621