2006 Legislation
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HOUSE BILL NO. 621 – Tobacco, stamping agent, definition

HOUSE BILL NO. 621

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN 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 person that who is authorized to wholesale
 29    cigarettes or is required to affix tax stamps to packages or other  containers
 30    of  cigarettes  under as 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 / Fiscal Impact



                       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