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H0609...............................................by REVENUE AND TAXATION MOIST SNUFF - TAX - Amends existing law to provide that moist snuff shall be taxed at the rate of seventy-six cents per ounce; and to provide for distribution of the tax revenues effective January 1, 2001. 02/18 House intro - 1st rdg - to printing 02/21 Rpt prt - to Rev/Tax 02/28 Rpt out - rec d/p - to 2nd rdg 02/29 2nd rdg - to 3rd rdg 03/02 3rd rdg - PASSED - 34-33-3 AYES -- Barrett, Bruneel, Chase, Clark, Crow, Cuddy, Deal, Field(13), Field(20), Geddes, Hansen(29), Henbest, Jaquet, Jones, Judd, Kellogg, Kempton, Kunz, Linford, Marley, McKague, Meyer, Pomeroy, Ridinger, Ringo, Sali, Sellman, Shepherd, Stoicheff, Stone, Taylor, Tilman, Trail, Zimmermann NAYS -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Callister, Campbell, Cheirrett, Denney, Ellsworth, Gagner, Hadley, Hammond, Hansen(23), Hornbeck, Kendell, Lake, Loertscher, Mader, Mortensen, Moss, Moyle, Pearce, Pischner, Reynolds, Robison, Schaefer(Tiegs), Smith, Smylie, Stevenson, Wheeler, Wood Absent and excused -- Gould, Montgomery, Mr Speaker Floor Sponsor - Cuddy Title apvd - to Senate 03/03 Senate intro - 1st rdg - to Loc Gov
H0609|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 609 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO THE TAXATION OF CERTAIN TOBACCO PRODUCTS; AMENDING SECTION 3 63-2551, IDAHO CODE, TO PROVIDE A DEFINITION OF "MOIST SNUFF"; AMENDING 4 SECTION 63-2552, IDAHO CODE, TO EXCLUDE MOIST SNUFF FROM TAXATION AT AN AD 5 VALOREM RATE OF TAXATION AND TO MAKE A TECHNICAL CORRECTION; AMENDING SEC- 6 TION 63-2552A, IDAHO CODE, TO EXCLUDE MOIST SNUFF FROM TAXATION AT AN AD 7 VALOREM RATE OF TAXATION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAP- 8 TER 25, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 63-2552B, 9 IDAHO CODE, TO PROVIDE THAT MOIST SNUFF SHALL BE TAXED AT THE RATE OF 10 SEVENTY-SIX CENTS PER OUNCE OF MOIST SNUFF AND TO PROVIDE FOR DISTRIBUTION 11 OF THE TAX REVENUES; AMENDING SECTION 63-2553, IDAHO CODE, TO PROVIDE LEG- 12 ISLATIVE INTENT TO LEVY A TAX ON MOIST SNUFF AND TO MAKE A TECHNICAL COR- 13 RECTION; AND PROVIDING AN EFFECTIVE DATE. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 63-2551, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 63-2551. TOBACCO PRODUCTS TAX -- DEFINITIONS. As used in this act: 18 (1) "Tobacco products" shall mean any cigars, cheroots, stogies, smoking 19 tobacco (including granulated, plug, cut, crimp cut, ready rubbed and any 20 other kinds and forms of tobacco suitable for smoking in a pipe or cigarette), 21 chewing tobacco (including cavendish, twist, plug, scrap and any other kinds 22 and forms of tobacco suitable for chewing) and snuff, however prepared; and 23 shall include any other articles or products made of tobacco or any substitute 24 therefor, except cigarettes; 25 (2) "Moist snuff" means any finely cut, ground or powdered tobacco 26 intended to be placed in the oral cavity, but not including dry snuff; 27 (3) "Manufacturer" means a person who manufactures and sells tobacco 28 products; 29 (34) "Distributor" means (a) any person engaged in the business of sell- 30 ing tobacco products in this state who brings, or causes to be brought, into 31 this state from without the state any tobacco products for sale, (b) any per- 32 son who makes, manufactures, or fabricates tobacco products in this state for 33 sale in this state, (c) any person engaged in the business of selling tobacco 34 products without this state who ships or transports tobacco products to 35 retailers in this state, to be sold by those retailers; 36 (45) "Subjobber" means any person, other than a manufacturer or distribu- 37 tor, who buys tobacco products from a distributor and sells them to persons 38 other than the ultimate consumers; 39 (56) "Retailer" means any person engaged in the business of selling 40 tobacco products to ultimate consumers; 41 (67) "Sale" means any transfer, exchange, or barter, in any manner or by 42 any means whatsoever, for a consideration, and includes and means all sales 2 1 made by any person. It includes a gift by a person engaged in the business of 2 selling tobacco products, for advertising, as a means of evading the provi- 3 sions of this chapter, or for any other purposes whatsoever; 4 (78) "Wholesale sales price" means the established price for which a man- 5 ufacturer sells a tobacco product to a distributor, exclusive of any discount 6 or other reduction; 7 (89) "Business" means any trade, occupation, activity, or enterprise 8 engaged in for the purpose of selling or distributing tobacco products in this 9 state; 10 (910) "Place of business" means any place where tobacco products are manu- 11 factured, stored, or kept for the purpose of sale or consumption, including 12 any vessel, vehicle, airplane, train, or vending machine; 13 (101) "Retail outlet" means each place of business from which tobacco 14 products are sold to consumers; 15 (112) "Commission" means the Idaho state tax commission. 16 SECTION 2. That Section 63-2552, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 63-2552. TOBACCO PRODUCTS TAX IMPOSED -- RATE.(1) From and after July 1,191972, tThere is levied and there shall be collected a tax upon the sale, use, 20 consumption, handling, or distribution of all tobacco products, except moist 21 snuff, in this state at the rate of thirty-fiveper centpercent (35%) of the 22 wholesale sales price of such tobacco products. Such tax shall be imposed at 23 the time the distributor (a) brings, or causes to be brought, into this state 24 from without the state tobacco products for sale, (b) makes, manufactures, or 25 fabricates tobacco products in this state for sale in this state, or (c) ships 26 or transports tobacco products to retailers in this state, to be sold by those 27 retailers. 28(2) A floor stocks tax is hereby imposed upon every distributor of29tobacco products at the rate of thirty-five per cent (35%) of the wholesale30sales price of each tobacco product in his possession or under his control on31July 1, 1972.32Each distributor, within twenty (20) days after July 1, 1972, shall file a33report with the commission, in such form as the commission may prescribe,34showing the tobacco products on hand on July 1, 1972, and the amount of tax35due thereon.36The tax imposed by this subdivision shall be due and payable within twenty37(20) days after July 1, 1972, and thereafter shall bear interest at the rate38of one per cent (1%) per month.39 SECTION 3. That Section 63-2552A, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 63-2552A. ADDITIONAL TOBACCO PRODUCTS TAX IMPOSED -- RATE. (1) In addi- 42 tion to the tax imposed in section 63-2552, Idaho Code, from and after July 1, 43 1994, there is levied and there shall be collected an additional tax upon the 44 sale, use, consumption, handling, or distribution of all tobacco products, 45 except moist snuff, in this state at the rate of fiveper centpercent (5%) of 46 the wholesale sales price of such tobacco products. Such tax shall be imposed 47 at the time the distributor: 48 (a) Brings, or causes to be brought, into this state from without the 49 state tobacco products for sale; 50 (b) Makes, manufactures, or fabricates tobacco products in this state for 51 sale in this state; or 3 1 (c) Ships or transports tobacco products to retailers in this state to be 2 sold by those retailers. 3 (2)Each distributor, within twenty (20) days after July 1, 1994, shall4file a report with the commission, in such form as the commission may pre-5scribe, showing the tobacco products on hand on July 1, 1994, and the amount6of tax due thereon. The tax imposed in this subsection shall be due and pay-7able within twenty (20) days after July 1, 1994, and thereafter shall bear8interest at the rate of one per cent (1%) per month.9(3)Fiftyper centpercent (50%) of the tax collected pursuant to this 10 section shall be subject to appropriation to the public school income fund to 11 be utilized to facilitate and provide substance abuse programs in the public 12 school systemof which amount two hundred fifty thousand dollars ($250,000)13shall be remitted annually to the department of law enforcement to increase14toxicology lab capacity in the bureau of forensic services for drug testing of15juveniles,and fiftyper centpercent (50%) shall be subject to appropriation 16 to the department of juvenile corrections for distribution quarterly to the 17 counties to be utilized for county juvenile probation services, based upon the 18 percentage the population of the county bears to the population of the state 19 as a whole.The moneys remitted to the department of law enforcement shall be20reviewed annually and any money excess to the operations needs of the labora-21tory for juvenile drug testing will be returned to the public school income22fund for substance abuse programs in the public school system. The laboratory23may utilize this increased toxicology capacity for adult drug testing to the24extent that timely testing for juveniles is not adversely impacted.25 SECTION 4. That Chapter 25, Title 63, Idaho Code, be, and the same is 26 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 27 ignated as Section 63-2552B, Idaho Code, and to read as follows: 28 63-2552B. TAX IMPOSED ON MOIST SNUFF -- RATE -- DISTRIBUTION OF TAX REVE- 29 NUES. (1) From and after January 1, 2001, there is hereby levied and there 30 shall be collected a tax upon the sale, use, consumption, handling or distri- 31 bution of moist snuff, in this state at the rate of seventy-six cents (76) 32 per ounce, and a proportionate tax at the like rate on all fractional parts of 33 an ounce, of moist snuff. Such tax shall be imposed at the time the distribu- 34 tor: 35 (a) Brings, or causes to be brought, into this state from without the 36 state moist snuff for sale; 37 (b) Makes, manufactures or fabricates moist snuff in this state for sale 38 in this state; or 39 (c) Ships or transports moist snuff to retailers in this state to be sold 40 by those retailers. 41 (2) Each distributor, within twenty (20) days after January 1, 2001, 42 shall file a report with the commission, in such form as the commission may 43 prescribe, showing the moist snuff on hand on January 1, 2001, and the amount 44 of tax due thereon. The tax imposed in this subsection shall be due and pay- 45 able within twenty (20) days after January 1, 2001, and thereafter shall bear 46 interest as provided in section 63-3045, Idaho Code. If the distributor has 47 previously paid tax to the state of Idaho upon the moist snuff on hand on Jan- 48 uary 1, 2001, the distributor shall pay the tax due pursuant to this section, 49 but shall be entitled to credit thereon for taxes previously paid on such 50 moist snuff pursuant to the law in effect prior to January 1, 2001. 51 (3) The revenues received from the tax imposed by this section and any 52 penalties, interest, or deficiency additions, shall be distributed by the tax 53 commission as follows: 4 1 (a) An amount of money shall be distributed to the state refund account, 2 sufficient to pay current refund claims. All refunds authorized by the 3 commission shall be paid through the state refund account, and those 4 moneys are continuously appropriated. 5 (b) From the balance remaining with the state treasurer after deducting 6 the amounts in paragraph (a) of this subsection, the remaining moneys 7 shall be remitted as follows: 8 (i) Eighty-seven and one-half percent (87.5%) directly to the water 9 pollution control account established in chapter 36, title 39, Idaho 10 Code, and shall be remitted to that account periodically, but no less 11 frequently than quarterly. Provided however, in the event that the 12 water pollution control account shall no longer be in existence, 13 then, and in that event, said percentage shall be remitted to the 14 general fund; 15 (ii) Six and one-quarter percent (6.25%) shall be subject to appro- 16 priation to the public school income fund to be utilized to facili- 17 tate and provide substance abuse programs in the public school system 18 of which amount two hundred fifty thousand dollars ($250,000) shall 19 be remitted annually to the department of law enforcement to increase 20 toxicology lab capacity in the bureau of forensic services for drug 21 testing of juveniles. The moneys remitted to the department of law 22 enforcement shall be reviewed annually and any money excess to the 23 operations needs of the laboratory for juvenile drug testing will be 24 returned to the public school income fund for substance abuse pro- 25 grams in the public school system. The laboratory may utilize this 26 increased toxicology capacity for adult drug testing to the extent 27 that timely testing for juveniles is not adversely impacted. 28 (iii) Six and one-quarter percent (6.25%) shall be subject to appro- 29 priation to the department of juvenile corrections for distribution 30 quarterly to the counties to be utilized for county juvenile proba- 31 tion services, based upon the percentage the population of the county 32 bears to the population of the state as a whole. 33 SECTION 5. That Section 63-2553, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 63-2553. LEGISLATIVE INTENT. It is the intent and purpose of this chapter 36 to levy a tax on all tobacco products, including moist snuff, sold, used, con- 37 sumed, handled, or distributed within this state and to collect the tax from 38 the distributor as defined in section 63-2551, Idaho Code. It is the further 39 intent and purpose of this chapter to impose the tax only once but nothing in 40 this chapter shall be construed to exempt any person taxable under any other 41 law or under any other tax imposed by the state of Idaho. 42 SECTION 6. This act shall be in full force and effect on and after Janu- 43 ary 1, 2001.
STATEMENT OF PURPOSE RS 10026 This legislation applies a weight - based tax, rather than an ad valorem, to all moist snuff tobacco products. The weight - based tax will provide an equal tax on all moist snuff products and will create an easier mechanism for Idaho distributors to assess and collect taxes. Currently, other tobacco products (OTP) are taxed upon an ad valorem basis. The new section provides for a move from an ad valorem tax to a flat weight - based tax on moist snuff products. Under the ad valorem tax, premium products are taxed at a higher rate than products that sell at a lower price. As a result less tax is collected by the state on price - value products. Under the weight - based tax proposed in this legislation, the tax on premium products will remain the same, and price - value products will be taxed at an equal rate. Changing to a weight - based tax will ensure equal taxation among moist snuff products and create an easier method of tax application for Idaho distributors. FISCAL IMPACT This bill will have no impact on the general fund. This bill is designed to be revenue neutral, however, based on current information, a $125,000 to $150,000 increase in taxes collected for dedicated funds is expected. Contact Name: Bob Wells / Jeremy P. Pisca UST Public Affairs Phone: 395-0858 / 336-7930 STATEMENT OF PURPOSE / FISCAL NOTE H 609