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H0630......................................................by STATE AFFAIRS
BEER/WINE DEALERS - Amends existing law to require that returns by licensed
beer and wine dealers, brewers and wholesalers be filed monthly instead of
quarterly.
02/18 House intro - 1st rdg - to printing
02/21 Rpt prt - to St Aff
02/29 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/02 3rd rdg - PASSED - 63-1-6
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Hansen(23),
Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Kellogg, Kempton,
Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague,
Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer(Tiegs), Sellman,
Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Trail, Wheeler, Wood, Zimmermann
NAYS -- Pomeroy
Absent and excused -- Cuddy, Gould, Hadley, Hammond, Judd, Mr Speaker
Floor Sponsor - Stoicheff
Title apvd - to Senate
03/03 Senate intro - 1st rdg - to St Aff
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/29 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Geddes, Hawkins,
Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Thorne, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Frasure, Stennett
Floor Sponsor - Richardson
Title apvd - to House
03/30 To enrol
03/31 Rpt enrol - Sp signed
04/03 Pres signed - to Governor
04/14 Governor signed
Session Law Chapter 333
Effective: 07/01/00
H0630
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 630
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO RETURNS REQUIRED TO BE FILED WITH THE DEPARTMENT OF LAW ENFORCE-
3 MENT BY LICENSED BEER AND WINE DEALERS, BREWERS AND WHOLESALERS; AMENDING
4 SECTION 23-1006, IDAHO CODE, TO REQUIRE RETURNS TO BE FILED MONTHLY;
5 AMENDING SECTION 23-1314, IDAHO CODE, TO REQUIRE RETURNS TO BE FILED
6 MONTHLY.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 23-1006, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 23-1006. RECORDS AND RETURNS OF LICENSEES -- INVESTIGATIONS AND EXAMINA-
11 TIONS. Every licensed dealer, brewer and wholesaler shall have, and notify the
12 director of, a place of business within the state of Idaho where such licensee
13 will and shall keep a record of his or its imports into, and sales of beer
14 within, the state, including the date, quantity, from whom purchased for
15 import, the carrier or other person or means by whom or which transported for
16 import, and the name and address of the vendee, and shall so keep such record
17 of each such sale or import for a period of four (4) years thereafter. Such
18 licensee shall, on or before the 15th day of April, July, October and January
19 each month, make a return to the director of the amount of beer sold in, and
20 imported by him into, the state of Idaho for the preceding calendar quarter
21 month, which shall be upon forms furnished by the director. The director may
22 require such additional information to be included in such returns as shall
23 assist him in determining whether or not such licensee is complying with, or
24 violating, this act and whether or not all taxes and license fees provided for
25 by this act are being fully paid. The director shall have the right at any
26 time to make an examination of each dealer's, brewer's and wholesaler's books,
27 records and premises, make an inventory and otherwise check the accuracy of
28 such returns, and investigate for any violation of this act, and file, and
29 retain in his office for not less than two (2) years, a report thereof. An
30 application for, and acceptance of a license by, a dealer, brewer, wholesaler
31 or retailer shall constitute consent to, and be authority for, entry by the
32 director, or his authorized agents, upon any premises related to the
33 licensee's business, or wherein are, or should be, kept, any of the licensee's
34 books, records, supplies or other property related to said business, and to
35 make the inventory, check and investigations aforesaid with relation to said
36 licensee or any other licensee.
37 SECTION 2. That Section 23-1314, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 23-1314. RECORDS OF WINERIES, IMPORTERS AND DISTRIBUTORS -- CONTENTS --
40 REPORTS -- CONTENTS -- INSPECTION OF RECORDS, INVENTORY, AND PROPERTY. Every
41 winery, distributor and importer shall have, and notify the director, of a
2
1 place of business within the state of Idaho where such licensee will and shall
2 keep a record of his or its imports into, and sales of wine within, the state,
3 including the date, quantity, from whom purchased for import, the carrier or
4 other person or means by whom or which transported for import, and the name
5 and address of the purchaser, and shall so keep such record of each such sale
6 or import for a period of four (4) years thereafter. Such licensee shall, on
7 or before the fifteenth day of April, July, October and January each month,
8 make a return to the director of the amount of wine sold in, and imported by
9 him into, the state of Idaho for the preceding calendar quarter month, which
10 shall be upon forms furnished by the director. The director may require such
11 additional information to be included in such returns as shall assist him in
12 determining whether or not such licensee is complying with this act and
13 whether or not all taxes and fees provided for by this act are being fully
14 paid. The director shall have the right at any time to make an examination of
15 each winery, distributor's and importer's books, records and premises, and
16 such other matters as may assist him in verifying the accuracy of such
17 returns, and retain in his office for not less than two (2) years, a report
18 thereof. An application for, and acceptance of a license by a winery, distrib-
19 utor, importer or retailer shall constitute consent to, and be authority for,
20 entry by the director or his authorized agents, upon any premises related to
21 the licensee's business, or wherein are, or should be, kept, any of the
22 licensee's books, records, supplies or other property related to said busi-
23 ness, and to make the inventory, check and investigations aforesaid with rela-
24 tion to said licensee or any other licensee.
STATEMENT OF PURPOSE
RS09840
This proposal changes the reporting period for certain reports to the Department
of Law Enforcement of imports of beer and wine into the State of Idaho and sales
of those products within the state. It changes the report period from quarterly to
monthly.
The purpose of the reports, as stated in the present law, is to assist the Director in
determining whether the licensees are complying with or violating the alcohol
beverage laws and whether or not all taxes and fees are being properly paid. In
addition, information contained in these reports provides the only database of
accurate public information relating to beer and wine imports into the state and
sales of beer and wine within the state. The monthly report period will allow
wholesales to be on the same schedule for filing with the Department of Law
Enforcement and the State Tax Commission, therefore eliminating the necessity
for compiling a separate composite report for the Department of Law
Enforcement.
FISCAL NOTE
There is no fiscal impact to the state, but would simplify reporting costs by the
private sector.
CONTACT: Bill Roden
Idaho Beer & Wine Distributors Assn..
(208) 336-7930
STATEMENT OF PURPOSE/ FISCAL NOTE H 630