2001 Legislation
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HOUSE BILL NO. 109 – Cigarette tax, refunds

HOUSE BILL NO. 109

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Daily Data Tracking History



H0109...............................................by REVENUE AND TAXATION
CIGARETTE TAX - Repeals and adds to existing law to provide for payments of
refunds of cigarette taxes.
                                                                        
01/29    House intro - 1st rdg - to printing
01/30    Rpt prt - to Rev/Tax
02/05    Rpt out - rec d/p - to 2nd rdg
02/06    2nd rdg - to 3rd rdg
02/09    3rd rdg - PASSED - 69-0-1
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
      Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
      Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
      Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
      Stone, Swan, Tilman, Trail, Wheeler, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Wood
    Floor Sponsor -- Ellis
    Title apvd - to Senate
02/12    Senate intro - 1st rdg - to Loc Gov
02/15    Rpt out - rec d/p - to 2nd rdg
02/16    2nd rdg - to 3rd rdg
03/08    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
      Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
      King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth,
      Williams,
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor -- Wheeler
    Title apvd - to House
03/09    To enrol
03/12    Rpt enrol - Sp signed
03/13    Pres signed
03/14    To Governor
03/19    Governor signed
         Session Law Chapter 52
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 109
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TAXES ON CIGARETTES; REPEALING SECTION 63-2521,  IDAHO  CODE;  AND
  3        AMENDING  CHAPTER  25, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
  4        TION 63-2521, IDAHO CODE, TO PROVIDE FOR PAYMENTS OF REFUNDS OF  CIGARETTE
  5        TAXES.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 63-2521, Idaho Code, be, and the same is hereby
  8    repealed.
                                                                        
  9        SECTION 2.  That Chapter 25, Title 63, Idaho Code, be,  and  the  same  is
 10    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 11    ignated as Section 63-2521, Idaho Code, and to read as follows:
                                                                        
 12        63-2521.  REFUNDS -- LIMITATIONS -- INTEREST. (1) Where there has been  an
 13    overpayment  of  any cigarette tax imposed by this chapter, the amount of such
 14    overpayment shall be credited against any taxes then due to the state tax com-
 15    mission from the taxpayer and any balance of such excess shall be refunded  to
 16    the taxpayer.
 17        (2)  No  such credit or refund of taxes, penalties or interest paid, shall
 18    be allowed or made after three (3) years from the time the return  was  filed,
 19    unless  before  the expiration of such period a claim therefor is filed by the
 20    taxpayer with the commission.
 21        (3)  Interest shall be allowed on the amount of such credits or refunds at
 22    the rate provided in section 63-3045, Idaho Code, from the date such  tax  was
 23    paid.
 24        (4)  If  the state tax commission denies a claim for refund in whole or in
 25    part, it shall provide notice of the denial and the claimant may petition  the
 26    state  tax  commission  for a redetermination of the denial in the manner pro-
 27    vided in section 63-3045, Idaho Code. Appeal  of  a  tax  commission  decision
 28    denying  in  whole  or  in part a claim for refund shall be made in accordance
 29    with and within the time limits prescribed in section 63-3049, Idaho Code.

Statement of Purpose / Fiscal Impact





                       STATEMENT OF PURPOSE
                            RS10474


This bill makes technical changes to cigarette taxes.

Section 1 Repeals Idaho Code section 63-2521, Idaho Code.  This is
an obsolete provision relating to the transition from the prior to
the present cigarette tax statute in 1974.

Section 2 adds a new section 63-2531 to provide for payments of
refunds of cigarette taxes and procedures relating to refunds.  




                           FISCAL NOTE

         No fiscal effect.  
















CONTACT

Name:  Dan John/Ted Spangler
Agency:  State Tax Commission
Phone:  334-7530

STATEMENT OF PURPOSE/FISCAL NOTE              H10