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S1058......................................by LOCAL GOVERNMENT AND TAXATION CIGARETTES - Amends and repeals existing law to update a reference to the Internal Revenue Code for purposes of penalties regarding the importation of cigarettes; and to delete the provisions for documentation requirements for imported cigarettes. 02/01 Senate intro - 1st rdg - to printing 02/02 Rpt prt - to Loc Gov 02/06 Rpt out - rec d/p - to 2nd rdg 02/07 2nd rdg - to 3rd rdg 02/08 3rd rdg - PASSED - 28-0-6(1 vacant) AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Danielson, Darrington, Davis, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, King-Barrutia, Lee, Lodge, Richardson, Risch, Sandy, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams, NAYS -- None Absent and excused -- Cameron, Deide, Ipsen, Keough Noh, Schroeder Vacant -- Dist. #4 Floor Sponsor -- Frasure Title apvd - to House 02/09 House intro - 1st rdg - to Rev/Tax 02/13 Rpt out - to St Aff 02/26 Rpt out - rec d/p - to 2nd rdg 02/27 2nd rdg - to 3rd rdg 02/28 3rd rdg - PASSED - 65-0-5 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker NAYS -- None Absent and excused -- Crow, Gagner, Jaquet, Schaefer, Swan Floor Sponsor -- Kunz Title apvd - to Senate 03/01 To enrol 03/02 Rpt enrol - Pres signed 03/05 Sp signed 03/06 To Governor 03/08 Governor signed Session Law Chapter 40 Effective: 01/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1058 BY LOCAL GOVERNMENT AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO THE IMPORTATION OF CIGARETTES; AMENDING SECTION 63-2523, IDAHO 3 CODE, TO UPDATE A REFERENCE TO THE INTERNAL REVENUE CODE FOR PURPOSES OF 4 PENALTIES; REPEALING SECTION 63-2524, IDAHO CODE; DECLARING AN EMERGENCY 5 AND PROVIDING RETROACTIVE APPLICATION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 63-2523, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 63-2523. PROHIBITIONS. It shall be unlawful for any person: 10 (1) To sell or distribute in this state; to acquire, hold, own, possess 11 or transport, for sale or distribution in this state; or to bring into this 12 state for sale or distribution in this state: 13 (a) Any cigarettes the package of which: 14 (i) Bears any statement, label, stamp, sticker or notice indicating 15 that the manufacturer did not intend the cigarettes to be sold, dis- 16 tributed or used in the United States including, but not limited to, 17 labels stating "For Export Only," "U.S. Tax-Exempt," "For Use Outside 18 U.S." or similar wording; or 19 (ii) Does not comply with: 20 1. All requirements imposed by or pursuant to federal law 21 regarding warnings and other information on packages of ciga- 22 rettes manufactured, packaged or imported for sale, distribution 23 or use in the United States including, but not limited to, the 24 precise warning labels specified in the federal cigarette label- 25 ing and advertising act, 15 U.S.C. section 1333; and 26 2. All federal trademark and copyright laws; 27 (b) Any cigarettes imported into the United States in violation of2628U.S.C.section 5754 of the Internal Revenue Code as defined in section 29 63-3004, Idaho Code, or any other federal law, or implementing federal 30 regulations; 31 (c) Any cigarettes that such person otherwise knows or has reason to know 32 the manufacturer did not intend to be sold, distributed or used in the 33 United States; or 34 (d) Any cigarettes for which there has not been submitted to the secre- 35 tary of the U.S. department of health and human services the list or lists 36 of the ingredients added to tobacco in the manufacture of such cigarettes 37 required by the federal cigarette labeling and advertising act, 15 U.S.C. 38 section 1335a; 39 (2) To alter the package of any cigarettes, prior to sale or distribution 40 to the ultimate consumer, so as to remove, conceal or obscure: 41 (a) Any statement, label, stamp, sticker or notice described in subpara- 42 graph (1)(a)(i) of this section; 43 (b) Any health warning that is not specified in, or does not conform with 2 1 the requirements of, the federal cigarette labeling and advertising act, 2 15 U.S.C. section 1333; or 3 (3) To affix any stamp required pursuant to chapter 25, title 63, Idaho 4 Code, to the package of any cigarettes described in subsection (1) of this 5 section or altered in violation of subsection (2) of this section. 6 SECTION 2. That Section 63-2524, Idaho Code, be, and the same is hereby 7 repealed. 8 SECTION 3. An emergency existing therefor, which emergency is hereby 9 declared to exist, this act shall be in full force and effect on and after its 10 passage and approval, and retroactively to January 1, 2001.
STATEMENT OF PURPOSE RS 10794 The Federal Government outlawed Gray Market Cigarettes from entering the United States during the summer of 2000. This legislation changes Idaho Code Section 2523 to address the subsequent changes in the federal code. Section 2524 eliminates the reporting procedures no longer necessary as a result of these changes. FISCAL IMPACT No Fiscal Impact. Contact Name: Karleane Allen, Idaho Wholesale Marketers Association Phone: 208 375 5806 STATEMENT OF PURPOSE/FISCAL NOTE S 105