2005 Legislation
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HOUSE BILL NO. 108 – Cigarettes, supplemental tax

HOUSE BILL NO. 108

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Bill Status



H0108...............................................by REVENUE AND TAXATION
CIGARETTES - Amends existing law to impose a supplemental tax on
nonparticipating manufacturer cigarettes for purposes of the master tobacco
settlement agreement; to state the purpose of this supplemental tax; to
provide the payments of the supplemental tax by stamps; and to require that
cigarette tax returns report information showing, by manufacturer and brand
style, the number of cigarettes for which the supplemental tax has been
paid.
                                                                        
02/03    House intro - 1st rdg - to printing
02/04    Rpt prt - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 108
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CIGARETTE TAXES; AMENDING SECTION 63-2502, IDAHO CODE,  TO  DEFINE
  3        THE  PHRASE  "NONPARTICIPATING  MANUFACTURER";  AMENDING  SECTION 63-2506,
  4        IDAHO CODE, TO IMPOSE A SUPPLEMENTAL TAX ON NONPARTICIPATING  MANUFACTURER
  5        CIGARETTES  AND  TO  STATE  THE PURPOSE OF THIS SUPPLEMENTAL TAX; AMENDING
  6        SECTION 63-2507, IDAHO CODE, TO PROVIDE THE PAYMENT  OF  THE  SUPPLEMENTAL
  7        TAX  BY  STAMPS; AND AMENDING SECTION 63-2510, IDAHO CODE, TO REQUIRE THAT
  8        CIGARETTE TAX RETURNS REPORT  INFORMATION  SHOWING,  BY  MANUFACTURER  AND
  9        BRAND  STYLE,  THE NUMBER OF CIGARETTES FOR WHICH THE SUPPLEMENTAL TAX HAS
 10        BEEN PAID; AND DECLARING AN EMERGENCY.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION 1.  That Section 63-2502, Idaho Code, be, and the same  is  hereby
 13    amended to read as follows:
                                                                        
 14        63-2502.  DEFINITIONS.  For  the  purpose  of  this  act, unless otherwise
 15    required by the context:
 16        (a)  The word "wholesaler" means and includes every person who  purchases,
 17    sells  or  distributes cigarettes to other wholesalers or to retailers for the
 18    purpose of resale.
 19        (b)  The word "retailer" means every person, other than a wholesaler,  who
 20    purchases,  sells, offers for sale, or distributes cigarettes at retail, irre-
 21    spective of quantity or amount, or the number of sales.
 22        (c)  The phrase "wholesale sale" means a sale of cigarettes  by  a  whole-
 23    saler to a retailer.
 24        (d)  The  word  "cigarette" shall be taken in the ordinary context of that
 25    word and shall be any roll for smoking, made wholly or  in  part  of  tobacco,
 26    where  such  roll  has a wrapper or cover made of paper or any other material,
 27    except where such wrapper is wholly or in the greater part made of tobacco.
 28        (e)  The phrase "package of cigarettes" means the individual package, box,
 29    or other container in or from which retail sales of  cigarettes  are  normally
 30    made  or intended to be made. A package shall contain no less than twenty (20)
 31    cigarettes and be packaged in increments of five (5).
 32        (f)  The phrase "nonparticipating manufacturer" means  a  tobacco  product
 33    manufacturer, as defined in section 39-7802, Idaho Code, that is not a partic-
 34    ipating  manufacturer  within  the  meaning of subsection II(ii) of the Master
 35    Settlement Agreement as defined in section 39-7802, Idaho Code.
                                                                        
 36        SECTION 2.  That Section 63-2506, Idaho Code, be, and the same  is  hereby
 37    amended to read as follows:
                                                                        
 38        63-2506.  IMPOSITION OF TAX. (1) From June 1, 2003, through June 30, 2005,
 39    a  tax upon the purchase, storage, use, consumption, handling, distribution or
 40    wholesale sale of cigarettes is hereby imposed  at  the  rate  of  fifty-seven
 41    cents  (57¢) per package of twenty (20) cigarettes, which tax shall be paid by
                                                                        
                                           2
                                                                        
  1    the wholesaler, and collected by the state tax commission. 5.1746¢ of the  tax
  2    collected per package of twenty (20) cigarettes shall be subject to appropria-
  3    tion to the public school income fund to be utilized to facilitate and provide
  4    substance abuse  programs in the public school system. 5.1746¢ of the tax col-
  5    lected per package of twenty (20) cigarettes shall be subject to appropriation
  6    to  the department of juvenile corrections for distribution to the counties to
  7    be utilized for county juvenile probation services.
  8        (2)  On and after July 1, 2005, a tax upon  the  purchase,  storage,  use,
  9    consumption,  handling, distribution or wholesale sale of cigarettes is hereby
 10    imposed at the rate of twenty-eight cents (28¢) per  package  of  twenty  (20)
 11    cigarettes,  which  tax  shall be paid by the wholesaler, and collected by the
 12    state tax commission. Five cents (5¢) of the  tax  collected  per  package  of
 13    twenty  (20) cigarettes shall be subject to appropriation to the public school
 14    income fund to be utilized to facilitate and provide substance abuse  programs
 15    in  the public school system. Five cents (5¢) of the tax collected per package
 16    of twenty (20) cigarettes shall be subject to appropriation to the  department
 17    of  juvenile  corrections  for distribution to the counties to be utilized for
 18    county juvenile probation services.
 19        (3)  In addition to all other taxes imposed by this chapter, a  supplemen-
 20    tal  tax  upon the purchase, storage, use, consumption, handling, distribution
 21    or wholesale  sale  of  nonparticipating  manufacturer  cigarettes  is  hereby
 22    imposed  at  the  rate  of  fifty cents (50¢) per package of twenty (20) ciga-
 23    rettes, which tax shall be paid by the wholesaler, and collected by the  state
 24    tax commission. The purposes of this supplemental tax are:
 25        (a)  To fund enforcement and administration of chapter 78, title 39, Idaho
 26        Code,  related nonparticipating manufacturer legislation, and this supple-
 27        mental tax, including reasonable administrative costs incurred  by  whole-
 28        salers under this supplemental tax;
 29        (b)  To   prevent  nonparticipating  manufacturers  from  undermining  the
 30        state's policy of reducing underage smoking by offering  their  cigarettes
 31        for  sale  substantially  below the price of cigarettes  of other manufac-
 32        turers; and
 33        (c)  To fund such other purposes as the legislature shall determine.
 34        (4)  Appropriated funds shall be distributed  quarterly  to  the  counties
 35    based upon the percentage the population of the county bears to the population
 36    of the state as a whole.
 37        (45)  The  remaining  moneys  collected  and those moneys not appropriated
 38    under the provisions of this section shall be distributed as specified in sec-
 39    tion 63-2520, Idaho Code.
                                                                        
 40        SECTION 3.  That Section 63-2507, Idaho Code, be, and the same  is  hereby
 41    amended to read as follows:
                                                                        
 42        63-2507.  STAMPS  TO  BE  PRINTED  --  AFFIXED TO INDIVIDUAL PACKAGES. The
 43    state tax commission is hereby authorized and  required  to  design  and  have
 44    printed  Idaho  cigarette  stamps  which  are to be affixed to each individual
 45    package of cigarettes, which stamps shall be in the amount of the tax  imposed
 46    by  section 63-2506, Idaho Code. The stamps used for cigarettes subject to the
 47    supplemental tax imposed by subsection (3) of  section  63-2506,  Idaho  Code,
 48    shall  be  different  from  the stamps used for cigarettes not subject to such
 49    supplemental tax, shall indicate payment of  both  the  supplemental  and  the
 50    other  taxes  imposed  by  section  63-2506, Idaho Code, and shall contrast in
 51    color or design, or both, with the stamps used for  cigarettes  that  are  not
 52    subject  to the supplemental tax imposed by subsection (3) of section 63-2506,
 53    Idaho Code. Except as otherwise prescribed by the state tax  commission,  each
                                                                        
                                           3
                                                                        
  1    stamp  shall  be  affixed  in  such a manner that it cannot be removed without
  2    being mutilated or destroyed. Stamps may be obtained only from the  state  tax
  3    commission,  or its authorized agent, and only by a holder of a valid and cur-
  4    rent wholesaler permit.
                                                                        
  5        SECTION 4.  That Section 63-2510, Idaho Code, be, and the same  is  hereby
  6    amended to read as follows:
                                                                        
  7        63-2510.  PAYMENT OF TAX -- RETURNS -- ACCOUNTING FOR STAMPS. (1) The cig-
  8    arette  taxes  imposed in section 63-2506, Idaho Code, are due from the person
  9    required under section 63-2508, Idaho Code, to affix stamps, and  are  payable
 10    to the state tax commission monthly, together with the return required in this
 11    section.
 12        (2)  Every  person owing cigarette taxes and every wholesaler shall file a
 13    return with the state tax commission in such form as the commission shall pre-
 14    scribe. The return shall report all taxes due  regarding  cigarettes  received
 15    during  the month or other reporting period, approved by the state tax commis-
 16    sion, to which the return relates. The return shall report  information  show-
 17    ing,  by  manufacturer and brand style, the number of cigarettes for which the
 18    person or wholesaler has paid the supplemental tax imposed by  subsection  (3)
 19    of  section  63-2506, Idaho Code. The return shall contain such other informa-
 20    tion as the state tax commission shall require, and shall  be  signed  by  the
 21    person  required to file the return or by such person's duly authorized agent.
 22    The return shall be filed on or before the twentieth day of the month  follow-
 23    ing the end of the taxable period to which the return relates.
 24        (3)  The  amount allowed as compensation for affixing stamps under section
 25    63-2509, Idaho Code, shall be separately stated on  the  return  as  a  credit
 26    against taxes due on the return.
 27        (4)  In addition to reporting the tax due as provided in this section, the
 28    return shall provide an accounting of all cigarette stamps acquired, held, and
 29    affixed by the wholesaler. The return shall include:
 30        (a)  The  number of stamps which were held at the beginning of the report-
 31        ing period and were not affixed to packages;
 32        (b)  The number of stamps acquired during the reporting period;
 33        (c)  The number of stamps affixed to packages during the reporting period;
 34        (d)  The number of unaffixed stamps held  at  the  end  of  the  reporting
 35        period; and
 36        (e)  The  number,  if any, of stamps lost or destroyed. If stamps are lost
 37        or destroyed, a statement describing the circumstances giving rise to  the
 38        loss or destruction shall accompany the return.
 39        (5)  In  the  event  that  any  stamps  obtained by a wholesaler are lost,
 40    destroyed, or otherwise unaccounted for, the wholesaler shall be liable for an
 41    amount of tax equal to the tax on the  number  of  cigarettes  to  which  such
 42    stamps  would have been affixed, unless the wholesaler can establish, by clear
 43    and convincing evidence, that  a  specific  number  of  stamps  were  actually
 44    destroyed or mutilated in such a manner as to render them unusable.
 45        (6)  In  the  event that a wholesaler or any other person in possession of
 46    unused cigarette stamps shall cease doing business as a  wholesaler  of  ciga-
 47    rettes,  such wholesaler or other person shall return all unused stamps to the
 48    state tax commission or shall be liable for an amount of tax equal to the  tax
 49    on the number of cigarettes to which such stamps would have been affixed.
 50        (7)  A  wholesaler  may claim a credit against taxes due on the tax return
 51    for taxes previously paid on  cigarettes,  which  after  stamps  are  affixed,
 52    become  unmarketable and are returned to the manufacturer. When such return is
 53    verified in such manner as the state tax commission may, by rule provide,  the
                                                                        
                                           4
                                                                        
  1    credit  applies  to  the  tax  return  for the month in which the verification
  2    occurs; except that, any amount of credit exceeding the tax  due  on  the  tax
  3    return  may  be carried forward to the succeeding tax return, in chronological
  4    order until exhausted.
  5        (8)  Taxes paid on cigarettes  sold  on  or  after  January  1,  2000,  on
  6    accounts  later found to be worthless and actually charged-off may be credited
  7    upon a subsequent payment of the tax on cigarettes or, if no such tax is  due,
  8    refunded.  If  all or part of such an account is thereafter collected, the tax
  9    shall be paid based upon the proportion of the amount collected.
                                                                        
 10        SECTION 5.  An emergency existing  therefor,  which  emergency  is  hereby
 11    declared to exist, this act shall be in full force and effect on and after its
 12    passage and approval.

Statement of Purpose / Fiscal Impact


                         
                       STATEMENT OF PURPOSE
                                 
                            RS 14683
                                
The Non-Participating Manufacturers (NPM) Equity Fee Legislation would
help protect the states' tobacco settlement payments in the future,
recoup for the state some of the tobacco settlement monies that the
NPMs have drained, help fund enforcement of the states' Tobacco Escrow
Statutes, and protect children from under-priced NPM cigarettes.  This
legislation will increase the tax by $.50 per pack for those
manufacturers who sell product in Idaho and are not a member of the
Tobacco Master Settlement Agreement (MSA).


                           FISCAL NOTE

It is estimated the impact to the General Fund will be $1 million once
the Legislation is fully implemented.



Contact
Name: Representative Jim Clark 
Phone: 332-1100


STATEMENT OF PURPOSE/FISCAL NOTE                         H 108