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H0182......................................................by STATE AFFAIRS
BEER/WINE LICENSEE - Amends existing law to require beer and wine
distributors to file reports quarterly, rather than monthly, with the
Department of Law Enforcement and to delete the requirement that the
reports be notarized.
02/08 House intro - 1st rdg - to printing
02/09 Rpt prt - to St Aff
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 67-0-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh,
Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pischner, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer,
Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor(Taylor),
Tilman, Tippets, Trail, Wheeler, Williams, Wood, Zimmermann,
Mr Speaker
NAYS -- None
Absent and excused -- Linford, Pomeroy, Watson
Floor Sponsor - Clark
Title apvd - to Senate
02/23 Senate intro - 1st rdg - to St Aff
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry
Floor Sponsor - Riggs
Title apvd - to House
03/12 To enrol
03/15 Rpt enrol - Sp signed
03/16 Pres signed - to Governor
03/19 Governor signed
Session Law Chapter 129
Effective: 07/01/99
H0182|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 182 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO RECORDS OF BEER AND WINE LICENSEES; AMENDING SECTION 23-1006, 3 IDAHO CODE, TO REQUIRE QUARTERLY REPORTS BY LICENSEES AND TO STRIKE 4 REQUIREMENT FOR NOTARIZATION; AND AMENDING SECTION 23-1314, IDAHO CODE, TO 5 REQUIRE QUARTERLY REPORTS AND TO STRIKE REQUIREMENTS FOR NOTARIZATION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 23-1006, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 23-1006. RECORDS AND RETURNS OF LICENSEES -- INVESTIGATIONS AND EXAMINA- 10 TIONS. Every licensed dealer, brewer and wholesaler shall have, and notify the 11 director of, a place of business within the state of Idaho where such licensee 12 will and shall keep a record of his or its imports into, and sales of beer 13 within, the state, including the date, quantity, from whom purchased for 14 import, the carrier or other person or means by whom or which transported for 15 import, and the name and address of the vendee, and shall so keep such record 16 of each such sale or import for a period of four (4) years thereafter. Such 17 licensee shall , on or before the 15th day ofeach month18April, July, October and January, make a return,19under oath,to the director of the amount of beer sold in, and imported 20 by him into, the state of Idaho for the preceding calendarmonth21 quarter , which shall be upon forms furnished by the director. The 22 director may require such additional information to be included in such 23 returns as shall assist him in determining whether or not such licensee is 24 complying with, or violating, this act and whether or not all taxes and 25 license fees provided for by this act are being fully paid. The director shall 26 have the right at any time to make an examination of each dealer's, brewer's 27 and wholesaler's books, records and premises, make an inventory and otherwise 28 check the accuracy of such returns, and investigate for any violation of this 29 act, and file, and retain in his office for not less than two (2) years, a 30 report thereof. An application for, and acceptance of a license by, a dealer, 31 brewer, wholesaler or retailer shall constitute consent to, and be authority 32 for, entry by the director, or his authorized agents, upon any premises 33 related to the licensee's business, or wherein are, or should be, kept, any of 34 the licensee's books, records, supplies or other property related to said 35 business, and to make the inventory, check and investigations aforesaid with 36 relation to said 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 ofeach monthApril, July, 8 October and January , make a return, under oath,to the 9 director of the amount of wine sold in, and imported by him into, the state of 10 Idaho for the preceding calendarmonthquarter , 11 which shall be upon forms furnished by the director. The director may require 12 such additional information to be included in such returns as shall assist him 13 in determining whether or not such licensee is complying with this act and 14 whether or not all taxes and fees provided for by this act are being fully 15 paid. The director shall have the right at any time to make an examination of 16 each winery, distributor's and importer's books, records and premises, and 17 such other matters as may assist him in verifying the accuracy of such 18 returns, and retain in his office for not less than two (2) years, a report 19 thereof. An application for, and acceptance of a license by a winery, distrib- 20 utor, importer or retailer shall constitute consent to, and be authority for, 21 entry by the director or his authorized agents, upon any premises related to 22 the licensee's business, or wherein are, or should be, kept, any of the 23 licensee's books, records, supplies or other property related to said busi- 24 ness, and to make the inventory, check and investigations aforesaid with rela- 25 tion to said licensee or any other licensee.
STATEMENT OF PURPOSE
RS 8326C1
This legislation is a result of the Alcohol Laws Interim Study
Committee. Currently, all brewers, wineries, distributors and
importers are required to report their sales monthly. The report must
be notarized. Alcohol Beverage Control personnel do not use these
reports, although they are transmitted to industry representatives as
a public document. It was agreed that the records should not require
notarization-and that quarterly reports would be sufficient for all
current uses. All original records continue to be subject to
inspection by law enforcement or tax commission agents.
FISCAL NOTE
No fiscal impact to the general fund.
CONTACT: Rep. Clark
Rep. Watson
Rep. McKague
Phone #: 332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 182