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H0501aaS..................................................by APPROPRIATIONS TOBACCO MASTER SETTLEMENT AGREEMENT - Amends existing law to delete language stating that all per unit numbers are subject to verification. 02/04 House intro - 1st rdg - to printing 02/07 Rpt prt - to 2nd rdg 02/08 2nd rdg - to 3rd rdg 02/09 3rd rdg - PASSED - 64-0-6 AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Moss, Moyle, Pearce, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail(Miller), Wheeler, Wood, Mr Speaker NAYS -- None Absent and excused -- Barrett, Field(20), Kellogg, Mortensen, Pischner, Zimmermann Floor Sponsor - Hansen(23) Title apvd - to Senate 02/10 Senate intro - 1st rdg - to Fin 02/11 Rpt out - rec d/p - to 2nd rdg 02/14 2nd rdg - to 14th Ord 02/22 Rpt out amen - to engros 02/23 Rpt engros - 1st rdg - to 2nd rdg as amen 02/24 2nd rdg - to 3rd rdg as amen 03/21 3rd rdg as amen - PASSED - 30-0-5 AYES--Boatright, Branch, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Parry, Richardson, Riggs, Risch, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Andreason, Crow, Geddes, Noh, Sandy Floor Sponsor - Ingram Title apvd - to House 03/22 House concurred in Senate amens - to engros 03/23 Rpt engros - 1st rdg - to 2nd rdg as amen 03/24 2nd rdg - to 3rd rdg as amen Rules susp - PASSED - 62-0-8 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Moss, Moyle, Pearce, Pomeroy, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann, Mr Speaker NAYS -- None Absent and excused -- Campbell, Chase, Hammond, Hansen(29), Lake, Mortensen, Pischner, Reynolds Floor Sponsor - Hansen(23) Title apvd - to enrol 03/27 Rpt enrol - Sp signed 03/28 Pres signed 03/29 To Governor 03/30 Governor signed Session Law Chapter 118 Effective: 01/01/00
H0501|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 501, As Amended in the Senate BY APPROPRIATIONS COMMITTEE 1 AN ACT 2 RELATING TO THE TOBACCO MASTER SETTLEMENT AGREEMENT; AMENDING SECTION 39-7803, 3 IDAHO CODE, TO DELETE LANGUAGE STATING THAT ALL PER UNIT NUMBERS ARE SUB- 4 JECT TO VERIFICATION AND TO MAKE TECHNICAL CORRECTIONS; DECLARING AN EMER- 5 GENCY AND PROVIDING RETROACTIVE APPLICATION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 39-7803, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 39-7803. REQUIREMENTS. Any tobacco product manufacturer selling ciga- 10 rettes to consumers within the state (whether directly or through a distribu- 11 tor, retailer or similar intermediary or intermediaries) after the date of 12 enactment of this act shall do one (1) of the following: 13 (a) Become a participating manufacturer (as that term is defined in sec- 14 tion II(jj) of the Master Settlement Agreement) and generally perform its 15 financial obligations under the Master Settlement Agreement; or 16 (b) (1) Place into a qualified escrow fund by April 15 of the year fol- 17 lowing the year in question the following amounts (as such amounts are 18 adjusted for inflation): 19 1999: $.0094241 per unit sold after the date of enactment of this 20 act; 21 2000: $.0104712 per unit sold; 22 For each of 2001 and 2002: $.0136125 per unit sold; 23 For each of 2003 through 2006: $.0167539 per unit sold; 24 For each of 2007 and each year thereafter: $.0188482 per unit sold. 25All per unit numbers are subject to verification.26 (2) A tobacco product manufacturer that places funds into escrow pursuant 27 to paragraph (1) of this subsection shall receive the interest or other 28 appreciation on such funds as earned. Such funds themselves shall be 29 released from escrow only under the following circumstances: 30 (A) To pay a judgment or settlement on any released claim brought 31 against such tobacco product manufacturer by the state or any releas- 32 ing party located or residing in the state. Funds shall be released 33 from escrow under this subparagraph: (i) in the order in which they 34 were placed into escrow; and (ii) only to the extent and at the time 35 necessary to make payments required under such judgment or settle- 36 ment; 37 (B) To the extent that a tobacco product manufacturer establishes 38 that the amount it was required to place into escrow in a particular 39 year was greater than the state's allocable share of the total pay- 40 ments that such manufacturer would have been required to make in that 41 year under the Master Settlement Agreement (as determined pursuant to 42 section IX(i)(2) of the Master Settlement Agreement, and before any 43 of the adjustments or offsets described in section IX(i)(3) of that 2 1 Agreement other than the inflation adjustment) had it been a partici- 2 pating manufacturer, the excess shall be released from escrow and 3 revert back to such tobacco product manufacturer; or 4 (C) To the extent not released from escrow under subparagraphs (A) 5 or (B) of this paragraph, funds shall be released from escrow and 6 revert back to such tobacco product manufacturer twenty-five (25) 7 years after the date on which they were placed into escrow. 8 (3) Each tobacco product manufacturer that elects to place funds into 9 escrow pursuant to this section shall annually certify to the attorney 10 general that it is in compliance with this section. The attorney general 11 may bring a civil action on behalf of the state against any tobacco prod- 12 uct manufacturer that fails to place into escrow the funds required under 13 this section. Any tobacco product manufacturer that fails in any year to 14 place into escrow the funds required under this section shall: 15 (A) Be required within fifteen (15) days to place such funds into 16 escrow as shall bring it into compliance with this section. The 17 court, upon a finding of a violation of this section, may impose a 18 civil penalty to be paid to the general fund of the state in an 19 amount not to exceed five percent (5%) of the amount improperly with- 20 held from escrow per day of the violation and in a total amount not 21 to exceed one hundred percent (100%) of the original amount improp- 22 erly withheld from escrow; 23 (B) In the case of a knowing violation, be required within fifteen 24 (15) days to place such funds into escrow as shall bring it into com- 25 pliance with this section. The court, upon a finding of a knowing 26 violation of this subsection, may impose a civil penalty to be paid 27 to the general fund of the state in an amount not to exceed fifteen 28 percent (15%) of the amount improperly withheld from escrow per day 29 of the violation and in a total amount not to exceed three hundred 30 percent (300%) of the original amount improperly withheld from 31 escrow; and 32 (C) In the case of a second knowing violation, be prohibited from 33 selling cigarettes to consumers within the state (whether directly or 34 through a distributor, retailer or similar intermediary) for a period 35 not to exceed two (2) years. 36 Each failure to make an annual deposit required under this section shall 37 constitute a separate violation. 38 (4) In any action brought under this section, the court shall award the 39 attorney general, if he is the prevailing party, reasonable costs, 40 expenses and attorney's fees in bringing his action. 41 SECTION 2. An emergency existing therefor, which emergency is hereby 42 declared to exist, this act shall be in full force and effect on and after its 43 passage and approval, and retroactively to January 1, 2000.
AH0501|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000Moved by Ingram Seconded by Parry IN THE SENATE SENATE AMENDMENT TO H.B. NO. 501 1 AMENDMENT TO SECTION 1 2 On page 2 of the printed bill, in line 25, delete "subsection" and insert: 3 "section"; and in line 26, delete "section" and insert: "subsection".
Statement of Purpose |
RS09315 |
Fiscal Note |
Contact: Brett DeLange Deputy Attorney General 334-4114
Statement of Purpose/Fiscal Note | Bill No. H501 |