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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 - 2000
IN 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.
25 All 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 - 2000
Moved 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 |