2000 Legislation
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HOUSE BILL NO. 570 – Cigarette tax moneys, distribution

HOUSE BILL NO. 570

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Daily Data Tracking History



H0570...............................................by REVENUE AND TAXATION
TOBACCO PRODUCTS TAX - Amends existing law related to the distribution of
the tax imposed on tobacco products to provide a distribution directly to
the Department of Law Enforcement for toxicology lab capacity before the
balance of the funds are divided between the Public School Income Fund and
the Department of Juvenile Corrections.
                                                                        
02/15    House intro - 1st rdg - to printing
02/16    Rpt prt - to Rev/Tax

Bill Text


 H0570
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 570
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DISTRIBUTION OF TAX IMPOSED ON TOBACCO PRODUCTS; AMENDING  SECTION
  3        63-2552A, IDAHO CODE, TO PROVIDE A DISTRIBUTION DIRECTLY TO THE DEPARTMENT
  4        OF  LAW ENFORCEMENT FOR TOXICOLOGY LAB CAPACITY AND TO MAKE TECHNICAL COR-
  5        RECTIONS.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 63-2552A, Idaho Code, be, and the same is  hereby
  8    amended to read as follows:
                                                                        
  9        63-2552A.  ADDITIONAL  TAX  IMPOSED  --  RATE.  (1) In addition to the tax
 10    imposed in section 63-2552, Idaho Code, from and after July 1, 1994, there  is
 11    levied and there shall be collected an additional tax upon the sale, use, con-
 12    sumption,  handling,  or distribution of all tobacco products in this state at
 13    the rate of five per cent percent (5%) of the wholesale sales  price  of  such
 14    tobacco products. Such tax shall be imposed at the time the distributor:
 15        (a)  Brings,  or  causes  to  be brought, into this state from without the
 16        state tobacco products for sale;
 17        (b)  Makes, manufactures, or fabricates tobacco products in this state for
 18        sale in this state; or
 19        (c)  Ships or transports tobacco products to retailers in this state to be
 20        sold by those retailers.
 21        (2)  Each distributor, within twenty (20) days after July 1,  1994,  shall
 22    file  a  report  with  the commission, in such form as the commission may pre-
 23    scribe, showing the tobacco products on hand on July 1, 1994, and  the  amount
 24    of  tax  due thereon. The tax imposed in this subsection shall be due and pay-
 25    able within twenty (20) days after July 1, 1994,  and  thereafter  shall  bear
 26    interest at the rate of one per cent percent (1%) per month.
 27        (3)  Fifty  per cent (50%) oOf the tax collected pursuant to this section,
 28    two hundred fifty thousand dollars ($250,000) shall be  remitted  annually  to
 29    the  department  of law enforcement to increase toxicology lab capacity in the
 30    bureau of forensic services for drug testing of juveniles and, of the balance,
 31    fifty percent (50%) shall be subject to appropriation  to  the  public  school
 32    income  fund to be utilized to facilitate and provide substance abuse programs
 33    in the public school system of which amount two hundred fifty thousand dollars
 34    ($250,000) shall be remitted annually to the department of law enforcement  to
 35    increase  toxicology  lab capacity in the bureau of forensic services for drug
 36    testing of juveniles, and fifty per cent percent (50%)  shall  be  subject  to
 37    appropriation to the department of juvenile corrections for distribution quar-
 38    terly  to  the counties to be utilized for county juvenile probation services,
 39    based upon the percentage the population of the county bears to the population
 40    of the state as a whole. The moneys remitted to the department of law enforce-
 41    ment shall be reviewed annually and any money excess to the  operations  needs
 42    of  the  laboratory  for  juvenile drug testing will be returned to be divided
 43    evenly between the public school income fund for substance abuse  programs  in
                                                                        
                                           2
                                                                        
  1    the  public  school system and the department of juvenile corrections for dis-
  2    tribution quarterly to the counties to be utilized for county juvenile  proba-
  3    tion  services.  The laboratory may utilize this increased toxicology capacity
  4    for adult drug testing to the extent that timely testing for juveniles is  not
  5    adversely impacted.

Statement of Purpose / Fiscal Impact


     
     
                 STATEMENT OF PURPOSE
                       RS 09916 
     
          This proposed legislation would divide the cost for juvenile drug testing
     accomplished through the Department of Law Enforcement toxicology lab. The
     cost of $250,000 annually is paid through the ten cent tax on tobacco products. 
          At present, the full $250,000 is paid through substance abuse money
     appropriated to the public school income fund. 
          In data established by the Department of Law Enforcement in November,
     1999, 0.05 percent of forensic lab testing of juveniles originates with public
     schools while 20.0 percent of juvenile testing originates with the juvenile
     corrections system. 
     
     
     
                    FISCAL IMPACT 
     
     The $250,000 for juvenile drug testing would be divided between the public
     school income fund for substance abuse programs and the department of juvenile
     corrections. 
     
     
     
     
     
     Contact 
     Name: Rep. Jim KEMPTON
     Phone: 208/332-1000 
     
     
                                        STATEMENT OF PURPOSE/FISCAL NOTE                            H 570