2000 Legislation
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HOUSE BILL NO. 609 – Snuff, moist, tax

HOUSE BILL NO. 609

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H0609...............................................by REVENUE AND TAXATION
MOIST SNUFF - TAX - Amends existing law to provide that moist snuff shall
be taxed at the rate of seventy-six cents per ounce; and to provide for
distribution of the tax revenues effective January 1, 2001.
                                                                        
02/18    House intro - 1st rdg - to printing
02/21    Rpt prt - to Rev/Tax
02/28    Rpt out - rec d/p - to 2nd rdg
02/29    2nd rdg - to 3rd rdg
03/02    3rd rdg - PASSED - 34-33-3
      AYES -- Barrett, Bruneel, Chase, Clark, Crow, Cuddy, Deal, Field(13),
      Field(20), Geddes, Hansen(29), Henbest, Jaquet, Jones, Judd, Kellogg,
      Kempton, Kunz, Linford, Marley, McKague, Meyer, Pomeroy, Ridinger,
      Ringo, Sali, Sellman, Shepherd, Stoicheff, Stone, Taylor, Tilman,
      Trail, Zimmermann
      NAYS -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Callister,
      Campbell, Cheirrett, Denney, Ellsworth, Gagner, Hadley, Hammond,
      Hansen(23), Hornbeck, Kendell, Lake, Loertscher, Mader, Mortensen,
      Moss, Moyle, Pearce, Pischner, Reynolds, Robison, Schaefer(Tiegs),
      Smith, Smylie, Stevenson, Wheeler, Wood
      Absent and excused -- Gould, Montgomery, Mr Speaker
    Floor Sponsor - Cuddy
    Title apvd - to Senate
03/03    Senate intro - 1st rdg - to Loc Gov

Bill Text


 H0609
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 609
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO  THE  TAXATION  OF  CERTAIN  TOBACCO  PRODUCTS;  AMENDING  SECTION
  3        63-2551,  IDAHO  CODE,  TO PROVIDE A DEFINITION OF "MOIST SNUFF"; AMENDING
  4        SECTION 63-2552, IDAHO CODE, TO EXCLUDE MOIST SNUFF FROM TAXATION AT AN AD
  5        VALOREM RATE OF TAXATION AND TO MAKE A TECHNICAL CORRECTION; AMENDING SEC-
  6        TION 63-2552A, IDAHO CODE, TO EXCLUDE MOIST SNUFF FROM TAXATION AT  AN  AD
  7        VALOREM RATE OF TAXATION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAP-
  8        TER  25,  TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 63-2552B,
  9        IDAHO CODE, TO PROVIDE THAT MOIST SNUFF SHALL BE  TAXED  AT  THE  RATE  OF
 10        SEVENTY-SIX CENTS PER OUNCE OF MOIST SNUFF AND TO PROVIDE FOR DISTRIBUTION
 11        OF THE TAX REVENUES; AMENDING SECTION 63-2553, IDAHO CODE, TO PROVIDE LEG-
 12        ISLATIVE  INTENT TO LEVY A TAX ON MOIST SNUFF AND TO MAKE A TECHNICAL COR-
 13        RECTION; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION 1.  That Section 63-2551, Idaho Code, be, and the same  is  hereby
 16    amended to read as follows:
                                                                        
 17        63-2551.  TOBACCO PRODUCTS TAX -- DEFINITIONS. As used in this act:
 18        (1)  "Tobacco  products" shall mean any cigars, cheroots, stogies, smoking
 19    tobacco (including granulated, plug, cut, crimp  cut,  ready  rubbed  and  any
 20    other kinds and forms of tobacco suitable for smoking in a pipe or cigarette),
 21    chewing  tobacco  (including cavendish, twist, plug, scrap and any other kinds
 22    and forms of tobacco suitable for chewing) and snuff,  however  prepared;  and
 23    shall include any other articles or products made of tobacco or any substitute
 24    therefor, except cigarettes;
 25        (2)  "Moist  snuff"  means  any  finely  cut,  ground  or powdered tobacco
 26    intended to be placed in the oral cavity, but not including dry snuff;
 27        (3)  "Manufacturer" means a person  who  manufactures  and  sells  tobacco
 28    products;
 29        (34)  "Distributor"  means (a) any person engaged in the business of sell-
 30    ing tobacco products in this state who brings, or causes to be  brought,  into
 31    this  state from without the state any tobacco products for sale, (b) any per-
 32    son who makes, manufactures, or fabricates tobacco products in this state  for
 33    sale  in this state, (c) any person engaged in the business of selling tobacco
 34    products without this state  who  ships  or  transports  tobacco  products  to
 35    retailers in this state, to be sold by those retailers;
 36        (45)  "Subjobber" means any person, other than a manufacturer or distribu-
 37    tor,  who  buys  tobacco products from a distributor and sells them to persons
 38    other than the ultimate consumers;
 39        (56)  "Retailer" means any person  engaged  in  the  business  of  selling
 40    tobacco products to ultimate consumers;
 41        (67)  "Sale"  means any transfer, exchange, or barter, in any manner or by
 42    any means whatsoever, for a consideration, and includes and  means  all  sales
                                                                        
                                           2
                                                                        
  1    made by any person. It includes a gift by a person engaged in the business  of
  2    selling  tobacco  products,  for advertising, as a means of evading the provi-
  3    sions of this chapter, or for any other purposes whatsoever;
  4        (78)  "Wholesale sales price" means the established price for which a man-
  5    ufacturer sells a tobacco product to a distributor, exclusive of any  discount
  6    or other reduction;
  7        (89)  "Business"  means  any  trade,  occupation,  activity, or enterprise
  8    engaged in for the purpose of selling or distributing tobacco products in this
  9    state;
 10        (910) "Place of business" means any place where tobacco products are manu-
 11    factured, stored, or kept for the purpose of sale  or  consumption,  including
 12    any vessel, vehicle, airplane, train, or vending machine;
 13        (101) "Retail  outlet"  means  each  place  of business from which tobacco
 14    products are sold to consumers;
 15        (112) "Commission" means the Idaho state tax commission.
                                                                        
 16        SECTION 2.  That Section 63-2552, Idaho Code, be, and the same  is  hereby
 17    amended to read as follows:
                                                                        
 18        63-2552.  TOBACCO PRODUCTS TAX IMPOSED -- RATE. (1) From and after July 1,
 19    1972,  tThere is levied and there shall be collected a tax upon the sale, use,
 20    consumption, handling, or distribution of all tobacco products,  except  moist
 21    snuff,  in this state at the rate of thirty-five per cent percent (35%) of the
 22    wholesale sales price of such tobacco products. Such tax shall be  imposed  at
 23    the  time the distributor (a) brings, or causes to be brought, into this state
 24    from without the state tobacco products for sale, (b) makes, manufactures,  or
 25    fabricates tobacco products in this state for sale in this state, or (c) ships
 26    or transports tobacco products to retailers in this state, to be sold by those
 27    retailers.
 28        (2)  A  floor  stocks  tax  is  hereby  imposed  upon every distributor of
 29    tobacco products at the rate of thirty-five per cent (35%)  of  the  wholesale
 30    sales  price of each tobacco product in his possession or under his control on
 31    July 1, 1972.
 32        Each distributor, within twenty (20) days after July 1, 1972, shall file a
 33    report with the commission, in such form  as  the  commission  may  prescribe,
 34    showing  the  tobacco  products on hand on July 1, 1972, and the amount of tax
 35    due thereon.
 36        The tax imposed by this subdivision shall be due and payable within twenty
 37    (20) days after July 1, 1972, and thereafter shall bear interest at  the  rate
 38    of one per cent (1%) per month.
                                                                        
 39        SECTION  3.  That Section 63-2552A, Idaho Code, be, and the same is hereby
 40    amended to read as follows:
                                                                        
 41        63-2552A.  ADDITIONAL TOBACCO PRODUCTS TAX IMPOSED -- RATE. (1)  In  addi-
 42    tion to the tax imposed in section 63-2552, Idaho Code, from and after July 1,
 43    1994,  there is levied and there shall be collected an additional tax upon the
 44    sale, use, consumption, handling, or distribution  of  all  tobacco  products,
 45    except moist snuff, in this state at the rate of five per cent percent (5%) of
 46    the  wholesale sales price of such tobacco products. Such tax shall be imposed
 47    at the time the distributor:
 48        (a)  Brings, or causes to be brought, into this  state  from  without  the
 49        state tobacco products for sale;
 50        (b)  Makes, manufactures, or fabricates tobacco products in this state for
 51        sale in this state; or
                                                                        
                                           3
                                                                        
  1        (c)  Ships or transports tobacco products to retailers in this state to be
  2        sold by those retailers.
  3        (2)  Each  distributor,  within twenty (20) days after July 1, 1994, shall
  4    file a report with the commission, in such form as  the  commission  may  pre-
  5    scribe,  showing  the tobacco products on hand on July 1, 1994, and the amount
  6    of tax due thereon. The tax imposed in this subsection shall be due  and  pay-
  7    able  within  twenty  (20)  days after July 1, 1994, and thereafter shall bear
  8    interest at the rate of one per cent (1%) per month.
  9        (3)  Fifty per cent percent (50%) of the tax collected  pursuant  to  this
 10    section  shall be subject to appropriation to the public school income fund to
 11    be utilized to facilitate and provide substance abuse programs in  the  public
 12    school  system  of  which amount two hundred fifty thousand dollars ($250,000)
 13    shall be remitted annually to the department of law  enforcement  to  increase
 14    toxicology lab capacity in the bureau of forensic services for drug testing of
 15    juveniles,  and fifty per cent percent (50%) shall be subject to appropriation
 16    to the department of juvenile corrections for distribution  quarterly  to  the
 17    counties to be utilized for county juvenile probation services, based upon the
 18    percentage  the  population of the county bears to the population of the state
 19    as a whole. The moneys remitted to the department of law enforcement shall  be
 20    reviewed  annually and any money excess to the operations needs of the labora-
 21    tory for juvenile drug testing will be returned to the  public  school  income
 22    fund  for substance abuse programs in the public school system. The laboratory
 23    may utilize this increased toxicology capacity for adult drug testing  to  the
 24    extent that timely testing for juveniles is not adversely impacted.
                                                                        
 25        SECTION  4.  That  Chapter  25,  Title 63, Idaho Code, be, and the same is
 26    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 27    ignated as Section 63-2552B, Idaho Code, and to read as follows:
                                                                        
 28        63-2552B.  TAX IMPOSED ON MOIST SNUFF -- RATE -- DISTRIBUTION OF TAX REVE-
 29    NUES.  (1)  From  and  after January 1, 2001, there is hereby levied and there
 30    shall be collected a tax upon the sale, use, consumption, handling or  distri-
 31    bution  of  moist  snuff, in this state at the rate of seventy-six cents (76)
 32    per ounce, and a proportionate tax at the like rate on all fractional parts of
 33    an ounce, of moist snuff. Such tax shall be imposed at the time the  distribu-
 34    tor:
 35        (a)  Brings,  or  causes  to  be brought, into this state from without the
 36        state moist snuff for sale;
 37        (b)  Makes, manufactures or fabricates moist snuff in this state for  sale
 38        in this state; or
 39        (c)  Ships or transports moist snuff to retailers in this state to be sold
 40        by those retailers.
 41        (2)  Each  distributor,  within  twenty  (20)  days after January 1, 2001,
 42    shall file a report with the commission, in such form as  the  commission  may
 43    prescribe,  showing the moist snuff on hand on January 1, 2001, and the amount
 44    of tax due thereon. The tax imposed in this subsection shall be due  and  pay-
 45    able  within twenty (20) days after January 1, 2001, and thereafter shall bear
 46    interest as provided in section 63-3045, Idaho Code. If  the  distributor  has
 47    previously paid tax to the state of Idaho upon the moist snuff on hand on Jan-
 48    uary  1, 2001, the distributor shall pay the tax due pursuant to this section,
 49    but shall be entitled to credit thereon for  taxes  previously  paid  on  such
 50    moist snuff pursuant to the law in effect prior to January 1, 2001.
 51        (3)  The  revenues  received  from the tax imposed by this section and any
 52    penalties, interest, or deficiency additions, shall be distributed by the  tax
 53    commission as follows:
                                                                        
                                           4
                                                                        
  1        (a)  An  amount of money shall be distributed to the state refund account,
  2        sufficient to pay current refund claims. All  refunds  authorized  by  the
  3        commission  shall  be  paid  through  the  state refund account, and those
  4        moneys are continuously appropriated.
  5        (b)  From the balance remaining with the state treasurer  after  deducting
  6        the  amounts  in  paragraph  (a)  of this subsection, the remaining moneys
  7        shall be remitted as follows:
  8             (i)   Eighty-seven and one-half percent (87.5%) directly to the water
  9             pollution control account established in chapter 36, title 39,  Idaho
 10             Code, and shall be remitted to that account periodically, but no less
 11             frequently  than  quarterly.  Provided however, in the event that the
 12             water pollution control account shall  no  longer  be  in  existence,
 13             then,  and  in  that  event, said percentage shall be remitted to the
 14             general fund;
 15             (ii)  Six and one-quarter percent (6.25%) shall be subject to  appro-
 16             priation  to  the public school income fund to be utilized to facili-
 17             tate and provide substance abuse programs in the public school system
 18             of which amount two hundred fifty thousand dollars  ($250,000)  shall
 19             be remitted annually to the department of law enforcement to increase
 20             toxicology  lab  capacity in the bureau of forensic services for drug
 21             testing of juveniles. The moneys remitted to the  department  of  law
 22             enforcement  shall  be  reviewed annually and any money excess to the
 23             operations needs of the laboratory for juvenile drug testing will  be
 24             returned  to  the  public school income fund for substance abuse pro-
 25             grams in the public school system. The laboratory  may  utilize  this
 26             increased  toxicology  capacity  for adult drug testing to the extent
 27             that timely testing for juveniles is not adversely impacted.
 28             (iii) Six and one-quarter percent (6.25%) shall be subject to  appro-
 29             priation  to  the department of juvenile corrections for distribution
 30             quarterly to the counties to be utilized for county  juvenile  proba-
 31             tion services, based upon the percentage the population of the county
 32             bears to the population of the state as a whole.
                                                                        
 33        SECTION  5.  That  Section 63-2553, Idaho Code, be, and the same is hereby
 34    amended to read as follows:
                                                                        
 35        63-2553.  LEGISLATIVE INTENT. It is the intent and purpose of this chapter
 36    to levy a tax on all tobacco products, including moist snuff, sold, used, con-
 37    sumed, handled, or distributed within this state and to collect the  tax  from
 38    the  distributor  as defined in section 63-2551, Idaho Code. It is the further
 39    intent and purpose of this chapter to impose the tax only once but nothing  in
 40    this  chapter  shall be construed to exempt any person taxable under any other
 41    law or under any other tax imposed by the state of Idaho.
                                                                        
 42        SECTION 6.  This act shall be in full force and effect on and after  Janu-
 43    ary 1, 2001.

Statement of Purpose / Fiscal Impact



                                
                      STATEMENT OF PURPOSE
                            RS 10026 
                                
     This legislation applies a weight - based tax, rather than an ad valorem, to all moist snuff
tobacco products. The weight - based tax will provide an equal tax on all moist snuff products
and will create an easier mechanism for Idaho distributors to assess and collect taxes. 
     Currently, other tobacco products (OTP) are taxed upon an ad valorem basis. The new
section provides for a move from an ad valorem tax to a flat weight - based tax on moist snuff
products. Under the ad valorem tax, premium products are taxed at a higher rate than products
that sell at a lower price. As a result less tax is collected by the state on price - value products.
Under the weight - based tax proposed in this legislation, the tax on premium products will
remain the same, and price - value products will be taxed at an equal rate. Changing to a weight -
based tax will ensure equal taxation among moist snuff products and create an easier method of
tax application for Idaho distributors. 



                         FISCAL IMPACT 

This bill will have no impact on the general fund. This bill is designed to be revenue neutral,
however, based on current information, a $125,000 to $150,000 increase in taxes collected 
for dedicated funds is expected. 

Contact 
Name:   Bob Wells / Jeremy P. Pisca
      UST Public Affairs 
Phone:   395-0858 / 336-7930 

                                                  STATEMENT OF PURPOSE / FISCAL NOTE                                        H 609