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H0693......................................................by STATE AFFAIRS CIGARETTES - Adds to existing law to prohibit the sale, distribution, acquisition, owning, possession or transportation of cigarettes within the state of Idaho which are intended only for export from the United States or which do not comply with federal law regarding warnings, other information required by federal law, federal trademark or copyright laws, or for which the list or lists of ingredients added to tobacco have not been submitted to the secretary of the United States Department of Health and Human Services. 02/25 House intro - 1st rdg - to printing 02/28 Rpt prt - to St Aff 03/09 Rpt out - rec d/p - to 2nd rdg 03/10 2nd rdg - to 3rd rdg 03/14 3rd rdg - PASSED - 62-0-8 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Judd, Kellogg, Kendell, Kunz, Lake, Linford, Loertscher, Marley, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann NAYS -- None Absent and excused -- Cuddy, Geddes, Hammond, Jones, Kempton, Mader, McKague, Mr Speaker Floor Sponsor - Cheirrett Title apvd - to Senate 03/15 Senate intro - 1st rdg - to St Aff 03/20 Rpt out - rec d/p - to 2nd rdg 03/21 2nd rdg - to 3rd rdg 03/31 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-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Sorensen Floor Sponsor - Sandy Title apvd - to House 04/03 To enrol 04/04 Rpt enrol - Sp signed - Pres signed 04/05 To Governor 04/14 Governor signed Session Law Chapter 351 Effective: 07/01/00
H0693|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 693 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE IMPORTATION AND SALE OF CIGARETTES WITHIN THE STATE OF IDAHO; 3 AMENDING CHAPTER 25, TITLE 63, IDAHO CODE, BY THE ADDITION OF NEW SECTIONS 4 63-2523, 63-2524, 63-2525, 63-2526, 63-2527, 63-2528 AND 63-2529, IDAHO 5 CODE, TO PROHIBIT THE SALE, DISTRIBUTION, ACQUISITION, OWNING, POSSESSION 6 OR TRANSPORTATION OF CIGARETTES WITHIN THE STATE OF IDAHO WHICH ARE 7 INTENDED ONLY FOR EXPORT FROM THE UNITED STATES OR WHICH DO NOT COMPLY 8 WITH FEDERAL LAW REGARDING WARNINGS, OTHER INFORMATION REQUIRED BY FEDERAL 9 LAW, FEDERAL TRADEMARK AND COPYRIGHT LAWS OR FOR WHICH THE LIST OR LISTS 10 OF INGREDIENTS ADDED TO TOBACCO HAVE NOT BEEN SUBMITTED TO THE SECRETARY 11 OF THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES AS REQUIRED BY FEDERAL 12 LAW AND TO PROHIBIT THE ALTERATION OF THE PACKAGE OF CIGARETTES PRIOR TO 13 SALE OR DISTRIBUTION TO OBSCURE OR CONCEAL CERTAIN NOTICES, HEALTH WARN- 14 INGS OR OTHER INFORMATION REQUIRED BY FEDERAL LAW, TO PROVIDE FOR CERTAIN 15 DOCUMENTATION TO BE PROVIDED TO THE IDAHO STATE TAX COMMISSION RELATING TO 16 ALL CIGARETTES IMPORTED INTO THE UNITED STATES WHICH ARE SOLD OR DISTRIB- 17 UTED WITHIN THE STATE OF IDAHO, TO PROVIDE CRIMINAL PENALTIES FOR VIOLA- 18 TION OF THE ACT, TO PROVIDE FOR ENFORCEMENT AND ADMINISTRATIVE SANCTIONS 19 BY THE IDAHO STATE TAX COMMISSION, TO DECLARE CERTAIN CIGARETTES TO CON- 20 STITUTE CONTRABAND AND TO PROVIDE FOR SEIZURE AND DESTRUCTION OF CERTAIN 21 CIGARETTES, TO PROVIDE FOR ADMINISTRATION BY THE STATE TAX COMMISSION, TO 22 DEFINE TERMS AND TO PROVIDE APPLICABILITY; AND TO PROVIDE FOR SEVERABIL- 23 ITY. 24 Be It Enacted by the Legislature of the State of Idaho: 25 SECTION 1. That Chapter 25, Title 63, Idaho Code, be, and the same is 26 hereby amended by the addition thereto of NEW SECTIONS, to be known and desig- 27 nated as Sections 63-2523, 63-2524, 63-2525, 63-2526, 63-2527, 63-2528 and 28 63-2529, Idaho Code, and to read as follows: 29 63-2523. PROHIBITIONS. It shall be unlawful for any person: 30 (1) To sell or distribute in this state; to acquire, hold, own, possess 31 or transport, for sale or distribution in this state; or to bring into this 32 state for sale or distribution in this state: 33 (a) Any cigarettes the package of which: 34 (i) Bears any statement, label, stamp, sticker or notice indicating 35 that the manufacturer did not intend the cigarettes to be sold, dis- 36 tributed or used in the United States including, but not limited to, 37 labels stating "For Export Only," "U.S. Tax-Exempt," "For Use Outside 38 U.S." or similar wording; or 39 (ii) Does not comply with: 40 1. All requirements imposed by or pursuant to federal law 41 regarding warnings and other information on packages of ciga- 42 rettes manufactured, packaged or imported for sale, distribution 43 or use in the United States including, but not limited to, the 2 1 precise warning labels specified in the federal cigarette label- 2 ing and advertising act, 15 U.S.C. section 1333; and 3 2. All federal trademark and copyright laws; 4 (b) Any cigarettes imported into the United States in violation of 26 5 U.S.C. section 5754 or any other federal law, or implementing federal reg- 6 ulations; 7 (c) Any cigarettes that such person otherwise knows or has reason to know 8 the manufacturer did not intend to be sold, distributed or used in the 9 United States; or 10 (d) Any cigarettes for which there has not been submitted to the secre- 11 tary of the U.S. department of health and human services the list or lists 12 of the ingredients added to tobacco in the manufacture of such cigarettes 13 required by the federal cigarette labeling and advertising act, 15 U.S.C. 14 section 1335a; 15 (2) To alter the package of any cigarettes, prior to sale or distribution 16 to the ultimate consumer, so as to remove, conceal or obscure: 17 (a) Any statement, label, stamp, sticker or notice described in subpara- 18 graph (1)(a)(i) of this section; 19 (b) Any health warning that is not specified in, or does not conform with 20 the requirements of, the federal cigarette labeling and advertising act, 21 15 U.S.C. section 1333; or 22 (3) To affix any stamp required pursuant to chapter 25, title 63, Idaho 23 Code, to the package of any cigarettes described in subsection (1) of this 24 section or altered in violation of subsection (2) of this section. 25 63-2524. DOCUMENTATION. On and after January 1, 2001, on or before the 26 twentieth day of each month, every wholesaler shall file with the state tax 27 commission, for all cigarettes imported into the United States to which the 28 wholesaler has affixed Idaho state cigarette tax stamps in the preceding 29 month: 30 (1) A copy of: 31 (a) The permit issued pursuant to the Internal Revenue Code, 26 U.S.C. 32 section 5713, to the importer of such cigarettes allowing such person to 33 be an importer of such cigarettes; and 34 (b) The customs form containing, with respect to such cigarettes, the 35 internal revenue tax information required by the U.S. bureau of alcohol, 36 tobacco and firearms. 37 (2) A statement signed by the wholesaler, in such form as the commission 38 shall prescribe, which shall be treated as confidential by the commission and 39 exempt from disclosure under the Idaho public records law, which statement 40 shall show the quantity of each brand and brand style of such imported ciga- 41 rettes, the supplier of such imported cigarettes, and the person or persons, 42 if any, to whom such imported cigarettes have been conveyed for resale. The 43 wholesaler shall file an additional statement, which shall not be confidential 44 nor exempt from disclosure under the Idaho public records law, identifying the 45 brand and brand style of all imported cigarettes sold by such wholesaler dur- 46 ing the preceding month. 47 (3) In addition, the wholesaler shall, on or before the twentieth day of 48 each month, file with the state tax commission a statement, in such form as 49 the commission shall prescribe, signed by an officer of the manufacturer or 50 importer, certifying that the manufacturer or importer has, with respect to 51 such imported cigarettes to which the wholesaler has affixed Idaho state ciga- 52 rette tax stamps during the preceding month, complied with: 53 (a) The package health warning and ingredient reporting requirements of 54 the federal cigarette labeling and advertising act, 15 U.S.C. sections 3 1 1333 and 1335a, with respect to such cigarettes; and 2 (b) Chapter 78, title 39, Idaho Code, including a statement indicating 3 whether the manufacturer is, or is not, a participating tobacco manufac- 4 turer within the meaning of that chapter. 5 63-2525. CRIMINAL PENALTIES. Any person that violates or fails to comply 6 with any of the provisions of this chapter or rules promulgated pursuant 7 thereto shall be punishable by a fine of not to exceed one thousand dollars 8 ($1,000), or imprisonment in the county jail for not more than one (1) year, 9 or by both such fine and imprisonment. 10 63-2526. ADMINISTRATIVE SANCTIONS. (1) The state tax commission may 11 revoke or suspend the permit issued to any person pursuant to chapter 25, 12 title 63, Idaho Code, in accordance with procedures set forth in the Idaho 13 administrative procedure act. The state tax commission may, in addition to the 14 suspension or revocation of such permit, assess a civil penalty to be paid by 15 such permittee in an amount not to exceed the greater of five hundred percent 16 (500%) of the retail value of the cigarettes involved or five thousand dollars 17 ($5,000), upon finding a violation of any of the provisions of this chapter by 18 such permittee. Assessment of a civil penalty hereunder shall be made in the 19 same manner as provided in section 63-2516, Idaho Code, for assessing a tax 20 under this chapter. 21 (2) Cigarettes that are acquired, held, owned, possessed, transported in, 22 imported into, or sold or distributed in this state in violation of the provi- 23 sions of this chapter, shall be deemed contraband under section 63-2513, Idaho 24 Code, and shall be subject to seizure and forfeiture as provided therein. Pro- 25 vided however, notwithstanding the provisions of section 63-2515, Idaho Code, 26 all such cigarettes so seized and forfeited shall be destroyed and shall not 27 be subject to resale. Such cigarettes shall be deemed contraband whether the 28 violation of this chapter is knowing or otherwise. 29 63-2527. GENERAL PROVISIONS. (1) It shall be the duty of the state tax 30 commission to administer the provisions of this chapter. 31 (2) For the purpose of administering the provisions of this chapter, the 32 state tax commission may share information with, and request information from, 33 any federal agency and any agency of any other state or any local agency 34 thereof. 35 (3) In addition to any other remedy provided by law, any person may bring 36 an action for appropriate injunctive or other equitable relief for a violation 37 of this chapter; actual damages, if any, sustained by reason of the violation; 38 and, as determined by the court, interest on the damages from the date of the 39 complaint, taxable costs, and reasonable attorney's fees. If the court finds 40 that the violation is flagrant, it may increase recovery to an amount not in 41 excess of three (3) times the actual damages sustained by reason of the viola- 42 tion. 43 63-2528. DEFINITIONS. The definitions set forth in section 63-2502, Idaho 44 Code, shall apply to the provisions of this chapter. In addition, as used in 45 this act: 46 (1) "Commission" means the Idaho state tax commission. 47 (2) "Importer" means any person in the United States to whom nontaxpaid 48 cigarettes manufactured in a foreign country, Puerto Rico, the Virgin Islands 49 or a possession of the United States are shipped or consigned; any person who 50 removes cigarettes for sale or consumption in the United States from a customs 51 bonded manufacturing warehouse; and any person who smuggles or otherwise 4 1 unlawfully brings cigarettes into the United States. 2 (3) "Manufacturer" means any person who manufactures cigarettes by any 3 method of preparing, processing or manipulating tobacco, except for his own 4 personal consumption or use. 5 (4) "Person" means an individual, partnership, corporation or any other 6 business or legal entity. 7 63-2529. APPLICABILITY. (1) This act does not apply to: 8 (a) Cigarettes imported or brought into the United States for personal 9 use; or 10 (b) Cigarettes sold or intended to be sold as duty-free merchandise by a 11 duty-free sales enterprise in accordance with the provisions of 19 U.S.C. 12 section 1555(b) and any implementing regulations. Provided however, that 13 this chapter shall apply to any such cigarettes that are brought back into 14 the customs territory for resale within the customs territory. 15 (2) The penalties provided in this chapter are in addition to any other 16 penalties imposed under other law. 17 SECTION 2. SEVERABILITY. If any part or parts of this act shall be 18 adjudged by the courts to be unconstitutional or invalid, the same shall not 19 affect the validity of any part or parts thereof which can be given effect 20 without the part or parts adjudged to be unconstitutional or invalid.
STATEMENT OF PURPOSE RS10144 The proposed legislation is designed to prevent the sale and distribution, in Idaho, of cigarettes intended for export toor for sale in foreign countries. Cigarettes which are intended for sale outside the United States, but which are sold in the United states are commonly referred to as "gray market cigarettes." Sales of gray market cigarettes reduce states' revenues under the Tobacco Settlement, as Settlement payments are calculated on the basis of domestic sales of the manufacturers-not on foreign exports. In addition, gray market products, manufactured and sold for foreign export or manufactured in a foreign country for use outside the United States, sell at wholesale prices approximately $10 less than products manufactured for sale and use in the United States. The price differential is sufficient to encourage sales of the gray market cigarettes and discourage the sale of domestically produced cigarettes. This legislation provides the enforcement mechanism to detect and prevent the sale in Idaho of gray market cigarettes. It further provides domestic manufacturers with the opportunity to aid in the enforcement activity by providing a private cause of action to those injured by gray market activity. FISCAL NOTE There is no adverse fiscal impact related to this legislation. Contact Name: Bill Roden Brown & Williamson Tobacco Company Phone: 336-7930 STATEMENT OF PURPOSE/FISCAL NOTE H 693