2000 Legislation
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HOUSE BILL NO. 693 – Cigarettes, certain, prohibited

HOUSE BILL NO. 693

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Daily Data Tracking History



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

Bill Text


 H0693
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN 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 / Fiscal Impact


                 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