2001 Legislation
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SENATE BILL NO. 1058 – Cigarettes, imported, documentation

SENATE BILL NO. 1058

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Daily Data Tracking History



S1058......................................by LOCAL GOVERNMENT AND TAXATION
CIGARETTES - Amends and repeals existing law to update a reference to the
Internal Revenue Code for purposes of penalties regarding the importation
of cigarettes; and to delete the provisions for documentation requirements
for imported cigarettes.
                                                                        
02/01    Senate intro - 1st rdg - to printing
02/02    Rpt prt - to Loc Gov
02/06    Rpt out - rec d/p - to 2nd rdg
02/07    2nd rdg - to 3rd rdg
02/08    3rd rdg - PASSED - 28-0-6(1 vacant)
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Danielson, Darrington, Davis, Dunklin, Frasure, Geddes,
      Goedde, Hawkins, Ingram, King-Barrutia, Lee, Lodge, Richardson,
      Risch, Sandy, Sorensen, Stegner, Stennett, Thorne, Wheeler,
      Whitworth, Williams,
      NAYS -- None
      Absent and excused -- Cameron, Deide, Ipsen, Keough Noh, Schroeder
      Vacant -- Dist. #4
    Floor Sponsor -- Frasure
    Title apvd - to House
02/09    House intro - 1st rdg - to Rev/Tax
02/13    Rpt out - to St Aff
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
02/28    3rd rdg - PASSED - 65-0-5
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jones,
      Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley,
      McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
      Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Sellman,
      Shepherd, Smith, Smylie, Stevenson, Stone, Tilman, Trail, Wheeler,
      Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Crow, Gagner, Jaquet, Schaefer, Swan
    Floor Sponsor -- Kunz
    Title apvd - to Senate
03/01    To enrol
03/02    Rpt enrol - Pres signed
03/05    Sp signed
03/06    To Governor
03/08    Governor signed
         Session Law Chapter 40
         Effective: 01/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1058
                                                                        
                         BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE IMPORTATION OF CIGARETTES;  AMENDING  SECTION  63-2523,  IDAHO
  3        CODE,  TO  UPDATE A REFERENCE TO THE INTERNAL REVENUE CODE FOR PURPOSES OF
  4        PENALTIES; REPEALING SECTION 63-2524, IDAHO CODE; DECLARING  AN  EMERGENCY
  5        AND PROVIDING RETROACTIVE APPLICATION.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 63-2523, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        63-2523.  PROHIBITIONS. It shall be unlawful for any person:
 10        (1)  To sell or distribute in this state; to acquire, hold,  own,  possess
 11    or  transport,  for  sale or distribution in this state; or to bring into this
 12    state for sale or distribution in this state:
 13        (a)  Any cigarettes the package of which:
 14             (i)   Bears any statement, label, stamp, sticker or notice indicating
 15             that the manufacturer did not intend the cigarettes to be sold,  dis-
 16             tributed  or used in the United States including, but not limited to,
 17             labels stating "For Export Only," "U.S. Tax-Exempt," "For Use Outside
 18             U.S." or similar wording; or
 19             (ii)  Does not comply with:
 20                  1.  All requirements imposed  by  or  pursuant  to  federal  law
 21                  regarding  warnings  and  other information on packages of ciga-
 22                  rettes manufactured, packaged or imported for sale, distribution
 23                  or use in the United States including, but not limited  to,  the
 24                  precise warning labels specified in the federal cigarette label-
 25                  ing and advertising act, 15 U.S.C. section 1333; and
 26                  2.  All federal trademark and copyright laws;
 27        (b)  Any  cigarettes  imported  into  the United States in violation of 26
 28        U.S.C. section 5754 of the Internal Revenue Code  as  defined  in  section
 29        63-3004,  Idaho  Code,  or  any other federal law, or implementing federal
 30        regulations;
 31        (c)  Any cigarettes that such person otherwise knows or has reason to know
 32        the manufacturer did not intend to be sold, distributed  or  used  in  the
 33        United States; or
 34        (d)  Any  cigarettes  for which there has not been submitted to the secre-
 35        tary of the U.S. department of health and human services the list or lists
 36        of the ingredients added to tobacco in the manufacture of such  cigarettes
 37        required  by the federal cigarette labeling and advertising act, 15 U.S.C.
 38        section 1335a;
 39        (2)  To alter the package of any cigarettes, prior to sale or distribution
 40    to the ultimate consumer, so as to remove, conceal or obscure:
 41        (a)  Any statement, label, stamp, sticker or notice described in  subpara-
 42        graph (1)(a)(i) of this section;
 43        (b)  Any health warning that is not specified in, or does not conform with
                                                                        
                                           2
                                                                        
  1        the  requirements  of, the federal cigarette labeling and advertising act,
  2        15 U.S.C. section 1333; or
  3        (3)  To affix any stamp required pursuant to chapter 25, title  63,  Idaho
  4    Code,  to  the  package  of any cigarettes described in subsection (1) of this
  5    section or altered in violation of subsection (2) of this section.
                                                                        
  6        SECTION 2.  That Section 63-2524, Idaho Code, be, and the same  is  hereby
  7    repealed.
                                                                        
  8        SECTION  3.  An  emergency  existing  therefor,  which emergency is hereby
  9    declared to exist, this act shall be in full force and effect on and after its
 10    passage and approval, and retroactively to January 1, 2001.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 10794
                                
                                
                                
The Federal Government outlawed Gray Market Cigarettes from
entering the United States during the summer of 2000. This
legislation changes Idaho Code Section 2523 to address the
subsequent changes in the federal code. Section 2524 eliminates
the reporting procedures no longer necessary as a result of these
changes.

                                 
                          FISCAL IMPACT
                                
No Fiscal Impact.













          

Contact
      Name:     Karleane Allen, Idaho Wholesale Marketers Association
        Phone:    208 375 5806






STATEMENT OF PURPOSE/FISCAL NOTE                S 105