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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
|||| 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
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