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H0404...............................................by REVENUE AND TAXATION CIGARETTES - TAX - Amends existing law to increase the cigarette tax to $1.00 per package of 20 cigarettes and to revise the distribution of the revenues; and to revise the compensation for affixing stamps. 04/03 House intro - 1st rdg - to printing Rpt prt - to 2nd rdg 04/04 2nd rdg - to 3rd rdg 04/07 To Gen Ord
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 404 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO TOBACCO TAXATION AND TOBACCO RELATED HEALTH PROGRAMS; AMENDING 3 SECTION 63-2506, IDAHO CODE, TO INCREASE THE TAX ON CIGARETTES FROM AND 4 AFTER A DESIGNATED DATE AND TO REVISE THE DISTRIBUTION OF MONEYS RAISED 5 FROM THE TAX; AMENDING SECTION 63-2509, IDAHO CODE, TO REVISE THE COMPEN- 6 SATION FOR AFFIXING STAMPS FROM AND AFTER A DESIGNATED DATE AND TO MAKE A 7 TECHNICAL CORRECTION; AMENDING SECTION 63-2520, IDAHO CODE, TO REVISE DIS- 8 TRIBUTION OF THE TAX ON TOBACCO; REPEALING SECTIONS 63-2506, 63-2509 AND 9 63-2520, IDAHO CODE; AMENDING CHAPTER 25, TITLE 63, IDAHO CODE, BY THE 10 ADDITION OF NEW SECTIONS 63-2506, 63-2509 AND 63-2520, IDAHO CODE, TO PRO- 11 VIDE FOR THE IMPOSITION OF A TAX ON THE PURCHASE, STORAGE, USE, CONSUMP- 12 TION, HANDLING, DISTRIBUTION OR WHOLESALE SALE OF CIGARETTES, TO PROVIDE 13 COMPENSATION FOR AFFIXING STAMPS AND TO PROVIDE FOR DISTRIBUTION OF 14 MONEYS; AND PROVIDING EFFECTIVE DATES. 15 Be It Enacted by the Legislature of the State of Idaho: 16 SECTION 1. That Section 63-2506, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 63-2506. IMPOSITION OF TAX. From and after July 1, 2003, aAtax upon the 19 purchase, storage, use, consumption, handling, distribution or wholesale sale 20 of cigarettes is hereby imposed at the rate ofone and four-tenthsfive cents 21 (1.45) for each cigarette ortwenty-eight centsone dollar (28$1.00) per 22 package of twenty (20) cigarettes, which tax shall be paid by the wholesaler, 23 and collected by the state tax commission. Proceeds of the tax imposed shall 24 be distributed as follows: 25 (1)Five cents (5) of the tax collected per package of twenty (20) ciga-26rettes shall be subject to appropriationFour million eight hundred four thou- 27 sand dollars ($4,804,000) per year is continuously appropriated and shall be 28 distributed to the public school income fund to be utilized to facilitate and 29 provide substance abuse programs in the public school system. 30 (2)Five cents (5) of the tax collected per package of twenty (20) ciga-31rettes shall be subject to appropriationFour million eight hundred four thou- 32 sand dollars ($4,804,000) per year is continuously appropriated and shall be 33 distributed to the department of juvenile corrections for distribution to the 34 counties to be utilized for county juvenile probation services. Appropriated 35 funds shall be distributed quarterly to the counties based upon the percentage 36 the population of the county bears to the population of the state as a whole. 37 (3) The remaining moneys collected and those moneys not appropriated 38 under the provisions of this section shall be distributed as specified in sec- 39 tion 63-2520, Idaho Code. 40 SECTION 2. That Section 63-2509, Idaho Code, be, and the same is hereby 41 amended to read as follows: 2 1 63-2509. COMPENSATION FOR AFFIXING STAMPS. Wholesalers shall be allowed 2 as compensation for affixing stamps,five per centone and one-half percent 3 (1.5%) of the face value of the stamps purchased by them for the time period 4 on and after July 1, 2003. 5 SECTION 3. That Section 63-2520, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 63-2520. DISTRIBUTION OF MONEYS COLLECTED. Revenues received from the 8 taxes imposed by this chapter, and any revenues received from licenses, per- 9 mits, penalties, interest, or deficiency additions, shall be distributed by 10 the tax commission as follows: 11 (a) An amount of money shall be distributed to the state refund account 12 sufficient to pay current refund claims. All refunds authorized under this 13 chapter by the commission shall be paid through the state refund account, and 14 those moneys are continuously appropriated. 15 (b) The balance remaining with the state treasurer after deducting the 16 amount described in paragraph (a) above shall be distributed as follows: 17 (1)43.3% of such balanceSeven million four hundred eighty-eight thou- 18 sand dollars ($7,488,000) per year is continuously appropriated and shall 19 be distributed to the permanent building account created by section 20 57-1108, Idaho Code. 21 (2)1% of such balanceOne hundred seventy-three thousand dollars 22 ($173,000) per year is continuously appropriated and shall be distributed 23 to the central tumor registry account.The amount of money so distributed24to the central tumor registry account shall not exceed the fiscal year's25appropriation, and at such time as the appropriation has been distributed26to the central tumor registry account during any fiscal year, all such27distributions in excess of the appropriation shall be made instead to the28general fund of the state of Idaho.29 (3)2.5% of such balanceFour hundred thirty-two thousand dollars 30 ($432,000) per year is continuously appropriated and shall be distributed 31 to the cancer control account created by section 57-1702, Idaho Code. Rev- 32 enues received in the cancer control account shall be paid over to the 33 state treasurer by the state tax commission to be distributed as follows: 34 (i) Such amounts as are appropriated for purposes specified in sec- 35 tion 57-1702, Idaho Code, shall be expended as appropriated; 36 (ii) Any balance remaining in the cancer control account on June 30 37 of any fiscal year after the amounts withdrawn by appropriation have 38 been deducted, shall be reserved for transfer to the general fund on 39 July 1 and the state controller shall order such transfer. 40 (4) All remaining moneys shall be distributed to the general fund of the 41 state of Idaho. 42 SECTION 4. That Sections 63-2506, 63-2509 and 63-2520, Idaho Code, be, 43 and the same are hereby repealed. 44 SECTION 5. That Chapter 25, Title 63, Idaho Code, be, and the same is 45 hereby amended by the addition thereto of NEW SECTIONS, to be known and desig- 46 nated as Sections 63-2506, 63-2509 and 63-2520, Idaho Code, and to read as 47 follows: 48 63-2506. IMPOSITION OF TAX. A tax upon the purchase, storage, use, con- 49 sumption, handling, distribution or wholesale sale of cigarettes is hereby 50 imposed at the rate of one and four-tenths cents (1.4) for each cigarette or 3 1 twenty-eight cents (28) per package of twenty (20) cigarettes, which tax 2 shall be paid by the wholesaler, and collected by the state tax commission. 3 Five cents (5) of the tax collected per package of twenty (20) cigarettes 4 shall be subject to appropriation to the public school income fund to be uti- 5 lized to facilitate and provide substance abuse programs in the public school 6 system. Five cents (5) of the tax collected per package of twenty (20) cig- 7 arettes shall be subject to appropriation to the department of juvenile cor- 8 rections for distribution to the counties to be utilized for county juvenile 9 probation services. Appropriated funds shall be distributed quarterly to the 10 counties based upon the percentage the population of the county bears to the 11 population of the state as a whole. The remaining moneys collected and those 12 moneys not appropriated under the provisions of this section shall be distrib- 13 uted as specified in section 63-2520, Idaho Code. 14 63-2509. COMPENSATION FOR AFFIXING STAMPS. Wholesalers shall be allowed 15 as compensation for affixing stamps, five percent (5%) of the face value of 16 the stamps purchased by them. 17 63-2520. DISTRIBUTION OF MONEYS COLLECTED. Revenues received from the 18 taxes imposed by this chapter, and any revenues received from licenses, per- 19 mits, penalties, interest, or deficiency additions, shall be distributed by 20 the tax commission as follows: 21 (a) An amount of money shall be distributed to the state refund account 22 sufficient to pay current refund claims. All refunds authorized under this 23 chapter by the commission shall be paid through the state refund account, and 24 those moneys are continuously appropriated. 25 (b) The balance remaining with the state treasurer after deducting the 26 amount described in paragraph (a) above shall be distributed as follows: 27 (1) 43.3% of such balance shall be distributed to the permanent building 28 account created by section 57-1108, Idaho Code. 29 (2) 1% of such balance shall be distributed to the central tumor registry 30 account. The amount of money so distributed to the central tumor registry 31 account shall not exceed the fiscal year's appropriation, and at such time 32 as the appropriation has been distributed to the central tumor registry 33 account during any fiscal year, all such distributions in excess of the 34 appropriation shall be made instead to the general fund of the state of 35 Idaho. 36 (3) 2.5% of such balance shall be distributed to the cancer control 37 account created by section 57-1702, Idaho Code. Revenues received in the 38 cancer control account shall be paid over to the state treasurer by the 39 state tax commission to be distributed as follows: 40 (i) Such amounts as are appropriated for purposes specified in sec- 41 tion 57-1702, Idaho Code, shall be expended as appropriated; 42 (ii) Any balance remaining in the cancer control account on June 30 43 of any fiscal year after the amounts withdrawn by appropriation have 44 been deducted, shall be reserved for transfer to the general fund on 45 July 1 and the state controller shall order such transfer. 46 (4) All remaining moneys shall be distributed to the general fund of the 47 state of Idaho. 48 SECTION 6. Sections 1, 2 and 3 of this act shall be in full force and 49 effect on and after July 1, 2003. Sections 4 and 5 of this act shall be in 50 full force and effect on and after July 1, 2004.
REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS13263C2 The purpose of this legislation is to increase the tax on cigarettes to five cents per cigarette and one dollar per package of twenty cigarettes. Compensation for affixing stamps 1.5%. Sunsets June 30,2004. FISCAL IMPACT For fiscal year 2003 and each fiscal year thereafter, the increase on the tax for cigarettes is expected to generate $53,500,000. Contact Name: Representative Field(18) Phone: 332-1125 STATEMENT OF PURPOSE/FISCAL NOTE H 404