2003 Legislation
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HOUSE BILL NO. 404 – Cigarette tax increase/use

HOUSE BILL NO. 404

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN 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, a A tax upon the
 19    purchase,  storage, use, consumption, handling, distribution or wholesale sale
 20    of cigarettes is hereby imposed at the rate of one and four-tenths five cents
 21    (1.45) for each cigarette or twenty-eight cents one 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-
 26    rettes shall be subject to appropriation Four 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-
 31    rettes shall be subject to appropriation Four 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 cent one 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 balance Seven 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  balance  One  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 distributed
 24        to the central tumor registry account shall not exceed the  fiscal  year's
 25        appropriation,  and at such time as the appropriation has been distributed
 26        to the central tumor registry account during any  fiscal  year,  all  such
 27        distributions  in excess of the appropriation shall be made instead to the
 28        general fund of the state of Idaho.
 29        (3)  2.5%  of  such  balance  Four  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.

Statement of Purpose / Fiscal Impact




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