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H0415aaS,aaS..............................................by WAYS AND MEANS IDAHO COMMEMORATIVE SILVER MEDALLIONS - Adds to and amends existing law to provide that sales and purchases of Idaho commemorative silver medallions are not subject to sales or use tax; to provide for issuing a series of Idaho commemorative silver medallions commemorating Idaho history, people or resources for sale to the public; to direct that moneys from the sale of medallions shall be credited to the State Veterans Cemetery Maintenance Fund, after certain expenses are paid; to provide for collaboration between the State Treasurer and a committee of legislators when determining the number of medallions to be issued in a series, the number of series to be issued and approving medallion design; to direct the State Treasurer to obtain a trademark; to provide for protection of trademarks; and to provide that the first series of medallions shall commemorate "Support of Idaho's Heroes." 04/14 House intro - 1st rdg - to printing Rpt prt - to 2nd rdg Rls susp - PASSED - 66-0-4 AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Moyle, Naccarato, Nielsen, Raybould, Ring(Roberge), Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail(Young), Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Bradford(Larsen), Eberle, Mitchell, Ridinger Floor Sponsors - Wood & Field(18) Title apvd - to Senate 04/15 Senate intro - 1st rdg - to St Aff 04/16 Rpt out - to 14th Ord 04/17 Rpt out amen w/o rec - to 1st rdg as amen 04/18 1st rdg - to 2nd rdg as amen 04/21 2nd rdg - to 3rd rdg as amen 04/22 To 14th Ord 04/25 Rpt out amen - to 1st rdg as amen 1st rdg - to 2nd rdg as amen Rls susp - PASSED - 26-0-9 AYES -- Andreason, Bailey, Bunderson, Burkett, Calabretta, Cameron, Compton, Darrington, Gannon, Geddes, Hill, Ingram, Kennedy, Little, Lodge, Malepeai, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk NAYS -- None Absent and excused -- Brandt, Burtenshaw, Davis, Goedde, Keough, Marley, McKenzie, McWilliams, Williams Floor Sponsors - Richardson & Bailey Title apvd - to House 04/28 House concurred in Senate amens - to engros Rpt engros - 1st rdg - to 2nd rdg as amen Rls susp - PASSED - 70-0-0 AYES -- Andersen(Guyon), Barraclough(Schanz), Barrett, Bauer, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez(Echohawk), McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato(Riggs), Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd(Buell), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- None Floor Sponsor - Wood Title apvd - to enrol Rpt enrol - Sp signed - Pres signed 04/29 To Governor 05/08 Governor signed Session Law Chapter 369 Effective: 05/08/03
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 415 BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO IDAHO COMMEMORATIVE SILVER COINS; AMENDING CHAPTER 12, TITLE 67, 3 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-1223, IDAHO CODE, TO PRO- 4 VIDE FOR ISSUING A SERIES OF IDAHO COMMEMORATIVE SILVER COINS COMMEMORAT- 5 ING IDAHO HISTORY, PEOPLE OR RESOURCES, TO AUTHORIZE THE STATE TREASURER 6 TO PROVIDE FOR THE PRODUCTION, DISTRIBUTION AND SALE OF COINS, TO DIRECT 7 THAT MONEYS FROM THE SALE OF COINS SHALL BE CREDITED TO THE STATE VETERANS 8 CEMETERY MAINTENANCE FUND, TO PROVIDE FOR COLLABORATION BETWEEN THE STATE 9 TREASURER AND A COMMITTEE OF LEGISLATORS WHEN DETERMINING THE NUMBER OF 10 COINS TO BE ISSUED IN A SERIES, THE NUMBER OF SERIES TO BE ISSUED AND 11 APPROVING COIN DESIGN AND TO PROVIDE THAT THE FIRST SERIES OF COINS SHALL 12 COMMEMORATE "SUPPORT OF IDAHO'S HEROES"; AND AMENDING SECTION 65-107, 13 IDAHO CODE, TO PROVIDE THAT REVENUES FROM THE SALE OF STATE COMMEMORATIVE 14 SILVER COINS SHALL BE DEPOSITED TO THE FUND AND TO PROVIDE FOR TRANSFER OF 15 FUND BALANCES IN EXCESS OF THREE HUNDRED THOUSAND DOLLARS TO THE GENERAL 16 FUND. 17 Be It Enacted by the Legislature of the State of Idaho: 18 SECTION 1. That Chapter 12, Title 67, Idaho Code, be, and the same is 19 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 20 ignated as Section 67-1223, Idaho Code, and to read as follows: 21 67-1223. IDAHO COMMEMORATIVE SILVER COINS ISSUED BY THE STATE TREASURER. 22 (1) The state treasurer is hereby authorized to issue a series of commemora- 23 tive silver coins for sale to the public. Each series shall commemorate Idaho 24 history, people or resources and may bear the great seal of the state of 25 Idaho. Coins shall contain one (1) ounce of fine silver, shall be alloyed to 26 at least ninety percent (90%) fineness, and shall not constitute legal tender. 27 Only mints which have contracted with the state treasurer may produce Idaho 28 commemorative silver coins. Any other production of such coins is a misde- 29 meanor. 30 (2) The state treasurer shall make such arrangements as the state trea- 31 surer considers appropriate for the production, distribution and sale of 32 coins, and shall ensure that all moneys received from the sale of coins are 33 paid into the state treasury and credited to the state veterans cemetery main- 34 tenance fund created in section 65-107, Idaho Code. The revenues shall be used 35 for the purposes designated in section 65-107, Idaho Code. 36 (3) The state treasurer, in collaboration with a committee of legislators 37 comprised of representatives appointed by the speaker of the house of repre- 38 sentatives and senators appointed by the president pro tempore of the senate, 39 shall determine the number of coins to be issued in a series, shall determine 40 the number of series to be issued, and shall approve the design of coin for 41 each series. 42 (4) Coins in the first series issued shall commemorate "Support of 43 Idaho's Heroes" to honor the courage and sacrifice of all Idaho servicemen and 2 1 veterans of the United States armed forces and Idaho military branches of the 2 armed services. 3 SECTION 2. That Section 65-107, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 65-107. VETERANS CEMETERY MAINTENANCE FUND. (1) There is hereby created 6 in the state treasury a fund to be known as the "veterans cemetery mainte- 7 nance fund" to which shall be deposited the revenues derived from the program 8 fees for special veterans motor vehicle license plates as provided in section 9 49-418, Idaho Code, gifts, grants, contributions and bequests to the fund, 10 revenues derived from the sale of state commemorative silver coins as autho- 11 rized in section 67-1223, Idaho Code, and any other moneys as may be provided 12 by law. Interest earned on idle moneys in the veterans cemetery maintenance 13 fund shall be paid to such fund. 14 (2) Benefits paid by the United States department of veterans affairs for 15 burial and plot allowance for persons interred at the state veterans cemetery 16 shall be deposited by the administrator of the division of veterans services 17 as authorized and directed in section 65-202, Idaho Code. 18 (3) Moneys in the fund shall be used exclusively for the purposes of 19 operating, maintaining and acquiring services and personal property for a 20 state veterans cemetery, and moneys shall be continuously appropriated for 21 such purposes. 22 (4) At the end of each fiscal year, any unencumbered balance in the fund 23 in excess of three hundred thousand dollars ($300,000) shall be transferred to 24 the general fund.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003Moved by Richardson Seconded by Bailey IN THE SENATE SENATE AMENDMENTS TO THE SENATE AMENDMENT TO H.B. NO. 415 1 AMENDMENTS TO THE AMENDMENTS TO SECTION 1 2 On page 1 of the printed amendment, delete lines 2 through 11 and insert: 3 "On page 1 of the printed bill, delete lines 21 through 43; on page 2, 4 delete lines 1 and 2, and insert: 5 "67-1223. IDAHO COMMEMORATIVE SILVER MEDALLIONS ISSUED BY THE STATE TREA- 6 SURER. (1) The state treasurer is hereby authorized to issue a series of com- 7 memorative silver medallions for sale to the public. Each series shall commem- 8 orate Idaho history, people or resources and may bear the great seal of the 9 state of Idaho. Medallions shall contain one (1) ounce of fine silver, shall 10 be alloyed to at least ninety percent (90%) fineness, and shall not constitute 11 legal tender. No sales or use tax shall be imposed on the sale or purchase of 12 medallions from the state treasurer or any agent designated by the state trea- 13 surer. Only mints which have contracted with the state treasurer may produce 14 Idaho commemorative silver medallions. Any other production of such medallions 15 is a misdemeanor. 16 (2) The state treasurer shall make such arrangements as the state trea- 17 surer considers appropriate for the production, distribution and sale of 18 medallions, and shall ensure that all moneys received from the sale of 19 medallions are paid into the state treasury and credited to the state veterans 20 cemetery maintenance fund created in section 65-107, Idaho Code. Provided how- 21 ever, the state treasurer is hereby authorized to retain such amounts from the 22 sale of medallions as necessary to repay costs incurred by the state treasurer 23 in shipping and handling medallions. Provided further, if the initial cost to 24 mint a series of medallions is provided by moneys from another state fund, 25 then such other fund shall first be reimbursed for such costs before the 26 remaining revenues are credited to the state veterans cemetery maintenance 27 fund. The revenues shall be used for the purposes designated in section 28 65-107, Idaho Code. 29 (3) The state treasurer, in collaboration with a committee of legislators 30 comprised of representatives appointed by the speaker of the house of repre- 31 sentatives and senators appointed by the president pro tempore of the senate, 32 shall determine the number of medallions to be issued in a series, shall 33 determine the number of series to be issued, and shall approve the design of 34 medallions for each series. 35 (4) The state treasurer, as agent of the state of Idaho, is hereby 36 directed to obtain a federal trademark on the design of each series of 37 medallions issued, and is further authorized, after consultation with the 38 attorney general, to register for a state trademark under chapter 5, title 48, 39 Idaho Code. The design of each series of Idaho commemorative silver medallion 40 is the property of the state of Idaho, and the state of Idaho and the tax- 41 payers shall be deemed to have a trademark on each design. It is the duty of 42 the state treasurer to protect each and every trademark. 43 (a) If a person reproduces a trademark medallion design and distributes 44 any product using any such design for the purpose of direct or indirect 2 1 commercial advantage, the person shall owe to the state treasurer, as the 2 agent of the state of Idaho, a royalty fee in addition to the revenues 3 derived from the sale of products using a medallion design. Any person who 4 reproduces a trademark design and distributes any product with a medallion 5 design in violation of the provisions of this subsection (4), shall be 6 deemed to be an infringer of the state of Idaho's trademark. The state 7 treasurer, through the office of the attorney general, is entitled to 8 institute an action for any infringement of that particular right commit- 9 ted while the state treasurer or his designated agent has custody of the 10 trademark. 11 (b) A court having jurisdiction of a civil action arising under this sub- 12 section (4) may grant such relief as it deems appropriate. At any time 13 while an action under this subsection (4) is pending, the court may order 14 the impounding, on such terms as it deems reasonable, of all products in 15 inventory of the infringer which are in violation of law. 16 (c) An infringer on the state of Idaho's trademark pursuant to this sub- 17 section (4) is liable for any profits the infringer has incurred reproduc- 18 ing a trademark design and distributing products using the design for com- 19 mercial purposes or is liable for statutory damages as provided in para- 20 graph (d) of this subsection (4). 21 (d) The state treasurer, as agent of the trademark owner, may elect, at 22 any time before final judgment is rendered, to recover, instead of actual 23 damages and profits, an award of statutory damages for all infringements 24 involved in the action, with respect to a trademark medallion design for 25 which any one (1) infringer is liable individually, or for which any two 26 (2) or more infringers are liable jointly and severally, in a sum of not 27 less than two hundred fifty dollars ($250) or more than ten thousand dol- 28 lars ($10,000), as the court considers just. 29 (e) In any civil action under this subsection (4), the court may allow 30 the recovery of full costs by or against any party and may also award rea- 31 sonable attorney's fees to the prevailing party as part of the costs. 32 (5) Medallions in the first series issued shall commemorate "Support of 33 Idaho's Heroes" to honor the courage and sacrifice of all Idaho servicemen and 34 veterans of the United States armed forces and Idaho military branches of the 35 armed services.".". 36 AMENDMENTS TO THE AMENDMENT TO SECTION 2 37 On page 1 of the printed amendment, in line 13, following "2," insert: "in 38 line 10, delete "coins" and insert: "medallions"; and". 39 AMENDMENTS TO THE AMENDMENTS TO BILL 40 On page 1, in line 19, delete "COINS" and insert: "MEDALLIONS"; in line 41 21, delete "coins" and insert: "medallions"; and in line 23, delete "coins" 42 and insert: "medallions". 43 CORRECTION TO CORRECTION TO TITLE 44 On page 1 of the printed amendment, delete lines 32 through 38; on page 2, 45 delete line 1 and insert: 46 "On page 1, delete lines 2 through 16 and insert: 47 "RELATING TO IDAHO COMMEMORATIVE SILVER MEDALLIONS; AMENDING CHAPTER 36, TITLE 48 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 63-3622PP, IDAHO CODE, TO 49 PROVIDE THAT SALES AND PURCHASES OF IDAHO COMMEMORATIVE SILVER MEDALLIONS 50 ARE NOT SUBJECT TO SALES OR USE TAX; AMENDING CHAPTER 12, TITLE 67, IDAHO 51 CODE, BY THE ADDITION OF A NEW SECTION 67-1223, IDAHO CODE, TO PROVIDE FOR 52 ISSUING A SERIES OF IDAHO COMMEMORATIVE SILVER MEDALLIONS COMMEMORATING 3 1 IDAHO HISTORY, PEOPLE OR RESOURCES, TO AUTHORIZE THE STATE TREASURER TO 2 PROVIDE FOR THE PRODUCTION, DISTRIBUTION AND SALE OF MEDALLIONS, TO DIRECT 3 THAT MONEYS FROM THE SALE OF MEDALLIONS SHALL BE CREDITED TO THE STATE 4 VETERANS CEMETERY MAINTENANCE FUND AFTER COSTS OF SHIPPING AND HANDLING 5 HAVE BEEN REIMBURSED TO THE STATE TREASURER AND IF APPLICABLE, AFTER COSTS 6 OF MINTING HAVE BEEN REIMBURSED, TO PROVIDE FOR COLLABORATION BETWEEN THE 7 STATE TREASURER AND A COMMITTEE OF LEGISLATORS WHEN DETERMINING THE NUMBER 8 OF MEDALLIONS TO BE ISSUED IN A SERIES, THE NUMBER OF SERIES TO BE ISSUED 9 AND APPROVING MEDALLION DESIGN, TO DIRECT THE STATE TREASURER TO OBTAIN A 10 FEDERAL TRADEMARK FOR EACH MEDALLION DESIGN AND TO PROVIDE FOR PROTECTION 11 OF TRADEMARKS AND TO PROVIDE THAT THE FIRST SERIES OF MEDALLIONS SHALL 12 COMMEMORATE "SUPPORT OF IDAHO'S HEROES"; AMENDING SECTION 65-107, IDAHO 13 CODE, TO PROVIDE THAT REVENUES FROM THE SALE OF STATE COMMEMORATIVE SILVER 14 MEDALLIONS SHALL BE DEPOSITED TO THE STATE VETERANS CEMETERY MAINTENANCE 15 FUND; AND DECLARING AN EMERGENCY.".".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 415, As Amended in the Senate, As Amended in the Senate BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO IDAHO COMMEMORATIVE SILVER MEDALLIONS; AMENDING CHAPTER 36, TITLE 3 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 63-3622PP, IDAHO CODE, TO 4 PROVIDE THAT SALES AND PURCHASES OF IDAHO COMMEMORATIVE SILVER MEDALLIONS 5 ARE NOT SUBJECT TO SALES OR USE TAX; AMENDING CHAPTER 12, TITLE 67, IDAHO 6 CODE, BY THE ADDITION OF A NEW SECTION 67-1223, IDAHO CODE, TO PROVIDE FOR 7 ISSUING A SERIES OF IDAHO COMMEMORATIVE SILVER MEDALLIONS COMMEMORATING 8 IDAHO HISTORY, PEOPLE OR RESOURCES, TO AUTHORIZE THE STATE TREASURER TO 9 PROVIDE FOR THE PRODUCTION, DISTRIBUTION AND SALE OF MEDALLIONS, TO DIRECT 10 THAT MONEYS FROM THE SALE OF MEDALLIONS SHALL BE CREDITED TO THE STATE 11 VETERANS CEMETERY MAINTENANCE FUND AFTER COSTS OF SHIPPING AND HANDLING 12 HAVE BEEN REIMBURSED TO THE STATE TREASURER AND IF APPLICABLE, AFTER COSTS 13 OF MINTING HAVE BEEN REIMBURSED, TO PROVIDE FOR COLLABORATION BETWEEN THE 14 STATE TREASURER AND A COMMITTEE OF LEGISLATORS WHEN DETERMINING THE NUMBER 15 OF MEDALLIONS TO BE ISSUED IN A SERIES, THE NUMBER OF SERIES TO BE ISSUED 16 AND APPROVING MEDALLION DESIGN, TO DIRECT THE STATE TREASURER TO OBTAIN A 17 FEDERAL TRADEMARK FOR EACH MEDALLION DESIGN AND TO PROVIDE FOR PROTECTION 18 OF TRADEMARKS AND TO PROVIDE THAT THE FIRST SERIES OF MEDALLIONS SHALL 19 COMMEMORATE "SUPPORT OF IDAHO'S HEROES"; AMENDING SECTION 65-107, IDAHO 20 CODE, TO PROVIDE THAT REVENUES FROM THE SALE OF STATE COMMEMORATIVE SILVER 21 MEDALLIONS SHALL BE DEPOSITED TO THE STATE VETERANS CEMETERY MAINTENANCE 22 FUND; AND DECLARING AN EMERGENCY. 23 Be It Enacted by the Legislature of the State of Idaho: 24 SECTION 1. That Chapter 36, Title 63, Idaho Code, be, and the same is 25 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 26 ignated as Section 63-3622PP, Idaho Code, and to read as follows: 27 63-3622PP. IDAHO COMMEMORATIVE SILVER MEDALLIONS. There is hereby 28 exempted from the taxes imposed by this chapter the sale or purchase of Idaho 29 commemorative silver medallions through the office of the treasurer of the 30 state of Idaho or through agents designated by the state treasurer pursuant to 31 the issuance of Idaho commemorative silver medallions authorized in section 32 67-1223, Idaho Code. 33 SECTION 2. That Chapter 12, Title 67, Idaho Code, be, and the same is 34 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 35 ignated as Section 67-1223, Idaho Code, and to read as follows: 36 67-1223. IDAHO COMMEMORATIVE SILVER MEDALLIONS ISSUED BY THE STATE TREA- 37 SURER. (1) The state treasurer is hereby authorized to issue a series of com- 38 memorative silver medallions for sale to the public. Each series shall commem- 39 orate Idaho history, people or resources and may bear the great seal of the 40 state of Idaho. Medallions shall contain one (1) ounce of fine silver, shall 41 be alloyed to at least ninety percent (90%) fineness, and shall not constitute 2 1 legal tender. No sales or use tax shall be imposed on the sale or purchase of 2 medallions from the state treasurer or any agent designated by the state trea- 3 surer. Only mints which have contracted with the state treasurer may produce 4 Idaho commemorative silver medallions. Any other production of such medallions 5 is a misdemeanor. 6 (2) The state treasurer shall make such arrangements as the state trea- 7 surer considers appropriate for the production, distribution and sale of 8 medallions, and shall ensure that all moneys received from the sale of 9 medallions are paid into the state treasury and credited to the state veterans 10 cemetery maintenance fund created in section 65-107, Idaho Code. Provided how- 11 ever, the state treasurer is hereby authorized to retain such amounts from the 12 sale of medallions as necessary to repay costs incurred by the state treasurer 13 in shipping and handling medallions. Provided further, if the initial cost to 14 mint a series of medallions is provided by moneys from another state fund, 15 then such other fund shall first be reimbursed for such costs before the 16 remaining revenues are credited to the state veterans cemetery maintenance 17 fund. The revenues shall be used for the purposes designated in section 18 65-107, Idaho Code. 19 (3) The state treasurer, in collaboration with a committee of legislators 20 comprised of representatives appointed by the speaker of the house of repre- 21 sentatives and senators appointed by the president pro tempore of the senate, 22 shall determine the number of medallions to be issued in a series, shall 23 determine the number of series to be issued, and shall approve the design of 24 medallions for each series. 25 (4) The state treasurer, as agent of the state of Idaho, is hereby 26 directed to obtain a federal trademark on the design of each series of 27 medallions issued, and is further authorized, after consultation with the 28 attorney general, to register for a state trademark under chapter 5, title 48, 29 Idaho Code. The design of each series of Idaho commemorative silver medallions 30 is the property of the state of Idaho, and the state of Idaho and the tax- 31 payers shall be deemed to have a trademark on each design. It is the duty of 32 the state treasurer to protect each and every trademark. 33 (a) If a person reproduces a trademark medallion design and distributes 34 any product using any such design for the purpose of direct or indirect 35 commercial advantage, the person shall owe to the state treasurer, as the 36 agent of the state of Idaho, a royalty fee in addition to the revenues 37 derived from the sale of products using a medallion design. Any person who 38 reproduces a trademark design and distributes any product with a medallion 39 design in violation of the provisions of this subsection (4), shall be 40 deemed to be an infringer of the state of Idaho's trademark. The state 41 treasurer, through the office of the attorney general, is entitled to 42 institute an action for any infringement of that particular right commit- 43 ted while the state treasurer or his designated agent has custody of the 44 trademark. 45 (b) A court having jurisdiction of a civil action arising under this sub- 46 section (4) may grant such relief as it deems appropriate. At any time 47 while an action under this subsection (4) is pending, the court may order 48 the impounding, on such terms as it deems reasonable, of all products in 49 inventory of the infringer which are in violation of law. 50 (c) An infringer on the state of Idaho's trademark pursuant to this sub- 51 section (4) is liable for any profits the infringer has incurred reproduc- 52 ing a trademark design and distributing products using the design for com- 53 mercial purposes or is liable for statutory damages as provided in para- 54 graph (d) of this subsection (4). 55 (d) The state treasurer, as agent of the trademark owner, may elect, at 3 1 any time before final judgment is rendered, to recover, instead of actual 2 damages and profits, an award of statutory damages for all infringements 3 involved in the action, with respect to a trademark medallion design for 4 which any one (1) infringer is liable individually, or for which any two 5 (2) or more infringers are liable jointly and severally, in a sum of not 6 less than two hundred fifty dollars ($250) or more than ten thousand dol- 7 lars ($10,000), as the court considers just. 8 (e) In any civil action under this subsection (4), the court may allow 9 the recovery of full costs by or against any party and may also award rea- 10 sonable attorney's fees to the prevailing party as part of the costs. 11 (5) Medallions in the first series issued shall commemorate "Support of 12 Idaho's Heroes" to honor the courage and sacrifice of all Idaho servicemen and 13 veterans of the United States armed forces and Idaho military branches of the 14 armed services. 15 SECTION 3. That Section 65-107, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 65-107. VETERANS CEMETERY MAINTENANCE FUND. (1) There is hereby created 18 in the state treasury a fund to be known as the "veterans cemetery maintenance 19 fund" to which shall be deposited the revenues derived from the program fees 20 for special veterans motor vehicle license plates as provided in section 21 49-418, Idaho Code, gifts, grants, contributions and bequests to the fund, 22 revenues derived from the sale of state commemorative silver medallions as 23 authorized in section 67-1223, Idaho Code, and any other moneys as may be pro- 24 vided by law. Interest earned on idle moneys in the veterans cemetery mainte- 25 nance fund shall be paid to such fund. 26 (2) Benefits paid by the United States department of veterans affairs for 27 burial and plot allowance for persons interred at the state veterans cemetery 28 shall be deposited by the administrator of the division of veterans services 29 as authorized and directed in section 65-202, Idaho Code. 30 (3) Moneys in the fund shall be used exclusively for the purposes of 31 operating, maintaining and acquiring services and personal property for a 32 state veterans cemetery, and moneys shall be continuously appropriated for 33 such purposes. 34 SECTION 4. An emergency existing therefor, which emergency is hereby 35 declared to exist, this act shall be in full force and effect on and after its 36 passage and approval.
STATEMENT OF PURPOSE RS 13291 Relating to Idaho Commemorative Silver Coins: Provides for the State Treasurer to oversee the production, distribution and sale of the coins, to direct that moneys from the sale of coins shall be credited to the State Veterans Cemetery Maintenance Fund, to provide for collaboration between the State Treasurer and a committee of legislators in determining numbers issued and coin designs. The first in the series shall commemorate support of Idaho's military heroes. FISCAL IMPACT An appropriation from the Joint Finance and Appropriations Committee shall be issued to pay for the first casting in the amount of $80,000, which will be reimbursed to the General Fund from sales of the medallion. Sponsored by the 57th Idaho Legislature. Contact Name: Representative JoAn Wood Representative Lenore Barrett Representative Debbie Field Representative Hilde Kellogg Representative Mary Lou Shepherd Senator Robert Geddes Phone: (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 415