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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 - 2003
IN 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 - 2003
Moved 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 - 2003
IN 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