2003 Legislation
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HOUSE BILL NO. 415 – Idaho silver medallion

HOUSE BILL NO. 415

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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

Bill Text


                                                                        
                                                                        
  ||||              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.

Amendment


                                                                        
                                                                        
  ||||              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.".".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              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 / Fiscal Impact



                       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