2004 Legislation
Print Friendly

HOUSE BILL NO. 845 – Silver medallions, promotion


View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status

H0845.....................................................by WAYS AND MEANS
SILVER MEDALLIONS - Amends existing law relating to Idaho commemorative
silver medallions to authorize the State Treasurer to make arrangements for
the promotion of medallions and to retain amounts from the sale of
medallions as necessary to repay the State Treasurer for promotion costs
03/19    House intro - 1st rdg - to printing
    Rpt prt - to 2nd rdg
    Rls susp - PASSED - 60-0-10
      AYES -- Andersen, Barraclough, Barrett, Bayer, Bedke, Bell, Black,
      Block, Boe, Bolz, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney,
      Douglas, Eberle, Ellsworth, Eskridge, Field(18), Field(23), Gagner,
      Garrett, Henbest, Jaquet, Kellogg, Kulczyk, Lake, Langford,
      Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,
      Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ring, Ringo,
      Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,
      Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Wills, Wood
      NAYS -- None
      Absent and excused -- Bauer, Bradford, Campbell, Edmunson, Harwood,
      Jones, Ridinger, Smith(24), Trail, Mr. Speaker
    Floor Sponsor - Wood
    Title apvd - to Senate
03/19    Senate intro - 1st rdg - to St Aff
03/20    Rpt out - rec d/p - to 2nd rdg
    Rls susp - PASSED - 32-0-3
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Marley,
      McKenzie, McWilliams, Noh, Pearce, Richardson, Schroeder, Sorensen,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Burtenshaw, Malepeai, Noble
    Floor Sponsor - Bailey
    Title apvd - to House
03/22    To enrol - Rpt enrol - Sp signed - Pres signed
    To Governor
03/23    Governor signed
         Session Law Chapter 292
         Effective: 03/23/04

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 845
                                BY WAYS AND MEANS COMMITTEE
  1                                        AN ACT
  7    Be It Enacted by the Legislature of the State of Idaho:
  8        SECTION 1.  That Section 67-1223, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
 11    SURER. (1) The state treasurer is hereby authorized to issue a series of  com-
 12    memorative silver medallions for sale to the public. Each series shall commem-
 13    orate  Idaho  history,  people or resources and may bear the great seal of the
 14    state of Idaho. Medallions shall contain one (1) ounce of fine  silver,  shall
 15    be alloyed to at least ninety percent (90%) fineness, and shall not constitute
 16    legal  tender. No sales or use tax shall be imposed on the sale or purchase of
 17    medallions from the state treasurer or any agent designated by the state trea-
 18    surer. Only mints which have contracted with the state treasurer  may  produce
 19    Idaho commemorative silver medallions. Any other production of such medallions
 20    is a misdemeanor.
 21        (2)  The  state  treasurer shall make such arrangements as the state trea-
 22    surer considers appropriate for the production,  promotion,  distribution  and
 23    sale of medallions, and shall ensure that all moneys received from the sale of
 24    medallions are paid into the state treasury and credited to the state veterans
 25    cemetery maintenance fund created in section 65-107, Idaho Code. Provided how-
 26    ever, the state treasurer is hereby authorized to retain such amounts from the
 27    sale of medallions as necessary to repay costs incurred by the state treasurer
 28    in  the  promotion,  shipping and handling of medallions. Provided further, if
 29    the initial cost to mint a series of medallions is  provided  by  moneys  from
 30    another  state  fund,  then such other fund shall first be reimbursed for such
 31    costs before the remaining revenues are credited to the state  veterans  ceme-
 32    tery  maintenance fund. The revenues shall be used for the purposes designated
 33    in section 65-107, Idaho Code.
 34        (3)  The state treasurer, in collaboration with a committee of legislators
 35    comprised of representatives appointed by the speaker of the house  of  repre-
 36    sentatives  and senators appointed by the president pro tempore of the senate,
 37    shall determine the number of medallions to  be  issued  in  a  series,  shall
 38    determine  the  number of series to be issued, and shall approve the design of
 39    medallions for each series.
 40        (4)  The state treasurer, as agent  of  the  state  of  Idaho,  is  hereby
 41    directed  to  obtain  a  federal  trademark  on  the  design of each series of
 42    medallions issued, and is further  authorized,  after  consultation  with  the
 43    attorney general, to register for a state trademark under chapter 5, title 48,
  1    Idaho Code. The design of each series of Idaho commemorative silver medallions
  2    is  the  property  of  the state of Idaho, and the state of Idaho and the tax-
  3    payers shall be deemed to have a trademark on each design. It is the  duty  of
  4    the state treasurer to protect each and every trademark.
  5        (a)  If  a  person reproduces a trademark medallion design and distributes
  6        any product using any such design for the purpose of  direct  or  indirect
  7        commercial  advantage, the person shall owe to the state treasurer, as the
  8        agent of the state of Idaho, a royalty fee in  addition  to  the  revenues
  9        derived  from  the  sale of products using a medallion  design. Any person
 10        who reproduces a trademark design  and  distributes  any  product  with  a
 11        medallion  design  in  violation of the provisions of this subsection (4),
 12        shall be deemed to be an infringer of the state of Idaho's trademark.  The
 13        state  treasurer,  through the office of the attorney general, is entitled
 14        to institute an action for any infringement of that particular right  com-
 15        mitted  while  the  state treasurer or his designated agent has custody of
 16        the trademark.
 17        (b)  A court having jurisdiction of a civil action arising under this sub-
 18        section (4) may grant such relief as it deems  appropriate.  At  any  time
 19        while  an action under this subsection (4) is pending, the court may order
 20        the impounding, on such terms as it deems reasonable, of all  products  in
 21        inventory of the infringer which are in violation of law.
 22        (c)  An  infringer on the state of Idaho's trademark pursuant to this sub-
 23        section (4) is liable for any profits the infringer has incurred reproduc-
 24        ing a trademark design and distributing products using the design for com-
 25        mercial purposes or is liable for statutory damages as provided  in  para-
 26        graph (d) of this subsection (4).
 27        (d)  The  state  treasurer, as agent of the trademark owner, may elect, at
 28        any time before final judgment is rendered, to recover, instead of  actual
 29        damages  and  profits, an award of statutory damages for all infringements
 30        involved in the action, with respect to a trademark medallion  design  for
 31        which  any  one (1) infringer is liable individually, or for which any two
 32        (2) or more infringers are liable jointly and severally, in a sum  of  not
 33        less  than two hundred fifty dollars ($250) or more than ten thousand dol-
 34        lars ($10,000), as the court considers just.
 35        (e)  In any civil action under this subsection (4), the  court  may  allow
 36        the recovery of full costs by or against any party and may also award rea-
 37        sonable attorney's fees to the prevailing party as part of the costs.
 38        (5)  Medallions  in  the first series issued shall commemorate "Support of
 39    Idaho's Heroes" to honor the courage and sacrifice of all Idaho servicemen and
 40    veterans of the United States armed forces and Idaho military branches of  the
 41    armed services.
 42        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 43    declared to exist, this act shall be in full force and effect on and after its
 44    passage and approval.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                             RS 14290

This bill authorizes the Treasurer to promote the sale of silver
medallions and to deduct the costs of promotion from the monies
paid by purchase of the silver medallions prior to transmission
of the revenue from sales to the Veterans Cemetery Maintenance

                          FISCAL IMPACT

The Treasurer received an appropriation for FY 2003 and 2004
providing the costs for the initial series of silver medallions.
These costs are to be reimbursed to the General Fund from the
revenue from medallion sales.

Name: Rep. JoAn Wood 
Phone: (208) 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                       H 845