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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 incurred. 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
]]]] 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 2 RELATING TO IDAHO COMMEMORATIVE SILVER MEDALLIONS; AMENDING SECTION 67-1223, 3 IDAHO CODE, TO AUTHORIZE THE STATE TREASURER TO MAKE ARRANGEMENTS FOR THE 4 PROMOTION OF MEDALLIONS AND TO RETAIN AMOUNTS FROM THE SALE OF MEDALLIONS 5 AS NECESSARY TO REPAY THE STATE TREASURER FOR PROMOTION COSTS INCURRED; 6 AND DECLARING AN EMERGENCY. 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: 10 67-1223. IDAHO COMMEMORATIVE SILVER MEDALLIONS ISSUED BY THE STATE TREA- 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, 2 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 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 Fund. 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. Contact Name: Rep. JoAn Wood Phone: (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 845