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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