2006 Legislation
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HOUSE BILL NO. 454 – Winery/ship to ID residents/permit

HOUSE BILL NO. 454

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Bill Status



H0454......................................................by STATE AFFAIRS
WINERIES - Amends existing law to provide that wineries that sell and ship
to Idaho residents must obtain a permit, pay taxes and comply with
specified shipping requirements; to provide for procedures and rules and
exchange of information between the Idaho State Police and the State Tax
Commission; and to provide for imposition of the wine excise tax upon all
wines sold and shipped directly to Idaho state residents by an out-of-state
wine manufacturer holding a wine direct shipper permit.
                                                                        
01/24    House intro - 1st rdg - to printing
01/25    Rpt prt - to St Aff
02/07    Rpt out - rec d/p - to 2nd rdg
02/08    2nd rdg - to 3rd rdg
02/09    Ref'd to Rev/Tax
02/13    Rpt out - rec d/p - to 3rd rdg
02/15    3rd rdg - PASSED - 62-0-8
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
      Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon,
      Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart(Jacobson), Harwood, Henbest,
      Henderson, Jaquet, Kemp, Lake, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Moyle, Nielsen, Nonini, Pasley-Stuart,
      Pence, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer,
      Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24),
      Smylie, Snodgrass, Stevenson, Trail, Wills
      NAYS -- None
      Absent and excused -- Bedke, Black, LeFavour, Mitchell, Raybould,
      Sali, Wood, Mr. Speaker
    Floor Sponsor - Deal
    Title apvd - to Senate
02/16    Senate intro - 1st rdg - to St Aff
02/20    Rpt out - rec d/p - to 2nd rdg
02/21    2nd rdg - to 3rd rdg
03/02    3rd rdg - PASSED - 32-1-2
      AYES -- Andreason, Brandt, Broadsword, Burkett, Burtenshaw, Cameron,
      Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Stegner,
      Stennett, Sweet, Werk
      NAYS -- Schroeder
      Absent and excused -- Bunderson, Williams
    Floor Sponsors - Lodge & Stennett
    Title apvd - to House
03/03    To enrol
03/06    Rpt enrol - Sp signed
03/07    Pres signed
03/08    To Governor
03/11    Governor signed
         Session Law Chapter 29
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 454
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE DIRECT TO CONSUMER SALE AND  SHIPMENT  OF  WINE  BY  WINERIES;
  3        AMENDING  SECTION 23-1309A, IDAHO CODE, TO PROVIDE THAT WINERIES THAT SELL
  4        AND SHIP TO IDAHO RESIDENTS MUST OBTAIN A PERMIT,  PAY  TAXES  AND  COMPLY
  5        WITH  SPECIFIED  SHIPPING  REQUIREMENTS  AND TO PROVIDE FOR PROCEDURES AND
  6        RULES AND THE EXCHANGE OF INFORMATION BETWEEN THE  STATE  POLICE  AND  THE
  7        STATE TAX COMMISSION; AND AMENDING SECTION 23-1319, IDAHO CODE, TO PROVIDE
  8        FOR  IMPOSITION OF THE EXCISE TAX UPON ALL WINES SOLD AND SHIPPED DIRECTLY
  9        TO IDAHO STATE RESIDENTS BY AN OUT-OF-STATE WINE  MANUFACTURER  HOLDING  A
 10        WINE DIRECT SHIPPER PERMIT AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION  1.  That Section 23-1309A, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        23-1309A.  RECIPROCAL INTERSTATE SHIPMENT AND RECEIPT OF  WINE  AUTHORIZED
 15    --  LABELING  REQUIREMENT.  (1)  Any  resident  of  this state who is at least
 16    twenty-one (21) years of age is entitled to receive  not  more  than  two  (2)
 17    cases  of  wine  per month for personal use, containing not more than nine (9)
 18    liters per case, from another state without payment  of  state  tax,  fees  or
 19    charges  if  the  state  from  which  the wine is sent allows its residents to
 20    receive wine from this state without imposition of state tax, fees or charges.
 21    For tax purposes, receipt of a shipment into this state under this  subsection
 22    shall  not  be  considered  to  constitute a sale in this state. No person who
 23    transports wine pursuant to this subsection shall deliver more  than  two  (2)
 24    cases of wine to the same address at one (1) time. No person who receives wine
 25    pursuant  to  this subsection shall resell any of the wine Notwithstanding any
 26    other provision of law, rule or regulation to the contrary, any  holder  of  a
 27    winery  license  under  section  23-1306,  Idaho Code, or any person holding a
 28    license to manufacture wine in another state who obtains a wine direct shipper
 29    permit pursuant to this section may sell and ship up to twenty-four (24) nine-
 30    liter cases of wine annually directly to a resident of Idaho, who is at  least
 31    twenty-one  (21)  years  of  age,  for the resident's personal use and not for
 32    resale.
 33        (2)  Before sending any shipment to a resident of Idaho, the  wine  direct
 34    shipper permit holder must:
 35        (a)  File an application with the director;
 36        (b)  Pay  a fifty dollar ($50.00) annual registration fee if the winery is
 37        not currently licensed by the director;
 38        (c)  Provide the director its Idaho winery license number or a  true  copy
 39        of its current alcoholic beverage license issued by another state;
 40        (d)  Obtain from the director a wine direct shipper permit;
 41        (e)  Register  with  the state tax commission for the payment of sales and
 42        use taxes and excise taxes on wine sold to residents of  Idaho  under  the
 43        wine direct shipper permit.
                                                                        
                                           2
                                                                        
  1        (3)  A  wine  direct shipper permit authorizes the permit holder to do all
  2    of the following:
  3        (a)  Sell and ship not more than twenty-four (24) nine-liter cases of wine
  4        annually to any person twenty-one (21) years of age or older  for  his  or
  5        her personal use and not for resale;
  6        (b)  Ship  wine  directly  to  a resident in this state only in compliance
  7        with subsections (8) and (9) of this section;
  8        (c)  Report to the director, no later than January 31 of  each  year,  the
  9        total  amount of wine shipped during the preceding calendar year under the
 10        wine direct shipper permit;
 11        (d)  If the permit holder is located outside this state, pay to the  state
 12        tax commission all sales and use taxes, and excise taxes on sales to resi-
 13        dents  of Idaho under the wine direct shipper permit.  For excise tax pur-
 14        poses, all wine sold pursuant to a direct shipper permit shall  be  deemed
 15        to be wine sold in this state;
 16        (e)  Permit  the director and the state tax commission to perform an audit
 17        of the wine direct shipper permit holder's records upon request;
 18        (f)  Be deemed to have consented to the jurisdiction of the alcohol bever-
 19        age control division of the Idaho state police, or any other state  agency
 20        and  the  Idaho  courts  concerning  enforcement  of  this section and any
 21        related laws, rules or regulations.
 22        (4)  A wine direct shipper permit holder located  outside  the  state  may
 23    annually  renew  its  permit  with the director by paying a twenty-five dollar
 24    ($25.00) renewal fee and providing the director a true  copy  of  its  current
 25    alcoholic  beverage  license  issued  in another state.  A wine direct shipper
 26    permit holder located in Idaho shall renew its wine direct shipper  permit  in
 27    conjunction  with  its  license to manufacture wine. All registration fees and
 28    renewal fees shall be shared equally by the state police  and  the  state  tax
 29    commission.
 30        (5)  The director may enforce the requirements of this section by adminis-
 31    trative proceedings or suspend or revoke a wine direct shipper permit, and the
 32    director  may  accept payment of an offer in compromise in lieu of suspension,
 33    such payments to be determined by rule promulgated by the director.
 34        (6)  Sales and shipments of wine directly to consumers in Idaho from  wine
 35    manufacturers  in  Idaho or in another state who do not possess a current wine
 36    direct shipper permit are prohibited. Any person who knowingly  makes  such  a
 37    shipment is guilty of a misdemeanor.
 38        (7)  A  licensee  who holds a license for the retail sale of wine for con-
 39    sumption off the licensed premises may ship not more than  two  (2)  cases  of
 40    wine,  containing  not  more  than nine (9) liters per case, per shipment, for
 41    personal use and not for resale, directly to a resident of  another  state  if
 42    the  state to which the wine is sent allows residents of this state to receive
 43    wine sent from that state without payment of additional  state  tax,  fees  or
 44    charges.  The sale shall be considered to have occurred in this state.
 45        (38)  The  shipping  container  of any wine sent into or out of this state
 46    shipped under this section must be clearly labeled to indicate that  the  con-
 47    tainer contains alcoholic beverages and cannot be delivered to a person who is
 48    not at least twenty-one (21) years of age.
 49        (49)  For  the  purposes of out-of-state shipments wine shipped under this
 50    section to an Idaho resident, the delivery person shall:
 51        (a)  Have the person who receives the wine shipment sign for it; and
 52        (b)  Not make deliveries to anyone who is under twenty-one (21)  years  of
 53        age or to anyone who is visibly intoxicated; and
 54        (c)  Keep the signature record for one (1) year.
 55        (510) Sales authorized under this section are sales made by a retailer who
                                                                        
                                           3
                                                                        
  1    is  not  authorized to sell at wholesale or sales by a winery of wine produced
  2    or bottled by the winery.
  3        (11) The director and the state tax commission  may  promulgate  rules  to
  4    effectuate  the purposes of this section and are authorized to exchange neces-
  5    sary information to implement the provisions of this section.
                                                                        
                                                                        
  6        SECTION 2.  That Section 23-1319, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        23-1319.  EXCISE  TAX  --  SALES  INCLUDED  --  REFUND FOR EXPORT SALES --
  9    REFUND FOR BREAKAGE OR SPOILAGE -- DISTRIBUTION OF  REVENUE.  Upon  all  wines
 10    sold  by  a distributor or winery to a retailer or consumer and upon all wines
 11    sold and shipped directly to Idaho state residents  by  an  out-of-state  wine
 12    manufacturer  holding  a  wine  direct  shipper permit under section 23-1309A,
 13    Idaho Code, for use within the state of Idaho pursuant  to  this  act  chapter
 14    there  is  hereby  imposed an excise tax of forty-five cents (45¢) per gallon.
 15    Sales of wine by a distributor or winery for the purpose of and  resulting  in
 16    export  of  wine from this state for resale outside this state shall be exempt
 17    from the taxes on wine imposed by this chapter.
 18        (a)  Every sale of wine by a distributor to a retailer shall constitute  a
 19    sale of wine for resale or consumption in this state, whether the sale is made
 20    within or without this state, and the distributor shall be liable for the pay-
 21    ment  of taxes. In every transfer of wine by a licensed winery to its licensed
 22    retail outlet, the winery shall be liable for payment of taxes.
 23        (b)  When wine has been destroyed by breakage or has spoiled or  otherwise
 24    become  unfit  for beverage purposes prior to payment of taxes on it, the dis-
 25    tributor, upon satisfactory proof of destruction or spoilage, shall  be  enti-
 26    tled  to  deduct from existing inventories, subject to tax, the amount of wine
 27    so destroyed or spoiled.
 28        (c)  If the tax commission determines that any amount due under this chap-
 29    ter has been paid more than once or has been  erroneously  or  illegally  col-
 30    lected  or  computed,  the commission shall set forth that fact in its records
 31    and the excess amount paid or collected may be credited on any amount then due
 32    and payable to the commission from that person and any balance refunded to the
 33    person by whom it was paid or to his successors, administrators or  executors.
 34    The  commission is authorized and the state board of tax appeals is authorized
 35    to order the commission in proper cases  to  credit  or  refund  such  amounts
 36    whether  or  not  the  payments  have  been made under protest and certify the
 37    refund to the state board of examiners.
 38        (d)  No credit or refund shall be allowed or made after  three  (3)  years
 39    from  the  time  the  payment  was  made, unless before the expiration of that
 40    period a claim is filed by the taxpayer. The three (3) year period allowed  by
 41    this  subsection  for making refunds or credit claims shall not apply in cases
 42    where the tax commission asserts a deficiency of tax imposed by law, and  tax-
 43    payers desiring to appeal or otherwise seek a refund of amounts paid in obedi-
 44    ence to deficiencies must do so within the time limits elsewhere prescribed by
 45    law.
 46        (e)  All revenue received pursuant to this chapter shall be distributed as
 47    follows:
 48        (1)  An  amount  of money shall be distributed to the state refund account
 49        sufficient to pay current refund claims as authorized in subsection (c) of
 50        this section and those moneys are continuously appropriated.
 51        (2)  The balance remaining after distributing the amount in paragraph  (1)
 52        of this subsection shall be distributed as follows:
                                                                        
                                           4
                                                                        
  1             (i)   Twelve  percent  (12%)  shall  be distributed to the alcoholism
  2             treatment account;
  3             (ii)  Five percent (5%) shall be distributed to the Idaho grape grow-
  4             ers and wine producers commission account; and
  5             (iii) The remainder shall be distributed to the general account.
  6        (f)  Any person who is not a distributor or winery but who makes,  whether
  7    as  principal,  agent  or  broker, any sales of wine not otherwise taxed under
  8    this section and not exempt from such tax, shall  be  liable  for  payment  of
  9    taxes  imposed  by  this section. This subsection shall not impose tax on wine
 10    sold pursuant to section 23-1336, Idaho Code.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 15478C1

     In a recent United States Supreme Court ruling requiring
equal treatment of in-state and out-of-state wineries in the
direct shipment of wine to consumers, Idaho's law needs to be
changed to a permit state from a reciprocal state.
     This change would be equally beneficial to Idaho wineries as
to out-of-state wineries.  This proposal will establish a permit
system that applies the same rules to all wineries, regardless of
location.
     This proposal would increase the collection of sales and
excise taxes on wine shipped to Idaho consumers and establish
greater public safeguards to prevent wine shipments to minors. 
It also will create a licensing requirement and fee to support
oversight of wine shipments.  This will also eliminate the
potential for a legal challenge to our existing law.


                          FISCAL NOTE

     Potentially, a positive impact to the general fund through
additional license fees and excise and sales tax revenues will be
realized.

                         


Contact
Name:     Roger Seiber, Wine Institute 
Phone:    (208) 342-8900



STATEMENT OF PURPOSE/FISCAL NOTE                         H 454