Print Friendly HOUSE BILL NO. 621 – Tobacco, stamping agent, definition
HOUSE BILL NO. 621
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.
H0621......................................................by STATE AFFAIRS
IDAHO TOBACCO MASTER SETTLEMENT AGREEMENT - Amends existing law relating to
the Idaho Tobacco Master Settlement Agreement Complementary Act to revise
the definition of "stamping agent" to mean a person who is authorized to
wholesale cigarettes or who is required to affix tax stamps to packages or
other containers of cigarettes, as well as any person who pays a tobacco
products tax on "roll your own" tobacco.
02/09 House intro - 1st rdg - to printing
02/10 Rpt prt - to St Aff
02/22 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 62-1-7
AYES -- Andrus, Barraclough, Barrett, Bastian, Bedke, Bell, Bilbao,
Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Garrett, Hart, Harwood, Henderson, Jaquet, Kemp, Lake,
LeFavour, Loertscher, Martinez, Mathews, McGeachin, Miller, Mitchell,
Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo,
Rusche, Rydalch, Sali(Sali), Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
Snodgrass, Stevenson, Wills, Wood, Mr. Speaker
NAYS -- McKague
Absent and excused -- Anderson, Bayer, Brackett, Crow, Henbest,
Floor Sponsor - Edmunson
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to St Aff
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 34-0-1
AYES -- Andreason(Hatch), Brandt, Broadsword, Bunderson, 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, Schroeder, Stegner, Stennett, Werk, Williams
NAYS -- None
Absent and excused -- Sweet
Floor Sponsor - Little
Title apvd - to House
03/10 To enrol
03/13 Rpt enrol - Sp signed
03/14 Pres signed
03/15 To Governor
03/15 Governor signed
Session Law Chapter 74
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 621
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT;
3 AMENDING SECTION 39-8402, IDAHO CODE, TO REVISE THE DEFINITION OF
4 "STAMPING AGENT" AND TO MAKE TECHNICAL CORRECTIONS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 39-8402, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 39-8402. DEFINITIONS. (1) "Brand family" means all styles of cigarettes
9 sold under the same trademark and differentiated from one another by means of
10 additional modifiers or descriptors including, but not limited to, "menthol,"
11 "lights," "kings," and "100s," and includes any brand name (alone or in con-
12 junction with any other word), trademark, logo, symbol, motto, selling mes-
13 sage, recognizable pattern of colors, or any other indicia of product identi-
14 fication identical or similar to, or identifiable with, a previously known
15 brand of cigarettes.
16 (2) "Cigarette" has the same meaning as that term is defined in section
17 39-7802(d), Idaho Code.
18 (3) "Commission" means the state tax commission for the state of Idaho.
19 (4) "Master settlement agreement" has the same meaning as that term is
20 defined in section 39-7802(e), Idaho Code.
21 (5) "Nonparticipating manufacturer" means any tobacco product manufac-
22 turer that is not a participating manufacturer.
23 (6) "Participating manufacturer" has the same meaning as that term is
24 defined in section II(jj) of the master settlement agreement and all amend-
25 ments thereto.
26 (7) "Qualified escrow fund" has the same meaning as that term is defined
27 in section 39-7802(f), Idaho Code.
28 (8) "Stamping agent" means a person that who is authorized to wholesale
29 cigarettes or is required to affix tax stamps to packages or other containers
30 of cigarettes under as well as any person who pays a tobacco products tax on
31 "roll your own" tobacco, pursuant to chapter 25, title 63, Idaho Code.
32 (9) "Tobacco product manufacturer" has the same meaning as that term is
33 defined in section 39-7802(i), Idaho Code.
34 (10) "Units sold" has the same meaning as that term is defined in section
35 39-7802(j), Idaho Code.
STATEMENT OF PURPOSE
This proposed legislation clarifies that the term "stamping
agent", under Idaho's Tobacco Master Settlement Agreement
Complementary Act ("the Complementary Act"), includes those
persons who pay the tobacco tax on roll-your-own tobacco. The
intent of the Complementary Act is to require stamping agents to
report to the Attorney General, quarterly, all cigarette and
roll-your-own tobacco sales. The present definition of "stamping
agent" speaks in terms of those persons who affix Idaho's
cigarette tax stamp but does not address those persons who pay
tobacco taxes on roll-your-own tobacco but do so without affixing
a cigarette tax stamp. The amended language will make sure that
all appropriate parties report their cigarette and roll-your-own
sales as required by the Complementary Act.
There is no fiscal impact to the general fund.
Name: Brett T. DeLange,
Name: William A. Von Tagen
Agency: Office of the Attorney General
Phone: (208) 334-4144
STATEMENT OF PURPOSE/FISCAL NOTE H 621