2007 Legislation
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HOUSE BILL NO. 275 – Tobacco products, taxation

HOUSE BILL NO. 275

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Bill Status



H0275...............................................by REVENUE AND TAXATION
TOBACCO PRODUCTS - TAXATION - Amends, adds to and repeals existing law to
define "moist snuff"; to provide the rate of taxation for tobacco products
other than moist snuff; to provide the rate of taxation on moist snuff; and
to provide for distribution of tax revenues.
                                                                        
03/05    House intro - 1st rdg - to printing
03/06    Rpt prt - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 275
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO  THE  TAXATION  OF  CERTAIN  TOBACCO  PRODUCTS;  AMENDING  SECTION
  3        63-2551, IDAHO CODE, TO DEFINE "MOIST SNUFF" AND TO MAKE TECHNICAL CORREC-
  4        TIONS;  AMENDING SECTION 63-2552, IDAHO CODE, TO PROVIDE THE RATE OF TAXA-
  5        TION FOR TOBACCO PRODUCTS OTHER THAN MOIST SNUFF AND TO PROVIDE  FOR  DIS-
  6        TRIBUTION OF REVENUES; REPEALING SECTION 63-2552A, IDAHO CODE, RELATING TO
  7        ADDITIONAL  TAXATION  OF  TOBACCO  PRODUCTS AND REPEALING SECTION 63-2564,
  8        IDAHO CODE, RELATING TO DISTRIBUTION OF  TAX  REVENUES  FROM  THE  TOBACCO
  9        PRODUCTS  TAX;  AMENDING CHAPTER 25, TITLE 63, IDAHO CODE, BY THE ADDITION
 10        OF A NEW SECTION 63-2552A, IDAHO CODE, TO PROVIDE THE RATE OF TAX ON MOIST
 11        SNUFF AND TO PROVIDE FOR DISTRIBUTION OF TAX REVENUES ON MOIST SNUFF.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION 1.  That Section 63-2551, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:
                                                                        
 15        63-2551.  TOBACCO PRODUCTS TAX -- DEFINITIONS. As used in this act:
 16        (1)  "Tobacco  products" shall mean any cigars, cheroots, stogies, smoking
 17    tobacco, (including granulated, plug, cut, crimp cut,  ready  rubbed  and  any
 18    other kinds and forms of tobacco suitable for smoking in a pipe or cigarette),
 19    chewing  tobacco, (including cavendish, twist, plug, scrap and any other kinds
 20    and forms of tobacco suitable for chewing), and snuff, however  prepared;  and
 21    shall include any other articles or products made of tobacco or any substitute
 22    therefor, except cigarettes;
 23        (2)  "Moist  snuff"  means  any  finely  cut,  ground, or powdered tobacco
 24    intended to be placed in the oral cavity, but not including dry snuff.
 25        (3)  "Manufacturer" means a person  who  manufactures  and  sells  tobacco
 26    products;
 27        (34)  "Distributor" means: (a) any person engaged in the business of sell-
 28    ing  tobacco  products in this state who brings, or causes to be brought, into
 29    this state from without the state any tobacco products for sale, (b) any  per-
 30    son  who makes, manufactures, or fabricates tobacco products in this state for
 31    sale in this state, (c) any person engaged in the business of selling  tobacco
 32    products  without  this  state  who  ships  or  transports tobacco products to
 33    retailers in this state, to be sold by those retailers;
 34        (45)  "Subjobber" means any person, other than a manufacturer or distribu-
 35    tor, who buys tobacco products from a distributor and sells  them  to  persons
 36    other than the ultimate consumers;
 37        (56)  "Retailer"  means  any  person  engaged  in  the business of selling
 38    tobacco products to ultimate consumers;
 39        (67)  "Sale" means any transfer, exchange, or barter, in any manner or  by
 40    any  means  whatsoever,  for a consideration, and includes and means all sales
 41    made by any person. It includes a gift by a person engaged in the business  of
 42    selling  tobacco  products,  for advertising, as a means of evading the provi-
 43    sions of this chapter, or for any other purposes whatsoever;
                                                                        
                                       2
                                                                        
  1        (78)  "Wholesale sales price" means the established price for which a man-
  2    ufacturer sells a tobacco product to a distributor, exclusive of any  discount
  3    or other reduction;
  4        (89)  "Business"  means  any  trade,  occupation,  activity, or enterprise
  5    engaged in for the purpose of selling or distributing tobacco products in this
  6    state;
  7        (910) "Place of business" means any place where tobacco products are manu-
  8    factured, stored, or kept for the purpose of sale  or  consumption,  including
  9    any vessel, vehicle, airplane, train, or vending machine;
 10        (101) "Retail  outlet"  means  each  place  of business from which tobacco
 11    products are sold to consumers;
 12        (112) "Commission" means the Idaho state tax commission.
                                                                        
 13        SECTION 2.  That Section 63-2552, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:
                                                                        
 15        63-2552.  TOBACCO PRODUCTS TAX IMPOSED -- RATE. (1) From and after July 1,
 16    1972  2007,  there is levied and there shall be collected a tax upon the sale,
 17    use, consumption, handling, or distribution of all  tobacco  products,  except
 18    moist  snuff,  in this state at the rate of thirty-five per cent forty percent
 19    (3540%) of the wholesale sales price of such tobacco products.
 20        (2)  Such tax shall be imposed at the time the distributor
 21        (a)  brings, or causes to be brought, into this  state  from  without  the
 22        state tobacco products for sale,
 23        (b)  makes, manufactures, or fabricates tobacco products in this state for
 24        sale in this state, or
 25        (c)  ships  or  transports tobacco products to retailers in this state, to
 26        be sold by those retailers.
 27        (2)  A floor stocks tax  is  hereby  imposed  upon  every  distributor  of
 28    tobacco  products  at  the rate of thirty-five per cent (35%) of the wholesale
 29    sales price of each tobacco product in his possession or under his control  on
 30    July 1, 1972.
 31        Each distributor, within twenty (20) days after July 1, 1972, shall file a
 32    report  with  the  commission,  in  such form as the commission may prescribe,
 33    showing the tobacco products on hand on July 1, 1972, and the  amount  of  tax
 34    due thereon.
 35        The tax imposed by this subdivision shall be due and payable within twenty
 36    (20)  days  after July 1, 1972, and thereafter shall bear interest at the rate
 37    of one per cent (1%) per month
 38        (3)  The revenues received from the tax imposed by this section   and  any
 39    penalties,  interest  or deficiency additions, shall be distributed by the tax
 40    commission as follows:
 41        (a)  An amount of money shall be distributed to the state refund  account,
 42        sufficient  to  pay  current  refund claims. All refunds authorized by the
 43        commission shall be paid through  the  state  refund  account,  and  those
 44        moneys are continuously appropriated.
 45        (b)  From  the  balance  remaining after deduction of the amounts in para-
 46        graph (a) of this subsection, the remaining moneys shall  be  remitted  as
 47        follows:
 48             (i)   Eighty-seven  and one-half percent (87.5%) directly to the gen-
 49             eral fund;
 50             (ii)  Six and one-quarter percent (6.25%) shall be subject to  appro-
 51             priation  to  the public school income fund to be utilized to facili-
 52             tate and provide substance abuse programs in the public  school  sys-
 53             tem,  of  which  amount two hundred fifty thousand dollars ($250,000)
                                                                        
                                       3
                                                                        
  1             shall be remitted annually to the state police to increase toxicology
  2             laboratory capacity in the bureau of forensic services for drug test-
  3             ing of juveniles. The moneys remitted to the state  police  shall  be
  4             reviewed  annually and any money in excess of the operations needs of
  5             the laboratory for juvenile drug testing will be returned to the pub-
  6             lic school income fund for substance abuse  programs  in  the  public
  7             school  system.  The laboratory may utilize this increased toxicology
  8             capacity for adult drug testing to the extent that timely testing for
  9             juveniles is not adversely impacted.
 10             (iii) Six and one-quarter percent (6.25%) shall be subject to  appro-
 11             priation  to  the department of juvenile corrections for distribution
 12             quarterly to the counties to be utilized for county  juvenile  proba-
 13             tion services, based upon the percentage the population of the county
 14             bears to the population of the state as a whole.
                                                                        
 15        SECTION  3.  That  Sections  63-2552A and 63-2564, Idaho Code, be, and the
 16    same are hereby repealed.
                                                                        
 17        SECTION 4.  That Chapter 25, Title 63, Idaho Code, be,  and  the  same  is
 18    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 19    ignated as Section 63-2552A, Idaho Code, and to read as follows:
                                                                        
 20        63-2552A.  TAX IMPOSED ON MOIST SNUFF -- RATE -- DISTRIBUTION OF TAX REVE-
 21    NUES. (1) On and after July 1, 2007, there is levied and there shall  be  col-
 22    lected  a  tax  upon  the sale, use, consumption, handling, or distribution of
 23    moist snuff in this state at the rate of: (a) one dollar  ($1.00)  per  ounce,
 24    and  a  proportionate tax at the like rate on all fractional parts of an ounce
 25    of moist snuff, whose wholesale price is two dollars and fifty  cents  ($2.50)
 26    or  less per ounce; or (b) at the rate of forty percent (40%) of the wholesale
 27    sales price of such moist snuff if the wholesale price  is  greater  than  two
 28    dollars and fifty cents ($2.50) per ounce. Provided however, each can or pack-
 29    age of moist snuff containing a net weight of less than one (1) ounce of moist
 30    snuff  shall  be  taxed  at the equivalent rate of a can or package containing
 31    moist snuff weighing one (1) ounce if the one dollar  ($1.00)  per  ounce  tax
 32    rate  is  being  used.  Such  tax shall be imposed at the time the distributor
 33    ships or transports moist snuff to retailers in this state to be sold by those
 34    retailers.
 35        (2)  Each distributor, within twenty (20) days after July 1,  2007,  shall
 36    file  a  report  with  the commission, in such form as the commission may pre-
 37    scribe, showing the moist snuff on hand on July 1, 2007, and the amount of tax
 38    due thereon. The tax imposed in this section shall be due and  payable  within
 39    twenty  (20)  days  after  July 1, 2007, and thereafter shall bear interest as
 40    provided in section 63-3045, Idaho Code. If  the  distributor  has  previously
 41    paid  tax  to the state of Idaho upon the moist snuff on hand on July 1, 2007,
 42    the distributor shall pay the tax due pursuant to this section, but  shall  be
 43    entitled  to credit thereon for taxes previously paid on such moist snuff pur-
 44    suant to the law in effect prior to July 1, 2007.
 45        (3)  The revenues received from  the tax collected pursuant to  this  sec-
 46    tion  and any deficiency additions, shall be distributed by the state tax com-
 47    mission as follows:
 48        (a)  An amount of money shall be distributed to the state refund  account,
 49        sufficient  to  pay  current  refund claims. All refunds authorized by the
 50        commission shall be paid through  the  state  refund  account,  and  those
 51        moneys are continuously appropriated.
 52        (b)  The  sum  of  one  million  dollars  ($1,000,000) shall be subject to
                                                                        
                                       4
                                                                        
  1        appropriation to the substance abuse treatment fund.
  2        (c)  From the balance remaining after deduction of the  amounts  in  para-
  3        graphs  (a)  and  (b)  of  this  subsection, the remaining moneys shall be
  4        remitted as follows:
  5             (i)   Eighty-seven and one-half percent (87.5%) directly to the  gen-
  6             eral fund;
  7             (ii)  Six  and one-quarter percent (6.25%) shall be subject to appro-
  8             priation to the public school income fund to be utilized  to  facili-
  9             tate  and  provide substance abuse programs in the public school sys-
 10             tem, of which amount two hundred fifty  thousand  dollars  ($250,000)
 11             shall be remitted annually to the state police to increase toxicology
 12             laboratory capacity in the bureau of forensic services for drug test-
 13             ing  of  juveniles.  The moneys remitted to the state police shall be
 14             reviewed annually and any money in excess of the operations needs  of
 15             the laboratory for juvenile drug testing will be returned to the pub-
 16             lic  school  income  fund  for substance abuse programs in the public
 17             school system. The laboratory may utilize this  increased  toxicology
 18             capacity for adult drug testing to the extent that timely testing for
 19             juveniles is not adversely impacted.
 20             (iii) Six  and one-quarter percent (6.25%) shall be subject to appro-
 21             priation to the department of juvenile corrections  for  distribution
 22             quarterly  to  the counties to be utilized for county juvenile proba-
 23             tion services, based upon the percentage the population of the county
 24             bears to the population of the state as a whole.

Statement of Purpose / Fiscal Impact


                STATEMENT OF PURPOSE
 
                     RS 17119C2
  
The purpose of this legislation is to raise the tax on
each container of moist snuff to a minimum of $1.00 per
ounce and continue the tax rate of higher priced products
at 40% of the wholesale price for such tobacco products.

This legislation will also provide a dedicated revenue
source of funding for substance abuse treatment programs.
  
  
                              
                              
                     FISCAL NOTE
  
This change in tax methodology for moist snuff will
result in approximately a $1,000,000 increase in tax
revenue. $1,000,000 will be dedicated to the Substance Abuse
Treatment Fund.
  
  
  
CONTACT:
Representative Lake
332-1000
Ken Burgess
Phone: 385-7070
  
  
STATEMENT OF PURPOSE/FISCAL NOTE                    H 275