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Bill

Bill

H 314

TAXATION – Amends and adds to existing law to provide a tax on the sale and distribution of electronic smoking devices.

68th Legislature, 1st Regular Session (2025)

House Bill 314 imposes a $0.03 tax per milliliter on electronic smoking devices, funding youth tobacco prevention and public health programs with an estimated $1.4 million annually.

Reported Printed and Referred to Revenue & Taxation
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Bill Summary · H 314

Summary of House Bill 314 (H 314)

Purpose and Intent

House Bill 314 (H 314) aims to amend existing Idaho tax laws to impose a tax on the sale and distribution of electronic smoking devices. The legislation seeks to regulate the market for these products, enhance public health initiatives, and prevent minors' access to tobacco products and electronic smoking devices.

Key Provisions

  • Permit Requirement: Sellers of electronic smoking devices must obtain a permit from the State Tax Commission.

  • Tax Imposition: A tax of $0.03 per milliliter will be levied on the sale, use, consumption, handling, or distribution of electronic smoking devices containing nicotine. This tax applies proportionately to any fractional parts of a milliliter.

  • Record Keeping: The bill extends existing record-keeping and invoice requirements for tobacco products to include electronic smoking devices. This includes maintaining detailed records of sales and distributions.

  • Tax Collection: The tax will be collected at various points, including:

    • When distributors bring electronic smoking devices into Idaho.
    • When manufacturers produce these devices within the state.
    • When retailers receive these devices for sale.
  • Penalties for Non-Compliance: Retailers who sell electronic smoking devices without having paid the tax will be liable for the tax amount plus a civil penalty of three times the tax due, with a minimum penalty of $50.

  • Distribution of Tax Revenue: The revenue generated from this tax is projected to be approximately $1.4 million annually. The distribution of these funds will be as follows:

    • 75% to the Prevention of Minors' Access to Tobacco Products or Electronic Devices Fund.
    • 25% to Public Health Districts for prevention and cessation programs.

Affected Parties

  • Sellers and Distributors: All businesses involved in the sale and distribution of electronic smoking devices will be impacted, requiring them to comply with new permit and tax regulations.

  • Public Health Initiatives: The bill aims to bolster funding for programs that prevent youth access to tobacco and support cessation efforts.

  • Consumers: Ultimately, consumers may see changes in pricing due to the new tax, which could affect their purchasing decisions regarding electronic smoking devices.

Procedural Aspects

  • Introduced: February 24, 2025
  • Status: Reported printed and referred to the Revenue & Taxation Committee on February 25, 2025.
  • Effective Date: The tax is set to take effect on July 1, 2025.

This legislation represents a significant step in regulating electronic smoking devices in Idaho, aligning with broader public health goals and addressing concerns about youth access to tobacco products.

Compiled from official sources — confirm details with the bill’s official record.

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