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H0345................................by JUDICIARY, RULES AND ADMINISTRATION FINES - FORFEITURES - Amends existing law to provide that of certain fines and forfeitures apportioned to the State Treasurer, a designated portion shall be deposited to the state's General Fund and a designated portion shall be deposited to the Peace Officers Standards and Training Fund. 02/28 House intro - 1st rdg - to printing 03/01 Rpt prt - to Jud 03/02 Rpt out - rec d/p - to 2nd rdg 03/05 2nd rdg - to 3rd rdg 03/06 3rd rdg - PASSED - 54-10-6 AYES -- Barraclough, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford, Bruneel, Campbell, Chase, Collins, Cuddy, Denney, Eskridge, Field(13), Gagner, Gould, Hammond, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kunz, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pischner, Pomeroy, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wheeler, Young, Mr. Speaker NAYS -- Barrett, Clark, Crow, Ellis, Hadley, Harwood, Kendell, Lake, Pearce, Wood Absent and excused -- Callister, Deal, Ellsworth, Field(20), Langford, Raybould Floor Sponsor -- Gould Title apvd - to Senate 03/07 Senate intro - 1st rdg - to Jud 03/13 Rpt out - rec d/p - to 2nd rdg 03/14 2nd rdg - to 3rd rdg 03/20 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Branch, Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams, NAYS -- None Absent and excused -- None Floor Sponsor -- Darrington Title apvd - to House 03/21 To enrol 03/22 Rpt enrol - Sp signed - Pres signed - to Gov 03/23 Governor signed Session Law Chapter 179 Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 345 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO PAYMENTS OF FINES AND FORFEITURES; AMENDING SECTION 19-4705, IDAHO 3 CODE, TO PROVIDE THAT OF CERTAIN FINES AND FORFEITURES APPORTIONED TO THE 4 STATE TREASURER, A DESIGNATED PORTION SHALL BE DEPOSITED TO THE STATE GEN- 5 ERAL FUND AND A DESIGNATED PORTION SHALL BE DEPOSITED TO THE PEACE OFFI- 6 CERS STANDARDS AND TRAINING FUND AND TO MAKE A TECHNICAL CORRECTION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 19-4705, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 19-4705. PAYMENT OF FINES AND FORFEITURES -- SATISFACTION OF JUDGMENT -- 11 DISPOSITION -- APPORTIONMENT. (a) All fines and forfeitures collected pursuant 12 to the judgment of any court of the state shall be remitted to the court in 13 which the judgment was rendered. The judgment shall then be satisfied by entry 14 in the docket of the court. The clerk of the court shall daily remit all fines 15 and forfeitures to the county auditor who shall at the end of each month 16 apportion the proceeds according to the provisions of this act. Other existing 17 laws regarding the disposition of fines and forfeitures are hereby repealed to 18 the extent such laws are inconsistent with the provisions of this act except 19 as provided in section 49-1013(3), Idaho Code. 20 (b) Fines and forfeitures remitted for violations of fish and game laws 21 shall be apportioned two and one-half percent (2 1/2%) to the state treasurer 22 for deposit in the state general account, ten percent (10%) to the search and 23 rescue account, twenty-two and one-half percent (22 1/2%) to the district 24 court fund and sixty-five percent (65%) to the fish and game fund. 25 (c) Fines and forfeitures remitted for violations of state motor vehicle 26 laws, for violation of state driving privilege laws, and for violation of 27 state laws prohibiting driving while under the influence of alcohol, drugs or 28 any other intoxicating substances, shall be apportioned ten percent (10%) to 29 the state treasurerfor deposit in the state general accountof which ninety 30 percent (90%) shall be deposited to the state general fund and ten percent 31 (10%) shall be deposited to the peace officers standards and training fund 32 authorized in section 19-5116, Idaho Code, forty-five percent (45%) to the 33 state treasurer for deposit in the highway distribution account, twenty-two 34 and one-half percent (22 1/2%) to the district court fund and twenty-two and 35 one-half percent (22 1/2%) to the state treasurer for deposit in the public 36 school income fund; provided, however, that fines and forfeitures remitted for 37 violation of state motor vehicle laws, for violation of state driving privi- 38 lege laws, and for violation of state laws prohibiting driving while under the 39 influence of alcohol, drugs or any other intoxicating substances, where an 40 arrest is made or a citation is issued by a city law enforcement official, or 41 by a law enforcement official of a governmental agency under contract to pro- 42 vide law enforcement services for a city, shall be apportioned ten percent 43 (10%) to the state treasurerfor deposit in the state general accountof which 2 1 ninety percent (90%) shall be deposited to the state general fund and ten per- 2 cent (10%) shall be deposited to the peace officers standards and training 3 fund authorized in section 19-5116, Idaho Code, and ninety percent (90%) to 4 the city whose officer made the arrest or issued the citation. 5 (d) Fines and forfeitures remitted for violation of any state law not 6 involving fish and game laws, or motor vehicle laws, or state driving privi- 7 lege laws, or state laws prohibiting driving while under the influence of 8 alcohol, drugs or any other intoxicating substances, shall be apportioned ten 9 percent (10%) to the state treasurerfor deposit in the state general account10 of which ninety percent (90%) shall be deposited to the state general fund and 11 ten percent (10%) shall be deposited to the peace officers standards and 12 training fund authorized in section 19-5116, Idaho Code, and ninety percent 13 (90%) to the district court fund of the county in which the violation 14 occurred. 15 (e) Fines and forfeitures remitted for violation of county ordinances 16 shall be apportioned ten percent (10%) to the state treasurerfor deposit in17the state general accountof which ninety percent (90%) shall be deposited to 18 the state general fund and ten percent (10%) shall be deposited to the peace 19 officers standards and training fund authorized in section 19-5116, Idaho 20 Code, and ninety percent (90%) to the district court fund of the county whose 21 ordinance was violated. 22 (f) Fines and forfeitures remitted for violation of city ordinances shall 23 be apportioned ten percent (10%) to the state treasurerfor deposit in the24state general accountof which ninety percent (90%) shall be deposited to the 25 state general fund and ten percent (10%) shall be deposited to the peace offi- 26 cers standards and training fund authorized in section 19-5116, Idaho Code, 27 and ninety percent (90%) to the city whose ordinance was violated. 28 (g) Fines and forfeitures remitted for violations not specified in this 29 act shall be apportioned ten percent (10%) to the state treasurerfor deposit30in the state general accountof which ninety percent (90%) shall be deposited 31 to the state general fund and ten percent (10%) shall be deposited to the 32 peace officers standards and training fund authorized in section 19-5116, 33 Idaho Code, and ninety percent (90%) to the district court fund of the county 34 in which the violation occurred except in cases where a duly designated offi- 35 cer of any city police department or city law enforcement official shall have 36 made the arrest for any such violation, in which case ninety percent (90%) 37 shall be apportioned to the city whose officer made the arrest. 38 (h) Fines and forfeitures remitted for violations involving registrations 39 of motorcycles or motor-driven cycles used off highways, snowmobiles, or use 40 of winter recreation parking areas shall be apportioned ten percent (10%) to 41 the state treasurerfor deposit to the state general accountof which ninety 42 percent (90%) shall be deposited to the state general fund and ten percent 43 (10%) shall be deposited to the peace officers standards and training fund 44 authorized in section 19-5116, Idaho Code, and ninety percent (90%) to the 45 generalaccountfund of the county or city whose law enforcement official 46 issued the citation. 47 (i) Fines and forfeitures remitted for violations of overweight laws as 48 provided in section 49-1013(3), Idaho Code, shall be deposited one hundred 49 percent (100%) into the highway distribution account. 50 (j) As used in this section, the term "city law enforcement official" 51 shall include an official of any governmental agency which is providing law 52 enforcement services to a city in accordance with the terms of a contract or 53 agreement, when such official makes the arrest or issues a citation within the 54 geographical limits of the city and when the contract or agreement provides 55 for payment to the city of fines and forfeitures resulting from such service.
REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS 11185 The purpose of this legislation is to add an ongoing funding stream, in addition to the fine revenue generated by Section 3l-32OlB, Idaho Code, to operate the Idaho Peace Officers Standards and Training Academy (POST). If revenues are not increased it is projected that the POST Fund will be depleted by the end of FY 2002. This bill increases the amount going to the POST Fund by redirecting 10% of the total amount that goes to the General Fund from fines and forfeitures for violations of state law related to driving motor vehicles. The remaining 90% of the amount collected by county clerks on behalf of the State will continue to be deposited directly to the General Fund. FISCAL NOTE This bill will reduce the amount deposited to the General Fund by approximately $550,000 in FY 2002. These funds will instead be deposited to the Peace Officers Standards and Training Fund. The total amount deposited to the General Fund for fine collection in FY 2000 was $5,305,700. DFM's projection for FY 2002 revenues is $5.5 million. Ten percent of $5.5 million = $550,000. Contact: Name: Michael Becar Phone: 884-7250 Statement of Purpose/Fiscal Impact H345