1998 Legislation
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HOUSE BILL NO. 594 – Sole source aquifer prog, moneys

HOUSE BILL NO. 594

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Daily Data Tracking History



H0594...............................................by REVENUE AND TAXATION
SOLE SOURCE AQUIFER - Amends existing law to provide $200,000 annually from
the Sales Tax Account to Public Health District Number 1 for sole source
aquifer protection programs.

02/02    House intro - 1st rdg - to printing
02/03    Rpt prt - to Approp

Bill Text


H0594


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 594

                            BY REVENUE AND TAXATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO THE SOLE SOURCE  AQUIFER  PROTECTION  ACT;  PROVIDING  LEGISLATIVE
 3        INTENT;  AND AMENDING SECTION 63-3638, IDAHO CODE, TO REMIT MONEYS TO PUB-
 4        LIC HEALTH DISTRICT NUMBER ONE FOR SOLE SOURCE AQUIFER PROTECTION.

 5    Be It Enacted by the Legislature of the State of Idaho:

 6        SECTION 1.  Legislative intent. The Legislature hereby declares  that  the
 7    welfare  of the people of Idaho is dependent upon the effective management and
 8    protection of the ground water resources of this state. The  Legislature  fur-
 9    ther  declares  that  a  need exists for the Panhandle Health District to have
10    funding to administer a program in cooperation with the State of  Idaho  Divi-
11    sion  of  Environmental  Quality  for protection or remediation of the Spokane
12    Valley -- Rathdrum Prairie Aquifer. This cooperative  effort  is  intended  to
13    avoid duplication of services, to protect public health, to avoid the prohibi-
14    tive  costs  of ground water remediation, and to provide significant cost sav-
15    ings to water purveyors through monitoring waivers.

16        SECTION 2.  That Section 63-3638, Idaho Code, be, and the same  is  hereby
17    amended to read as follows:

18        63-3638.  SALES TAX -- DISTRIBUTION. All moneys collected under this chap-
19    ter, except as may otherwise be required in section 63-3203, Idaho Code, shall
20    be distributed by the tax commission as follows:
21        (a)  An  amount  of money shall be distributed to the state refund account
22    sufficient to pay current refund claims. All  refunds  authorized  under  this
23    chapter  by the commission shall be paid through the state refund account, and
24    those moneys are continuously appropriated.
25        (b)  Five hundred thousand dollars ($500,000)  per  year  is  continuously
26    appropriated  and shall be distributed to the permanent building account, pro-
27    vided by section 57-1108, Idaho Code.
28        (c)  Four million eight hundred thousand dollars ($4,800,000) per year  is
29    continuously appropriated and shall be distributed to the water pollution con-
30    trol account established by section 39-3605, Idaho Code.
31        (d)  (1) An amount equal to the sum required to be certified by the chair-
32        man of the  Idaho housing and finance association to the state tax commis-
33        sion pursuant to section 67-6211, Idaho Code, in each year is continuously
34        appropriated and shall be paid to any capital reserve fund, established by
35        the  Idaho  housing  and  finance association pursuant to section 67-6211,
36        Idaho Code. Such amounts, if any, as may be appropriated hereunder to  the
37        capital reserve fund of the Idaho housing and finance association shall be
38        repaid  for  distribution under the provisions of this section, subject to
39        the provisions of section 67-6215, Idaho Code, by the  Idaho  housing  and
40        finance association, as soon as possible, from any moneys available there-
41        for  and  in  excess  of the amounts which the association determines will
42        keep it self-supporting.


                                      2

 1        (2)  An amount equal to the sum required  by  the  provisions  of  section
 2        63-709, Idaho Code, is continuously appropriated and shall be paid as pro-
 3        vided by section 63-709, Idaho Code.
 4        (3)  An amount required by the provisions of section 33-1002D, Idaho Code.
 5        (e)  Six  per  cent  (6%)  is hereby appropriated and shall be paid to the
 6    county treasurer of each county in amounts to be determined as follows:
 7        (1)  Each taxing district other than school districts shall be entitled to
 8        a base share of sales tax moneys equal to the amount distributed  to  that
 9        district  for  the  fourth calendar quarter of 1979. The computation shall
10        not include any distributions made to the  credit  of  either  the  former
11        county school levy or the state water pollution control levy. The percent-
12        age  so  determined for each taxing district shall be applied each quarter
13        to the above percentage of sales tax. The resulting sums shall be paid  to
14        the  county  treasurer of each county for distribution to each taxing dis-
15        trict, except school districts, which received sales tax moneys  in  1979.
16        Whenever a taxing district is dissolved, the dissolved district's share of
17        sales  moneys shall be credited continuously to the county current expense
18        fund.
19        (2)  Whenever the amount of nonschool district sales tax  moneys  distrib-
20        uted exceeds in any quarter the total amount of moneys distributed to non-
21        school  districts for the base quarter, which is the fourth calendar quar-
22        ter of 1979, by ten per cent (10%), or more, the excess of the base  quar-
23        ter  shall be paid to the county treasurer of each county for distribution
24        to each taxing district in the county, except  school  districts,  in  the
25        following manner.
26             The  state tax commission shall compute the percentage that the aver-
27        age amount of taxes collected from assessments for the  years  1965,  1966
28        and  1967 on the personal property described as business inventory in sub-
29        sections (1) and (2) of section 63-602W, Idaho Code, for each county bears
30        to the average total amount of taxes collected from assessments  for  said
31        years  on the personal property described as business inventory in subsec-
32        tions (1) and (2) of section 63-602W, Idaho Code, for all counties in  the
33        state.  The  percentage  so determined for each county shall be applied to
34        the sales tax distributed under this  subsection  and  the  resulting  sum
35        shall  be  paid to the county treasurer of each county for distribution to
36        each taxing district, except school districts, in the county as follows:
37             (i)   Each year the county commissioners in each  county  shall  take
38             the  tax charge, applicable to the current property roll equalized by
39             county commissioners sitting as a board of equalization, of each tax-
40             ing district within the county, except school districts,  and  divide
41             it  by  the total current tax charges applicable to the current prop-
42             erty roll of all taxing districts, except  school  districts,  within
43             said  county  and  the  resulting percentages shall be applied to the
44             county's proportionate share  of  said  sales  tax  account  and  the
45             resulting  amount shall be distributed to each taxing district in the
46             county periodically but not less frequently  than  quarterly  by  the
47             county  auditor and applied by such taxing districts in the same man-
48             ner and in the same proportions as revenues from property taxation.
49             (ii)  The moneys set aside and appropriated to the  county  treasurer
50             out  of the sales tax account above may be considered by the counties
51             and other taxing districts and budgeted against at the same time,  in
52             the same manner and in the same year as revenues from taxation on all
53             classes of personal property which these moneys replace.
54        (3)  All moneys distributed pursuant to subsection (e) shall be subject to
55        the  redistribution provisions of section 40-801, Idaho Code, where appli-


                                      3

 1        cable.
 2        (f)  One dollar ($1.00) on each application for certificate of title to  a
 3    motor vehicle, or initial application for registration processed by the county
 4    assessor  or  the Idaho transportation department excepting those applications
 5    in which any sales or use taxes  due  have  been  previously  collected  by  a
 6    retailer, shall be a fee for the services of the assessor of the county or the
 7    Idaho  transportation  department  in collecting such taxes, and shall be paid
 8    into the current expense fund of the county or state  highway  account  estab-
 9    lished in section 40-702, Idaho Code.
10        (g)  Seven  and  three-quarters per cent (7.75%) is continuously appropri-
11    ated and shall be distributed to the revenue sharing account which is  created
12    in  the  state  operating  fund, and the moneys in the revenue sharing account
13    will be paid by the tax commission as follows:
14        (1)   One-half (1/2) shall be paid to the various cities as follows:
15             (i)  Fifty per cent (50%) of such amount shall be paid to the various
16             cities, and each city shall be entitled to an amount in  the  propor-
17             tion  that the population of that city bears to the population of all
18             cities within the state; and
19             (ii)  Fifty per cent (50%) of such amount shall be paid to the  vari-
20             ous  cities, and each city shall be entitled to an amount in the pro-
21             portion that the preceding year's market value  for  assessment  pur-
22             poses  for  that  city bears to the preceding year's market value for
23             assessment purposes for all cities within the state.
24        (2)  One-half (1/2) shall be paid to the state's general account or to the
25        various counties as follows:
26             (i)   One million three hundred twenty thousand dollars  ($1,320,000)
27             shall  be  distributed one forty-fourth (1/44) to each of the various
28             counties; and
29             (ii)  The balance of such amount shall be paid to the  various  coun-
30             ties,  and  each county shall be entitled to an amount in the propor-
31             tion that the population of that county bears to  the  population  of
32             the state.
33        (h)    For  public  health  district  number  1, which administers an
34    active source water protection program for the Rathdrum  prairie  sole  source
35    aquifer,  so  designated pursuant to federal law, there is continuously appro-
36    priated two hundred thousand dollars ($200,000) per year to maintain such pro-
37    gram. The expenditure of such funds shall be subject to audit by the  legisla-
38    tive services office.
39        (i)    Any  moneys  remaining over and above those necessary to meet
40    and reserve for payments under other subsections of this section shall be dis-
41    tributed to the general account.

Statement of Purpose / Fiscal Impact


    





                           STATEMENT OF PURPOSE
    
                                 RS 07583
    
    The purpose of this legislation is to amend section 63-3638, 
    Idaho Code, to provide Panhandle Health District with a 
    funding mechanism for source water protection programs for the 
    Spokane Valley Rathdrum Prairie Aquifer.
    
                                FISCAL NOTE
    
    The demonstration project for aquifer protection and the work 
    of the Rathdrum Aquifer Policy Advisory Committee has clearly 
    demonstrated that prevention of contamination through source 
    water and wellhead protection is far more cost effective than 
    activities that deal with site remediation or water treatment 
    alternatives. The annual cost due to this legislation would be 
    $200,000. An additional $73,000 would be provided locally 
    through fees and contracts. Implementation of the aquifer 
    protection program in northern Idaho will not result in any 
    increase in staff. In fact, due to the work of the Policy 
    Advisory Committee, a staff reduction has occurred. This will 
    not create increased cost to the general public.
    
    Passage of this legislation will result in positive economic 
    benefits. They include prevention of the high cost of 
    groundwater cleanup from potential contamination and 
    significant reductions in costs for monitoring of public 
    drinking water systems due to the presence of a source water 
    protection program which will allow for monitoring waivers.Contact: Rep. Don Pischner (208) 667-5770 Rep. Wayne Meyer 
    (208) 687-0420 Rep. Hilde Kellogg (208) 773-5412
    
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
    H 594