1999 Legislation
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SENATE BILL NO. 1254, As Amended – Substance Abuse Fund, created, use

SENATE BILL NO. 1254, As Amended

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Daily Data Tracking History



S1254aa..............................................by JUDICIARY AND RULES
SUBSTANCE ABUSE FUND - Amends existing law to provide a distribution of
money remitted pursuant to the state income tax withholding tax on lottery
winnings.

03/04    Senate intro - 1st rdg - to printing
03/05    Rpt prt - to Educ
03/10    Rpt out - to 14th Ord
03/11    Rpt out amen - to engros
03/12    Rpt engros - 1st rdg - to 2nd rdg as amen
03/15    2nd rdg - to 3rd rdg as amen
03/15    Rules susp - PASSED - 27-6-2
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Darrington, Davis,
      Deide, Geddes, Hawkins, Ingram, Ipsen, Keough, Lee, McLaughlin, Noh,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Twiggs, Wheeler, Whitworth
      NAYS--Branch, Cameron, Crow, Danielson, Frasure, King
      Absent and excused--Dunklin, Parry
    Floor Sponsor - Schroeder
    Title apvd - to House
03/16    House intro - 1st rdg as amen - to Rev/Tax
03/18    Rpt out - rec d/p - to 2nd rdg as amen
03/19    2nd rdg - to 3rd rdg as amen
    Rules susp - PASSED - 61-0-9
      AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel,
      Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
      Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Mader, Marley,
      McKague, Meyer(Duncan), Montgomery, Moyle, Pischner, Pomeroy,
      Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smylie,
      Stevenson, Stoicheff, Stone, Tippets, Watson, Wheeler, Wood,
      Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Barrett, Linford, Loertscher, Mortensen, Smith,
      Taylor, Tilman, Trail, Williams
    Floor Sponsor - Watson
    Title apvd - to Senate
03/22    To enrol - rpt enrol - Pres signed - Sp signed
03/23    To Governor
03/26    Governor signed
         Session Law Chapter 371
         Effective: 07/01/2000

Bill Text


S1254


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                             SENATE BILL NO. 1254, As Amended

                             BY JUDICIARY AND RULES COMMITTEE

 1                                        AN ACT
 2    RELATING TO THE  STATE  INCOME  TAX  ON  LOTTERY  WINNINGS;  AMENDING  SECTION
 3        63-3067,  IDAHO CODE, TO PROVIDE A DISTRIBUTION OF MONEY REMITTED PURSUANT
 4        TO THE STATE INCOME TAX WITHHOLDING TAX ON LOTTERY WINNINGS AND TO MAKE  A
 5        TECHNICAL CORRECTION; AND PROVIDING AN EFFECTIVE DATE.

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

 7        SECTION  1.  That  Section 63-3067, Idaho Code, be, and the same is hereby
 8    amended to read as follows:

 9        63-3067.  REVENUE RECEIVED -- STATE REFUND ACCOUNT.  (1)  A sum equal
10    to the amount withheld under section 63-3035A, Idaho Code, shall  be  distrib-
11    uted  fifty  percent  (50%) to the public school income fund to be utilized to
12    facilitate and provide substance abuse programs in the public  school  system,
13    and  fifty  percent  (50%) shall be distributed to the counties to be utilized
14    for county juvenile probation services. These funds shall be distributed quar-
15    terly to the counties based upon the percentage the population of  the  county
16    bears to the population of the state as a whole.
17        (2)    All moneys  except as provided in subsection (1) of this
18    section ,  and  except as hereinafter provided,  received  by
19    the  state of Idaho under this act shall be deposited by the state tax commis-
20    sion, as received by it, with the state treasurer and shall be placed  in  and
21    become a part of the general account under the custody of the state treasurer.
22    Providing  however, that an amount equal to twenty  per cent  
23    percent  (20%) of the amount deposited with the state treasurer shall be
24    placed in the "state refund account" which is hereby created for  the  purpose
25    of  repaying overpayments, for the purpose of depositing in the trust accounts
26    specified in section 63-3067A, Idaho Code, such amounts as may  be  designated
27    by  individuals for the purpose of depositing in the Idaho ag in the classroom
28    account an amount as may be designated by the individual  receiving  a  refund
29    for  such  overpayment,  and  for  the  purpose  of paying any other erroneous
30    receipts illegally assessed or collected, penalties collected without  author-
31    ity and taxes and licenses unjustly assessed, collected or which are excessive
32    in  amount.  Whenever  necessary  for  the purpose of making prompt payment of
33    refunds, the board of examiners, upon request from the state  tax  commission,
34    and after review, may authorize the state tax commission to transfer any addi-
35    tional  specific  amount  from  income  tax  collections  to the "state refund
36    account." There is appropriated out  of  the  state  refund  account  so  much
37    thereof  as  may  be necessary for the payment of the refunds herein provided.
38    Claims for, and payment of refunds under the provisions of this section  shall
39    be made in the same manner as other claims against the state of Idaho.
40        Any  unencumbered balance remaining in the state refund account on June 30
41    of each and every year in excess of the sum of one million five hundred  thou-
42    sand  dollars ($1,500,000) shall be transferred to the general account and the
43    state controller is hereby authorized and directed on such dates to make  such


                                          2

 1    transfers  unless the board of examiners, which is hereby authorized to do so,
 2    changes the date of transfer or sum to be transferred.

 3        SECTION 2.  This act shall be in full force and effect on and  after  July
 4    1, 2000.

Amendment


AS1254


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                       Moved by     Keough               

                                       Seconded by  Dunklin              


                                      IN THE SENATE
                            SENATE AMENDMENT TO S.B. NO. 1254

 1                                AMENDMENT TO SECTION 1
 2        On page 1 of the printed bill, in line 7, following "That Section"  delete
 3    the  remainder  of  the  line and all of lines 8 through 43, inclusive, and on
 4    page 2, delete lines 1 through 15, inclusive and insert:
 5        "63-3067, Idaho Code, be, and the same is hereby amended to read  as  fol-
 6    lows:

 7        63-3067.  REVENUE RECEIVED -- STATE REFUND ACCOUNT.  (1)  A sum equal
 8    to  the  amount withheld under section 63-3035A, Idaho Code, shall be distrib-
 9    uted fifty percent (50%) to the public school income fund to  be  utilized  to
10    facilitate  and  provide substance abuse programs in the public school system,
11    and fifty percent (50%) shall be distributed to the counties  to  be  utilized
12    for county juvenile probation services. These funds shall be distributed quar-
13    terly  to  the counties based upon the percentage the population of the county
14    bears to the population of the state as a whole.
15        (2)   All moneys  except as provided in subsection (1) of  this
16    section  ,   and  except as hereinafter provided, received by
17    the state of Idaho under this act shall be deposited by the state tax  commis-
18    sion,  as  received by it, with the state treasurer and shall be placed in and
19    become a part of the general account under the custody of the state treasurer.
20    Providing however, that an amount equal to twenty  per cent   
21    percent  (20%) of the amount deposited with the state treasurer shall be
22    placed  in  the "state refund account" which is hereby created for the purpose
23    of repaying overpayments, for the purpose of depositing in the trust  accounts
24    specified  in  section 63-3067A, Idaho Code, such amounts as may be designated
25    by individuals for the purpose of depositing in the Idaho ag in the  classroom
26    account  an  amount  as may be designated by the individual receiving a refund
27    for such overpayment, and for  the  purpose  of  paying  any  other  erroneous
28    receipts  illegally assessed or collected, penalties collected without author-
29    ity and taxes and licenses unjustly assessed, collected or which are excessive
30    in amount. Whenever necessary for the purpose  of  making  prompt  payment  of
31    refunds,  the  board of examiners, upon request from the state tax commission,
32    and after review, may authorize the state tax commission to transfer any addi-
33    tional specific amount from  income  tax  collections  to  the  "state  refund
34    account."  There  is  appropriated  out  of  the  state refund account so much
35    thereof as may be necessary for the payment of the  refunds  herein  provided.
36    Claims  for, and payment of refunds under the provisions of this section shall
37    be made in the same manner as other claims against the state of Idaho.
38        Any unencumbered balance remaining in the state refund account on June  30
39    of  each and every year in excess of the sum of one million five hundred thou-
40    sand dollars ($1,500,000) shall be transferred to the general account and  the
41    state  controller is hereby authorized and directed on such dates to make such
42    transfers unless the board of examiners, which is hereby authorized to do  so,
43    changes the date of transfer or sum to be transferred.".


                                         2

 1                                AMENDMENT TO THE BILL
 2        On page 2, delete lines 16 through 18, and insert:
 3        "SECTION  2.  This act shall be in full force and effect on and after July
 4    1, 2000.".

 5                                 CORRECTION TO TITLE
 6        On page 1, delete lines 3, 4 and 5 and insert: "63-3067,  IDAHO  CODE,  TO
 7    PROVIDE  A  DISTRIBUTION  OF  MONEY  REMITTED PURSUANT TO THE STATE INCOME TAX
 8    WITHHOLDING TAX ON LOTTERY WINNINGS AND TO MAKE A  TECHNICAL  CORRECTION;  AND
 9    PROVIDING AN EFFECTIVE DATE.".

Statement of Purpose / Fiscal Impact


                    AMENDED STATEMENT OF PURPOSE

                              RS09173

The purpose of this legislation is to amend Section 63-3067, Idaho
Code, to provide for remittance of moneys under 63-3035A and to
provide for utilization of moneys for substance abuse programs in
the public schools and counties through the Department of Juvenile
Corrections.







                            FISCAL NOTE

There is no fiscal impact since legislation in 1997 provided for
these taxes to be collected. This bill establishes a mechanism to
appropriate and distribute these funds as stated in Legislative
Intent in the 1997 law.

REVISED      REVISED      REVISED      REVISED      REVISED




                    AMENDED STATEMENT OF PURPOSE

CONTACT:  Senator Gary Schroeder
        Idaho Senate
        332-1321
        
                                         STATEMENT OF PURPOSE/ FISCAE NOTE Bill No.S1254