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H0819.....................................................by APPROPRIATIONS
APPROPRIATIONS - AMERICAN TRUCKING ASSOCIATION LAWSUIT - Provides that the
State Treasurer shall make $10,000,000 in the Idaho Petroleum Clean Water
Trust Fund available and directs the State Controller to transfer the
moneys to the American Trucking Association Settlement Fund; appropriates
$17,000,000 to the American Trucking Association Settlement Fund; directs
the transfer of payments to the Idaho Petroleum Clean Water Trust Fund;
provides for the transfer of funds to the Budget Stabilization Fund; and
provides effective dates with contingencies.
04/05 House intro - 1st rdg - to printing
Rpt prt - to 2nd rdg
Rls susp - PASSED - 55-1-14
AYES -- Barraclough(Barraclough), Barrett, Bell, Black, Boe, Bruneel,
Campbell, Cheirrett, Crow, Cuddy, Deal, Denney, Field(13), Field(20),
Geddes, Gould, Hadley, Hammond, Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kunz, Linford, Mader, Marley,
McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Shepherd, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail,
Wood, Zimmermann, Mr Speaker
NAYS -- Bieter
Absent and excused -- Alltus, Callister, Chase, Clark, Ellsworth,
Gagner, Hansen(23), Hansen(29), Lake, Loertscher(Loertscher), Moss,
Pischner, Smith, Wheeler
Floor Sponsor -
Title apvd - to Senate
Senate intro - 1st rdg - to 2nd rdg
Rls susp - PASSED - 30-3-2
AYES--Andreason, Boatright, Burtenshaw, Cameron, Crow, Danielson,
Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram,
Ipsen, Keough, King-Barrutia, McLaughlin, Noh, Parry, Richardson,
Riggs, Risch, Sandy, Sorensen, Stegner, Thorne, Walton, Wheeler,
Williams
NAYS--Schroeder, Stennett, Whitworth
Absent and excused--Bunderson, Lee
Floor Sponsor - Frasure
Title apvd - to House
To enrol - rpt enrol - Sp signed - Pres signed
04/06 To Governor
04/17 Governor signed
Session Law Chapter 463
Effective: 07/01/00 or upon certification of
Secretary of State of suit settlement,
whichever comes later
H0819
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 819
BY APPROPRIATIONS COMMITTEE
1 AN ACT
2 AUTHORIZING THE STATE TREASURER TO MAKE MONEYS IN THE PETROLEUM CLEAN WATER
3 TRUST FUND AVAILABLE FOR TRANSFER FOR A SPECIFIC PURPOSE; APPROPRIATING
4 MONEYS FROM THE IDAHO PETROLEUM CLEAN WATER TRUST FUND TO THE AMERICAN
5 TRUCKING ASSOCIATION SETTLEMENT FUND; APPROPRIATING MONEYS FROM THE BUDGET
6 STABILIZATION FUND TO THE AMERICAN TRUCKING ASSOCIATION SETTLEMENT FUND;
7 PROVIDING FOR REPAYMENT TO THE IDAHO PETROLEUM CLEAN WATER TRUST FUND FROM
8 THE HIGHWAY DISTRIBUTION ACCOUNT; PROVIDING FOR TRANSFER OF UP TO SEVEN-
9 TEEN MILLION DOLLARS IN FISCAL YEAR 2000 GENERAL FUND SURPLUS TO THE BUD-
10 GET STABILIZATION FUND; AND PROVIDING EFFECTIVE DATES CONTINGENT UPON CER-
11 TIFICATION BY THE SECRETARY OF STATE THAT THE COURT HAS APPROVED A FINAL
12 SETTLEMENT.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. Notwithstanding any other provision of law, the State Trea-
15 surer shall make $10,000,000 in Idaho Petroleum Clean Water Trust Fund moneys
16 available for transfer pursuant to Section 2 of this act.
17 SECTION 2. Notwithstanding any other provision of law, there is hereby
18 appropriated and the State Controller is hereby directed to transfer
19 $10,000,000 from the Idaho Petroleum Clean Water Trust Fund to the American
20 Trucking Association Settlement Fund, established in Section 40-710, Idaho
21 Code.
22 SECTION 3. There is hereby appropriated and the State Controller is
23 hereby directed to transfer $17,000,000 from the Budget Stabilization Fund to
24 the American Trucking Association Settlement Fund, established in Section
25 40-710, Idaho Code.
26 SECTION 4. Beginning one month following the effective date of this act,
27 but no sooner than January 1, 2001, when the balance of the Highway Distribu-
28 tion Account contains sufficient funds and before distributions are made pur-
29 suant to Section 40-701(2), Idaho Code, the State Controller shall transfer
30 payments from the Highway Distribution Account to the Idaho Petroleum Clean
31 Water Trust Fund, at terms agreed to by the State Treasurer, State Insurance
32 Fund Manager, and the Director of the Idaho Transportation Department. The
33 State Controller shall make a similar transfer each succeeding month until
34 such time as $10,000,000 plus interest has been repaid. Any outstanding loan
35 balance will not reduce the unencumbered balance of the Idaho Petroleum Clean
36 Water Trust Fund regarding Section 41-4908(10), Idaho Code. The trustee of the
37 Idaho Petroleum Clean Water Trust Fund is hereby directed to coordinate with
38 the State Controller in the transfer of funds and is directed to execute any
39 documents or instruments to effect the loan and shall have no liability what-
40 soever in connection with the loan.
2
1 SECTION 5. Upon the closing of fiscal year 2000, the State Controller
2 shall calculate the amount of any unexpended and unencumbered balance in the
3 General Fund that exceeds $56,100,000. Pursuant to the provisions of Section 6
4 of this act, the State Controller shall transfer that amount to the Budget
5 Stabilization Fund, up to a maximum of $17,000,000.
6 SECTION 6. This act shall be in full force and effect on and after July
7 1, 2000, contingent upon certification by the Secretary of State that he has
8 received notice from the appropriate court of the Fourth Judicial District
9 that the court has granted final approval of a settlement pursuant to Case No.
10 CV OC 9700724D, American Trucking Association, et al. v. State of Idaho, et
11 al., or on and after the date the Secretary of State so certifies final
12 approval of the settlement, whichever occurs later.
| Statement of Purpose |
| RS10367C1 |
This is a $27 million companion appropriation bill to Senate Bill No. 1580. S1580 repeals the weight distance tax and replaces it with an annual registration system. This appropriation bill and S1580 are part of a settlement agreement regarding American Trucking Association et al. v. State of Idaho et al. and are contingent upon certification by the Secretary of State that he has received notice from the appropriate court of the Fourth Judicial District that the court has granted final approval of the settlement agreement.
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| Fiscal Note |
This bill appropriates $27 million to the American Trucking Association Settlement Fund to satisfy the settlement agreement pursuant to Case No. CV OC 9700724D, in the fourth judicial district, in accordance with the terms of such agreement. Of the total, $17,000,000 is appropriated from the Budget Stabilization Fund and $10,000,000 is appropriated from the Petroleum Clean Water Trust Fund. The $10 million from the Petroleum Clean Water Trust Fund is a loan and will be repaid from the Highway Distribution Account at terms agreed to by the State Treasurer, The Manager of the State Insurance Fund, and the Director of the Idaho Transportation Department. (Although not specified in the legislation, the terms discussed were in the range of a 4 to 5 year period with a 6 to 8% interest rate). The legislation also includes a surplus eliminator to reimburse the Budget Stabilization Fund up to $17 million from the General Fund should sufficient unencumbered balances be available at year end.
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Contact: Ray Houston 334-4741
Legislative Services Office, Budget & Policy Analysis
| Statement of Purpose/Fiscal Note | Bill No. H819 |