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S1331............................................................by FINANCE
ESTATE TAX/TOBACCO MONEYS - Amends existing law to have certain moneys,
which are currently going to the Water Pollution Control Account and
Resource Conservation and Rangeland Development Account from the estate tax
and tobacco moneys, go to the General Fund.
01/28 Senate intro - 1st rdg - to printing
01/31 Rpt prt - to Fin
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 32-0-3
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Danielson, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram,
Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Schroeder, Sorensen, Stegner, Stennett,
Thorne, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Crow, Darrington, Sandy
Floor Sponsor - Lee
Title apvd - to House
03/15 House intro - 1st rdg - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/20 3rd rdg - PASSED - 66-0-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jones,
Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Mader, Marley,
McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner,
Pomeroy, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd,
Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail,
Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Jaquet, Loertscher, Moss, Reynolds
Floor Sponsor - Robison
Title apvd - to Senate
03/21 To enrol
03/22 Rpt enrol - Pres signed
03/23 Sp signed
03/24 To Governor
03/28 Governor signed
Session Law Chapter 60
Effective: 07/01/00
S1331
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1331
BY FINANCE COMMITTEE
1 AN ACT
2 RELATING TO THE GENERAL FUND; AMENDING SECTION 14-413, IDAHO CODE, TO HAVE
3 CERTAIN ESTATE TAX RECEIPTS CURRENTLY BEING REMITTED TO THE RESOURCE CON-
4 SERVATION AND RANGELAND DEVELOPMENT ACCOUNT AND THE WATER POLLUTION CON-
5 TROL ACCOUNT BE REMITTED TO THE GENERAL FUND OF THE STATE OF IDAHO; AMEND-
6 ING SECTION 63-2520, IDAHO CODE, TO DELETE THE PERCENTAGE DISTRIBUTION
7 FROM THE CIGARETTE TAX TO THE WATER POLLUTION CONTROL ACCOUNT AND TO MAKE
8 A TECHNICAL CORRECTION; AMENDING SECTION 63-2564, IDAHO CODE, TO HAVE
9 MONEYS CURRENTLY REMITTED TO THE WATER POLLUTION CONTROL ACCOUNT BE REMIT-
10 TED TO THE GENERAL FUND OF THE STATE OF IDAHO AND TO MAKE TECHNICAL COR-
11 RECTIONS; AND PROVIDING AN EFFECTIVE DATE.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 14-413, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 14-413. DISTRIBUTION OF RECEIPTS. The commission shall collect all taxes
16 and moneys that may be due under this act, and remit such moneys to the state
17 treasurer. Such moneys shall be distributed as follows:
18 (1) Ten percent (10%) of such moneys shall be distributed into a suspense
19 account for payment to the county treasurer of the county in which venue for
20 probate and administration lies, pursuant to section 15-3-201, Idaho Code,
21 regardless of whether such probate or administration was, in fact, instituted.
22 Such moneys shall be paid by the commission to the appropriate counties not
23 less than quarterly, and shall be credited to the county current expense fund.
24 (2) An amount of money shall be distributed to the state refund account
25 sufficient to pay current refund claims. All refunds authorized by the commis-
26 sion to be paid shall be paid through the state refund account, and those
27 moneys are hereby continuously appropriated for that purpose. Such refunds
28 shall be authorized for the purpose of repaying overpayments made under the
29 transfer and inheritance tax act, for the purpose of repaying any other erro-
30 neous receipts under such tax, for the purpose of repaying any tax, penalty,
31 or interest illegally assessed or collected, or for the purpose of paying any
32 judgment rendered against the commission under the terms and provisions of
33 this act.
34 (3) The balance remaining after distributing the amounts in subsections
35 (1) and (2) of this section shall be distributed as follows:
36 (a) Ten percent (10%) shall be distributed to the resource conservation
37 and rangeland development account created in section 22-2730, Idaho Code;
38 and
39 (b) The remainder shall be distributed to the water pollution control
40 account to the general fund of the state of Idaho.
41 SECTION 2. That Section 63-2520, Idaho Code, be, and the same is hereby
42 amended to read as follows:
2
1 63-2520. DISTRIBUTION OF MONEYS COLLECTED. Revenues received from the
2 taxes imposed by this chapter, and any revenues received from licenses, per-
3 mits, penalties, interest, or deficiency additions, shall be distributed by
4 the tax commission as follows:
5 (a) An amount of money shall be distributed to the state refund account
6 sufficient to pay current refund claims. All refunds authorized under this
7 chapter by the commission shall be paid through the state refund account, and
8 those moneys are continuously appropriated.
9 (b) The balance remaining with the state treasurer after deducting the
10 amount described in paragraph (a) above shall be distributed as follows:
11 (1) 43.3% of such balance shall be distributed to the permanent building
12 account created by section 57-1108, Idaho Code.
13 (2) 6.7% of such balance shall be distributed to the water pollution con-
14 trol account.
15 (3) 1% of such balance shall be distributed to the central tumor registry
16 account. The amount of money so distributed to the central tumor registry
17 account shall not exceed the fiscal year's appropriation, and at such time
18 as the appropriation has been distributed to the central tumor registry
19 account during any fiscal year, all such distributions in excess of the
20 appropriation shall be made instead to the general account fund of the
21 state of Idaho.
22 (43) 2.5% of such balance shall be distributed to the cancer control
23 account created by section 57-1702, Idaho Code. Revenues received in the
24 cancer control account shall be paid over to the state treasurer by the
25 state tax commission to be distributed as follows:
26 (i) Such amounts as are appropriated for purposes specified in sec-
27 tion 57-1702, Idaho Code, shall be expended as appropriated;
28 (ii) Any balance remaining in the cancer control account on June 30
29 of any fiscal year after the amounts withdrawn by appropriation have
30 been deducted, shall be reserved for transfer to the general account
31 fund on July 1 and the state controller shall order such transfer.
32 (54) All remaining moneys shall be distributed to the general account
33 fund of the state of Idaho.
34 SECTION 3. That Section 63-2564, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 63-2564. DISTRIBUTION OF TAX REVENUES. (1) The revenues received from the
37 taxes imposed by section 63-2552, Idaho Code, and any penalties, interest, or
38 deficiency additions, shall be distributed by the tax commission as follows:
39 (a) An amount of money shall be distributed to the state refund account,
40 sufficient to pay current refund claims. All refunds authorized by the
41 commission shall be paid through the state refund account, and those
42 moneys are continuously appropriated.
43 (b) From the balance remaining with the state treasurer after deducting
44 the amounts in subsection (a) above of this section, all remaining moneys
45 shall be remitted directly to the water pollution control account estab-
46 lished in chapter 36, title 39, Idaho Code, to the general fund of the
47 state of Idaho and shall be remitted to that account fund periodically,
48 but no less frequently than quarterly.
49 SECTION 4. This act shall be in full force and effect on and after July
50 1, 2000.
STATEMENT OF PURPOSE
RS09583C1
The revenue sources to the Resource Conservation and Rangeland
Development Fund and the Water Pollution Control Fund are
predictable and unable to meet the current and projected
needs of these two dedicated funds. This legislation shifts
the distribution of the estate tax currently diverted to
these dedicated funds to the state General Fund. It also
shifts the distribution of the cigarette and tobacco product
taxes from the Water Pollution Control Fund to the state
General Fund. The stability of the state's General Fund
allows for more flexibility to accommodate recent and future
predicted declines in cigarette and tobacco product taxes as
well as the large swings in estate tax revenue the state has
experienced over the last ten years. This legislation is
consistent with the Governor's recommendation to shift funding
in the Soil Conservation Commission budget from the Resource
Conservation and Rangeland Development Fund to the General
Fund.It also shifts funding in the Division of Environmental
Quality budget from the Water Pollution Control Fund to the
General Fund. The Resource Conservation and Rangeland Development
Fund will be used primarily to fund a continuously appropriated
rangeland and agricultural water quality loan program. Its
revenue source will be loan repayments and interest earnings.
The Water Pollution Control Fund will be used primarily to
provide the state's match for the continuously appropriated
federal clean water and safe drinking water loan programs.
Its revenue source will be an annual $4,800,000 transfer from
the state sales tax.
FISCAL IMPACT
Transferring estate, cigarette, and tobacco product taxes
that currently go to these two dedicated funds to the General
Fund is expected to generate $11.2 million in FY 2001. The
Governor is also recommending a one-time $5.0 million transfer
from the Water Pollution Control Fund to the General Fund in
FY 2001. On the expenditure side, the Governor's FY 2001
budget recommends fund shifts totaling $14.0 million to
replace these two dedicated funds. The net impact is a positive
$2.2 million to the FY 2001 General Fund.
CONTACT
Name: Larry Schlicht
Agency: Division of Financial Management
Phone: 334-3903
Statement of Purpose/Fiscal Impact S 1331