2000 Legislation
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SENATE BILL NO. 1427 – Search/Rescue Fund, 4 subaccounts

SENATE BILL NO. 1427

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Daily Data Tracking History



S1427......................................................by STATE AFFAIRS
SEARCH AND RESCUE FUND - Amends existing law to provide that moneys in the
Search and Rescue Fund shall be maintained in four subaccounts; to increase
the maximum amount of money that may be reimbursed to county sheriffs for
search and rescue missions conducted by their office; to provide that
recreational vehicle registration fees and motor fuels tax revenues shall
be deposited to the credit of the cost reimbursement subaccount; to provide
procedures for allocation of moneys to the accounts; to provide formulas
for reimbursement; to provide reimbursement procedures; and to provide for
return of investment earnings to the Search and Rescue Fund.
                                                                        
02/15    Senate intro - 1st rdg - to printing
02/16    Rpt prt - to St Aff
02/24    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
03/02    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Walton, Wheeler, Whitworth, Williams
      NAYS--None
      Absent and excused--King-Barrutia
    Floor Sponsor - Whitworth
    Title apvd - to House
03/03    House intro - 1st rdg - to St Aff
03/14    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/29    3rd rdg - PASSED - 63-0-7
      AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel,
      Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
      Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley,
      McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
      Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Sellman, Shepherd,
      Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail,
      Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Barrett, Crow, Judd, Kellogg, Schaefer,
      Wheeler, Mr Speaker
    Floor Sponsor - Campbell
    Title apvd - to Senate
03/30    To enrol - rpt enrol - Pres signed
03/31    Sp signed
04/03    To Governor
04/04    Governor signed
         Session Law Chapter 186
         Effective: 07/01/00

Bill Text


 S1427
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1427
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SEARCH AND RESCUE; AMENDING SECTION 67-2913, IDAHO CODE,  TO  PRO-
  3        VIDE THAT MONEYS IN THE SEARCH AND RESCUE FUND SHALL BE MAINTAINED IN FOUR
  4        SUBACCOUNTS,  TO  INCREASE  THE  MAXIMUM AMOUNT OF MONEY THAT MAY BE REIM-
  5        BURSED TO COUNTY SHERIFFS FOR SEARCH  AND  RESCUE  MISSIONS  CONDUCTED  BY
  6        THEIR  OFFICE,  TO PROVIDE THAT RECREATIONAL VEHICLE REGISTRATION FEES AND
  7        MOTOR FUELS TAX REVENUES SHALL BE DEPOSITED TO  THE  CREDIT  OF  THE  COST
  8        REIMBURSEMENT  SUBACCOUNT,  TO PROVIDE PROCEDURES FOR ALLOCATION OF MONEYS
  9        TO THE SUBACCOUNTS, TO PROVIDE  FORMULAS  FOR  REIMBURSEMENT,  TO  PROVIDE
 10        REIMBURSEMENT  PROCEDURES AND TO PROVIDE FOR RETURN OF INVESTMENT EARNINGS
 11        TO THE SEARCH AND RESCUE FUND; AMENDING SECTION  49-448,  IDAHO  CODE,  TO
 12        PROVIDE  A  CORRECT IDAHO CODE CITATION AND TO PROVIDE CORRECT FUND NAMES;
 13        AMENDING SECTION 63-2412, IDAHO CODE, TO PROVIDE FOR A CORRECT IDAHO  CODE
 14        CITATION,  TO  PROVIDE  A  CORRECT FUND NAME AND TO MAKE TECHNICAL CORREC-
 15        TIONS.
                                                                        
 16    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 17        SECTION 1.  That Section 67-2913, Idaho Code, be, and the same  is  hereby
 18    amended to read as follows:
                                                                        
 19        67-2913.  SEARCH  AND  RESCUE ACCOUNT FUND. There is hereby created in the
 20    dedicated fund state treasury the search and rescue account fund.
 21        (1)  Moneys in the account fund shall be maintained in two  (2)  four  (4)
 22    subaccounts,  identified  respectively as the "cost reimbursement subaccount,"
 23    the "training  subaccount,"  the  "catastrophic  search  subaccount"  and  the
 24    "equipment  purchase  matching  subaccount."  Moneys in the cost reimbursement
 25    subaccount are perpetually appropriated to and shall be used by  the  director
 26    of  the  department  of  law enforcement for the purpose of defraying costs of
 27    search and rescue missions conducted by the county sheriff's office at a maxi-
 28    mum of two four thousand dollars ($24,000) per rescue mission,  regardless  of
 29    the number of counties or county search and rescue organizations involved. One
 30    hundred  percent (100%) of the moneys received pursuant to sections 49-448 and
 31    63-2412, Idaho Code, shall be deposited to the credit of the  cost  reimburse-
 32    ment  subaccount.  Of the additional fine imposed pursuant to section 36-1405,
 33    Idaho Code, fifty percent (50%) shall be deposited to the credit of  the  cost
 34    reimbursement  subaccount.  In the event the balance in the cost reimbursement
 35    subaccount exceeds fifty twenty-five thousand dollars ($250,000),  the  amount
 36    in excess shall be transferred to the equipment purchase matching subaccount.
 37        (2)  Fifty percent (50%) of the moneys received pursuant to the provisions
 38    of  section 36-1405, Idaho Code, and any amount in excess of fifty twenty-five
 39    thousand dollars ($250,000) in the cost  reimbursement  subaccount,  shall  be
 40    deposited in the search and rescue account to the credit of the equipment pur-
 41    chase matching subaccount, and are perpetually appropriated to the director of
 42    the  department  of law enforcement for the purposes of the subaccount. Moneys
 43    in the equipment purchase matching subaccount shall be used by the director to
                                                                        
                                           2
                                                                        
  1    match local funds for the purchase of equipment for use by  local  search  and
  2    rescue units, at a maximum amount of two thousand dollars ($2,000) per unit in
  3    any  single  year.  The  cost sharing match in the equipment purchase matching
  4    subaccount shall be thirty-five percent (35%) local funds to  sixty-five  per-
  5    cent  (65%)  from the equipment purchase matching subaccount. In the event the
  6    balance in the equipment purchase matching subaccount exceeds fifteen thousand
  7    dollars ($15,000), the amount in excess shall be transferred to  the  training
  8    subaccount.
  9        (3)  Excess  moneys  described  in subsection (2) of this section shall be
 10    deposited to the credit of the training subaccount. In the event  the  balance
 11    of  the  training  subaccount  exceeds  twenty thousand dollars ($20,000), the
 12    amount in excess shall be transferred to the catastrophic  search  subaccount.
 13    Such  moneys  shall be perpetually appropriated to the director of the depart-
 14    ment of law enforcement for the purposes of the  subaccounts.  Moneys  in  the
 15    training subaccount shall be used by the director for the purpose of providing
 16    training funds to sheriffs' offices for search and rescue training, to a maxi-
 17    mum  of two thousand dollars ($2,000) per training exercise, regardless of the
 18    number of counties or county search and rescue organizations involved.
 19        (4)  Moneys in the catastrophic search subaccount shall  be  used  by  the
 20    director  for  the  purpose of providing reimbursement to the sheriff's office
 21    for searches and rescues costing in excess of four thousand dollars  ($4,000).
 22    Claims  for  reimbursement  by  sheriffs' offices shall be made on a quarterly
 23    basis and reimbursements shall be made by  the  director  once  each  quarter.
 24    Reimbursement  of each claim shall be made by the director as follows: (a) the
 25    first four thousand dollars ($4,000) of a claim shall be reimbursed  from  the
 26    cost  reimbursement subaccount; (b) the remainder of each claim exceeding four
 27    thousand dollars ($4,000) shall be reimbursed  from  the  catastrophic  search
 28    subaccount.  In  the  event  that  there  are insufficient moneys in the cata-
 29    strophic search subaccount to fully reimburse all catastrophic  search  claims
 30    in a given quarter, the director shall partially reimburse each claim on a pro
 31    rata  basis.  A  sheriff's  office  may  seek  further  reimbursement  for any
 32    unreimbursed portion of a claim in the following quarters.
 33        (5)  The state treasurer shall invest all moneys in the search and  rescue
 34    fund  and  the  interest  and  proceeds  earned  on  such investments shall be
 35    returned to the search and rescue fund.
                                                                        
 36        SECTION 2.  That Section 49-448, Idaho Code, be, and the  same  is  hereby
 37    amended to read as follows:
                                                                        
 38        49-448.  DISPOSITION  OF  FEES.  The  revenues  received  from  the annual
 39    license fees imposed by section 49-445, Idaho Code, for  recreational  vehicle
 40    registration  shall  be  paid over monthly to the county treasurer, to be dis-
 41    tributed as follows:
 42        (1)  Two dollars ($2.00) from each recreational vehicle license sold shall
 43    be apportioned to the county current expense fund, which shall be deemed  nec-
 44    essary costs of collection and administration;
 45        (2)  From the balance remaining, ninety-nine percent (99%) shall be trans-
 46    mitted  to  the  state  treasurer  for deposit in an account fund known as the
 47    "state recreational vehicle account fund," which is established in  the  dedi-
 48    cated fund of the state treasury, and one percent (1%) shall be distributed to
 49    the search and rescue account fund created in section 67-29013, Idaho Code.
                                                                        
 50        SECTION  3.  That  Section 63-2412, Idaho Code, be, and the same is hereby
 51    amended to read as follows:
                                                                        
                                           3
                                                                        
  1        63-2412.  DISTRIBUTION OF TAX REVENUES. (1) The revenues received from the
  2    taxes imposed by sections 63-2402 and 63-2405, Idaho Code, and any  penalties,
  3    interest,  or deficiency additions, or from the fees imposed by the commission
  4    under the provisions  of section 63-2409, Idaho  Code,  shall  be  distributed
  5    periodically as follows:
  6        (a)  An  amount  of money equal to the actual cost of collecting, adminis-
  7        tering and enforcing the gasoline tax requirements by the  commission,  as
  8        determined  by it shall be retained by the commission. The amount retained
  9        by the commission shall not exceed the amount authorized to be expended by
 10        appropriation by the legislature. Any unencumbered balance  in  excess  of
 11        the  actual  cost  of collecting, administering and enforcing the gasoline
 12        tax requirements by the commission at the end of each fiscal year shall be
 13        distributed as listed in paragraph (e) of this subsection.
 14        (b)  An amount of money shall be distributed to the state  refund  account
 15        sufficient  to  pay  current  refund claims. All refunds authorized by the
 16        commission to be paid shall be paid from  the  state  refund  account  and
 17        those moneys are hereby continuously appropriated for that purpose.
 18        (c)  As  soon as possible after the beginning of each fiscal year, the sum
 19        of two hundred fifty thousand dollars ($250,000) shall be  distributed  to
 20        the  railroad  grade crossing protection account in the dedicated fund, to
 21        pay the amounts from the account pursuant to  the  provisions  of  section
 22        62-304C, Idaho Code.
 23        (d)  As  soon as possible after the beginning of each fiscal year, the sum
 24        of one hundred thousand dollars ($100,000) shall  be  distributed  to  the
 25        local  bridge inspection account in the dedicated fund, to pay the amounts
 26        from the account pursuant to the provisions of section 40-703, Idaho Code.
 27        (e)  From the balance remaining with the commission after distributing the
 28        amounts in paragraphs (a) through (d) of subsection (1) of this section:
 29             1.  One and twenty-eight hundredths per cent percent (1.28%) shall be
 30             distributed as follows: sixty-six per cent percent (66%) of  the  one
 31             and  twenty-eight  hundredths  per cent percent (1.28%) shall be dis-
 32             tributed to the waterways improvement account, as created in  chapter
 33             15,  title 57, Idaho Code. Up to twenty per cent percent (20%) of the
 34             moneys distributed to the waterways  improvement  account  under  the
 35             provisions  of  this paragraph may be used by the department of parks
 36             and recreation to defray administrative costs. Any moneys  unused  at
 37             the  end of the fiscal year by the department of parks and recreation
 38             shall be returned to the state treasurer for deposit in the waterways
 39             improvement account. Thirty-three per cent percent (33%) of  the  one
 40             and  twenty-eight  hundredths  per cent percent (1.28%) shall be dis-
 41             tributed into the park and recreation capital improvement account  as
 42             created  in section 57-1801, Idaho Code. One per cent percent (1%) of
 43             the one and twenty-eight hundredths per cent percent (1.28%) shall be
 44             distributed to the search and rescue account fund created in  section
 45             67-29013, Idaho Code;
 46             2.  One and twenty-eight hundredths per cent percent (1.28%) shall be
 47             distributed  as  follows: sixty-six per cent percent (66%) of the one
 48             and twenty-eight hundredths per cent percent (1.28%)  shall  be  dis-
 49             tributed to the off-road motor vehicle account, as created in section
 50             57-1901,  Idaho  Code.  Up  to  twenty  per cent percent (20%) of the
 51             moneys distributed to the off-road  motor  vehicle  account  by  this
 52             subpart  may  be  used  by  the department of parks and recreation to
 53             defray administrative costs. Any moneys unused at the end of the fis-
 54             cal year by the department of parks and recreation shall be  returned
 55             to  the  state  treasurer  for  deposit in the off-road motor vehicle
                                                                        
                                           4
                                                                        
  1             account. Thirty-three per cent percent (33%) of the one  and  twenty-
  2             eight  hundredths  per cent percent (1.28%) shall be distributed into
  3             the park and recreation capital improvement  account  as  created  in
  4             section 57-1801, Idaho Code. One per cent percent (1%) of the one and
  5             twenty-eight hundredths per cent percent (1.28%) shall be distributed
  6             to  the  search  and rescue account fund created in section 67-29013,
  7             Idaho Code; and
  8             3.  Forty-four hundredths per cent percent (.44%) shall  be  distrib-
  9             uted  to  the park and recreation capital improvement account as cre-
 10             ated in section 57-1801, Idaho Code, to be  used  solely  to  improve
 11             roads and bridges within and leading to parks and recreation areas of
 12             the state.
 13             4.  The balance remaining shall be distributed to the highway distri-
 14             bution account created in section 40-701, Idaho Code.
 15        (2)  The  revenues  received  from  the  taxes imposed by section 63-2408,
 16    Idaho Code, and any penalties, interest, and deficiency amounts, shall be dis-
 17    tributed as follows:
 18        (a)  An amount of money shall be distributed to the state  refund  account
 19        sufficient  to  pay  current  refund claims. All refunds authorized by the
 20        commission to be paid shall be paid from the  state  refund  account,  and
 21        those moneys are hereby continuously appropriated.
 22        (b)  The balance remaining of all the taxes collected shall be distributed
 23        to  the  state  aeronautics  account, as provided in section 21-211, Idaho
 24        Code.

Statement of Purpose / Fiscal Impact


     
                           
                 STATEMENT OF PURPOSE
                       RS09945 
                           
     The state search and rescue account is currently funded by a $7.50 fine to those
     persons convicted of certain hunting and fishing violations, a very small
     percentage of the fuel tax, and 1% of recreational vehicle registration fees. 
     
     Searches and rescues are often lengthy and quite expensive. The cost of these
     searches and rescues above $2,000 must be borne by the county taxpayer.   This
     bill creates a mechanism through existing state law for reimbursement to the
     counties for costs of searches and rescues above $2,000, and creates a mechanism
     to provide for training. 
     
     
     
                    FISCAL IMPACT 
     
     This bill has no impact on the general fund. 
     
     
     
     
     
     
     
     
     
               CONTACT:  Idaho Sheriff's Association, Michael J. Kane
               Phone:    342-4545 
     
     
                                             STATEMENT OF PURPOSE/FISCAL NOTE                            S 1427