2000 Legislation
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HOUSE BILL NO. 819 – Approp, American Truck Assn lawsuit

HOUSE BILL NO. 819

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Daily Data Tracking History



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

Bill Text


 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 / Fiscal Impact


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