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H0345................................by JUDICIARY, RULES AND ADMINISTRATION
FINES - FORFEITURES - Amends existing law to provide that of certain fines
and forfeitures apportioned to the State Treasurer, a designated portion
shall be deposited to the state's General Fund and a designated portion
shall be deposited to the Peace Officers Standards and Training Fund.
02/28 House intro - 1st rdg - to printing
03/01 Rpt prt - to Jud
03/02 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 54-10-6
AYES -- Barraclough, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford,
Bruneel, Campbell, Chase, Collins, Cuddy, Denney, Eskridge,
Field(13), Gagner, Gould, Hammond, Henbest, Higgins, Hornbeck,
Jaquet, Jones, Kellogg, Kunz, Loertscher, Mader, Marley, McKague,
Meyer, Montgomery, Mortensen, Moss, Moyle, Pischner, Pomeroy,
Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wheeler, Young, Mr.
Speaker
NAYS -- Barrett, Clark, Crow, Ellis, Hadley, Harwood, Kendell, Lake,
Pearce, Wood
Absent and excused -- Callister, Deal, Ellsworth, Field(20),
Langford, Raybould
Floor Sponsor -- Gould
Title apvd - to Senate
03/07 Senate intro - 1st rdg - to Jud
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/20 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Branch, Boatright, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- None
Floor Sponsor -- Darrington
Title apvd - to House
03/21 To enrol
03/22 Rpt enrol - Sp signed - Pres signed - to Gov
03/23 Governor signed
Session Law Chapter 179
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 345
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO PAYMENTS OF FINES AND FORFEITURES; AMENDING SECTION 19-4705, IDAHO
3 CODE, TO PROVIDE THAT OF CERTAIN FINES AND FORFEITURES APPORTIONED TO THE
4 STATE TREASURER, A DESIGNATED PORTION SHALL BE DEPOSITED TO THE STATE GEN-
5 ERAL FUND AND A DESIGNATED PORTION SHALL BE DEPOSITED TO THE PEACE OFFI-
6 CERS STANDARDS AND TRAINING FUND AND TO MAKE A TECHNICAL CORRECTION.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 19-4705, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 19-4705. PAYMENT OF FINES AND FORFEITURES -- SATISFACTION OF JUDGMENT --
11 DISPOSITION -- APPORTIONMENT. (a) All fines and forfeitures collected pursuant
12 to the judgment of any court of the state shall be remitted to the court in
13 which the judgment was rendered. The judgment shall then be satisfied by entry
14 in the docket of the court. The clerk of the court shall daily remit all fines
15 and forfeitures to the county auditor who shall at the end of each month
16 apportion the proceeds according to the provisions of this act. Other existing
17 laws regarding the disposition of fines and forfeitures are hereby repealed to
18 the extent such laws are inconsistent with the provisions of this act except
19 as provided in section 49-1013(3), Idaho Code.
20 (b) Fines and forfeitures remitted for violations of fish and game laws
21 shall be apportioned two and one-half percent (2 1/2%) to the state treasurer
22 for deposit in the state general account, ten percent (10%) to the search and
23 rescue account, twenty-two and one-half percent (22 1/2%) to the district
24 court fund and sixty-five percent (65%) to the fish and game fund.
25 (c) Fines and forfeitures remitted for violations of state motor vehicle
26 laws, for violation of state driving privilege laws, and for violation of
27 state laws prohibiting driving while under the influence of alcohol, drugs or
28 any other intoxicating substances, shall be apportioned ten percent (10%) to
29 the state treasurer for deposit in the state general account of which ninety
30 percent (90%) shall be deposited to the state general fund and ten percent
31 (10%) shall be deposited to the peace officers standards and training fund
32 authorized in section 19-5116, Idaho Code, forty-five percent (45%) to the
33 state treasurer for deposit in the highway distribution account, twenty-two
34 and one-half percent (22 1/2%) to the district court fund and twenty-two and
35 one-half percent (22 1/2%) to the state treasurer for deposit in the public
36 school income fund; provided, however, that fines and forfeitures remitted for
37 violation of state motor vehicle laws, for violation of state driving privi-
38 lege laws, and for violation of state laws prohibiting driving while under the
39 influence of alcohol, drugs or any other intoxicating substances, where an
40 arrest is made or a citation is issued by a city law enforcement official, or
41 by a law enforcement official of a governmental agency under contract to pro-
42 vide law enforcement services for a city, shall be apportioned ten percent
43 (10%) to the state treasurer for deposit in the state general account of which
2
1 ninety percent (90%) shall be deposited to the state general fund and ten per-
2 cent (10%) shall be deposited to the peace officers standards and training
3 fund authorized in section 19-5116, Idaho Code, and ninety percent (90%) to
4 the city whose officer made the arrest or issued the citation.
5 (d) Fines and forfeitures remitted for violation of any state law not
6 involving fish and game laws, or motor vehicle laws, or state driving privi-
7 lege laws, or state laws prohibiting driving while under the influence of
8 alcohol, drugs or any other intoxicating substances, shall be apportioned ten
9 percent (10%) to the state treasurer for deposit in the state general account
10 of which ninety percent (90%) shall be deposited to the state general fund and
11 ten percent (10%) shall be deposited to the peace officers standards and
12 training fund authorized in section 19-5116, Idaho Code, and ninety percent
13 (90%) to the district court fund of the county in which the violation
14 occurred.
15 (e) Fines and forfeitures remitted for violation of county ordinances
16 shall be apportioned ten percent (10%) to the state treasurer for deposit in
17 the state general account of which ninety percent (90%) shall be deposited to
18 the state general fund and ten percent (10%) shall be deposited to the peace
19 officers standards and training fund authorized in section 19-5116, Idaho
20 Code, and ninety percent (90%) to the district court fund of the county whose
21 ordinance was violated.
22 (f) Fines and forfeitures remitted for violation of city ordinances shall
23 be apportioned ten percent (10%) to the state treasurer for deposit in the
24 state general account of which ninety percent (90%) shall be deposited to the
25 state general fund and ten percent (10%) shall be deposited to the peace offi-
26 cers standards and training fund authorized in section 19-5116, Idaho Code,
27 and ninety percent (90%) to the city whose ordinance was violated.
28 (g) Fines and forfeitures remitted for violations not specified in this
29 act shall be apportioned ten percent (10%) to the state treasurer for deposit
30 in the state general account of which ninety percent (90%) shall be deposited
31 to the state general fund and ten percent (10%) shall be deposited to the
32 peace officers standards and training fund authorized in section 19-5116,
33 Idaho Code, and ninety percent (90%) to the district court fund of the county
34 in which the violation occurred except in cases where a duly designated offi-
35 cer of any city police department or city law enforcement official shall have
36 made the arrest for any such violation, in which case ninety percent (90%)
37 shall be apportioned to the city whose officer made the arrest.
38 (h) Fines and forfeitures remitted for violations involving registrations
39 of motorcycles or motor-driven cycles used off highways, snowmobiles, or use
40 of winter recreation parking areas shall be apportioned ten percent (10%) to
41 the state treasurer for deposit to the state general account of which ninety
42 percent (90%) shall be deposited to the state general fund and ten percent
43 (10%) shall be deposited to the peace officers standards and training fund
44 authorized in section 19-5116, Idaho Code, and ninety percent (90%) to the
45 general account fund of the county or city whose law enforcement official
46 issued the citation.
47 (i) Fines and forfeitures remitted for violations of overweight laws as
48 provided in section 49-1013(3), Idaho Code, shall be deposited one hundred
49 percent (100%) into the highway distribution account.
50 (j) As used in this section, the term "city law enforcement official"
51 shall include an official of any governmental agency which is providing law
52 enforcement services to a city in accordance with the terms of a contract or
53 agreement, when such official makes the arrest or issues a citation within the
54 geographical limits of the city and when the contract or agreement provides
55 for payment to the city of fines and forfeitures resulting from such service.
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STATEMENT OF PURPOSE
RS 11185
The purpose of this legislation is to add an ongoing
funding stream, in addition to the fine revenue generated
by Section 3l-32OlB, Idaho Code, to operate the Idaho Peace
Officers Standards and Training Academy (POST). If
revenues are not increased it is projected that the POST
Fund will be depleted by the end of FY 2002. This bill
increases the amount going to the POST Fund by redirecting
10% of the total amount that goes to the General Fund from
fines and forfeitures for violations of state law related
to driving motor vehicles. The remaining 90% of the amount
collected by county clerks on behalf of the State will
continue to be deposited directly to the General Fund.
FISCAL NOTE
This bill will reduce the amount deposited to the General
Fund by approximately $550,000 in FY 2002. These funds
will instead be deposited to the Peace Officers Standards
and Training Fund. The total amount deposited to the
General Fund for fine collection in FY 2000 was $5,305,700.
DFM's projection for FY 2002 revenues is $5.5 million. Ten
percent of $5.5 million = $550,000.
Contact:
Name: Michael Becar
Phone: 884-7250
Statement of Purpose/Fiscal Impact H345