2001 Legislation
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HOUSE BILL NO. 345 – Fines/forfeitures, deposited, where

HOUSE BILL NO. 345

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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.

Statement of Purpose / Fiscal Impact


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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