View Daily Data Tracking History
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
S1382aa...............................................by HEALTH AND WELFARE CHILDREN'S TRUST FUND - Amends and repeals existing law to change the name of the Children's Trust Account to the Children's Trust Fund; to remove language that the fund be abolished; and to provide for reports on the effectiveness of the board's activities in fostering the prevention of child abuse and neglect. 02/06 Senate intro - 1st rdg - to printing 02/07 Rpt prt - to Health/Wel 02/13 Rpt out - to 14th Ord 02/18 Rpt out amen - to engros 02/19 Rpt engros - 1st rdg - to 2nd rdg as amen 02/20 2nd rdg - to 3rd rdg as amen 02/21 3rd rdg as amen - PASSED - 30-0-5 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, Little, Lodge, Noh, Richardson, Risch(Risch), Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams NAYS -- None Absent and excused -- Frasure, Geddes, King-Barrutia, Marley, Sandy Floor Sponsor - Ipsen Title apvd - to House 02/22 House intro - 1st rdg - to Health/Wel 03/01 Rpt out - rec d/p - to 2nd rdg 03/04 2nd rdg - to 3rd rdg 03/08 3rd rdg - PASSED - 62-0-8 AYES -- Aikele, Barraclough, Barrett, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Collins, Cuddy, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Hadley, Hammond, Harwood, Henbest, Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker NAYS -- None Absent and excused -- Bedke, Clark, Crow, Deal, Gould, Higgins, Mortensen, Schaefer Floor Sponsor - Montgomery Title apvd - to Senate 03/11 To enrol 03/12 Rpt enrol - Pres signed - Sp signed 03/13 To Governor 03/26 Governor signed Session Law Chapter 292 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1382 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO THE CHILDREN'S TRUST FUND; AMENDING THE CHAPTER HEADING OF CHAPTER 3 60, TITLE 39, IDAHO CODE; AMENDING SECTION 39-6001, IDAHO CODE, TO CHANGE 4 THE TERM ACCOUNT TO FUND; AMENDING SECTION 39-6002, IDAHO CODE, TO CHANGE 5 THE TERM ACCOUNT TO FUND AND TO MAKE A TECHNICAL CORRECTION; AMENDING SEC- 6 TION 39-6003, IDAHO CODE, TO DELETE LANGUAGE REGARDING CONTRACTING FOR 7 CERTAIN PROGRAMS, TO CHANGE THE TERM ACCOUNT TO FUND, TO PROVIDE FOR A 8 REPORT ON THE EFFECTIVENESS OF ACTIVITIES OF THE CHILDREN'S TRUST FUND 9 BOARD IN FOSTERING THE PREVENTION OF CHILD ABUSE AND NEGLECT, TO PROVIDE A 10 CORRECT CODE REFERENCE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SEC- 11 TION 39-6005, IDAHO CODE, TO CHANGE THE TERM ACCOUNT TO FUND; REPEALING 12 SECTION 39-6006, IDAHO CODE; AMENDING SECTION 39-6007, IDAHO CODE, TO 13 CHANGE THE TERM ACCOUNT TO FUND AND TO DELETE LANGUAGE THAT THE ACCOUNT 14 SHALL BE ABOLISHED; AMENDING SECTION 39-6008, IDAHO CODE, TO CHANGE THE 15 TERM ACCOUNT TO FUND; AMENDING SECTION 63-3067A, IDAHO CODE, TO CHANGE THE 16 TERM ACCOUNT TO FUND; AND AMENDING SECTION 63-3067B, IDAHO CODE, TO CHANGE 17 THE TERM ACCOUNT TO FUND. 18 Be It Enacted by the Legislature of the State of Idaho: 19 SECTION 1. That the Heading for Chapter 60, Title 39, Idaho Code, be, and 20 the same is hereby amended to read as follows: 21 CHAPTER 60 22 CHILDREN'S TRUSTACCOUNTFUND 23 SECTION 2. That Section 39-6001, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 39-6001. CHILDREN'S TRUSTACCOUNTFUND BOARD -- CREATION. (1) There is 26 hereby created within the department of health and welfare a children's trust 27accountfund and a children's trustaccountfund board to administer the 28 children's trustaccountfund. 29 (2) The children's trustaccountfund board shall consist of a chairper- 30 son and nine (9) other members as follows: 31 (a) The chairperson and six (6) other members of the board shall be 32 appointed by the governor and shall be selected for their interest and 33 expertise in the prevention of child abuse. There shall be one (1) board 34 member appointed from each of the seven (7) judicial districts of the 35 state as enumerated in chapter 8, title 1, Idaho Code. Members shall be 36 appointed to serve for three (3) year terms except that the chairperson 37 and three (3) other members shall initially serve for four (4) years. 38 Vacancies shall be filled for any unexpired term by appointment in the 39 same manner as the original appointments were made. 40 (b) The superintendent of public instruction, the attorney general, and 41 the director of the department of health and welfare or their designees 2 1 shall be members and shall serve as voting members of the children's trust 2accountfund board. 3 (3) A quorum of the children's trustaccountfund board shall consist of 4 a majority of its members which quorum must be present in order to conduct any 5 business. 6 (4) The chairperson of the children's trustaccountfund board shall 7 have no vote except in the event of a tie vote of a quorum of the members of 8 the board. 9 (5) Board members shall be compensated as provided in section 59-509(b), 10 Idaho Code. 11 (6) Members of the children's trustaccountfund board may be removed by 12 the governor for misconduct or failure to carry out the duties provided in 13 this chapter. 14 SECTION 3. That Section 39-6002, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 39-6002. CHILDREN'S TRUSTACCOUNTFUND BOARD -- POWERS AND DUTIES.(1)To 17 carry out the purposes of this chapter, the children's trustaccountfund 18 board may: 19 (a1) Contract with public or private nonprofit organizations, agencies, 20 schools or with qualified individuals for the establishment of community-based 21 educational and service programs designed to reduce the occurrence of child 22 abuse and neglect. Each contract entered into by the board shall contain a 23 provision for the evaluation of services provided under the contract. Con- 24 tracts for services to prevent child abuse and child neglect may be awarded to 25 existing programs and to demonstration projects. Continuation of contracts 26 shall be based upon goal attainment. 27 (b2) Facilitate the exchange of information between groups concerned with 28 families and children. 29 (c3) Consult with state departments, agencies, commissions and boards to 30 help determine the probable effectiveness, fiscal soundness, and need for pro- 31 posed educational and service programs for the prevention of child abuse and 32 neglect. 33 (d4) The children's trustaccountfund board may adopt rulesand regula-34tionspursuant to chapter 52, title 67, Idaho Code, to carry out the provi- 35 sions of this chapter. 36 (e5) Employ and shall fix the compensation of a part-time administrator 37 who shall be designated as the executive director of the board and who shall 38 be exempt from the provisions of chapter 53, title 67, Idaho Code. 39 SECTION 4. That Section 39-6003, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 39-6003. CRITERIA FOR PROGRAMS. (1) Programs contracted for with moneys 42 received pursuant to section 63-3067A, Idaho Code, are intended to provide 43 prevention services. "Prevention services" means any community-based educa- 44 tional or service program designed to prevent or alleviate child abuse or 45 neglect. "Prevention services" shall not include direct treatment programs. 46 (2)Programs contracted for with moneys appropriated by the legislature47may provide training for community-based, multidisciplinary child abuse inves-48tigation teams, and community-based programs to provide for the development of49local interview centers for reported victims of child abuse, including the50purchase of necessary interview equipment.Moneys appropriated by the legisla- 51 ture also may be used for a part-time administrator pursuant to subsection 3 1 (e5) of section 39-6002, Idaho Code. 2 (3) The children's trustaccountfund board shall develop policies to 3 determine whether programs will receive renewed funding. Nothing in this chap- 4 ter shall be construed to require continued funding by the state of Idaho or 5 the children's trustaccountfund board. 6 (4) The children's trustaccountfund board shall prepare a report on its 7 activities and the effectiveness of those activities in fostering the preven- 8 tion of child abuse and neglect annually, and deliver that report to the gov- 9 ernor and legislature each January 15th. 10 SECTION 5. That Section 39-6005, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 39-6005. MATCHING FUNDS. The children's trustaccountfund board, in its 13 discretion, may require a certain percentage of the funding for programs 14 approved by the board be provided by the entity sponsoring or proposing the 15 program. Contributions such as materials, personnel, supplies, physical facil- 16 ities or services may be considered as all or part of the funding provided by 17 the petitioning entity. 18 SECTION 6. That Section 39-6006, Idaho Code, be, and the same is hereby 19 repealed. 20 SECTION 7. That Section 39-6007, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 39-6007. CHILDREN'S TRUSTACCOUNTFUND -- CREATION. (1) There is hereby 23 createdan account in the agency asset fundin the state treasuryto be desig-24natedthe children's trustaccountfund. 25 (2) Theaccountfund shall consist of: 26 (a) Moneys appropriated to theaccountfund; 27 (b) Moneys as provided in section 63-3067A, Idaho Code; 28 (c) Donations, gifts and grants from any source; and 29 (d) Any other moneys which may hereafter be provided by law. 30 (3) Moneys in theaccountfund may be expended for purposes provided in 31 this chapter, provided that the children's trustaccountfund advisory board 32 is authorized to expend up to fifty percent (50%) of the moneys generated 33 annually pursuant to section 63-3067A, Idaho Code. Interest earned on the 34 investment of idle money in the children's trustaccountfund shall be 35 returned to the children's trustaccountfund. 36 (4) Disbursements of moneys from theaccountfund shall be on the autho- 37 rization of the children's trustaccountfund board or a duly authorized rep- 38 resentative of the board. 39 (5) After a total of two million five hundred thousand dollars 40 ($2,500,000) has been distributed to the children's trust account,the account41shall be abolished, andno further collections shall be received by the tax 42 commission, and all references to the account shall be deleted from income tax 43 forms. 44 SECTION 8. That Section 39-6008, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 39-6008. DUTIES OF DEPARTMENT OF HEALTH AND WELFARE. The department of 47 health and welfare under the direction of the children's trustaccountfund 48 board shall be responsible for the management and accounting of moneys 4 1 expended from the children's trustaccountfund. 2 SECTION 9. That Section 63-3067A, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 63-3067A. DESIGNATION BY INDIVIDUALS -- TRUST ACCOUNTS. (a) Every indi- 5 vidual who: 6 (i) Has a refund due and payable for overpayment of taxes under this act 7 may designate all or any portion thereof to be deposited in a trust 8 account specified in subsection (c) below; or 9 (ii) Has an income tax liability may, in addition to his tax obligation, 10 include a donation to be deposited in a trust account specified in subsec- 11 tion (c) of this section. 12 (b) A designation under subsection (a) of this section may be made in any 13 taxable year in such manner and form as prescribed by the state tax commis- 14 sion. The manner and form so prescribed shall be a conspicuous portion of the 15 principal form provided for the purpose of individual taxation. 16 (c) The trust accounts authorized to receive moneys designated under sub- 17 section (a) of this section are: 18 (i) The fish and game set-aside account created by section 36-111, Idaho 19 Code; 20 (ii) The Idaho ag in the classroom account created by section 57-815, 21 Idaho Code; 22 (iii) The drug enforcement donation account created by section 57-816, 23 Idaho Code; 24 (iv) The children's trustaccountfund created by section 39-6007, Idaho 25 Code; and 26 (v) The United States olympic account created by section 57-817, Idaho 27 Code, but no donation shall exceed five dollars ($5.00). 28 (d) Prior to the distribution of funds into any of the trust accounts 29 specified in subsection (c) of this section from the refund account, the state 30 tax commission shall retain funds for the commission's costs for collecting 31 and administering the moneys in the accounts as follows: three thousand dol- 32 lars ($3,000) from each account for start-up costs during the first year of 33 collections, and three thousand dollars ($3,000) or twenty percent (20%) of 34 the moneys remitted to each account during the fiscal year, whichever is less, 35 from each account during each fiscal year thereafter, which amounts are hereby 36 appropriated to the tax commission. 37 SECTION 10. That Section 63-3067B, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 63-3067B. DESIGNATION BY INDIVIDUALS -- TRUST ACCOUNTS. (a) Every resi- 40 dent individual who: 41 (i) Has a refund due and payable for overpayment of taxes under this act 42 may designate all or any portion thereof to be deposited in a trust 43 account specified in subsection (c) below; or 44 (ii) Has an income tax liability may, in addition to his tax obligation, 45 include a donation to be deposited in a trust account specified in subsec- 46 tion (c) of this section. 47 (b) A designation under subsection (a) of this section may be made in any 48 taxable year in such manner and form as prescribed by the state tax commis- 49 sion. The manner and form so prescribed shall be a conspicuous portion of the 50 principal form provided for the purpose of individual taxation. 51 (c) The trust accounts authorized to receive moneys designated under sub- 5 1 section (a) of this section are: 2 (i) The fish and game set-aside account created by section 36-111, Idaho 3 Code; 4 (ii) The Idaho ag in the classroom account created by section 57-815, 5 Idaho Code; 6 (iii) The drug enforcement donation account created by section 57-816, 7 Idaho Code; 8 (iv) The children's trustaccountfund created by section 39-6007, Idaho 9 Code; 10 (v) The United States olympic account created by section 57-817, Idaho 11 Code, but no donation shall exceed five dollars ($5.00); 12 (vi) The Alzheimer's disease services account created in section 57-819, 13 Idaho Code; and 14 (vii) The community forestry trust account created in section 38-136, 15 Idaho Code. 16 (d) Prior to the distribution of funds into any of the trust accounts 17 specified in subsection (c) of this section from the refund account, the state 18 tax commission shall retain funds for the commission's costs for collecting 19 and administering the moneys in the accounts as follows: three thousand dol- 20 lars ($3,000) from each account for start-up costs during the first year of 21 collections, and three thousand dollars ($3,000) or twenty percent (20%) of 22 the moneys remitted to each account during the fiscal year, whichever is less, 23 from each account during each fiscal year thereafter, which amounts are hereby 24 appropriated to the tax commission.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002Moved by Ipsen Seconded by Bartlett IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1382 1 AMENDMENTS TO SECTION 7 2 On page 3 of the printed bill, in line 40, delete "account" and insert: 3 "accountfund"; and in line 42, delete "account" and insert: "accountfund".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1382, As Amended BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO THE CHILDREN'S TRUST FUND; AMENDING THE CHAPTER HEADING OF CHAPTER 3 60, TITLE 39, IDAHO CODE; AMENDING SECTION 39-6001, IDAHO CODE, TO CHANGE 4 THE TERM ACCOUNT TO FUND; AMENDING SECTION 39-6002, IDAHO CODE, TO CHANGE 5 THE TERM ACCOUNT TO FUND AND TO MAKE A TECHNICAL CORRECTION; AMENDING SEC- 6 TION 39-6003, IDAHO CODE, TO DELETE LANGUAGE REGARDING CONTRACTING FOR 7 CERTAIN PROGRAMS, TO CHANGE THE TERM ACCOUNT TO FUND, TO PROVIDE FOR A 8 REPORT ON THE EFFECTIVENESS OF ACTIVITIES OF THE CHILDREN'S TRUST FUND 9 BOARD IN FOSTERING THE PREVENTION OF CHILD ABUSE AND NEGLECT, TO PROVIDE A 10 CORRECT CODE REFERENCE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SEC- 11 TION 39-6005, IDAHO CODE, TO CHANGE THE TERM ACCOUNT TO FUND; REPEALING 12 SECTION 39-6006, IDAHO CODE; AMENDING SECTION 39-6007, IDAHO CODE, TO 13 CHANGE THE TERM ACCOUNT TO FUND AND TO DELETE LANGUAGE THAT THE ACCOUNT 14 SHALL BE ABOLISHED; AMENDING SECTION 39-6008, IDAHO CODE, TO CHANGE THE 15 TERM ACCOUNT TO FUND; AMENDING SECTION 63-3067A, IDAHO CODE, TO CHANGE THE 16 TERM ACCOUNT TO FUND; AND AMENDING SECTION 63-3067B, IDAHO CODE, TO CHANGE 17 THE TERM ACCOUNT TO FUND. 18 Be It Enacted by the Legislature of the State of Idaho: 19 SECTION 1. That the Heading for Chapter 60, Title 39, Idaho Code, be, and 20 the same is hereby amended to read as follows: 21 CHAPTER 60 22 CHILDREN'S TRUSTACCOUNTFUND 23 SECTION 2. That Section 39-6001, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 39-6001. CHILDREN'S TRUSTACCOUNTFUND BOARD -- CREATION. (1) There is 26 hereby created within the department of health and welfare a children's trust 27accountfund and a children's trustaccountfund board to administer the 28 children's trustaccountfund. 29 (2) The children's trustaccountfund board shall consist of a chairper- 30 son and nine (9) other members as follows: 31 (a) The chairperson and six (6) other members of the board shall be 32 appointed by the governor and shall be selected for their interest and 33 expertise in the prevention of child abuse. There shall be one (1) board 34 member appointed from each of the seven (7) judicial districts of the 35 state as enumerated in chapter 8, title 1, Idaho Code. Members shall be 36 appointed to serve for three (3) year terms except that the chairperson 37 and three (3) other members shall initially serve for four (4) years. 38 Vacancies shall be filled for any unexpired term by appointment in the 39 same manner as the original appointments were made. 40 (b) The superintendent of public instruction, the attorney general, and 41 the director of the department of health and welfare or their designees 2 1 shall be members and shall serve as voting members of the children's trust 2accountfund board. 3 (3) A quorum of the children's trustaccountfund board shall consist of 4 a majority of its members which quorum must be present in order to conduct any 5 business. 6 (4) The chairperson of the children's trustaccountfund board shall 7 have no vote except in the event of a tie vote of a quorum of the members of 8 the board. 9 (5) Board members shall be compensated as provided in section 59-509(b), 10 Idaho Code. 11 (6) Members of the children's trustaccountfund board may be removed by 12 the governor for misconduct or failure to carry out the duties provided in 13 this chapter. 14 SECTION 3. That Section 39-6002, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 39-6002. CHILDREN'S TRUSTACCOUNTFUND BOARD -- POWERS AND DUTIES.(1)To 17 carry out the purposes of this chapter, the children's trustaccountfund 18 board may: 19 (a1) Contract with public or private nonprofit organizations, agencies, 20 schools or with qualified individuals for the establishment of community-based 21 educational and service programs designed to reduce the occurrence of child 22 abuse and neglect. Each contract entered into by the board shall contain a 23 provision for the evaluation of services provided under the contract. Con- 24 tracts for services to prevent child abuse and child neglect may be awarded to 25 existing programs and to demonstration projects. Continuation of contracts 26 shall be based upon goal attainment. 27 (b2) Facilitate the exchange of information between groups concerned with 28 families and children. 29 (c3) Consult with state departments, agencies, commissions and boards to 30 help determine the probable effectiveness, fiscal soundness, and need for pro- 31 posed educational and service programs for the prevention of child abuse and 32 neglect. 33 (d4) The children's trustaccountfund board may adopt rulesand regula-34tionspursuant to chapter 52, title 67, Idaho Code, to carry out the provi- 35 sions of this chapter. 36 (e5) Employ and shall fix the compensation of a part-time administrator 37 who shall be designated as the executive director of the board and who shall 38 be exempt from the provisions of chapter 53, title 67, Idaho Code. 39 SECTION 4. That Section 39-6003, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 39-6003. CRITERIA FOR PROGRAMS. (1) Programs contracted for with moneys 42 received pursuant to section 63-3067A, Idaho Code, are intended to provide 43 prevention services. "Prevention services" means any community-based educa- 44 tional or service program designed to prevent or alleviate child abuse or 45 neglect. "Prevention services" shall not include direct treatment programs. 46 (2)Programs contracted for with moneys appropriated by the legislature47may provide training for community-based, multidisciplinary child abuse inves-48tigation teams, and community-based programs to provide for the development of49local interview centers for reported victims of child abuse, including the50purchase of necessary interview equipment.Moneys appropriated by the legisla- 51 ture also may be used for a part-time administrator pursuant to subsection 3 1 (e5) of section 39-6002, Idaho Code. 2 (3) The children's trustaccountfund board shall develop policies to 3 determine whether programs will receive renewed funding. Nothing in this chap- 4 ter shall be construed to require continued funding by the state of Idaho or 5 the children's trustaccountfund board. 6 (4) The children's trustaccountfund board shall prepare a report on its 7 activities and the effectiveness of those activities in fostering the preven- 8 tion of child abuse and neglect annually, and deliver that report to the gov- 9 ernor and legislature each January 15th. 10 SECTION 5. That Section 39-6005, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 39-6005. MATCHING FUNDS. The children's trustaccountfund board, in its 13 discretion, may require a certain percentage of the funding for programs 14 approved by the board be provided by the entity sponsoring or proposing the 15 program. Contributions such as materials, personnel, supplies, physical facil- 16 ities or services may be considered as all or part of the funding provided by 17 the petitioning entity. 18 SECTION 6. That Section 39-6006, Idaho Code, be, and the same is hereby 19 repealed. 20 SECTION 7. That Section 39-6007, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 39-6007. CHILDREN'S TRUSTACCOUNTFUND -- CREATION. (1) There is hereby 23 createdan account in the agency asset fundin the state treasuryto be desig-24natedthe children's trustaccountfund. 25 (2) Theaccountfund shall consist of: 26 (a) Moneys appropriated to theaccountfund; 27 (b) Moneys as provided in section 63-3067A, Idaho Code; 28 (c) Donations, gifts and grants from any source; and 29 (d) Any other moneys which may hereafter be provided by law. 30 (3) Moneys in theaccountfund may be expended for purposes provided in 31 this chapter, provided that the children's trustaccountfund advisory board 32 is authorized to expend up to fifty percent (50%) of the moneys generated 33 annually pursuant to section 63-3067A, Idaho Code. Interest earned on the 34 investment of idle money in the children's trustaccountfund shall be 35 returned to the children's trustaccountfund. 36 (4) Disbursements of moneys from theaccountfund shall be on the autho- 37 rization of the children's trustaccountfund board or a duly authorized rep- 38 resentative of the board. 39 (5) After a total of two million five hundred thousand dollars 40 ($2,500,000) has been distributed to the children's trustaccountfund,the41account shall be abolished, andno further collections shall be received by 42 the tax commission, and all references to theaccountfund shall be deleted 43 from income tax forms. 44 SECTION 8. That Section 39-6008, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 39-6008. DUTIES OF DEPARTMENT OF HEALTH AND WELFARE. The department of 47 health and welfare under the direction of the children's trustaccountfund 48 board shall be responsible for the management and accounting of moneys 4 1 expended from the children's trustaccountfund. 2 SECTION 9. That Section 63-3067A, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 63-3067A. DESIGNATION BY INDIVIDUALS -- TRUST ACCOUNTS. (a) Every indi- 5 vidual who: 6 (i) Has a refund due and payable for overpayment of taxes under this act 7 may designate all or any portion thereof to be deposited in a trust 8 account specified in subsection (c) below; or 9 (ii) Has an income tax liability may, in addition to his tax obligation, 10 include a donation to be deposited in a trust account specified in subsec- 11 tion (c) of this section. 12 (b) A designation under subsection (a) of this section may be made in any 13 taxable year in such manner and form as prescribed by the state tax commis- 14 sion. The manner and form so prescribed shall be a conspicuous portion of the 15 principal form provided for the purpose of individual taxation. 16 (c) The trust accounts authorized to receive moneys designated under sub- 17 section (a) of this section are: 18 (i) The fish and game set-aside account created by section 36-111, Idaho 19 Code; 20 (ii) The Idaho ag in the classroom account created by section 57-815, 21 Idaho Code; 22 (iii) The drug enforcement donation account created by section 57-816, 23 Idaho Code; 24 (iv) The children's trustaccountfund created by section 39-6007, Idaho 25 Code; and 26 (v) The United States olympic account created by section 57-817, Idaho 27 Code, but no donation shall exceed five dollars ($5.00). 28 (d) Prior to the distribution of funds into any of the trust accounts 29 specified in subsection (c) of this section from the refund account, the state 30 tax commission shall retain funds for the commission's costs for collecting 31 and administering the moneys in the accounts as follows: three thousand dol- 32 lars ($3,000) from each account for start-up costs during the first year of 33 collections, and three thousand dollars ($3,000) or twenty percent (20%) of 34 the moneys remitted to each account during the fiscal year, whichever is less, 35 from each account during each fiscal year thereafter, which amounts are hereby 36 appropriated to the tax commission. 37 SECTION 10. That Section 63-3067B, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 63-3067B. DESIGNATION BY INDIVIDUALS -- TRUST ACCOUNTS. (a) Every resi- 40 dent individual who: 41 (i) Has a refund due and payable for overpayment of taxes under this act 42 may designate all or any portion thereof to be deposited in a trust 43 account specified in subsection (c) below; or 44 (ii) Has an income tax liability may, in addition to his tax obligation, 45 include a donation to be deposited in a trust account specified in subsec- 46 tion (c) of this section. 47 (b) A designation under subsection (a) of this section may be made in any 48 taxable year in such manner and form as prescribed by the state tax commis- 49 sion. The manner and form so prescribed shall be a conspicuous portion of the 50 principal form provided for the purpose of individual taxation. 51 (c) The trust accounts authorized to receive moneys designated under sub- 5 1 section (a) of this section are: 2 (i) The fish and game set-aside account created by section 36-111, Idaho 3 Code; 4 (ii) The Idaho ag in the classroom account created by section 57-815, 5 Idaho Code; 6 (iii) The drug enforcement donation account created by section 57-816, 7 Idaho Code; 8 (iv) The children's trustaccountfund created by section 39-6007, Idaho 9 Code; 10 (v) The United States olympic account created by section 57-817, Idaho 11 Code, but no donation shall exceed five dollars ($5.00); 12 (vi) The Alzheimer's disease services account created in section 57-819, 13 Idaho Code; and 14 (vii) The community forestry trust account created in section 38-136, 15 Idaho Code. 16 (d) Prior to the distribution of funds into any of the trust accounts 17 specified in subsection (c) of this section from the refund account, the state 18 tax commission shall retain funds for the commission's costs for collecting 19 and administering the moneys in the accounts as follows: three thousand dol- 20 lars ($3,000) from each account for start-up costs during the first year of 21 collections, and three thousand dollars ($3,000) or twenty percent (20%) of 22 the moneys remitted to each account during the fiscal year, whichever is less, 23 from each account during each fiscal year thereafter, which amounts are hereby 24 appropriated to the tax commission.
STATEMENT OF PURPOSE RS 11491C1 Current legislation specifies two different requirements for annual reporting in two different sections. This proposed legislation eliminates one of the contradictory sections and provides for one single reporting requirement. This legislation changes children’s trust account to children’s trust fund, the name in common usage. Current legislation specifies the trust fund will be abolished when two million five hundred thousand dollars has been distributed. The proposed legislation would not abolish the trust fund, but simply remove the donation line from the Idaho State Income Tax form after two million five hundred thousand dollars has been deposited. FISCAL IMPACT There is existing no fiscal impact resulting from these proposed changes to statute. CONTACT Name: Nancy Hausner Agency: Health and Welfare Phone: 386-9317 Statement of Purpose/Fiscal Impact S 1382