2002 Legislation
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SENATE BILL NO. 1382 – Children’s trust fund, rpts req’d

SENATE BILL NO. 1382

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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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN 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 TRUST ACCOUNT FUND
                                                                        
 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  TRUST  ACCOUNT  FUND BOARD -- CREATION. (1) There is
 26    hereby created within the department of health and welfare a children's  trust
 27    account  fund  and  a  children's  trust  account fund board to administer the
 28    children's trust account fund.
 29        (2)  The children's trust account fund 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
  2        account fund board.
  3        (3)  A  quorum of the children's trust account fund 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 trust account  fund  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 trust account fund 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 TRUST ACCOUNT FUND BOARD -- POWERS AND DUTIES. (1) To
 17    carry out the purposes of this chapter,  the  children's  trust  account  fund
 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 trust account fund board may adopt rules and  regula-
 34    tions  pursuant  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 legislature
 47    may provide training for community-based, multidisciplinary child abuse inves-
 48    tigation teams, and community-based programs to provide for the development of
 49    local interview centers for reported victims of  child  abuse,  including  the
 50    purchase 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 trust account fund 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 trust account fund board.
  6        (4)  The children's trust account fund 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 trust account fund 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  TRUST  ACCOUNT FUND -- CREATION. (1) There is hereby
 23    created an account in the agency asset fund in the state treasury to be desig-
 24    nated the children's trust account fund.
 25        (2)  The account fund shall consist of:
 26        (a)  Moneys appropriated to the account fund;
 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 the account fund may be expended for purposes  provided  in
 31    this  chapter,  provided that the children's trust account fund 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  trust  account  fund  shall  be
 35    returned to the children's trust account fund.
 36        (4)  Disbursements  of moneys from the account fund shall be on the autho-
 37    rization of the children's trust account fund 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 account
 41    shall be abolished, and no 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 trust account fund
 48    board shall be  responsible  for  the  management  and  accounting  of  moneys
                                                                        
                                           4
                                                                        
  1    expended from the children's trust account fund.
                                                                        
  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 trust account fund 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 trust account fund 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.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                                     Moved 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    "account fund"; and in line 42, delete "account" and insert: "account fund".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN 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 TRUST ACCOUNT FUND
                                                                        
 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  TRUST  ACCOUNT  FUND BOARD -- CREATION. (1) There is
 26    hereby created within the department of health and welfare a children's  trust
 27    account  fund  and  a  children's  trust  account fund board to administer the
 28    children's trust account fund.
 29        (2)  The children's trust account fund 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
  2        account fund board.
  3        (3)  A  quorum of the children's trust account fund 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 trust account  fund  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 trust account fund 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 TRUST ACCOUNT FUND BOARD -- POWERS AND DUTIES. (1) To
 17    carry out the purposes of this chapter,  the  children's  trust  account  fund
 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 trust account fund board may adopt rules and  regula-
 34    tions  pursuant  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 legislature
 47    may provide training for community-based, multidisciplinary child abuse inves-
 48    tigation teams, and community-based programs to provide for the development of
 49    local interview centers for reported victims of  child  abuse,  including  the
 50    purchase 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 trust account fund 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 trust account fund board.
  6        (4)  The children's trust account fund 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 trust account fund 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  TRUST  ACCOUNT FUND -- CREATION. (1) There is hereby
 23    created an account in the agency asset fund in the state treasury to be desig-
 24    nated the children's trust account fund.
 25        (2)  The account fund shall consist of:
 26        (a)  Moneys appropriated to the account fund;
 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 the account fund may be expended for purposes  provided  in
 31    this  chapter,  provided that the children's trust account fund 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  trust  account  fund  shall  be
 35    returned to the children's trust account fund.
 36        (4)  Disbursements  of moneys from the account fund shall be on the autho-
 37    rization of the children's trust account fund 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  fund,  the
 41    account  shall  be  abolished, and no further collections shall be received by
 42    the tax commission, and all references to the account fund  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 trust account fund
 48    board shall be  responsible  for  the  management  and  accounting  of  moneys
                                                                        
                                           4
                                                                        
  1    expended from the children's trust account fund.
                                                                        
  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 trust account fund 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 trust account fund 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 / Fiscal Impact


                	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