2003 Legislation
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HOUSE BILL NO. 369 – Liquor dispensary, surcharge, use

HOUSE BILL NO. 369

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Daily Data Tracking History



H0369.....................................................by WAYS AND MEANS
LIQUOR DISPENSARY - SURCHARGE - Amends and adds to existing law to revise
the surcharge added to the price of goods sold in the State Liquor
Dispensary; to provide for the deposit of moneys into the Drug Court and
Family Court Services Fund; to create the Drug Court and Family Court
Services Fund; and to specify the use of fund moneys.
                                                                        
03/14    House intro - 1st rdg - to printing
03/17    Rpt prt - to Rev/Tax
03/19    Rpt out - rec d/p - to 2nd rdg
03/20    2nd rdg - to 3rd rdg
03/26    3rd rdg - PASSED - 62-5-3
      AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter(Bieter),
      Black, Block, Boe, Bolz, Bradford, Campbell, Clark, Collins, Crow,
      Cuddy, Denney, Douglas, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Gagner, Garrett, Harwood, Henbest(Bray), Jaquet, Jones,
      Kellogg, Lake, Langford, Langhorst, Martinez, Meyer, Miller,
      Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo,
      Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman,
      Trail, Wills, Wood
      NAYS -- Barrett, Eberle, Kulczyk, McGeachin, McKague
      Absent and excused -- Cannon, Deal, Mr. Speaker
    Floor Sponsor - Field(18)
    Title apvd - to Senate
03/27    Senate intro - 1st rdg - to Jud
04/01    Rpt out - rec d/p - to 2nd rdg
04/02    2nd rdg - to 3rd rdg
04/03    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
      McKenzie, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Hill, McWilliams
    Floor Sponsors - Darrington & Lodge
    Title apvd - to House
04/04    To enrol
04/07    Rpt enrol - Sp signed - Pres signed
04/08    To Governor
04/14    Governor signed
         Session Law Chapter 291
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 369
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO FUNDING FOR THE DRUG COURT AND FAMILY COURT SERVICES FUND;  AMEND-
  3        ING  SECTION  23-217,  IDAHO  CODE,  TO REVISE THE AMOUNT OF THE SURCHARGE
  4        ADDED TO THE PRICE OF GOODS SOLD IN THE STATE LIQUOR DISPENSARY,  TO  MAKE
  5        TECHNICAL  CORRECTIONS, TO PROVIDE A CORRECT CODE REFERENCE AND TO PROVIDE
  6        FOR DISTRIBUTION OF CERTAIN MONEYS INTO THE DRUG COURT  AND  FAMILY  COURT
  7        SERVICES  FUND; AND AMENDING CHAPTER 16, TITLE 1, IDAHO CODE, BY THE ADDI-
  8        TION OF A NEW SECTION 1-1624, IDAHO CODE, TO CREATE  THE  DRUG  COURT  AND
  9        FAMILY COURT SERVICES FUND AND TO SPECIFY THE USE OF FUND MONEYS.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That  Section  23-217, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        23-217.  SURCHARGE ADDED TO PRICE OF GOODS SOLD -- COLLECTION  AND  REMIS-
 14    SION BY SUPERINTENDENT. (a1) The superintendent of the state liquor dispensary
 15    is  hereby  authorized and directed to include in the price of goods hereafter
 16    sold in the dispensary, and its branches, a surcharge  equal  to  fifteen  per
 17    cent  two percent (152%) of the current price per unit computed to the nearest
 18    multiple of five cents (5). Provided, however, that
 19        (2)  Aafter the price of the surcharge has been included, the superintend-
 20    ent of the state liquor dispensary is hereby authorized and directed to  allow
 21    a discount of five per cent percent (5%) from the price of each order of goods
 22    sold to any licensee, as defined in section 23-902e.(7), Idaho Code.
 23        (b3)  The  surcharge  imposed  pursuant to this section shall be collected
 24    and credited monthly to the liquor account drug court and  family  court  ser-
 25    vices fund, as set forth in section 1-1624, Idaho Code.
                                                                        
 26        SECTION  2.  That  Chapter  16,  Title  1, Idaho Code, be, and the same is
 27    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 28    ignated as Section 1-1624, Idaho Code, and to read as follows:
                                                                        
 29        1-1624.  DRUG  COURT  AND FAMILY COURT SERVICES FUND. There is hereby cre-
 30    ated in the office of the state treasurer a special fund to be  known  as  the
 31    drug court and family court services fund. Moneys deposited into the fund pur-
 32    suant  to section 23-217, Idaho Code, subject to appropriation by the legisla-
 33    ture, shall be used by the supreme court for the operations  of  drug  courts,
 34    including  drug testing, drug court substance abuse treatment and supervision,
 35    and related court programs, as provided in chapter 56, title 19,  Idaho  Code,
 36    and  for the purpose of assisting children and families in the courts, as pro-
 37    vided in chapter 14, title 32, Idaho Code.

Statement of Purpose / Fiscal Impact




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                       STATEMENT OF PURPOSE
                             RS 13187
This legislation provides for a two percent (2%) surcharge on the
sale of all liquor through the Liquor Dispensary in order to
provide an ongoing dedicated source of funding for Drug Courts and
Family Court Services in the Judicial Branch.

Section 23-217(a), Idaho Code, has become obsolete in the day-to-
day operations of the Dispensary's approach to pricing products. 
RS 13187 results in an overall 2% increase in the total shelf price
of liquor sold at the Dispensary.  Section 23-217(b), Idaho Code is
still relevant because it provides for the 5% markdown on the sale
of liquor to all licensees, but has an incorrect reference to code
Section 23-902e.  A correction is included in this legislation.  

This bill basically takes advantage of current Idaho Code to create
a new provision to provide funding for court services without
disrupting any other distributions from the Liquor Control Fund.


                         FISCAL IMPACT
This bill will generate approximately $1.5 million to be deposited
into the Drug Court and Family Court Services Fund.  This fund will
be subject to appropriation by the Legislature.  It is anticipated
that it will free up General Funds that are now dedicated to Drug
Court and Family Court Services.  These programs have been put at
risk due to reducing General Fund appropriations in the Judicial
Branch's budget.

                                 


Contact
Name: Rep. Debbie Field  
Phone: 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                                H 369