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S1020.........................................................by STATE AFFAIRS ALCOHOLIC BEVERAGE CONTROL FUND - Amends existing law to provide for the creation of and the transfer of funds to the Idaho State Police Alcoholic Beverage Control Fund for use in the administration, education and enforcement of the alcoholic beverage laws. 01/21 Senate intro - 1st rdg - to printing 01/22 Rpt prt - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE SENATE SENATE BILL NO. 1020 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE STATE LIQUOR ACT; AMENDING SECTION 23-404, IDAHO CODE, TO PRO- 3 VIDE FOR THE TRANSFER OF FUNDS TO THE IDAHO STATE POLICE ALCOHOLIC BEVER- 4 AGE CONTROL FUND FOR USE IN THE ADMINISTRATION, EDUCATION AND ENFORCEMENT 5 OF THE ALCOHOLIC BEVERAGE LAWS AND TO CREATE THE FUND. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 23-404, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 23-404. DISTRIBUTION OF MONEYS IN LIQUOR ACCOUNT. (1) The moneys received 10 into the liquor account shall be transferred or appropriated as follows: 11 (a) An amount of money equal to the actual cost of purchase of alcoholic 12 liquor and payment of expenses of administration and operation of the dis- 13 pensary, as determined by the superintendent and certified quarterly to 14 the state controller, shall be transferred back to the dispensary; pro- 15 vided, that the amount so transferred back for administration and opera- 16 tion of the dispensary shall not exceed the amount authorized to be 17 expended by regular appropriation authorization. 18 (b) From the balance remaining after transferring the amounts authorized 19 by subsection (a) above: 20 (i) One million two hundred thousand dollars ($1,200,000) shall be 21 transferred annually to the alcoholism treatment account, which is 22 hereby created in the trust and agency fund; 23 (ii) Three hundred thousand dollars ($300,000) shall be transferred 24 annually to the community college account, created by section 25 33-2139, Idaho Code; 26 (iii) One million two hundred thousand dollars ($1,200,000) shall be 27 transferred annually to the public school income fund, as defined in 28 section 33-903, Idaho Code; 29 (iv) Four million nine hundred forty-five thousand dollars 30 ($4,945,000) shall be transferred annually to the general account in 31 the state operating fund; and 32 (v) Six hundred fifty thousand dollars ($650,000) shall be trans- 33 ferred annually to the cooperative welfare account in the dedicated 34 fund. 35 (c) Five percent (5%) of the balance remaining, after the transfers 36 authorized by paragraphs (a) and (b) above have been made, is hereby 37 appropriated to and shall be transferred to the Idaho state police alco- 38 holic beverage control fund, which is hereby created in the state treasury 39 for use by the Idaho state police for administration, education and 40 enforcement of title 23, Idaho Code, commonly known as the Idaho liquor 41 act. Moneys in the Idaho state police alcoholic beverage control fund may 42 be expended pursuant to appropriation. 43 (d) Forty percent (40%) of the balance remaining after the transfers 2 1 authorized by paragraphs (a),and(b) and (c) above have been made is 2 hereby appropriated to and shall be paid to the several counties. Each 3 county shall be entitled to an amount in the proportion that liquor sales 4 through the dispensary in that county during the state's previous fiscal 5 year bear to total liquor sales through the dispensary in the state during 6 the state's previous fiscal year, except that no county shall be entitled 7 to an amount less than that county received in distributions from the 8 liquor account during the state's fiscal year 1981. 9 (de) Sixty percent (60%) of the balance remaining after the transfers 10 authorized by paragraphs (a),and(b) and (c) above have been made is 11 hereby appropriated to and shall be paid to the several cities as follows: 12 (i) Ninety percent (90%) of the amount appropriated to the cities 13 shall be distributed to those cities which have a liquor store or 14 distribution station located within the corporate limits of the city. 15 Each such city shall be entitled to an amount in the proportion that 16 liquor sales through the dispensary in that city during the state's 17 previous fiscal year bear to total liquor sales through the dispen- 18 sary in the state during the state's previous fiscal year, except 19 that no city shall be entitled to an amount less than that city 20 received in distributions from the liquor account during the state's 21 fiscal year 1981; 22 (ii) Ten percent (10%) of the amount appropriated to the cities 23 shall be distributed to those cities which do not have a liquor store 24 or distribution station located within the corporate limits of the 25 city. Each such city shall be entitled to an amount in the proportion 26 that that city's population bears to the population of all cities in 27 the state which do not have a liquor store or distribution station 28 located within the corporate limits of the city, except that no city 29 shall be entitled to an amount less than that city received in dis- 30 tributions from the liquor account during the state's fiscal year 31 1981. 32 (2) All transfers and distributions shall be made periodically, but not 33 less frequently than quarterly but, the apportionments made to any county or 34 city, which may during the succeeding three (3) year period be found to have 35 been in error either of computation or transmittal, shall be corrected during 36 the fiscal year of discovery by a reduction of apportionments in the case of 37 over-apportionment or by an increase of apportionments in the case of under- 38 apportionment. The decision of the superintendent on entitlements of counties 39 and cities shall be final, and shall not be subject to judicial review.
STATEMENT OF PURPOSE RS 12563 Idaho Code '23-804 charges the Idaho State Police Alcohol Beverage Control (ABC) program with the responsibility and duty of assisting local law enforcement agencies in enforcing the state of Idaho=s penal provisions of the Idaho liquor act. ABC is also responsible for the administration and issuance of licenses; background checks of potential licensees; premise checks of licensed establishments; and interpretation of liquor laws. Nearly 4,000 licenses are issued/renewed annually in Idaho to sell and dispense alcoholic beverages. Additionally, ABC conducts under-age drinking compliance checks, provides training, and investigates or assists other law enforcement agencies investigating criminal activity associated with licensed alcohol beverage establishments (such as gambling, prohibited acts, and prostitution). The number of licenses issued, complaints, investigations, litigation and requests for assistance from other agencies continues to rise. Historically, the enforcement and regulation efforts of ABC have been supported by the general fund, with no portion paid by the counties and cities requesting and benefiting from ABC assistance. ABC is unable to ensure compliance with the alcohol beverage regulations or meet other agencies= requests for assistance. Currently one ABC Detective Sergeant and two Investigative Assistants carry the enforcement workload demand in the state. This request creates dedicated funding for the efforts of the ABC program, shifting program expense out of the state general fund and replacing it with monies from the Liquor Distribution Account in I.C. 23-404. Currently, this fund supports the activities of the Idaho State Liquor Dispensary, with excess funds allocated by formula. A portion of funds is divided between Idaho=s counties and cities. This proposal requests five percent (5%) of the funds available to the counties and cities to be distributed to the Idaho State Police. The money will cover ABC current operating expenses and allow for increases in personnel to better serve and assist local law enforcement. FISCAL IMPACT More than four hundred thousand dollars ($400,000) which currently supports the activities of the ABC program will be reverted to the general fund. Impact on the Liquor Dispensary Account, based on past performance is estimated to be: Idaho State Liquor Dispensary Pro-forma Profit Distributions (actual) (est) (est) FY02 FY03 FY04 Fixed Distributions: General fund 4,945,000 4,945,000 4,945,000 Welfare fund 650,000 650,000 650,000 Alcohol treatment fund 1,200,000 1,200,000 1,200,000 Public schools 1,200,000 1,200,000 1,200,000 Community colleges 300,000 300,000 300,000 SUBTOTAL FIXED DIST. 8,295,000 8,295,000 8,295,000 Alcohol beverage control 825,000 Remainder to: Cities 60% 7,683,496 8,310,000 9,405,000 Counties 40% 5,122,195 5,540,000 6,270,000 SUBTOTAL 12,805,691 13,850,000 15,675,000 Total distributions 21,100,691 22,145,000 24,795,000 Assumes ABC would receive 5% of the balance remaining after fixed distributions totaling $8,295,000. The Liquor Dispensary Account is anticipated to continue increasing at a minimum rate of 3% per year, which exceeds the dollar amount of the 5% portion allocated to the Idaho State Police. With this modest growth, the amount allocated to counties and cities will continue to increase annually. CONTACT Name: Ann Thompson Agency: Idaho State Police Phone: (208) 884-7200 Statement of Purpose/Fiscal Impact S102