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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 - 2003
IN 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