2005 Legislation
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HOUSE BILL NO. 158 – Alcohol beverage control fund, use

HOUSE BILL NO. 158

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Bill Status



H0158................................by JUDICIARY, RULES AND ADMINISTRATION
ALCOHOL BEVERAGE CONTROL FUND - Amends existing law to provide for
disposition of certain license fee moneys to the Alcohol Beverage Control
Fund; to provide for the use of the moneys in the Alcohol Beverage Control
Fund; to provide fund balances at the end of the fiscal year; to provide
that interest earned on the investment of idle moneys in the fund shall be
returned to the fund; and to provide two new beer license categories and
fees.
                                                                        
02/10    House intro - 1st rdg - to printing
02/11    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 158
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO FEES AND ALCOHOL BEVERAGE CONTROL; AMENDING SECTION 23-940,  IDAHO
  3        CODE,  TO  PROVIDE  FOR  DISPOSITION  OF CERTAIN LICENSE FEE MONEYS TO THE
  4        ALCOHOL BEVERAGE CONTROL FUND, TO PROVIDE FOR WHAT MONEYS IN  THE  ALCOHOL
  5        BEVERAGE CONTROL FUND MAY BE UTILIZED, TO PROVIDE FUND BALANCES AT THE END
  6        OF  THE  FISCAL YEAR AND TO PROVIDE THAT INTEREST EARNED ON THE INVESTMENT
  7        OF IDLE MONEYS IN THE FUND SHALL BE RETURNED TO  THE  FUND;  AND  AMENDING
  8        SECTION  23-1014,  IDAHO  CODE, TO PROVIDE TWO NEW BEER LICENSE CATEGORIES
  9        AND FEES.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION 1.  That Section 23-940, Idaho Code, be, and the  same  is  hereby
 12    amended to read as follows:
                                                                        
 13        23-940.  FEES  --  ALCOHOL  BEVERAGE CONTROL FUND -- DISPOSITION OF FUNDS.
 14    (1) All moneys collected by the director from license fees pursuant to subsec-
 15    tions (4)(c) and (5) of section 23-1014, Idaho Code, shall be remitted to  the
 16    alcohol  beverage  control fund which is hereby created in the state treasury.
 17    Moneys in the alcohol beverage control fund may be appropriated for the opera-
 18    tional expenses of the alcohol beverage control  bureau  of  the  Idaho  state
 19    police  in carrying out the provisions of and in the performance of all of its
 20    duties under this title and the rules  promulgated  pursuant  thereto  by  the
 21    director  of the Idaho state police.  Any fund balance in the alcohol beverage
 22    control fund existing on June 30 of each year shall remain in the  fund.   The
 23    interest earned on the investment of idle moneys in the fund shall be returned
 24    to the fund.
 25        (2)  All other moneys collected by the director under this act title shall
 26    be  paid  over  to the state treasurer and placed to the credit of the general
 27    fund.
                                                                        
 28        SECTION 2.  That Section 23-1014, Idaho Code, be, and the same  is  hereby
 29    amended to read as follows:
                                                                        
 30        23-1014.  LICENSE FEES. Every person licensed under the provisions of this
 31    chapter shall pay to the state of Idaho an annual license fee according to the
 32    following schedule:
 33        (1)  Brewer annually producing                                     Fee
 34             (a)  Under 10,000 gallons ....................................$ 50.00
 35             (b)  10,000 to 100,000 gallons ...............................$100.00
 36             (c)  100,000 to 930,000 gallons ..............................$200.00
 37             (d)  930,000 gallons or more .................................$500.00
 38    A  like  amount shall be paid for each separate brewery operated by the licen-
 39    see.
 40        (2)  Wholesaler
 41             (a)  For each separate warehouse used for the purpose of  wholesaling
                                                                        
                                           2
                                                                        
  1                  or dispensing beer ......................................$300.00
  2        (3)  Dealer .......................................................$100.00
  3        (4)  Retailer
  4             (a)  For each store from which beer is retailed ..............$ 50.00
  5             (b)  For each store from which a licensed retailer sells keg beer for
  6                  consumption off premises ................................$ 20.00
  7             (c)  For  each premises from which a licensed retailer sells beer for
  8             on premises consumption:......................................$100.00
  9        (5)  Certificate of approval
 10             (a)  For each manufacturer requiring a  certificate  of  approval  as
 11             specified in section 23-1027, Idaho Code......................$500.00
 12    Nothing  in  this  chapter shall be so construed to prohibit municipalities or
 13    counties from licensing and regulating places of business where beer  is  sold
 14    to the consumer.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 14775

This bill amends Idaho Code 23-940 to create an alcohol beverage
control fund to support ABC activities and provides for
distributions of funds collected from on premise consumption of
beer and certificate of approval license fees into the alcohol
beverage control fund.

This bill also amends Idaho Code 23-1014 to add (4)c to provide a
license fee for on-premise consumption of beer, and (5) a fee for
certificate of approval required under Idaho Code 23-1027.


                           FISCAL NOTE

Additional revenue generated into the dedicated fund:
     License fees for on premise consumption of beer = $216,900
     License fees for certificate of approval        = $ 70,000
Total new revenue = $286,900


Contact
Name:  Representative Jim Clark 
       Representative Wendy Jaquet
       Senator Shawn Keough
Phone: 332-1000



STATEMENT OF PURPOSE/FISCAL NOTE                      H 158