2007 Legislation
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HOUSE BILL NO. 180 – Liquor acct, distribution

HOUSE BILL NO. 180

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Bill Status



H0180...............................................by REVENUE AND TAXATION
LIQUOR ACCOUNT - Amends existing law to provide for distributions from the
liquor account to the Substance Abuse Treatment Fund, to the Drug Court,
Mental Health Court and Family Court Services Fund and to the Drug and
Mental Health Court Supervision Fund; to create the Substance Abuse
Treatment Fund and to provide for what moneys in the fund may be utilized;
to create the Drug and Mental Health Court Supervision Fund and to provide
for what moneys in the fund may be utilized; and to provide for
distribution of revenues from the tax on beer and the tax on wine to the
Substance Abuse Treatment Fund.
                                                                        
02/12    House intro - 1st rdg - to printing
02/13    Rpt prt - to Rev/Tax
02/15    Rpt out - rec d/p - to 2nd rdg
02/16    2nd rdg - to 3rd rdg
02/20    3rd rdg - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ring, Ringo, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Bradford, Roberts
    Floor Sponsor - Clark
    Title apvd - to Senate
02/21    Senate intro - 1st rdg - to St Aff
03/06    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/13    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Jorgenson
    Title apvd - to House
03/14    To enrol
03/15    Rpt enrol - Sp signed - Pres signed
03/16    To Governor
03/21    Governor signed
         Session Law Chapter 141
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 180
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DISTRIBUTION OF MONEYS IN THE STATE LIQUOR ACCOUNT; AMENDING  SEC-
  3        TION  23-404, IDAHO CODE, TO PROVIDE DISTRIBUTIONS FROM THE LIQUOR ACCOUNT
  4        TO THE SUBSTANCE ABUSE TREATMENT FUND, TO THE DRUG  COURT,  MENTAL  HEALTH
  5        COURT  AND  FAMILY  COURT  SERVICES FUND AND TO THE DRUG AND MENTAL HEALTH
  6        COURT SUPERVISION FUND; AMENDING CHAPTER 4, TITLE 23, IDAHO CODE,  BY  THE
  7        ADDITION  OF A NEW SECTION 23-408, TO CREATE THE SUBSTANCE ABUSE TREATMENT
  8        FUND AND TO PROVIDE FOR WHAT THE MONEYS  IN  THE  FUND  MAY  BE  UTILIZED;
  9        AMENDING CHAPTER 4, TITLE 23, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
 10        23-409, IDAHO CODE, TO CREATE THE DRUG AND MENTAL HEALTH COURT SUPERVISION
 11        FUND  AND  TO  PROVIDE  FOR  WHAT  THE MONEYS IN THE FUND MAY BE UTILIZED;
 12        AMENDING SECTION 23-603, IDAHO CODE, TO PROVIDE A CORRECT FUND NAME AND TO
 13        PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 23-1008, IDAHO CODE, TO
 14        PROVIDE FOR DISTRIBUTIONS TO THE SUBSTANCE ABUSE  TREATMENT  FUND  AND  TO
 15        MAKE  TECHNICAL  CORRECTIONS; AND AMENDING SECTION 23-1319, IDAHO CODE, TO
 16        PROVIDE FOR DISTRIBUTIONS TO THE SUBSTANCE ABUSE TREATMENT FUND.
                                                                        
 17    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 18        SECTION 1.  That Section 23-404, Idaho Code, be, and the  same  is  hereby
 19    amended to read as follows:
                                                                        
 20        23-404.  DISTRIBUTION OF MONEYS IN LIQUOR ACCOUNT. (1) The moneys received
 21    into the liquor account shall be transferred or appropriated as follows:
 22        (a)  An  amount of money equal to the actual cost of purchase of alcoholic
 23        liquor and payment of expenses of administration and operation of the dis-
 24        pensary, as determined by the superintendent and  certified  quarterly  to
 25        the  state  controller,  shall be transferred back to the dispensary; pro-
 26        vided, that the amount so transferred back for administration  and  opera-
 27        tion  of  the  dispensary  shall  not  exceed  the amount authorized to be
 28        expended by regular appropriation authorization.
 29        (b)  From fiscal year 2006 through fiscal year 2009, forty  percent  (40%)
 30        of  the  balance  remaining  after  transferring the amounts authorized by
 31        paragraph (a) of this subsection shall be transferred or appropriated pur-
 32        suant to this paragraph (b). Beginning in fiscal year 2010 the  percentage
 33        transferred  pursuant  to  this  paragraph (b) shall increase to forty-two
 34        percent (42%) with an increase of two percent  (2%)  for  each  subsequent
 35        fiscal  year  thereafter until fiscal year 2014 when such percentage shall
 36        be fifty percent (50%).
 37             (i)    For fiscal year 2006 and through fiscal year 2009, one million
 38             eight hundred thousand dollars ($1,800,000) shall be appropriated and
 39             paid to the cities and counties as set forth in paragraphs (c)(i) and
 40             (c)(ii) of this subsection;
 41             (ii)   One  Two  million  two  hundred  eighty  thousand      dollars
 42             ($1,200,0002,080,000) shall be transferred annually to the alcoholism
 43             substance  abuse treatment fund, which is hereby created in the trust
                                                                        
                                       2
                                                                        
  1             and agency fund section 23-408, Idaho Code;
  2             (iii)  Three hundred thousand dollars ($300,000) shall be transferred
  3             annually  to  the  community  college  account,  created  by  section
  4             33-2139, Idaho Code;
  5             (iv)   One million two hundred thousand dollars ($1,200,000) shall be
  6             transferred annually to the public school income fund, as defined  in
  7             section 33-903, Idaho Code;
  8             (v)    Six  hundred fifty thousand dollars ($650,000) shall be trans-
  9             ferred annually to the cooperative welfare account in  the  dedicated
 10             fund; and
 11             (vi)   Six hundred eighty thousand dollars ($680,000) shall be trans-
 12             ferred  annually  to  the  drug court, mental health court and family
 13             court services fund; and
 14             (vii)  Four hundred forty thousand dollars ($440,000) shall be trans-
 15             ferred annually to the drug and mental health court supervision  fund
 16             which is created in section 23-409, Idaho Code; and
 17             (viii) The balance shall be transferred to the general fund.
 18        (c)  The  remainder  of the moneys received in the liquor account shall be
 19        appropriated and paid as follows:
 20             (i)    Forty percent (40%) of the balance remaining after the  trans-
 21             fers  authorized  by  paragraphs  (a) and (b) of this subsection have
 22             been made is hereby appropriated to and shall be paid to the  several
 23             counties.  Each  county shall be entitled to an amount in the propor-
 24             tion that liquor sales through the dispensary in that  county  during
 25             the  state's  previous fiscal year bear to total liquor sales through
 26             the dispensary in the state during the state's previous fiscal  year,
 27             except  that  no county shall be entitled to an amount less than that
 28             county received in distributions from the liquor account  during  the
 29             state's fiscal year 1981.
 30             (ii)   Sixty  percent (60%) of the balance remaining after the trans-
 31             fers authorized by paragraphs (a) and (b)  of  this  subsection  have
 32             been  made is hereby appropriated to and shall be paid to the several
 33             cities as follows:
 34                  1.  Ninety percent (90%) of the amount appropriated to the  cit-
 35                  ies  shall  be  distributed  to those cities which have a liquor
 36                  store or distribution station located within the corporate  lim-
 37                  its  of  the city. Each such city shall be entitled to an amount
 38                  in the proportion that liquor sales through  the  dispensary  in
 39                  that  city during the state's previous fiscal year bear to total
 40                  liquor sales through the dispensary  in  the  state  during  the
 41                  state's previous fiscal year, except that no city shall be enti-
 42                  tled  to an amount less than that city received in distributions
 43                  from the liquor account during the state's fiscal year 1981;
 44                  2.  Ten percent (10%) of the amount appropriated to  the  cities
 45                  shall  be distributed to those cities which do not have a liquor
 46                  store or distribution station located within the corporate  lim-
 47                  its  of  the city. Each such city shall be entitled to an amount
 48                  in the proportion that that city's population bears to the popu-
 49                  lation of all cities in the state which do  not  have  a  liquor
 50                  store  or distribution station located within the corporate lim-
 51                  its of the city, except that no city shall  be  entitled  to  an
 52                  amount  less  than  that city received in distributions from the
 53                  liquor account during the state's fiscal year 1981.
 54        (2)  All transfers and distributions shall be made periodically,  but  not
 55    less  frequently  than quarterly but, the apportionments made to any county or
                                                                        
                                       3
                                                                        
  1    city, which may during the succeeding three (3) year period be found  to  have
  2    been  in error either of computation or transmittal, shall be corrected during
  3    the fiscal year of discovery by a reduction of apportionments in the  case  of
  4    over-apportionment  or  by an increase of apportionments in the case of under-
  5    apportionment. The decision of the superintendent on entitlements of  counties
  6    and cities shall be final, and shall not be subject to judicial review.
                                                                        
  7        SECTION  2.  That  Chapter  4,  Title  23,  Idaho Code, be and the same is
  8    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  9    ignated as Section 23-408, Idaho Code, and to read as follows:
                                                                        
 10        23-408.  SUBSTANCE  ABUSE  TREATMENT  FUND. There is hereby created in the
 11    state treasury, the substance abuse treatment  fund. Moneys  remitted  to  the
 12    substance abuse treatment fund by the state liquor dispensary and from the tax
 13    on  beer  and  wine  are intended to be utilized for substance abuse treatment
 14    services at both the state and  local  levels.  Moneys  in  the  fund  may  be
 15    expended pursuant to appropriation and are intended to assist state government
 16    and  local  units  of government in providing affordable, accessible substance
 17    abuse treatment services, including  crisis  intervention  and  detoxification
 18    services,  inpatient  and  outpatient treatment services, and recovery support
 19    services for all Idaho residents. The state treasurer is authorized to  invest
 20    all  idle  moneys in the fund and the interest earned on such investment shall
 21    be returned to the fund.
                                                                        
 22        SECTION 3.  That Chapter 4, Title 23, Idaho  Code,  be  and  the  same  is
 23    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 24    ignated as Section 23-409, Idaho Code, and to read as follows:
                                                                        
 25        23-409.  DRUG AND MENTAL HEALTH COURT SUPERVISION FUND.  There  is  hereby
 26    created  in  the  state treasury, the drug and mental health court supervision
 27    fund. Moneys remitted to the drug and mental health court supervision fund  by
 28    the  state liquor dispensary  are intended to be utilized by the Idaho depart-
 29    ment of correction for the supervision of offenders sentenced to drug or  men-
 30    tal health court. Moneys in the fund may be expended pursuant to appropriation
 31    and  are  intended  to assist the courts in managing and monitoring this high-
 32    risk and high-need population. The state treasurer is authorized to invest all
 33    idle moneys in the fund and the interest earned on such  investment  shall  be
 34    returned to the fund.
                                                                        
 35        SECTION  4.  That  Section  23-603, Idaho Code, be, and the same is hereby
 36    amended to read as follows:
                                                                        
 37        23-603.  DISPENSING TO A PERSON UNDER THE AGE  OF  TWENTY-ONE  YEARS.  Any
 38    person  who  is  eighteen  (18) years of age or older who shall sell, give, or
 39    furnish, or cause to be sold, given, or furnished, alcohol beverage, including
 40    any distilled spirits, beer or wine, to a person under the age  of  twenty-one
 41    (21) years shall be guilty of a misdemeanor and upon conviction thereof may be
 42    punished  by a fine of not less than five hundred dollars ($500) nor more than
 43    one thousand dollars ($1,000) per violation, or by imprisonment in the  county
 44    jail for a period not to exceed one (1) year, or by both such fine and impris-
 45    onment. A second or subsequent violation of this section by the same defendant
 46    shall constitute a misdemeanor and upon conviction thereof the defendant shall
 47    be  punished by a fine of not less than one thousand dollars ($1,000) nor more
 48    than two thousand dollars ($2,000) per  violation,   or  imprisonment  in  the
 49    county  jail for a period not to exceed one (1) year, or by both such fine and
                                                                        
                                       4
                                                                        
  1    imprisonment. Notwithstanding the provisions of section 19-4705,  Idaho  Code,
  2    moneys  received  pursuant  to such fines shall be deposited in the alcoholism
  3    substance abuse treatment fund, as created in  section  23-4048,  Idaho  Code.
  4    Upon  conviction  of any person for a violation of the provisions of this sec-
  5    tion, the court shall notify the director  of  the  Idaho  state  police.  The
  6    director shall review the circumstances of the conviction, and if the dispens-
  7    ing  took  place at a licensed establishment or other retailer or distributor,
  8    the director may take administrative action he considers  appropriate  against
  9    the licensee or business including suspension of the license for not to exceed
 10    six (6) months, a fine, or both such suspension and fine.
                                                                        
 11        SECTION  5.  That  Section 23-1008, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        23-1008.  TAX -- DISTRIBUTION -- RULES -- REPORTS. (1) A tax of four  dol-
 14    lars and sixty-five cents ($4.65) per barrel of thirty-one (31) gallons, and a
 15    like  rate  for  any  other quantity or fraction thereof, is hereby levied and
 16    imposed upon each and every barrel of beer sold for use within  the  state  of
 17    Idaho.
 18        Any  wholesaler who shall sell beer, upon which the tax herein imposed has
 19    not been paid and any person who shall purchase, receive, transport, store  or
 20    sell  any  beer  upon which the tax herein imposed has not been paid, shall be
 21    guilty of a misdemeanor, and any beer  so  purchased,  received,  transported,
 22    stored or possessed or sold shall be subject to seizure by the commission, any
 23    inspector  or investigator of  the commission, or by any sheriff, constable or
 24    other police officer, and same may be removed and kept for evidence. Upon con-
 25    viction of any person for violation of this section, the said  beer,  and  all
 26    barrels,  kegs, cases, cartons and cans containing the same shall be forfeited
 27    to the state of Idaho, and, in addition, the person so convicted shall be sub-
 28    ject to the other penalties in this act prescribed.
 29        Beer and all barrels, kegs, cases, cartons or cans  so  forfeited  to  the
 30    state  of  Idaho  shall  be  sold  by  the commission at public auction to any
 31    brewer, wholesaler or retailer, licensed under the  provisions  of  this  act,
 32    making  the highest bid. Such sale shall be held at such place and time as may
 33    be designated by the commission after reasonable notice thereof given in  such
 34    manner  and for such time as  the commission may by regulation rule prescribe.
 35    From the purchase price received upon such sale, the  commission  shall  first
 36    deduct  an  amount sufficient to pay  the tax due on such beer, and to pay all
 37    costs incurred in connection with such sale. The commission shall deposit  the
 38    balance  remaining  with  the state treasurer, who shall place the same in the
 39    general account of the state of Idaho, and it shall become a part thereof.
 40        (2)  The revenues received from the taxes, interest, penalties,  or  defi-
 41    ciency payments imposed by this section shall be distributed as follows:
 42        (a)  An  amount  of money shall be distributed to the state refund account
 43        sufficient to pay current refund claims.  All refunds authorized by law to
 44        be paid by the tax commission shall  be  paid  through  the  state  refund
 45        account and those moneys are continuously appropriated.
 46        (b)  The  balance remaining after distributing the amount in paragraph (a)
 47        of this subsection shall be distributed as follows:
 48             (i)  Twenty percent (20%) shall  be  distributed  to  the  alcoholism
 49             treatment account substance abuse treatment fund which is  created in
 50             section 23-408, Idaho Code;
 51             (ii)  Thirty-three  percent  (33%) shall be distributed to the perma-
 52             nent building account; and
 53             (iii)  The remainder shall be distributed to the general account.
                                                                        
                                       5
                                                                        
  1        (3)  The commission is empowered, and it shall be the commission's duty to
  2    prescribe rules: and regulations:
  3        (a)  For reports by carriers for hire and also all  other  carriers  owned
  4        and/or  employed, directly or indirectly, by out of state brewers, dealers
  5        or other persons, of all deliveries of beer  in  and  into  the  state  of
  6        Idaho,  stating  especially  the  origin  and destination of the beer, the
  7        quantity thereof, and also the names and addresses,  respectively  of  the
  8        consignors and consignees.
  9        (b)  For reports by out of state brewers and manufacturers of beer, of all
 10        shipments  by them of beer into the state of Idaho, stating especially the
 11        matters mentioned in paragraph (a) of this subsection.
                                                                        
 12        SECTION 6.  That Section 23-1319, Idaho Code, be, and the same  is  hereby
 13    amended to read as follows:
                                                                        
 14        23-1319.  EXCISE  TAX  --  SALES  INCLUDED  --  REFUND FOR EXPORT SALES --
 15    REFUND FOR BREAKAGE OR SPOILAGE -- DISTRIBUTION OF  REVENUE.  Upon  all  wines
 16    sold  by  a distributor or winery to a retailer or consumer and upon all wines
 17    sold and shipped directly to Idaho state residents  by  an  out-of-state  wine
 18    manufacturer  holding  a  wine  direct  shipper permit under section 23-1309A,
 19    Idaho Code, for use within the state of Idaho pursuant to this  chapter  there
 20    is hereby imposed an excise tax of forty-five cents (45¢) per gallon. Sales of
 21    wine  by a distributor or winery for the purpose of and resulting in export of
 22    wine from this state for resale outside this state shall be  exempt  from  the
 23    taxes on wine imposed by this chapter.
 24        (a)  Every  sale of wine by a distributor to a retailer shall constitute a
 25    sale of wine for resale or consumption in this state, whether the sale is made
 26    within or without this state, and the distributor shall be liable for the pay-
 27    ment of taxes. In every transfer of wine by a licensed winery to its  licensed
 28    retail outlet, the winery shall be liable for payment of taxes.
 29        (b)  When  wine has been destroyed by breakage or has spoiled or otherwise
 30    become unfit for beverage purposes prior to payment of taxes on it,  the  dis-
 31    tributor,  upon  satisfactory proof of destruction or spoilage, shall be enti-
 32    tled to deduct from existing inventories,  subject to tax, the amount of  wine
 33    so destroyed or spoiled.
 34        (c)  If the tax commission determines that any amount due under this chap-
 35    ter  has  been  paid  more than once or has been erroneously or illegally col-
 36    lected or computed, the commission shall set forth that fact  in  its  records
 37    and the excess amount paid or collected may be credited on any amount then due
 38    and payable to the commission from that person and any balance refunded to the
 39    person  by whom it was paid or to his successors, administrators or executors.
 40    The commission is authorized and the state board of tax appeals is  authorized
 41    to  order  the  commission  in  proper  cases to credit or refund such amounts
 42    whether or not the payments have been  made  under  protest  and  certify  the
 43    refund to the state board of examiners.
 44        (d)  No  credit  or  refund shall be allowed or made after three (3) years
 45    from the time the payment was made,  unless  before  the  expiration  of  that
 46    period  a claim is filed by the taxpayer. The three (3) year period allowed by
 47    this subsection for making refunds or credit claims shall not apply  in  cases
 48    where  the tax commission asserts a deficiency of tax imposed by law, and tax-
 49    payers desiring to appeal or otherwise seek a refund of amounts paid in obedi-
 50    ence to deficiencies must do so within the time limits elsewhere prescribed by
 51    law.
 52        (e)  All revenue received pursuant to this chapter shall be distributed as
 53    follows:
                                                                        
                                       6
                                                                        
  1        (1)  An amount of money shall be distributed to the state  refund  account
  2        sufficient to pay current refund claims as authorized in subsection (c) of
  3        this section and those moneys are continuously appropriated.
  4        (2)  The  balance remaining after distributing the amount in paragraph (1)
  5        of this subsection shall be distributed as follows:
  6             (i)   Twelve percent (12%) shall be  distributed  to  the  alcoholism
  7             treatment account substance abuse treatment fund which is  created in
  8             section 23-408, Idaho Code;
  9             (ii)  Five percent (5%) shall be distributed to the Idaho grape grow-
 10             ers and wine producers commission account; and
 11             (iii) The remainder shall be distributed to the general account.
 12        (f)  Any  person who is not a distributor or winery but who makes, whether
 13    as principal, agent or broker, any sales of wine  not  otherwise  taxed  under
 14    this  section  and  not  exempt  from such tax, shall be liable for payment of
 15    taxes imposed by this section. This subsection shall not impose  tax  on  wine
 16    sold pursuant to section 23-1336, Idaho Code.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE

                           RS 16922C2

     This legislation amends existing law relating to the distribution of moneys 
in the state liquor account for the purpose of expanding drug and mental health 
courts in Idaho.  The changes include:

1. Creating the substance abuse treatment fund in the state treasury;
       
2. Replacing references to the alcoholism treatment fund with the substance abuse
   treatment fund by amending certain sections of Idaho Code;
       
3. Increasing the annual distribution from the liquor account to the substance abuse
   treatment fund from $1,200,000 to $2,080,000 for an increase of $880,000;
       
4. Providing for the annual distribution of $680,000 from the liquor account to the drug
   court, mental health court, and family court services fund for the purpose of court
   coordination and drug testing;
       
5. Creating the drug and mental health court supervision fund in the state treasury; and
      
6. Providing for the annual distribution of $440,000 from the liquor account to the drug
   and mental health court supervision fund for the purpose of offender supervision by
   the Idaho Department of Correction.
       
With these changes it is estimated that an additional 275 offenders can be diverted to 
drug and mental health courts in fiscal year 2008.

                                
                          FISCAL NOTE

The fiscal impact to the State General Fund would be a reduction of $2,000,000 in 
fiscal year 2008.  There is no impact on the distribution of funds to cities and 
counties.

Contact   
Name:      Representative Jim Clark, Chairman
           Judiciary, Rules & Administration Committee 
Phone:     332-1127



STATEMENT OF PURPOSE/FISCAL NOTE                                               H 180