2008 Legislation
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HOUSE BILL NO. 400<br /> – Liquor acct, amount, community coll

HOUSE BILL NO. 400

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Bill Status



H0400..........................................................by EDUCATION
COMMUNITY COLLEGES - Amends existing law to increase the moneys to be
transferred annually from the Liquor Account to the Community College
Account.

01/23    House intro - 1st rdg - to printing
01/24    Rpt prt - to Rev/Tax
02/01    Rpt out - rec d/p - to 2nd rdg
02/04    2nd rdg - to 3rd rdg
02/13    3rd rdg - PASSED - 56-12-2
      AYES -- Anderson, Andrus, Bedke, Bell, Bilbao, Black, Block, Bock,
      Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Durst, Eskridge, Hart, Harwood, Henbest, Henderson, Killen,
      King, Labrador, Lake, LeFavour, Luker, Marriott, Mathews, McGeachin,
      Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
      Raybould, Ringo, Roberts, Ruchti, Rusche, Sayler, Shepherd(02),
      Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn,
      Trail, Vander Woude, Wills
      NAYS -- Barrett, Bayer, Bowers, Crane, Hagedorn, Kren, Loertscher,
      Shepherd(08), Thomas, Wood(27), Wood(35), Mr. Speaker
      Absent and excused -- Jaquet, Schaefer
    Floor Sponsor - Smith(24)
    Title apvd - to Senate
02/14    Senate intro - 1st rdg - to Fin
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/18    3rd rdg - PASSED - 34-0-1
      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(Sagness), McGee, McKague, McKenzie,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Pearce
    Floor Sponsor - Hammond
    Title apvd - to House
03/18    To enrol - Rpt enrol - Sp signed
03/19    Pres signed
03/20    To Governor
03/25    Governor signed
         Session Law Chapter 252
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 400

                                   BY EDUCATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO THE LIQUOR  ACCOUNT;  AMENDING  SECTION  23-404,  IDAHO  CODE,  TO
  3        INCREASE  THE MONEYS TO BE TRANSFERRED ANNUALLY FROM THE LIQUOR ACCOUNT TO
  4        THE COMMUNITY COLLEGE ACCOUNT AND TO MAKE TECHNICAL CORRECTIONS.

  5    Be It Enacted by the Legislature of the State of Idaho:

  6        SECTION 1.  That Section 23-404, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:

  8        23-404.  DISTRIBUTION OF MONEYS IN LIQUOR ACCOUNT. (1) The moneys received
  9    into the liquor account shall be transferred or appropriated as follows:
 10        (a)  An  amount of money equal to the actual cost of purchase of alcoholic
 11        liquor and payment of expenses of administration and operation of the dis-
 12        pensary, as determined by the superintendent and  certified  quarterly  to
 13        the  state  controller,  shall be transferred back to the dispensary; pro-
 14        vided, that the amount so transferred back for administration  and  opera-
 15        tion  of  the  dispensary  shall  not  exceed  the amount authorized to be
 16        expended by regular appropriation authorization.
 17        (b)  From fiscal year 2006 through fiscal year 2009, forty  percent  (40%)
 18        of  the  balance  remaining  after  transferring the amounts authorized by
 19        paragraph (a) of this subsection shall be transferred or appropriated pur-
 20        suant to this paragraph (b). Beginning in fiscal year 2010 the  percentage
 21        transferred  pursuant  to  this  paragraph (b) shall increase to forty-two
 22        percent (42%) with an increase of two percent  (2%)  for  each  subsequent
 23        fiscal  year  thereafter until fiscal year 2014 when such percentage shall
 24        be fifty percent (50%).
 25             (i)    For fiscal year 2006 and through fiscal year 2009, one million
 26             eight hundred thousand dollars ($1,800,000) shall be appropriated and
 27             paid to the cities and counties as set forth in paragraphs (c)(i) and
 28             (c)(ii) of this subsection;
 29             (ii)   Two million eighty  thousand  dollars  ($2,080,000)  shall  be
 30             transferred  annually to the substance abuse treatment fund, which is
 31             created in section 23-408, Idaho Code;
 32             (iii)  Three Six hundred thousand dollars ($3600,000) shall be trans-
 33             ferred annually to the community college account, created by in  sec-
 34             tion 33-2139, Idaho Code;
 35             (iv)   One million two hundred thousand dollars ($1,200,000) shall be
 36             transferred  annually to the public school income fund, as defined in
 37             section 33-903, Idaho Code;
 38             (v)    Six hundred fifty thousand dollars ($650,000) shall be  trans-
 39             ferred  annually  to the cooperative welfare account in the dedicated
 40             fund;
 41             (vi)   Six hundred eighty thousand dollars ($680,000) shall be trans-
 42             ferred annually to the drug court, mental  health  court  and  family
 43             court services fund; and

                                       2

  1             (vii)  Four hundred forty thousand dollars ($440,000) shall be trans-
  2             ferred  annually to the drug and mental health court supervision fund
  3             which is created in section 23-409, Idaho Code; and
  4             (viii) The balance shall be transferred to the general fund.
  5        (c)  The remainder of the moneys received in the liquor account  shall  be
  6        appropriated and paid as follows:
  7             (i)    Forty  percent (40%) of the balance remaining after the trans-
  8             fers authorized by paragraphs (a) and (b)  of  this  subsection  have
  9             been  made is hereby appropriated to and shall be paid to the several
 10             counties. Each county shall be entitled to an  amount in the  propor-
 11             tion  that  liquor sales through the dispensary in that county during
 12             the state's previous fiscal year bear to total liquor  sales  through
 13             the  dispensary in the state during the state's previous fiscal year,
 14             except that no county shall be entitled to an amount less  than  that
 15             county  received  in distributions from the liquor account during the
 16             state's fiscal year 1981.
 17             (ii)   Sixty percent (60%) of the balance remaining after the  trans-
 18             fers  authorized  by  paragraphs  (a) and (b) of this subsection have
 19             been made is hereby appropriated to and shall be paid to the  several
 20             cities as follows:
 21                  1.  Ninety  percent (90%) of the amount appropriated to the cit-
 22                  ies shall be distributed to those cities  which  have  a  liquor
 23                  store  or distribution station located within the corporate lim-
 24                  its of the city. Each such city shall be entitled to  an  amount
 25                  in  the  proportion  that liquor sales through the dispensary in
 26                  that city during the state's previous fiscal year bear to  total
 27                  liquor  sales  through  the  dispensary  in the state during the
 28                  state's previous fiscal year, except that no city shall be enti-
 29                  tled to an amount less than that city received in  distributions
 30                  from the liquor account during the state's fiscal year 1981;
 31                  2.  Ten  percent  (10%) of the amount appropriated to the cities
 32                  shall be distributed to those cities which do not have a  liquor
 33                  store  or distribution station located within the corporate lim-
 34                  its of the city. Each such city shall be entitled to  an  amount
 35                  in the proportion that that city's population bears to the popu-
 36                  lation  of  all  cities  in the state which do not have a liquor
 37                  store or distribution station located within the corporate  lim-
 38                  its  of  the  city,  except that no city shall be entitled to an
 39                  amount less than that city received in  distributions  from  the
 40                  liquor account during the state's fiscal year 1981.
 41        (2)  All  transfers  and distributions shall be made periodically, but not
 42    less frequently than quarterly but, the apportionments made to any  county  or
 43    city,  which  may during the succeeding three (3) year period be found to have
 44    been in error either of computation or transmittal, shall be corrected  during
 45    the  fiscal  year of discovery by a reduction of apportionments in the case of
 46    over-apportionment or by an increase of apportionments in the case  of  under-
 47    apportionment.  The decision of the superintendent on entitlements of counties
 48    and cities shall be final, and shall not be subject to judicial review.

Statement of Purpose / Fiscal Impact


                  STATEMENT OF PURPOSE

                        RS 17403

Section 23-404(b)(iii), Idaho Code allows for $300,000 to be 
transferred annually to the community college account.  Over the 
past 25 years, the College of Southern Idaho and North Idaho 
College have each received $150,000 from this account.  With 
addition of the College of Western Idaho, the fund will now be 
split equally between three community colleges rather than two.  
This will result in a loss of $50,000 for CSI and a loss of 
$50,000 for NIC.

This legislation will increase the amount to $600,000.

This amount has not increased or been adjusted for inflation for 
approximately 25 years.  It is a very stable revenue source for 
community colleges.  The increased amount would provide each 
existing community college $200,000 per year.



                       FISCAL NOTE

$300,000 additional dollars will be taken from the liquor fund.  
Each existing community college will receive $200,000 per year.



CONTACT
Name:	Mike Mason
Agency:	State Board of Education/College of Southern Idaho
Phone:	208-732-6203


STATEMENT OF PURPOSE/FISCAL NOTE	                   H 400