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H0386...............................................by REVENUE AND TAXATION
LIQUOR ACCOUNT - Amends existing law to revise provisions relating to the
transfer and appropriation of moneys in the Liquor 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 - 40-29-1
AYES -- Andrus, Barrett, Bedke, Bilbao, Black, Boe, Bradford,
Chadderdon, Chavez, Chew, Clark, Collins, Durst, Hart, Harwood,
Killen, King, Labrador, Lake, LeFavour, Luker, Marriott, Moyle,
Patrick, Pence, Raybould, Ringo, Roberts, Ruchti, Rusche, Sayler,
Schaefer, Shirley, Shively, Smith(30), Smith(24), Snodgrass, Trail,
Wills, Wood(35)
NAYS -- Anderson, Bayer, Bell, Block, Bock, Bolz, Bowers, Brackett,
Crane, Eskridge, Hagedorn, Henbest, Henderson, Kren, Loertscher,
Mathews, McGeachin, Mortimer, Nielsen, Nonini, Pasley-Stuart,
Shepherd(02), Shepherd(08), Stevenson, Thayn, Thomas, Vander Woude,
Wood(27), Mr. Speaker
Absent and excused -- Jaquet
Floor Sponsor - Clark
Title apvd - to Senate
02/14 Senate intro - 1st rdg - to Fin
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 386 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO THE LIQUOR ACCOUNT; AMENDING SECTION 23-404, IDAHO CODE, TO REVISE 3 PROVISIONS RELATING TO THE TRANSFER AND APPROPRIATION OF MONEYS IN THE 4 LIQUOR ACCOUNT AND TO MAKE A TECHNICAL CORRECTION. 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)TwoThree millioneightytwo hundred ninety thousand dollars 30 ($2,0803,290,000) shall be transferred annually to the substance 31 abuse treatment fund, which is created in section 23-408, Idaho Code; 32 (iii) Three hundred thousand dollars ($300,000) shall be transferred 33 annually to the community college account, created by section 34 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 eightyOne million four hundred ninety-one thou- 42 sand three hundred dollars ($680,0001,491,300) shall be transferred 43 annually to the drug court, mental health court and family court ser- 2 1 vices fund;and2 (vii) Four hundred forty thousand dollars ($440,000) shall be trans- 3 ferred annually to the drug and mental health court supervision fund 4 which is created in section 23-409, Idaho Code; and 5 (viii) The balance shall be transferred to the general fund. 6 (c) The remainder of the moneys received in the liquor account shall be 7 appropriated and paid as follows: 8 (i) Forty percent (40%) of the balance remaining after the trans- 9 fers authorized by paragraphs (a) and (b) of this subsection have 10 been made is hereby appropriated to and shall be paid to the several 11 counties. Each county shall be entitled to an amount in the propor- 12 tion that liquor sales through the dispensary in that county during 13 the state's previous fiscal year bear to total liquor sales through 14 the dispensary in the state during the state's previous fiscal year, 15 except that no county shall be entitled to an amount less than that 16 county received in distributions from the liquor account during the 17 state's fiscal year 1981. 18 (ii) Sixty percent (60%) of the balance remaining after the trans- 19 fers authorized by paragraphs (a) and (b) of this subsection have 20 been made is hereby appropriated to and shall be paid to the several 21 cities as follows: 22 1. Ninety percent (90%) of the amount appropriated to the cit- 23 ies shall be distributed to those cities which have a liquor 24 store or distribution station located within the corporate lim- 25 its of the city. Each such city shall be entitled to an amount 26 in the proportion that liquor sales through the dispensary in 27 that city during the state's previous fiscal year bear to total 28 liquor sales through the dispensary in the state during the 29 state's previous fiscal year, except that no city shall be enti- 30 tled to an amount less than that city received in distributions 31 from the liquor account during the state's fiscal year 1981; 32 2. Ten percent (10%) of the amount appropriated to the cities 33 shall be distributed to those cities which do not have a liquor 34 store or distribution station located within the corporate lim- 35 its of the city. Each such city shall be entitled to an amount 36 in the proportion that that city's population bears to the popu- 37 lation of all cities in the state which do not have a liquor 38 store or distribution station located within the corporate lim- 39 its of the city, except that no city shall be entitled to an 40 amount less than that city received in distributions from the 41 liquor account during the state's fiscal year 1981. 42 (2) All transfers and distributions shall be made periodically, but not 43 less frequently than quarterly but, the apportionments made to any county or 44 city, which may during the succeeding three (3) year period be found to have 45 been in error either of computation or transmittal, shall be corrected during 46 the fiscal year of discovery by a reduction of apportionments in the case of 47 over-apportionment or by an increase of apportionments in the case of under- 48 apportionment. The decision of the superintendent on entitlements of counties 49 and cities shall be final, and shall not be subject to judicial review.
STATEMENT OF PURPOSE
RS 17536
This bill amends existing provisions relating to the distribution
of monies in the State Liquor Account for the purpose of
expanding misdemeanor drug courts. The distribution from the
Liquor Account to the Substance Abuse Treatment fund would be
increased by $1,210,000, from $2,080,000 to $3,290,000. The
distribution from the Liquor Account to the Drug court, Mental
Health Court, and Family Court Services Fund would be increased
by $811,300, from $680,000 to $1,491,300. With these changes, it
is estimated that an additional 275 offenders can be admitted to
misdemeanor drug and DUI courts.
FISCAL NOTE
The fiscal impact to the general fund would be a reduction of
$2,021,300 in fiscal year 2009.
Contact
Name: Representative Jim Clark, Judiciary, Rules & Administration
Committee
Phone: 332-1127
STATEMENT OF PURPOSE/FISCAL NOTE H 386