2008 Legislation
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HOUSE BILL NO. 386<br /> – Liquor acct, moneys, distribution

HOUSE BILL NO. 386

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Bill Status



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

Bill Text




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

                                                                       

                              IN 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)   Two  Three  million eighty two 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 eighty One 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; and
  2             (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 / Fiscal Impact



                       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