2008 Legislation
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SENATE CONCURRENT RESOLUTION NO. 125<br /> – Fuel tax agreements, ratified

SENATE CONCURRENT RESOLUTION NO. 125

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Bill Status



SCR125.....................................................by STATE AFFAIRS
FUEL TAX AGREEMENTS - Stating findings of the Legislature and ratifying
certain fuel tax agreements signed by the Governor on behalf of the state
of Idaho with certain enumerated Indian Tribes.

02/04    Senate intro - 1st rdg - to printing
02/05    Rpt prt - to St Aff
02/06    Rpt out - rec d/p - to 10th Ord
02/11    10th Ord - ADOPTED - voice vote
    Floor Sponsor - President Pro Tempore Geddes
    Title apvd - to House
02/12    House intro - 1st rdg - to St Aff
02/20    Rpt out - rec d/p - to 2nd rdg
02/21    2nd rdg - to 3rd rdg
02/22    3rd rdg - ADOPTED - 55-8-7
      AYES -- Anderson, Bayer, Bell, Bilbao, Black, Block, Bock, Boe, Bolz,
      Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins, Crane,
      Durst, Eskridge, Hart, Henbest, Henderson, Jaquet, Killen, King,
      Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews,
      McGeachin, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
      Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shirley, Shively,
      Smith(30)(Stanek), Snodgrass, Thayn, Thomas, Trail, Vander Woude,
      Wills, Mr. Speaker
      NAYS -- Barrett, Bowers, Hagedorn, Harwood, Mortimer, Shepherd(02),
      Shepherd(08), Wood(35)
      Absent and excused -- Andrus, Bedke, Kren, Raybould, Smith(24),
      Stevenson, Wood(27)
    Floor Sponsor - Bilbao
    Title apvd - To Senate
02/25    To enrol
02/26    Rpt enrol - Pres signed
02/27    Sp signed
02/28    To Secretary of State

Bill Text




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

                                                                       

                                       IN THE SENATE

                            SENATE CONCURRENT RESOLUTION NO. 125

                                 BY STATE AFFAIRS COMMITTEE

  1                               A CONCURRENT RESOLUTION
  2    STATING FINDINGS OF THE LEGISLATURE AND RATIFYING CERTAIN FUEL TAX  AGREEMENTS
  3        SIGNED  BY  THE GOVERNOR ON BEHALF OF THE STATE OF IDAHO WITH CERTAIN ENU-
  4        MERATED INDIAN TRIBES, EFFECTIVE THE DATE OF SAID AGREEMENTS.

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

  6        WHEREAS, the First Regular Session of the  Fifty-ninth  Idaho  Legislature
  7    passed  and the Governor signed House Bill No. 249, as amended, which provided
  8    that taxes imposed by Chapter 24, Title 63, Idaho Code,  shall  not  apply  to
  9    motor  fuel that is the subject of an agreement authorized by Section 67-4002,
 10    Idaho Code, to the extent provided by the agreement, but only if the agreement
 11    is signed by the Governor and an appropriate representative of a tribe  before
 12    December 1, 2007; and
 13        WHEREAS,  Section  67-4002, Idaho Code, permits the Governor to enter into
 14    agreements with certain enumerated Indian  Tribes  regarding  the  assessment,
 15    nonassessment,  collection,  refund and sharing of any fuel tax imposed by the
 16    state and revenues from fuel taxes, subject to ratification by both houses  of
 17    the Legislature by adoption of a concurrent resolution; and
 18        WHEREAS,  cooperation between the Governor on behalf of the state of Idaho
 19    and Coeur d'Alene, Kootenai, Nez Perce and Shoshone-Bannock Tribes relating to
 20    the assessment or nonassessment of state motor fuel taxes  on  fuels  sold  by
 21    these  Tribes  is  desirable, mutually beneficial and preferable to litigating
 22    disputes arising out of such taxation; and
 23        WHEREAS, the Governor engaged in good-faith negotiations  with  the  Coeur
 24    d'Alene,  Kootenai, Nez Perce and Shoshone-Bannock Tribes and reached historic
 25    agreements with said Tribes prior to the December 1, 2007, statutory deadline;
 26        WHEREAS, the Governor, on behalf of the state of Idaho, signed the  Agree-
 27    ment  for  the  Collection  and  Dissemination  of Motor Fuel Taxes Within the
 28    Boundaries of the Coeur d'Alene Reservation, dated October 16, 2007, with  the
 29    Coeur d'Alene Tribe; and
 30        WHEREAS,  the  Governor, on behalf of the state of Idaho, signed the Motor
 31    Fuels Tax Agreement, dated October 24, 2007, with the Shoshone-Bannock Tribes;
 32    and
 33        WHEREAS, the Governor, on behalf of the state of Idaho, signed  the  Motor
 34    Fuels Tax Agreement, dated November 30, 2007, with the Kootenai Tribe; and
 35        WHEREAS,  the Governor, on behalf of the state of Idaho, signed the Agree-
 36    ment for the Collection and Distribution of Motor Fuel Taxes,  dated  November
 37    30, 2007, with the Nez Perce Tribe.
 38        NOW,  THEREFORE,  BE IT RESOLVED by the members of the Second Regular Ses-
 39    sion of the Fifty-ninth Idaho Legislature, the Senate and the House of  Repre-
 40    sentatives  concurring therein, that the following agreements are hereby rati-
 41    fied, effective the date of each agreement:
 42        (1)  The Agreement for the Collection  and  Dissemination  of  Motor  Fuel
 43    Taxes  Within  the  Boundaries of the Coeur d'Alene Reservation, dated October
 44    16, 2007, signed by the Governor on behalf of the  state  of  Idaho  with  the

                                       2

  1    Coeur d'Alene Tribe;
  2        (2)  The  Motor Fuels Tax Agreement, dated October 24, 2007, signed by the
  3    Governor on behalf of the state of Idaho with the Shoshone-Bannock Tribes;
  4        (3)  The Motor Fuels Tax Agreement, dated November 30, 2007, signed by the
  5    Governor on behalf of the state of Idaho with the Kootenai Tribe; and
  6        (4)  The Agreement for the  Collection  and  Distribution  of  Motor  Fuel
  7    Taxes,  dated November 30, 2007, signed by the Governor on behalf of the state
  8    of Idaho with the Nez Perce Tribe.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS17768

The purpose of this resolution is to ratify motor fuel tax
agreements between the Coeur d'Alene, Kootenai, Nez Perce and
Shoshone-Bannock Tribes and the Governor on behalf of the State of
Idaho pursuant to Idaho Code 67-4002 and clarify that the effective
dates of the agreements are the date each agreement was signed by
the Governor and representatives of the tribes.


                           FISCAL NOTE

No fiscal impact to the general fund.





Contact
Name:  Governor C.L. "Butch" Otter 
Phone: 334-2100
Robert L. Geddes, Senate Pro Tem
Phone: 332-1300
Lawerence Denney, Speaker of the House
Phone: 332-1111


STATEMENT OF PURPOSE/FISCAL NOTE                       SCR 125