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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
967
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
DISTRIBUTION
OF
MONEYS
IN
LIQUOR
ACCOUNT;
AMENDING
SECTION
2
23
-
404,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
DISTRIBUTION
OF
3
MONEYS
IN
THE
LIQUOR
ACCOUNT;
AMENDING
SECTION
33
-
2139,
IDAHO
CODE,
TO
4
PROVIDE
A
CORRECT
CODE
REFERENCE;
AND
DECLARING
AN
EMERGENCY
AND
PRO
-
5
VIDING
AN
EFFECTIVE
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
That
Section
23
-
404,
Idaho
Code,
be,
and
the
same
is
hereby
8
amended
to
read
as
follows:
9
23
-
404.
DISTRIBUTION
OF
MONEYS
IN
LIQUOR
ACCOUNT.
(1)
The
moneys
re
-
10
ceived
into
the
liquor
account
shall
be
transferred
or
appropriated
as
fol
-
1
1
lows:
12
(a)
An
amount
of
money
equal
to
the
actual
cost
of
purchase
of
alcoholic
13
liquor
and
payment
of
expenses
of
administration
and
operation
of
the
14
division,
as
determined
by
the
director
and
certified
quarterly
to
the
15
state
controller,
shall
be
transferred
back
to
the
division;
provided,
16
that
the
amount
so
transferred
back
for
administration
and
operation
of
17
the
division
shall
not
exceed
the
amount
authorized
to
be
expended
by
18
regular
appropriation
authorization.
19
(b)
From
fiscal
year
2006
through
fiscal
year
2009,
forty
percent
(40%)
20
of
the
Fifty
percent
(50%)
of
the
balance
remaining
after
transferring
21
the
amounts
authorized
by
paragraph
(a)
of
this
subsection
shall
be
22
transferred
or
appropriated
pursuant
to
this
paragraph
.
Beginning
in
23
fiscal
year
2010,
the
percentage
transferred
pursuant
to
this
paragraph
24
shall
increase
to
forty
-
two
percent
(42%)
with
an
increase
of
two
per
-
25
cent
(2%)
for
each
subsequent
fiscal
year
thereafter
until
fiscal
year
26
2014,
when
such
percentage
shall
be
fifty
percent
(50%).
as
follows:
27
(i)
For
fiscal
year
2006
and
through
fiscal
year
2009,
one
mil
-
28
lion
eight
hundred
thousand
dollars
($1,800,000)
shall
be
appro
-
29
priated
and
paid
to
the
cities
and
counties
as
set
forth
in
para
-
30
graph
(c)(i)
and
(ii)
of
this
subsection;
31
(ii)
(i)
Two
million
eighty
thousand
dollars
($2,080,000)
shall
32
be
transferred
annually
to
the
substance
abuse
treatment
fund
cre
-
33
ated
in
section
23
-
408,
Idaho
Code;
34
(iii)
(ii)
Eight
hundred
thousand
dollars
($800,000)
shall
be
35
transferred
annually
to
the
state
community
college
account
cre
-
36
ated
in
section
33
-
2139,
Idaho
Code;
37
(iv)
(iii)
One
million
two
hundred
thousand
dollars
($1,200,000)
38
shall
be
transferred
annually
to
the
public
school
income
fund
as
39
defined
in
section
33
-
903,
Idaho
Code;
40
2
(v)
(iv)
Six
hundred
fifty
thousand
dollars
($650,000)
shall
be
1
transferred
annually
to
the
cooperative
welfare
fund
in
the
dedi
-
2
cated
fund;
3
(vi)
(v)
Six
hundred
eighty
thousand
dollars
($680,000)
shall
be
4
transferred
annually
to
the
drug
court,
mental
health
court
and
5
family
court
services
fund;
6
(vii)
(vi)
Four
hundred
forty
thousand
dollars
($440,000)
shall
7
be
transferred
annually
to
the
drug
and
mental
health
court
super
-
8
vision
fund
created
in
section
23
-
409,
Idaho
Code;
and
9
(vii)
Two
million
dollars
($2,000,000)
shall
be
transferred
an
-
10
nually
to
the
Idaho
law
enforcement
fund
established
in
section
1
1
67
-
2914,
Idaho
Code,
and
shall
be
used
exclusively
for
the
pur
-
12
poses
described
in
section
49
-
454(3),
Idaho
Code;
and
13
(viii)
The
balance
shall
be
transferred
to
the
general
fund,
after
14
one
and
one
-
half
percent
(1.5%)
of
such
balance
is
transferred
to
15
the
peace
officers
standards
and
training
fund
created
in
section
16
19
-
5116,
Idaho
Code.
17
(c)
The
remainder
of
the
moneys
received
in
the
liquor
account
Fifty
18
percent
(50%)
of
the
balance
remaining
after
transferring
the
amounts
19
authorized
by
paragraph
(a)
of
this
subsection
shall
be
transferred
or
20
appropriated
and
paid
as
follows:
21
(i)
For
fiscal
year
2018,
forty
percent
(40%)
of
the
balance
22
remaining
after
the
transfers
authorized
by
paragraphs
(a)
and
23
(b)
of
this
subsection
have
been
made
is
hereby
appropriated
to
24
and
shall
be
paid
to
the
several
counties.
For
fiscal
year
2019,
25
the
amount
apportioned
to
counties
shall
decrease
to
thirty
-
nine
26
and
two
-
tenths
percent
(39.2%)
with
a
decrease
of
eight
-
tenths
27
percent
(.8%)
for
each
subsequent
fiscal
year
thereafter
until
28
fiscal
year
2023
when
such
percentage
shall
be
thirty
-
six
percent
29
(36%).
Eighty
-
five
percent
(85%)
of
such
balance
remaining
shall
30
be
transferred
or
appropriated
as
follows:
31
1.
Two
million
dollars
($2,000,000)
shall
be
transferred
32
annually
to
the
Idaho
law
enforcement
fund
established
in
33
section
67
-
2914,
Idaho
Code,
and
shall
be
used
exclusively
34
for
the
purposes
described
in
section
49
-
454(3),
Idaho
Code.
35
2.
Forty
-
two
and
three
-
tenths
percent
(42.3%)
of
the
36
balance
remaining
after
the
transfer
authorized
by
sub
-
37
paragraph
(i)1.
of
this
paragraph
has
been
made
is
hereby
38
appropriated
to
and
shall
be
paid
to
the
several
counties.
39
Each
county
shall
be
entitled
to
an
amount
in
the
proportion
40
that
liquor
sales
through
the
division
in
that
county
during
41
the
state's
previous
fiscal
year
bear
to
total
liquor
sales
42
through
the
division
in
the
state
during
the
state's
previ
-
43
ous
fiscal
year,
except
that
no
county
shall
be
entitled
to
44
an
amount
less
than
that
county
received
in
distributions
45
from
the
liquor
account
during
the
state's
fiscal
year
1981.
46
(ii)
3.
For
fiscal
year
2018,
sixty
percent
(60%)
Fifty
-
47
seven
and
seven
-
tenths
percent
(57.7%)
of
the
balance
48
remaining
after
the
transfers
transfer
authorized
by
49
paragraphs
(a)
and
(b)
of
this
subsection
have
subparagraph
50
3
(i)1.
of
this
paragraph
has
been
made
is
hereby
appropriated
1
to
and
shall
be
paid
to
the
several
cities.
For
fiscal
year
2
2019,
the
amount
apportioned
to
the
several
cities
shall
de
-
3
crease
to
fifty
-
seven
and
eight
-
tenths
percent
(57.8%)
with
4
a
decrease
of
two
and
two
-
tenths
percent
(2.2%)
for
each
sub
-
5
sequent
fiscal
year
thereafter
until
fiscal
year
2023
when
6
such
percentage
shall
be
forty
-
nine
percent
(49%).
Amounts
7
paid
to
the
several
cities
shall
be
distributed
as
follows:
8
1.
(A)
Ninety
percent
(90%)
of
the
amount
appropri
-
9
ated
to
the
cities
shall
be
distributed
to
those
cities
10
that
have
a
liquor
store
or
distribution
station
lo
-
1
1
cated
within
the
corporate
limits
of
the
city.
Each
12
such
city
shall
be
entitled
to
an
amount
in
the
pro
-
13
portion
that
liquor
sales
through
the
division
in
that
14
city
during
the
state's
previous
fiscal
year
bear
to
15
total
liquor
sales
through
the
division
in
the
state
16
during
the
state's
previous
fiscal
year,
except
that
no
17
city
shall
be
entitled
to
an
amount
less
than
that
city
18
received
in
distributions
from
the
liquor
account
dur
-
19
ing
the
state's
fiscal
year
1981;
20
2.
(B)
Ten
percent
(10%)
of
the
amount
appropriated
to
21
the
cities
shall
be
distributed
to
those
cities
that
do
22
not
have
a
liquor
store
or
distribution
station
located
23
within
the
corporate
limits
of
the
city.
Each
such
city
24
shall
be
entitled
to
an
amount
in
the
proportion
that
25
its
population
bears
to
the
population
of
all
cities
in
26
the
state
that
do
not
have
a
liquor
store
or
distribu
-
27
tion
station
located
within
the
corporate
limits
of
the
28
city,
except
that
no
city
shall
be
entitled
to
an
amount
29
less
than
that
city
received
in
distributions
from
the
30
liquor
account
during
the
state's
fiscal
year
1981.
31
(iii)
(ii)
For
fiscal
year
2019,
an
additional
amount
of
three
32
percent
(3%)
of
the
balance
remaining
after
the
transfers
autho
-
33
rized
by
paragraphs
(a)
and
(b)
of
this
subsection
have
been
made
34
Fifteen
percent
(15%)
of
such
balance
remaining
is
hereby
appro
-
35
priated
to
the
several
counties
for
deposit
in
the
district
court
36
fund.
Such
funds
shall
be
dedicated
to
provide
for
the
suitable
37
and
adequate
quarters
of
the
magistrate
division
of
the
district
38
court,
including
the
facilities
and
equipment
necessary
to
make
39
the
space
provided
functional
for
its
intended
use,
and
shall
pro
-
40
vide
for
the
staff
personnel,
supplies
and
other
expenses
of
the
41
magistrate
division.
For
fiscal
year
2020,
the
amount
apportioned
42
to
the
several
counties
for
deposit
in
the
district
court
fund
43
shall
be
six
percent
(6%)
with
an
increase
of
three
percent
(3%)
44
for
each
subsequent
year
until
fiscal
year
2023
when
such
percent
-
45
age
shall
be
fifteen
percent
(15%).
Amounts
paid
to
the
several
46
counties
pursuant
to
this
subparagraph
shall
be
distributed
as
47
follows:
48
4
1.
The
first
four
hundred
forty
thousand
dollars
($440,000)
1
shall
be
distributed
to
each
of
the
forty
-
four
(44)
counties
2
in
equal
amounts;
3
2.
Fifty
percent
(50%)
of
the
remaining
funds
shall
be
dis
-
4
tributed
to
the
forty
-
four
(44)
counties
in
proportion
to
5
the
population
of
the
county
in
relation
to
the
population
of
6
the
state;
and
7
3.
Fifty
percent
(50%)
of
the
remaining
funds
shall
be
dis
-
8
tributed
to
the
forty
-
four
(44)
counties
in
proportion
to
9
the
number
of
misdemeanor
and
infraction
filings
initiated
10
by
city
law
enforcement
officers
in
the
county
during
the
1
1
state's
previous
fiscal
year
in
relation
to
the
proportion
12
of
the
number
of
misdemeanor
and
infraction
filings
initi
-
13
ated
by
all
city
law
enforcement
officers
in
the
state.
14
(2)
All
transfers
and
distributions
shall
be
made
periodically,
but
not
15
less
frequently
than
quarterly,
but
the
apportionments
made
to
any
county
or
16
city
that
may
during
the
succeeding
three
(3)
year
period
be
found
to
have
17
been
in
error
either
of
computation
or
transmittal
shall
be
corrected
during
18
the
fiscal
year
of
discovery
by
a
reduction
of
apportionments
in
the
case
of
19
over
-
apportionment
or
by
an
increase
of
apportionments
in
the
case
of
under
-
20
apportionment.
The
decision
of
the
director
on
entitlements
of
counties
and
21
cities
shall
be
final
and
shall
not
be
subject
to
judicial
review.
22
(3)
For
purposes
of
this
section,
"city
law
enforcement
officer"
means
23
an
individual,
either
employed
directly
by
a
city
or
by
way
of
a
contract
for
24
law
enforcement
services
with
another
city
or
county,
authorized
to
investi
-
25
gate,
enforce,
prosecute
or
punish
violations
of
city
or
state
statutes,
or
-
26
dinances
or
regulations.
27
SECTION
2.
That
Section
33
-
2139,
Idaho
Code,
be,
and
the
same
is
hereby
28
amended
to
read
as
follows:
29
33
-
2139.
STATE
COMMUNITY
COLLEGE
ACCOUNT
CREATED.
There
is
hereby
30
created
a
state
community
college
account
in
the
state
operating
fund
in
the
31
state
treasurer's
office
to
which
shall
be
credited
all
moneys
that
may
be
32
transferred
pursuant
to
section
23
-
404(1)(b)
(iii)
(ii)
,
Idaho
Code.
The
33
state
treasurer
shall
make
such
disbursements
from
the
account
as
may
be
34
ordered
by
the
state
board
of
education
in
accordance
with
the
provisions
of
35
this
act.
36
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
37
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
38
July
1,
2026.
39