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735 BY REVENUE AND TAXATION COMMITTEE AN ACT RELATING TO COUNTY INDIGENT SERVICES AND FINANCES;
735, As Amended in the Senate BY REVENUE AND TAXATION COMMITTEE AN ACT RELATING TO COUNTY INDIGENT SERVICES AND FINANCES;
REPEALING SECTION 31-3558, IDAHO CODE, RELATING TO CERTAIN NONDISCLOSURE OF PERSONAL IDENTIFYING INFORMATION;
AMENDING SECTION 57-811, IDAHO CODE, TO PROVIDE FOR THE TRANSFER OF MONEYS FROM THE TAX RELIEF FUND;
AMENDING SECTION 67-7903, IDAHO CODE, TO REMOVE A CODE REF- ERENCE AND TO PROVIDE CERTAIN EXCEPTIONS;
AMENDING SECTION 67-7903, IDAHO CODE, TO REMOVE A CODE REFERENCE;
REPEALING SECTION 57-811, IDAHO CODE, RELATING TO THE TAX RELIEF FUND;
Further, it is the in- tent of the Legislature that, before the sunset of the three percent escala- tor after fiscal year 2030, as provided in Section 3 of this act, the Legis- lature reassess the need for ongoing contributions from local government to indigent public defense, if any, in the form of an ongoing escalator.
It is also the intent of the Legislature that all administrative rules promulgated by the State Public Defense Commission shall expire on and after October 1, 2024, after the transition to the new model.
(10) Eleven and five-tenths percent (11.5%) is continuously appro- priated and shall be distributed to the revenue-sharing account, which is hereby created in the state treasury, and the .
(10) Eleven and five-tenths percent (11.5%) is continuously appro- priated and shall be distributed to the revenue-sharing account, which is hereby created in the state treasury, and the moneys in the revenue-sharing account will be paid in installments each calendar quarter by the state tax commission on and after July 1, 2020, as follows:
Beginning in fiscal year 2025, nine million dollars ($9,000,000) shall be transferred from the rev - enue-sharing account each quarter to the state public defense fund created in section 57-827, Idaho Code.
Growth percentage in the revenue-sharing account shall be recalculated each quarter beginning in fiscal year 2026 and in each fiscal year thereafter through fiscal year 2030.
If the growth is positive in the revenue-sharing account and is calculated over the same period from the previous fiscal year, a proportional increase in the initial transfer amount of up to three percent (3%) annually shall be transferred to the state public defense fund.
After fiscal year 2030, an amount equal to one-fourth (1/4) of the total amount transferred from the revenue-shar - ing account to the state public defense fund in fiscal year 2030 shall be transferred quarterly from the revenue-sharing account to the state public defense fund.
The remaining moneys in the revenue-sharing account will be paid in installments each calendar quarter by the state tax commission on and after July 1, 2020, as follows:
(i) The revenue-sharing amount calculated by the state tax com- mission for the various cities for each quarter of fiscal year 2020 shall be the base amount for current quarterly revenue distribu- tion amounts.
(i) The Beginning in fiscal year 2025 and each fiscal year there- after, four million dollars ($4,000,000) shall be transferred each quarter to the state public defense fund created in section 57-827, Idaho Code.
The state tax commission shall calculate the per capita distribution for each city resulting from the previous fis- cal year's distributions.
(ii) After the distribution required by subparagraph (i) of this paragraph, the revenue-sharing amount calculated by the state tax commission for the various cities for each quarter of fiscal year 2020 shall be the base amount for current quarterly revenue dis- tribution amounts.
(ii) If there is no change in the amount of the revenue-sharing account from the same quarter of the previous fiscal year, then the various cities shall receive the same amount received for the same quarter of the previous fiscal year.
The state tax commission shall calculate the per capita distribution for each city resulting from the previous fiscal year's distributions.
(iii) If the balance of the revenue-sharing account for the cur- rent quarter is greater than the balance of the revenue-sharing account for the same quarter of the previous fiscal year, then:
(iii) If there is no change in the amount of the revenue-sharing account from the same quarter of the previous fiscal year, then the various cities shall receive the same amount received for the same quarter of the previous fiscal year.
(iiiv) If the balance of the revenue-sharing account for the cur- rent quarter is greater than the balance of the revenue-sharing account for the same quarter of the previous fiscal year, then:
(i) Fifty-nine and eight-tenths percent (59.8%) of the amount to be distributed under this paragraph (b) of this subsection shall be distributed as follows:
(i) Fifty-nine Beginning in fiscal year 2025, five million dol- lars ($5,000,000) shall be transferred each quarter to the state public defense fund created in section 57-827, Idaho Code.
The growth percentage distributed pursuant to this subparagraph shall be recalculated each quarter beginning in fiscal year 2026 and in each fiscal year thereafter through fiscal year 2030.
If the growth is positive and is calculated over the same period from the previous fiscal year, a proportional increase in the ini - tial transfer amount of up to five percent (5%) annually shall be transferred to the state public defense fund.
After fiscal year 2030, an amount equal to one-fourth (1/4) of the total amount transferred to the state public defense fund in fiscal year 2030 pursuant to this subparagraph shall be transferred quarterly to the state public defense fund;
(ii) Following the distribution required by subparagraph (i) of this paragraph, fifty-nine and eight-tenths percent (59.8%) of the amount to be distributed under this paragraph (b) of this sub- section shall be distributed as follows:
and (ii) Forty and two-tenths percent (40.2%) of the amount to be dis- tributed under this paragraph (b) of this subsection shall be dis- tributed as follows:
and (iii) Forty Following the distribution required by subparagraph (i) of this paragraph, forty and two-tenths percent (40.2%) of the amount to be distributed under this paragraph (b) of this subsec- tion shall be distributed as follows:
If the dollar amount of money available under this sub- section (10)(b)(ii) in any quarter does not equal the amount paid in the fourth quarter of calendar year 1999, each county's payment shall be reduced proportionately.
If the dollar amount of money available under this sub- section (10)(b)(iii ) in any quarter does not equal the amount paid in the fourth quarter of calendar year 1999, each county's payment shall be reduced proportionately.
If the dollar amount of money available under this sub- section (10)(b)(ii) in any quarter exceeds the amount paid in the fourth quarter of calendar year 1999, each county shall be entitled to a proportionately increased payment, but such increase shall not exceed one hundred five percent (105%) of the total payment made in the fourth quarter of calendar year 1999.
If the dollar amount of money available under this sub- section (10)(b)(iii ) in any quarter exceeds the amount paid in the fourth quarter of calendar year 1999, each county shall be entitled to a proportionately increased payment, but such increase shall not exceed one hundred five percent (105%) of the total payment made in the fourth quarter of calendar year 1999.
If the dollar amount of money available under this sub- section (10)(b)(ii) in any quarter exceeds one hundred five percent (105%) of the total payment made in the fourth quar- ter of calendar year 1999, any amount over and above such one hundred five percent (105%) shall be paid to the various counties in the proportion that the population of the county bears to the population of the state;
If the dollar amount of money available under this sub- section (10)(b)(iii ) in any quarter exceeds one hundred five percent (105%) of the total payment made in the fourth quar- ter of calendar year 1999, any amount over and above such one hundred five percent (105%) shall be paid to the various counties in the proportion that the population of the county bears to the population of the state;
(14) Amounts collected from purchasers and paid to the state of Idaho by retailers that are not engaged in business in this state and which re - tailer would not have been required to collect the sales tax, less amounts otherwise distributed in subsections (1) and (10) of this section, shall be distributed to the tax relief fund created in section 57-811, Idaho Code.
(14) Amounts collected from purchasers and paid to the state of Idaho by retailers that are not engaged in business in this state and which retailer would not have been required to collect the sales tax, less amounts other - wise distributed in subsections (1) and (10) of this section, shall be dis - tributed to the tax relief fund created in section 57-811, Idaho Code.
For fiscal years 2023 and 2024 only, a sum of twenty mil- lion nine hundred sixty thousand six hundred nineteen dollars ($20,960,619) shall be distributed each year by the state tax commission, apportioned to each county in an amount equivalent to each county's 2021 charity and in - digent fund levy as certified with the state tax commission, to replace the revenue lost from the elimination of the charity and indigent fund levy.
For fiscal years 2023 and 2024 only, a sum of thirty-four mil- lion dollars ($34,000,000) shall be distributed each year by the state tax commission to the forty-four (44) counties in the proportion that the expen - ditures of each county for indigent defense services during county fiscal year 2021, excluding any state funding or grants, bear to the expenditures of all counties in the state for indigent defense services during county fis - cal year 2021, excluding any state funding or grants.
No later than July 1, 2022, the state public defense commission shall certify to the state tax com - mission each county's proportionate share of all counties' indigent defense expenses in county fiscal year 2021, excluding any state funding or grants.
That Section 31-863, Idaho Code, be, and the same is hereby repealed.
That Section 31-863 , Idaho Code, be, and the same is hereby repealed.
The county com- missioners in their respective counties shall, under such limitations and restrictions as are prescribed by law, :
The county com- missioners in their respective counties shall, under such limitations and restrictions as are prescribed by law,:
That Section 31-3504 , Idaho Code, be, and the same is hereby repealed.
That Section 31-3504, Idaho Code, be, and the same is hereby repealed.
That Section 31-3505 , Idaho Code, be, and the same is hereby repealed.
That Section 31-3505, Idaho Code, be, and the same is hereby repealed.
That Section 31-3505E, Idaho Code, be, and the same is hereby repealed.
That Section 31-3505E , Idaho Code, be, and the same is hereby repealed.
That Section 31-3505F, Idaho Code, be, and the same is hereby repealed.
That Section 31-3505F , Idaho Code, be, and the same is hereby repealed.
(1) Notwithstanding any provision of law or rule to the contrary, no person eligible for medicaid pursuant to section 56-254 or 56-267, Idaho Code, shall be eligible for fi- nancial assistance pursuant to this chapter as it existed on January 1, 2022 .
(1) Notwithstanding any provision of law or rule to the contrary, no person eligible for medicaid pursuant to section 56-254 or 56-267, Idaho Code, shall be eligible for fi- nancial assistance pursuant to this chapter as it existed on March 1, 2022 .
(2) Notwithstanding any provision of law or rule to the contrary, no person eligible for health insurance shall be eligible for financial assis- tance pursuant to this chapter as it existed on January 1, 2022 .
(2) Notwithstanding any provision of law or rule to the contrary, no person eligible for health insurance shall be eligible for financial assis- tance pursuant to this chapter as it existed on March 1, 2022.
(3) Notwithstanding any provision of law or rule to the contrary, no person in a commitment proceeding pursuant to chapter 3, title 66, Idaho Code, who is eligible for medicaid or eligible for health insurance shall be eligible for financial assistance pursuant to this chapter as it existed on January 1, 2022 .
(3) Notwithstanding any provision of law or rule to the contrary, no person in a commitment proceeding pursuant to chapter 3, title 66, Idaho Code, who is eligible for medicaid or eligible for health insurance shall be eligible for financial assistance pursuant to this chapter as it existed on March 1, 2022.
(4) It is the intent of the legislature that moneys saved by counties pursuant to this section may be used for additional county aid to public health districts as required by section 39-424A, Idaho Code.
(4) A board of county commissioners, the board of the catastrophic health care cost program, or the department of health and welfare receiving an application for assistance for services received through March 31, 2022, shall process such application pursuant to this chapter as it existed on March 1, 2022.
(5) It is the intent of the legislature that moneys saved by counties pursuant to this section may be used for additional county aid to public health districts as required by section 39-424A, Idaho Code.
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That Section 31-3506 , Idaho Code, be, and the same is hereby repealed.
That Section 31-3506, Idaho Code, be, and the same is hereby repealed.
That Section 31-3507 , Idaho Code, be, and the same is hereby repealed.
That Section 31-3507, Idaho Code, be, and the same is hereby repealed.
31-3510A03.
31-3510A 03.
(1) Receipt of financial assistance pursuant to this chapter prior to March 31, 2022, shall obligate an applicant to reimburse the obligated county and the board state for such reasonable portion of the financial assistance paid on behalf of the applicant as the county commissioners may determine that the applicant is able to pay from resources over a reasonable period of time.
(1) Receipt of financial assistance pur- suant to this chapter An approved application for financial assistance for services received through March 31, 2022, shall obligate an applicant to re- imburse the obligated county and the board state for such reasonable portion of the financial assistance paid on behalf of the applicant as the county commissioners may determine that the applicant is able to pay from resources over a reasonable period of time.
Moneys disbursed to the state shall be deposited into the state general fund.
Moneys distributed to the state shall be deposited into the state gen - eral fund.
(7) That portion of the moneys received by a county as reimbursement that are not assigned to the catastrophic health care cost program shall be credited to the respective county medically indigent fund.
(7) That portion of the moneys received by a county as reimbursement that are not assigned to the catastrophic health care cost program state shall be credited to the respective county medically indigent current ex- pense fund.
(8) If, after a hearing, the final determination of the county commis- sioners is to require a reimbursement amount or rate the applicant believes excessive, the applicant may seek judicial review of the final determination of the county commissioners in the manner provided in section 31-1506, Idaho Code.
(8) If, after a hearing, the final determination of the county commis - sioners is to require a reimbursement amount or rate the applicant believes excessive, the applicant may seek judicial review of the final determination of the county commissioners in the manner provided in section 31-1506, Idaho Code.
The automatic lien attached to an application for services received through March 31, 2022, pursuant to this chapter as it existed on March 1, 2022, shall continue to be valid for the purposes of collecting reimburse - ment pursuant to this section.
31-3513 05.
31-351305.
(3) The provisions of section 31-808, Idaho Code, with respect to the sale and disposition of real and personal property owned by the county, shall not apply to transactions covered by section 31-351507, Idaho Code, and this section.
(3) The provisions of section 31-808, Idaho Code, with respect to the sale and disposition of real and personal property owned by the county, shall not apply to transactions covered by section 31-3515 07, Idaho Code, and this section.
That Section 31-3518 , Idaho Code, be, and the same is hereby repealed.
That Section 31-3518, Idaho Code, be, and the same is hereby repealed.
That Section 31-3519 , Idaho Code, be, and the same is hereby repealed.
That Section 31-3519, Idaho Code, be, and the same is hereby repealed.
That Section 31-3557, Idaho Code, be, and the same is hereby repealed.
That Section 31-3557 , Idaho Code, be, and the same is hereby repealed.
That Section 31-3558 , Idaho Code, be, and the same is hereby repealed.
SECTION 53.
That Section 57-811, Idaho Code, be, and the same is hereby amended to read as follows:
57-811.
TAX RELIEF FUND.
(1) There is hereby created in the state treasury the tax relief fund to which shall be credited all moneys remitted from sections 63-3620F and 63-3638, Idaho Code, from federal grants, dona- tions, or any other source.
Moneys in the fund are intended to fund future tax relief statutes enacted by the legislature and may be expended pursuant to appropriation.
All interest earned on the investment of idle moneys in the fund shall be returned to the fund.
(2) On July 15, 2021, the state controller shall transfer one hundred eighty million dollars ($180,000,000) from the tax relief fund to the 2021 Idaho tax rebate fund.
(3) For fiscal year 2022 and each fiscal year thereafter, the state con- troller shall transfer one hundred ten million dollars ($110,000,000) from the tax relief fund to the general fund.
(4) In addition to any other transfers authorized under this section, for fiscal years 2023 and 2024 only, the state controller shall transfer up to thirty-four million dollars ($34,000,000) from the tax relief fund to the general fund.
(5) On July 1, 2024, any remaining moneys in the tax relief fund shall be distributed pursuant to the provisions of section 63-3638, Idaho Code.
SECTION 54.
(6) For tax year 2023, before calculating the amount required in sub- section (1)(a)(i) of this section, the board of county commissioners shall reduce the approved property tax levy portion of its budget for the immediate prior three (3) years in an amount equal to the amount levied for the chari - ties fund authorized in section 31-863, Idaho Code.
(6) For tax year 2023, before calculating the amount required in sub- section (1)(a)(i) of this section, the board of county commissioners shall reduce the approved property tax levy portion of its budget for the immedi - ate prior three (3) years in an amount equal to the amount levied for indigent public defense.
SECTION 53.
The reduced budget amount shall be the base budget for the purpose of subsection (1)(a)(i) of this section.
SECTION 55.
SECTION 54.
SECTION 56.
SECTION 55.
SECTION 57.
SECTION 56.
SECTION 58.
SECTION 57.
SECTION 59.
SECTION 58.
SECTION 60.
SECTION 59.
SECTION 61.
(8) Notwithstanding the provisions of subsection (3) of this section, for the county indigent program the following services shall not be in - cluded:
SECTION 62.
(a) Bone marrow transplants;
That Section 57-811 , Idaho Code, be, and the same is hereby repealed.
(b) Organ transplants;
SECTION 63.
(c) Elective, cosmetic, or experimental procedures;
An emergency existing therefor, which emergency is hereby declared to exist, Sections 5 through 38, 54, 59, and 61 of this act shall be in full force and effect on and after passage and approval;
(d) Services related to, or provided by, residential, skilled nursing, assisted living, or shelter care facilities;
and Sections 1 through 4, 53, 55, 57, 58, and 60 shall be in full force and effect on and after July 1, 2022.
(e) Normal, uncomplicated pregnancies, excluding caesarean sections and childbirth well-baby care;
Sections 39 through 52 shall be in full force and effect on and after July 1, 2023.
(f) Medicare co-payments and deductibles;
Section 62 shall be in full force and effect on and after July 2, 2024.
(g) Services provided by, or available to, an applicant from state, federal, or local health programs;
Section 56 shall be in full force and effect on and after October 1, 2024.
(h) Medicaid co-payments and deductibles;
and (i) Drugs, devices, or procedures primarily utilized for weight reduc- tion and complications directly related to such drugs, devices, or pro - cedures.
SECTION 60.
An emergency existing therefor, which emergency is hereby declared to exist, Sections 5 through 38, 52, 57, and 59 of this act shall be in full force and effect on and after passage and approval;
and Sections 1 through 4, 53, 55, 56, and 58 shall be in full force and effect on and after July 1, 2022.
Sections 39 through 51 shall be in full force and effect on and after July 1, 2023.
Section 54 shall be in full force and effect on and after October 1, 2024.
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