63-3067. REVENUE RECEIVED — STATE REFUND ACCOUNT. (1) A sum equal to the amount withheld under section 63-3035A, Idaho Code, shall be distributed fifty percent (50%) to the public school income fund to be utilized to facilitate and provide substance abuse programs in the public school system, and fifty percent (50%) shall be distributed to the counties to be utilized for county juvenile probation services. These funds shall be distributed quarterly to the counties based upon the percentage the population of the county bears to the population of the state as a whole.

(2) All moneys except as provided in subsection (1) of this section, and except as hereinafter provided, received by the state of Idaho under this act shall be deposited by the state tax commission, as received by it, with the state treasurer and shall be placed in and become a part of the general account under the custody of the state treasurer. Providing however, that an amount equal to twenty percent (20%) of the amount deposited with the state treasurer shall be placed in the "state refund account" which is hereby created for the purpose of repaying overpayments and for the purpose of paying any other erroneous receipts illegally assessed or collected, penalties collected without authority and taxes and licenses unjustly assessed, collected or which are excessive in amount. Whenever necessary for the purpose of making prompt payment of refunds, the board of examiners, upon request from the state tax commission, and after review, may authorize the state tax commission to transfer any additional specific amount from income tax collections to the "state refund account." There is appropriated out of the state refund account so much thereof as may be necessary for the payment of the refunds herein provided. Claims for, and payment of refunds under the provisions of this section shall be made in the same manner as other claims against the state of Idaho.

(3) Any unencumbered balance remaining in the state refund account on June 30 of each and every year in excess of the sum of one million five hundred thousand dollars ($1,500,000) shall be transferred to the general fund and the state controller is hereby authorized and directed on such dates to make such transfers unless the board of examiners, which is hereby authorized to do so, changes the date of transfer or sum to be transferred.

History:

[63-3067, added 1959, ch. 299, sec. 67, p. 613; am. 1965, ch. 316, sec. 11, p. 880; am. 1966 (2nd E.S.), ch. 7, sec. 1, p. 19; am. 1974, ch. 122, sec. 1, p. 1297; am. 1981, ch. 38, sec. 1, p. 58; am. 1981, ch. 97, sec. 1, p. 139; am. 1983, ch. 156, sec. 1, p. 433; am. 1985, ch. 31, sec. 3, p. 62; am. 1986, ch. 73, sec. 13, p. 211; am. 1987, ch. 6, sec. 1, p. 6; am. 1987, ch. 260, sec. 5, p. 549; am. 1987, ch. 337, sec. 1, p. 710; am. 1994, ch. 180, sec. 156, p. 522; am. 1998, ch. 62, sec. 1, p. 220; am. 1999, ch. 371, sec. 1, p. 1015; am. 2001, ch. 356, sec. 2, p. 1250; am. 2002, ch. 151, sec. 1, p. 441; am. 2004, ch. 104, sec. 1, p. 370; am. 2005, ch. 369, sec. 2, p. 1177; am. 2008, ch. 390, sec. 2, p. 1072.; am. 2012, ch. 14, sec. 4, p. 31.]