2005 Idaho Code - 63-3067 — REVENUE RECEIVED -- STATE REFUND ACCOUNT

                                  TITLE  63
                             REVENUE AND TAXATION
                                  CHAPTER 30
                                  INCOME TAX
    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,
    (a)  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, for the
    purpose of remitting to counties and taxing districts for personal
    property exempt from taxation pursuant to section 63-602EE, Idaho Code, as
    provided in subsection (3) of this section, for the purpose of depositing
    in the trust accounts specified in section 63-3067A, Idaho Code, such
    amounts as may be designated by individuals for the purpose of depositing
    in the Idaho ag in the classroom account an amount as may be designated by
    the individual receiving a refund for such overpayment, 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;
    (b)  an amount equal to any amount required to be rebated under section
    63-2909, Idaho Code, is continuously appropriated for the purpose of
    paying any such rebate.
    (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.