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H0728...............................................by REVENUE AND TAXATION SALES TAX COUNCIL CREATED - Adds to existing law to create the sales tax council; to provide membership and duties; to provide for a limited test authorization; to provide for confidentiality of taxpayer information; to provide legislative oversight; to provide a final report; and providing a sunset date. 03/09 House intro - 1st rdg - to printing 03/10 Rpt prt - to Rev/Tax 03/17 Rpt out - rec d/p - to 2nd rdg 03/20 2nd rdg - to 3rd rdg 03/22 Ret'd to Rev/Tax
H0728|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 728 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO THE SALES TAX; AMENDING TITLE 63, IDAHO CODE, BY THE ADDITION OF A 3 NEW CHAPTER 43, TITLE 63, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO PROVIDE 4 LEGISLATIVE INTENT, TO CREATE THE SALES TAX COUNCIL AND TO PROVIDE MEMBER- 5 SHIP, TO PROVIDE DUTIES, TO PROVIDE FOR A LIMITED TEST AUTHORIZATION, TO 6 PROVIDE FOR CONFIDENTIALITY OF TAXPAYER INFORMATION, TO PROVIDE LEGISLA- 7 TIVE OVERSIGHT AND TO PROVIDE A FINAL REPORT; DECLARING AN EMERGENCY AND 8 PROVIDING A SUNSET CLAUSE. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Title 63, Idaho Code, be, and the same is hereby amended 11 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 12 ter 43, Title 63, Idaho Code, and to read as follows: 13 CHAPTER 43 14 STREAMLINED SALES TAX SYSTEM FOR THE TWENTY-FIRST CENTURY ACT 15 63-4301. SHORT TITLE. This chapter may be cited as the "Streamlined Sales 16 Tax System for the Twenty-first Century Act." 17 63-4302. LEGISLATIVE FINDINGS AND INTENT. The legislature finds that: 18 (1) State and local tax systems should treat transactions in a competi- 19 tively neutral manner. 20 (2) A simplified sales and use tax system that treats all transactions in 21 a competitively neutral manner will strengthen and preserve the sales and use 22 tax as vital state and local revenue sources and preserve state fiscal sover- 23 eignty. 24 (3) Remote sellers should not receive preferential tax treatment at the 25 expense of local "main street" merchants, nor should such vendors be burdened 26 with special, discriminatory or multiple taxes. 27 (4) The state should simplify sales and use taxes to reduce the adminis- 28 trative burden of collection. 29 (5) While states have the sovereign right to set their own tax policies, 30 states working together have the opportunity to develop a more simple, uniform 31 and fair system of state sales and use taxation without federal government 32 mandates or interference. 33 63-4303. SALES TAX COUNCIL. (1) There is hereby created a sales tax 34 council, hereinafter "council" to carry out the duties and responsibilities 35 enumerated in this chapter and to assist the Idaho state tax commission in its 36 efforts to simplify the Idaho sales tax, to cooperate in the northwest sales 37 tax simplification project and participate with other such organizations dedi- 38 cated to uniformity and simplification of sales and use taxes. 39 (2) The council shall be composed of: 40 (a) Two (2) senators and another person, all knowledgeable in sales and 2 1 use tax, appointed by the president pro tempore of the Idaho state senate; 2 and 3 (b) Two (2) representatives and another person, all knowledgeable in 4 sales and use tax, appointed by the speaker of the Idaho state house of 5 representatives. 6 (3) Secretarial and administrative support shall be provided by the Idaho 7 state tax commission and all state agencies are requested to assist the coun- 8 cil in the execution of its duties. 9 63-4304. AUTHORIZATION TO ENTER INTO MULTISTATE DISCUSSIONS. The council 10 shall enter into discussions with states regarding development of a multi- 11 state, voluntary, streamlined system for sales and use tax collection and 12 administration. These discussions shall focus on a system that would have the 13 capability to determine whether the transaction is taxable or tax exempt, the 14 appropriate tax rate applied to the transaction, and the total tax due on the 15 transaction, and shall provide a method for collecting and remitting sales and 16 use taxes to the state. Such system may provide compensation for the costs of 17 collecting and remitting sales and use taxes. Discussions between the council 18 and other states may include, but are not limited to: 19 (1) The development of a "joint request for information" from potential 20 public and private parties governing the specifications for such system; 21 (2) The mechanism for compensating parties for the development and opera- 22 tion of such system; 23 (3) Establishment of minimum statutory simplification measures necessary 24 for state participation in such system; 25 (4) Measures to preserve confidentiality of taxpayer information and pri- 26 vacy rights of consumers. 27 Following these discussions, the council may proceed to issue a joint request 28 for information. 29 63-4305. LIMITED TEST AUTHORIZATION. The council is authorized to partic- 30 ipate in a sales tax pilot project with other states and selected businesses 31 to test means for simplifying sales and use tax administration and may enter 32 into joint agreements for that purpose. 33 (1) Agreements to participate in the test shall establish provisions for 34 the administration, imposition and collection of sales and use taxes resulting 35 in revenues paid that are substantially the same as would be paid under exist- 36 ing law. 37 (2) Parties to the agreements are excused from complying with the provi- 38 sions of, chapter 36, title 63, Idaho Code, to the extent a different proce- 39 dure is required by the agreements, except for confidentiality of taxpayer 40 information as detailed in sections 63-4306, 63-3076 and 63-3077, Idaho Code. 41 (3) Agreements authorized under this section shall terminate no later 42 than December 31, 2001. 43 63-4306. CONFIDENTIALITY OF TAXPAYER INFORMATION. Return information sub- 44 mitted to any party or parties acting for and on behalf of the state shall be 45 treated as confidential taxpayer information. Disclosure of confidential tax- 46 payer information necessary under this chapter shall be pursuant to a written 47 agreement between the Idaho state tax commission and the party or parties. 48 Such party or parties shall be bound by the same requirements of confidential- 49 ity as the Idaho state tax commission, including applicable penalties. 50 63-4307. LEGISLATIVE OVERSIGHT. The council shall provide testimony and 51 information as requested by the president pro tempore of the senate and the 3 1 speaker of the house of representatives and shall provide quarterly written 2 reports to the governor, to the speaker of the house of representatives, 3 minority leader of the house of representatives, the president pro tempore of 4 the senate, senate minority leader and others designated by the president pro 5 tempore. 6 63-4308. FINAL REPORT. By March 1, 2001, the council shall report to the 7 governor, the speaker of the house of representatives, minority leader of the 8 house of representatives, president pro tempore of the senate, the senate 9 minority leader and to any others designated by the president pro tempore of 10 the senate and the speaker of the house of representatives, on the status of 11 multistate discussions and, if a proposed system has been agreed upon by some 12 of the participating states, shall also recommend whether the state should 13 participate in such system. 14 SECTION 2. An emergency existing therefor, which emergency is hereby 15 declared to exist, this act shall be in full force and effect on and after its 16 passage and approval, and shall be null, void and of no force and effect on 17 and after July 1, 2001.
STATEMENT OF PURPOSE RS10236C1 This bill authorizes the State of Idaho to participate, with other states, in the development of a "Streamlined Sales Tax System for the 21st Century." It creates a Sales Tax Council of legislators and private sector individuals to engage in development and testing of such a system. The State Tax Commission will provide support to the program. FISCAL IMPACT None. CONTACT: State Tax Commission Phone: (208) 334-7530 STATEMENT OF PURPOSE/ FISCAL IMPACT H 728