2001 Legislation
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HOUSE BILL NO. 59 – Income tax, rebate, credits

HOUSE BILL NO. 59

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H0059...............................................by REVENUE AND TAXATION
INCOME TAX - Amends, repeals and adds to existing law to make the temporary
0.1% income tax rate reduction for individuals, passed in 2000, permanent;
to provide for rebates of 10.6% of the 1999 income tax paid by individuals,
subject to a $25.00 minimum and $25,000 maximum; to increase the grocery
tax credit for individuals over 65 years of age from $30.00 to $60.00; to
permanently reduce the corporate income tax rate by 0.2%; to provide five
new or expanded income tax credits for research and development
expenditures, creation of new jobs, providing new venture capital,
installing broadband communications equipment, investing in counties with
high unemployment or low personal income; to change the child care
deduction to a credit equal to one-half the federal credit; and permanently
increases credit for caring for a dependent over 65 years of age or caring
for a person who is developmentally disabled from $100 to $500.
                                                                        
01/17    House intro - 1st rdg - to printing
01/18    Rpt prt - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 59
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO INCOME TAX RELIEF; AMENDING SECTION 63-3024, IDAHO CODE,  TO  MAKE
  3        PERMANENT  THE RATES APPLICABLE TO TAXABLE YEAR 2000; AMENDING CHAPTER 30,
  4        TITLE 63, IDAHO CODE, BY THE ADDITION OF  A  NEW  SECTION  63-3081,  IDAHO
  5        CODE,  TO PROVIDE A REBATE OF INCOME TAXES PAID BY INDIVIDUALS FOR TAXABLE
  6        YEARS BEGINNING IN 1999, TO DETERMINE THE RATE OF THE REBATE, TO SET MAXI-
  7        MUM AND MINIMUM AMOUNTS, TO PROVIDE PROCEDURES, TO APPROPRIATE MONEYS  AND
  8        TO  AUTHORIZE  CONTRACTS; REPEALING SECTION 63-3022D, IDAHO CODE; AMENDING
  9        SECTION 63-3022E, IDAHO CODE, TO INCREASE  THE  DEDUCTION  FOR  DEPENDENTS
 10        SIXTY-FIVE  YEARS  OF AGE OR OLDER OR PERSONS WITH DEVELOPMENTAL DISABILI-
 11        TIES FROM ONE THOUSAND DOLLARS TO FIVE THOUSAND DOLLARS; AMENDING  SECTION
 12        63-3022H,  IDAHO  CODE, TO ADD CERTAIN INVESTMENTS HELD BY PRIVATE VENTURE
 13        CAPITAL COMPANIES FOR A PERIOD OF THREE YEARS TO THE  PROPERTY  QUALIFYING
 14        FOR  THE  SIXTY PERCENT CAPITAL GAINS DEDUCTION AND TO MAKE TECHNICAL COR-
 15        RECTIONS; AMENDING SECTION 63-3024A, IDAHO CODE, TO  INCREASE  THE  INCOME
 16        TAX  CREDIT  FOR SALES TAXES PAID BY INDIVIDUALS OVER AGE SIXTY-FIVE YEARS
 17        AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 63-3025,  IDAHO  CODE,
 18        TO  REDUCE  THE  CORPORATE  INCOME TAX RATE FROM EIGHT TO SEVEN AND EIGHT-
 19        TENTHS PERCENT; AMENDING SECTION 63-3025A, IDAHO CODE, TO REDUCE THE  COR-
 20        PORATE  FRANCHISE  TAX RATE FROM EIGHT TO THE RATE OF THE CORPORATE INCOME
 21        TAX AND TO MAKE TECHNICAL CORRECTIONS;  AMENDING SECTION  63-3025D,  IDAHO
 22        CODE,  TO  INCREASE  THE PAYMENT FOR DEPENDENTS SIXTY-FIVE YEARS OF AGE OR
 23        OLDER OR PERSONS WITH DEVELOPMENTAL DISABILITIES FROM ONE HUNDRED  DOLLARS
 24        TO  FIVE HUNDRED DOLLARS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SEC-
 25        TION 63-3029B, IDAHO CODE, TO PROVIDE THAT TAXPAYERS  MAKING  EXPENDITURES
 26        FOR QUALIFIED BROADBAND EQUIPMENT ARE ENTITLED TO THE CREDIT AND TO REVISE
 27        PROCEDURES  FOR RECAPTURE;  AMENDING SECTIONS 63-3029E AND 63-3029F, IDAHO
 28        CODE, TO EXPAND THE NEW JOBS CREDIT BY REMOVING THE LIMITATION OF QUALIFY-
 29        ING TAXPAYERS TO REVENUE-PRODUCING ENTERPRISE CREATING VALUE-ADDED NATURAL
 30        RESOURCE PRODUCTS;  AMENDING CHAPTER 30, TITLE  63,  IDAHO  CODE,  BY  THE
 31        ADDITION  OF  A NEW SECTION 63-3029G, IDAHO CODE, TO PROVIDE AN INCOME TAX
 32        CREDIT FOR CERTAIN EXPENDITURES RELATING TO RESEARCH AND DEVELOPMENT  CON-
 33        DUCTED  IN  IDAHO,  TO  PROVIDE A SUNSET, TO PROVIDE A CARRYOVER OF UNUSED
 34        CREDITS, TO PROVIDE DEFINITIONS AND TO PROVIDE PROCEDURES;  AMENDING  SEC-
 35        TION  63-3029H,  IDAHO  CODE, TO REDESIGNATE THE SECTION; AMENDING CHAPTER
 36        30, TITLE 63, IDAHO CODE, BY THE ADDITION  OF   A  NEW  SECTION  63-3029H,
 37        IDAHO  CODE,  TO PROVIDE A CREDIT FOR EXPENSES FOR HOUSEHOLD AND DEPENDENT
 38        CARE; AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY THE ADDITION OF  A NEW
 39        SECTION 63-3029I, IDAHO CODE, TO PROVIDE AN INCOME TAX CREDIT FOR  CERTAIN
 40        EXPENDITURES  RELATING  TO  HIGH  SPEED BROADBAND COMMUNICATIONS ACCESS IN
 41        IDAHO, TO PROVIDE A SUNSET, TO PROVIDE A CARRYOVER OF UNUSED  CREDITS,  TO
 42        PROVIDE  DEFINITIONS AND TO PROVIDE PROCEDURES; AMENDING CHAPTER 30, TITLE
 43        63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 63-3029J,  IDAHO CODE, TO
 44        PROVIDE AN INCOME TAX CREDIT FOR CERTAIN EXPENDITURES RELATING TO  INVEST-
 45        MENT  IN  AREAS  IN IDAHO WITH HIGH UNEMPLOYMENT OR LOW PERSONAL INCOME AT
 46        THE ELECTION OF TAXPAYER, TO PROVIDE A SUNSET, TO PROVIDE A  CARRYOVER  OF
                                                                        
                                           2
                                                                        
  1        UNUSED CREDITS, TO PROVIDE DEFINITIONS AND TO PROVIDE PROCEDURES; AMENDING
  2        CHAPTER  30,  TITLE  63,  IDAHO  CODE,  BY  THE ADDITION OF  A NEW SECTION
  3        63-3029K, IDAHO CODE, TO PROVIDE A  TEN  PERCENT  INCOME  TAX  CREDIT  FOR
  4        INVESTMENTS  IN IDAHO PRIVATE VENTURE CAPITAL COMPANIES, TO PROVIDE A SUN-
  5        SET, TO PROVIDE A CARRYOVER OF UNUSED CREDITS, TO PROVIDE DEFINITIONS  AND
  6        TO  PROVIDE  PROCEDURES;  REPEALING  SECTIONS 63-3029E AND 63-3029F, IDAHO
  7        CODE; AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY THE ADDITION OF A  NEW
  8        SECTION  63-3029E, IDAHO CODE, TO PROVIDE DEFINITIONS AND CONSTRUCTIONS OF
  9        TERMS; AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW
 10        SECTION 63-3029F, IDAHO CODE, TO PROVIDE SPECIAL CREDITS TO THE INCOME TAX
 11        FOR NEW EMPLOYEES FOR AN ENTERPRISE THAT PRODUCES,  ASSEMBLES,  FABRICATES
 12        OR  PROCESSES  NATURAL RESOURCE PRODUCTS; PROVIDING FOR NONSEVERABILITY OF
 13        CERTAIN PROVISIONS OF THIS ACT; DECLARING AN EMERGENCY, PROVIDING RETROAC-
 14        TIVE APPLICATION FOR CERTAIN PROVISIONS OF THIS ACT AND  PROVIDING  EFFEC-
 15        TIVE DATES.
                                                                        
 16    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 17        SECTION  1.  That  Section 63-3024, Idaho Code, be, and the same is hereby
 18    amended to read as follows:
                                                                        
 19        63-3024.  INDIVIDUALS' TAX AND TAX ON ESTATES AND TRUSTS. (a) For  taxable
 20    year  2000,  and each taxable year thereafter, a tax measured by Idaho taxable
 21    income as defined in this chapter is hereby  imposed  upon  every  individual,
 22    trust, or estate required by this chapter to file a return.
 23        (a)  (i)  The  tax  imposed  upon individuals, trusts and estates shall be
 24    computed at the following rates:
 25    When Idaho taxable income
 26    is:
 27    Less than $1,000                 One and nine-tenths percent (1.9%)
 28    $1,000 but less than $2,000      $19, plus  three and nine-tenths
 29                                     percent (3.9%) of the amount over $1,000
 30    $2,000 but less than $3,000      $58, plus four and  four-tenths
 31                                     percent (4.4%) of the amount over $2,000
 32    $3,000 but less than $4,000      $102, plus five and  four-tenths
 33                                     percent (5.4%) of the amount over $3,000
 34    $4,000 but less than $5,000      $156, plus six and  four-tenths
 35                                     percent (6.4%) of the amount over $4,000
 36    $5,000 but less than $7,500      $220, plus seven and  four-tenths
 37                                     percent (7.4%) of the amount over $5,000
 38    $7,500 but less than $20,000     $405, plus seven and seven-tenths
 39                                     percent (7.7%) of the amount over $7,500
 40    Over $20,000                     $1,367.50, plus eight and one-tenth
 41                                     percent (8.1%) of the amount over $20,000
 42        (ii) For taxable year 2001 and each taxable year thereafter,  a  tax  mea-
 43    sured  by  Idaho  taxable  income as defined in this chapter is hereby imposed
 44    upon every individual, trust, or estate required by this  chapter  to  file  a
 45    return.
 46        The  tax imposed upon individuals, trusts and estates shall be computed at
 47    the following rates:
 48    When Idaho taxable income is:    The rate is:
 49    Less than $1,000                 Two percent (2.0%)
 50    $1,000 but less than $2,000      $20, plus four percent (4.0%)
 51                                     of the amount over $1,000
 52    $2,000 but less than $3,000      $60, plus four and one-half percent
                                                                        
                                           3
                                                                        
  1                                     (4.5%) of the amount over $2,000
  2    $3,000 but less than $4,000      $105, plus five and one-half percent
  3                                     (5.5%) of the amount over $3,000
  4    $4,000 but less than $5,000      $160, plus six and one-half percent
  5                                     (6.5%) of the amount over $4,000
  6    $5,000 but less than $7,500      $225, plus seven and one-half percent
  7                                     (7.5%) of the amount over $5,000
  8    $7,500 but less than $20,000     $412.50, plus seven and eight-tenths percent
  9                                     (7.8%) of the amount over $7,500
 10    Over $20,000                     $1,387.50, plus eight and two-tenths percent
 11                                     (8.2%) of the amount over $20,000
 12        For taxable year 2000 and each year thereafter, the state  tax  commission
 13    shall  prescribe  a factor which shall be used to compute the Idaho income tax
 14    brackets provided in  this subsections (a)(i) and (a)(ii) of this section. The
 15    factor shall provide an adjustment to the Idaho tax brackets so that inflation
 16    will not result in a tax increase. The Idaho tax brackets shall be adjusted as
 17    follows: multiply the bracket amounts by the percentage  (the  consumer  price
 18    index  for  the calendar year immediately preceding the calendar year to which
 19    the adjusted brackets will apply divided by the consumer price index for  cal-
 20    endar  year  1998).  For  the  purpose of this computation, the consumer price
 21    index for any calendar year is the average of the consumer price index  as  of
 22    the close of the twelve (12) month period for the immediately preceding calen-
 23    dar year as adopted by the state tax commission. This adoption shall be exempt
 24    from  the  provisions  of chapter 52, title 67, Idaho Code. The consumer price
 25    index shall mean the consumer price index for all U.S.  urban  consumers  pub-
 26    lished  by  the  United  States  department of labor. The state tax commission
 27    shall annually include the factor as provided in this subsection  to  multiply
 28    against  Idaho  taxable  income in the brackets above to arrive at that year's
 29    taxable income for tax bracket purposes.
 30        (b)  In case a joint return is filed by husband and wife pursuant  to  the
 31    provisions  of  section  63-3031,  Idaho Code, the tax imposed by this section
 32    shall be twice the tax which would be imposed on one-half (1/2) of the  aggre-
 33    gate  Idaho  taxable  income.  For the purposes of this section, a return of a
 34    surviving spouse, as defined in section 2(a) of the Internal Revenue Code, and
 35    a head of household, as defined in section 2(b) of the Internal Revenue  Code,
 36    shall  be treated as a joint return and the tax imposed shall be twice the tax
 37    which would be imposed on one-half (1/2) of the Idaho taxable income.
 38        (c)  The state tax commission shall compute and publish Idaho  income  tax
 39    liability  for  taxpayers  at  the  midpoint  of each bracket of Idaho taxable
 40    income in fifty dollar ($50.00) steps to  fifty  thousand  dollars  ($50,000),
 41    rounding  such  calculations  to  the  nearest dollar. Taxpayers having income
 42    within such brackets shall file returns based upon and pay taxes according  to
 43    the schedule thus established. The state tax commission shall promulgate rules
 44    defining the conditions upon which such returns shall be filed.
                                                                        
 45        SECTION  2.  That  Chapter  30,  Title 63, Idaho Code, be, and the same is
 46    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 47    ignated as Section 63-3081, Idaho Code, and to read as follows:
                                                                        
 48        63-3081.  REBATE  OF  INCOME  TAX.  (1) Subject to the limitations of this
 49    section, in regard to each individual income tax return required to  be  filed
 50    pursuant  to  section  63-3030,  Idaho Code, and that is actually filed, for a
 51    twelve (12) month taxable year beginning in 1999 for which tax is  imposed  by
 52    section  63-3024,  Idaho Code, on at least one dollar ($1.00) of Idaho taxable
 53    income, the state tax commission shall, on a one-time  basis,  rebate  to  the
                                                                        
                                           4
                                                                        
  1    taxpayer  named  on  the return the amount specified in subsection (2) of this
  2    section. In the case of a joint return, the rebate shall be paid to both  tax-
  3    payers jointly.
  4        (2)  (a)  The  rebate  provided by subsection (1) of this section shall be
  5        ten and six-tenths percent (10.6%) of the amount  of  tax  computed  under
  6        section 63-3024, Idaho Code, reduced by credits provided by:
  7             (i)   Section  63-3029, Idaho Code, relating to taxes paid to another
  8             state;
  9             (ii)  Sections 63-3029A and 63-3029C, Idaho Code, relating to certain
 10             charitable contributions;
 11             (iii) Section 63-3029B, Idaho Code, relating to capital investments;
 12             (iv)  Section 63-3029D, Idaho Code, relating to  qualified  equipment
 13             utilizing postconsumer waste or postindustrial waste.
 14        (b)  When  the  amount of a rebate payable under subsection (2)(a) of this
 15        section is less than twenty-five  dollars  ($25.00),  the  amount  of  the
 16        rebate  shall be twenty-five dollars ($25.00). When the amount of a rebate
 17        payable under subsection (2)(a) of this section is more than two  thousand
 18        five hundred dollars ($2,500), the amount of the rebate shall be two thou-
 19        sand  five hundred dollars ($2,500). In the case of married taxpayers fil-
 20        ing separate returns, only one (1) minimum  or  maximum  rebate  shall  be
 21        paid.
 22        (3)  No  rebate  shall  be  paid  pursuant  to this section in regard to a
 23    return described in subsection (1) of this section if the return is not  filed
 24    within  three (3) years of the original due date of the return, without regard
 25    to extensions. In the event that the amount of  tax  due  on  a  return  filed
 26    within  the  time  required  by  this subsection is amended by the taxpayer or
 27    changed by the state tax commission the rebate provided by this section  shall
 28    be  adjusted  proportionally.  The  state  tax  commission may offset a rebate
 29    against taxes assessed the taxpayer but unpaid.
 30        (4)  In the case of a short period return, the rebates  provided  by  this
 31    section shall be reduced in proportion to the portion of calendar year 1999 to
 32    which the return applies.
 33        (5)  Except  as  provided  in this subsection, no application for a rebate
 34    provided in this section shall be required. The  state  tax  commission  shall
 35    cause  each  rebate  to  be mailed to the taxpayer or taxpayers at the address
 36    shown on the return, unless, as a result of a  more  recent  return,  a  newer
 37    address  is  shown  on  the commission's records. The state tax commission may
 38    provide a procedure by which rebates that are returned or undeliverable may be
 39    claimed.
 40        (6)  Any person aggrieved by any action of the  state  tax  commission  in
 41    regard  to the rebates provided in this section shall file a petition with the
 42    state tax commission in the manner provided in section  63-3045,  Idaho  Code.
 43    Such  a petition shall be subject to administrative and judicial review in the
 44    manner provided by sections 63-3045 through 63-3049, Idaho Code.
 45        (7)  Rebates authorized by this section  shall  be  paid  from  the  state
 46    refund  account  established  by  section  63-3067, Idaho Code, from which the
 47    amounts necessary to pay the rebates are hereby  appropriated.  In  the  event
 48    that,  at  the  time the rebates are paid, there is an insufficient balance in
 49    the state refund account, the state board of examiners,  upon  application  by
 50    the  state  tax  commission,  shall transfer sufficient funds from the general
 51    fund to make the rebate payments and any other refunds due  and  payable  from
 52    the state refund account.
 53        (8)  The  state tax commission, the state treasurer and the state control-
 54    ler may contract with a commercial bank for  some  or  all  of  the  services,
 55    including issuing payments, relating to payment of the rebate provided in this
                                                                        
                                           5
                                                                        
  1    section.
                                                                        
  2        SECTION  3.  That Section 63-3022D, Idaho Code, be, and the same is hereby
  3    repealed.
                                                                        
  4        SECTION 4.  That Section 63-3022E, Idaho Code, be, and the same is  hereby
  5    amended to read as follows:
                                                                        
  6        63-3022E.  HOUSEHOLD  DEDUCTION FOR DEPENDENTS SIXTY-FIVE YEARS OF AGE  OR
  7    OLDER OR PERSONS WITH DEVELOPMENTAL DISABILITIES. (1) An additional  deduction
  8    from  taxable  income  shall be allowed in the case of an individual who main-
  9    tains a household, which includes as an immediate member of the family  resid-
 10    ing  in  that  household, one (1) or more individuals sixty-five (65) years of
 11    age or older, or a person with developmental disabilities as defined  in  sub-
 12    section (5) of section 66-402, Idaho Code, regardless of the age of the person
 13    when  such  developmental disability appeared, each of whom receives more than
 14    one-half (1/2) of his or her support for the  year  from  the  individual  who
 15    maintains  the  household. The amount of the deduction shall be one five thou-
 16    sand dollars ($15,000)  for each individual sixty-five (65) years  of  age  or
 17    older or with developmental disabilities.
 18        (2)  There shall not be allowed more than three (3) deductions of one five
 19    thousand dollars ($15,000) under the provisions of this section on any one (1)
 20    return.
 21        (3)  No  deductions  shall be allowed under this section for the person(s)
 22    in whose name(s) the income tax return is filed except as set forth in subsec-
 23    tion (4) of this section.
 24        (4)  A deduction of one five thousand dollars ($15,000) shall  be  allowed
 25    under this section for a person with a developmental disability, as defined in
 26    subsection (5) of section 66-402, Idaho Code, who is filing his own return.
                                                                        
 27        SECTION  5.  That Section 63-3022H, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        63-3022H.  DEDUCTION OF CAPITAL  GAINS.  (1)  If  an  individual  taxpayer
 30    reports  a net capital gain in determining taxable income, sixty percent (60%)
 31    of the net capital gain from the sale or exchange of qualified property  shall
 32    be a deduction in determining taxable income.
 33        (2)  The  deduction  provided  in this section is limited to the amount of
 34    the net capital gain from all property included in federal taxable income. Net
 35    capital gains treated as ordinary income by the iInternal  rRevenue  cCode  do
 36    not qualify for the deduction allowed in this section. The deduction otherwise
 37    allowable  under  this  section  shall be reduced by the amount of any federal
 38    capital gains deduction relating to such property, but not below zero.
 39        (3)  As used in this section  "qualified  property"  means  the  following
 40    property having an Idaho situs at the time of sale:
 41        (a)  Real property held at least eighteen (18) months;
 42        (b)  Tangible  personal  property  used  in Idaho for at least twelve (12)
 43        months by a revenue-producing enterprise;
 44        (c)  Cattle or horses held for breeding, draft, dairy or sporting purposes
 45        for at least twenty-four (24) months if more than one-half  (1/2)  of  the
 46        taxpayer's  gross  income  (as  defined  in section 61(a) of the iInternal
 47        rRevenue cCode) for the taxable year is from farming  or  ranching  opera-
 48        tions in Idaho;
 49        (d)  Breeding  livestock  other than cattle or horses held at least twelve
 50        (12) months if more than one-half (1/2) of the taxpayer's gross income (as
                                                                        
                                           6
                                                                        
  1        defined in section 61(a) of the iInternal rRevenue cCode) for the  taxable
  2        year is from farming or ranching operations in Idaho;
  3        (e)  Timber grown in Idaho and held at least twenty-four (24) months;
  4        (f)  An  equity  interest held by an Idaho private venture capital company
  5        as defined in section 63-3029K, Idaho Code, including stock in a  corpora-
  6        tion,  interest in a partnership or membership in a limited liability com-
  7        pany, if:
  8             (i)   The Idaho private venture capital company has held  the  equity
  9             interest for at least three (3) years; and
 10             (ii)  The  equity  interest  is  issued  by  an entity whose business
 11             activity for the entity's three (3) taxable years immediately preced-
 12             ing the sale is entirely in Idaho or at least fifty percent (50%)  in
 13             Idaho  as  determined by the average Idaho apportionment factor under
 14             subsection (i) of section 63-3027, Idaho Code.
 15        (g)  In determining the period for which property subject to this  section
 16        has  been  held  by  a  taxpayer,  the  provisions  of section 1223 of the
 17        iInternal rRevenue cCode shall apply, except that when the holding  period
 18        includes any period during which the taxpayer held property other than the
 19        property  sold,  all  property held during the holding period must qualify
 20        under this section.
 21        (4)  If an individual reports a capital gain from qualified property  from
 22    an  S  corporation  or  a partnership, a deduction shall be allowed under this
 23    section only to the extent the individual held his interest in the  income  of
 24    the  S  corporation or the partnership for the time required by subsection (3)
 25    of this section for the property sold.
 26        (5)  If an individual reports a capital gain from an estate, no  deduction
 27    shall be allowed under this section unless the holding period required in sub-
 28    section  (3) of this section was satisfied by the decedent, the estate, or the
 29    beneficiary, or a combination thereof.
 30        (6)  If an individual reports a capital gain from a  trust,  no  deduction
 31    shall be allowed under this section unless the holding period required in sub-
 32    section  (3)  of  this section was satisfied by the grantor, the trust, or the
 33    beneficiary, or a combination thereof.
 34        (7)  As used in this section "revenue-producing enterprise" means:
 35        (a)  The production, assembly, fabrication, manufacture, or processing  of
 36        any agricultural, mineral or manufactured product;
 37        (b)  The  storage,  warehousing, distribution, or sale at wholesale of any
 38        products of agriculture, mining or manufacturing;
 39        (c)  The feeding of livestock at a feedlot;
 40        (d)  The operation of laboratories or  other  facilities  for  scientific,
 41        agricultural,  animal  husbandry,  or industrial research, development, or
 42        testing.
                                                                        
 43        SECTION 6.  That Section 63-3024A, Idaho Code, be, and the same is  hereby
 44    amended to read as follows:
                                                                        
 45        63-3024A.  CREDITS  AND  REFUNDS. (a) Any resident individual not entitled
 46    to the credit allowed in subsection (b)(1), who is required to file by law and
 47    who has filed an Idaho income tax return, shall be allowed  a  credit  against
 48    taxes  due  under the Idaho income tax act equal to the amount of fifteen dol-
 49    lars ($15.00) for each personal exemption for which a deduction  is  permitted
 50    by  section  151(b)  and (c) of the Internal Revenue Code if such deduction is
 51    claimed on the taxpayer's Idaho income tax return, and if the  individual  for
 52    whom  the  deduction  is claimed is a resident of the state of Idaho. If taxes
 53    due are less than the total credit allowed,  the  taxpayer  shall  be  paid  a
                                                                        
                                           7
                                                                        
  1    refund  equal  to the balance of the unused credit. If the credit or refund is
  2    not claimed for the year for which the individual income tax return is  filed,
  3    the  right  thereafter  to claim such credit or refund shall be forfeited. The
  4    state tax commission shall prescribe the method by which the refund,  if  any,
  5    is to be made to the taxpayer.
  6        (b) (1)  A  resident  individual  who has reached his sixty-fifth birthday
  7        before the end of his taxable year, who is required to file by law and who
  8        has filed an Idaho income tax return, shall be allowed  a  credit  against
  9        taxes  due  under  the  Idaho income tax act equal to the amount of thirty
 10        sixty dollars ($360.00) for each personal exemption representing  himself,
 11        a  spouse  over  the age of sixty-five (65) years, or a dependent over the
 12        age of sixty-five (65) years, but shall be allowed a credit against  taxes
 13        due  under  the Idaho income tax act equal to fifteen dollars ($15.00) for
 14        each personal exemption representing a spouse or dependent under  the  age
 15        of  sixty-five  (65)  years.  If  taxes due are less than the total credit
 16        allowed, the taxpayer shall be paid a refund equal to the balance  of  the
 17        unused  credit.  If  the  credit or refund is not claimed for the year for
 18        which the individual income tax return is filed, the right  thereafter  to
 19        claim  such  credit or refund shall be forfeited. The state tax commission
 20        shall prescribe the method by which the refund, if any, is to be  made  to
 21        the taxpayer.
 22        (2)  A resident individual who has reached his sixty-fifth birthday and is
 23        not  required  by  law  to  file  an  Idaho  income tax return and who has
 24        received no credit or refund under any other subsection of  this  section,
 25        shall  be  entitled  to  a  refund  of thirty sixty dollars ($360.00). Any
 26        refund shall be paid to such individual only upon his  making  application
 27        therefor at such time and in such manner as may be prescribed by the state
 28        tax commission.
 29        (c)  A resident individual of the state of Idaho who is:
 30        (i)   blind, or
 31        (ii)  a  disabled  American  veteran  of  any war engaged in by the United
 32        States, whose disability is recognized as a service  connected  disability
 33        of a degree of ten per cent percent (10%) or more, or who is in receipt of
 34        a  pension  for nonservice connected disabilities, in accordance with laws
 35        and regulations administered by the United States veterans administration,
 36        substantiated by a statement as to status signed by a responsible  officer
 37        of the United States veterans administration, or
 38        (iii) over sixty-two (62) years of age, and has been allowed none, or less
 39        than  all,  of  the credit provided by subsection (a) or subsection (b) of
 40        this section, shall be entitled to a payment from the refund  fund  in  an
 41        amount  equal  to  fifteen  dollars ($15.00), or the balance of his unused
 42        credit, whichever is less, upon making application therefor at  such  time
 43        and in such manner as the state tax commission may prescribe.
 44        (d)  Any  part-year resident entitled to a credit under this section shall
 45    receive a proportionate credit, in the manner above provided,  reflecting  the
 46    part of the year in which he was domiciled in this state.
 47        (e)  No  credit or refund may be claimed for an exemption which represents
 48    a person who has himself filed an Idaho income tax return claiming a deduction
 49    for his own personal exemption, and in no event shall more than one  (1)  tax-
 50    payer be allowed a credit or refund for the same exemption, or under more than
 51    one (1) subsection of this section.
 52        (f)  The  refunds  authorized by this section shall be paid from the state
 53    refund fund in the same manner as the refunds authorized by  section  63-3067,
 54    Idaho Code.
 55        (g)  An application for any refund which is due and payable under the pro-
                                                                        
                                           8
                                                                        
  1    visions  of  this  section  must be filed with the state tax commission within
  2    three (3) years of:
  3        (i)  the due date, including extensions, of the return required under sec-
  4        tion 63-3030, Idaho Code, if the applicant is required to file  a  return,
  5        or
  6        (ii) the  15th  day  of  April of the year following the year to which the
  7        application  relates if the applicant is not required to file a return.
                                                                        
  8        SECTION 7.  That Section 63-3025, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
                                                                        
 10        63-3025.  TAX  ON  CORPORATE  INCOME.  For taxable years commencing on and
 11    after January 1, 1987, a tax is hereby imposed on the Idaho taxable income  of
 12    a  corporation  which  transacts or is authorized to transact business in this
 13    state or which has income attributable to this state. The tax shall  be  equal
 14    to  seven  and  eight-tenths percent (7.8%) of Idaho taxable income; provided,
 15    however, that the tax shall not be less than twenty dollars ($20.00); provided
 16    further that the twenty dollar ($20.00) minimum payment shall not be collected
 17    from nonproductive mining corporations. The tax imposed by this section  shall
 18    not  apply  to  corporations  taxed  pursuant  to  the  provisions  of section
 19    63-3025A, Idaho Code.
                                                                        
 20        SECTION 8.  That Section 63-3025A, Idaho Code, be, and the same is  hereby
 21    amended to read as follows:
                                                                        
 22        63-3025A.  FRANCHISE  TAX. For taxable years commencing on and after Janu-
 23    ary 1, 1987, a franchise tax shall be imposed upon  any  corporation  for  the
 24    privilege  of  exercising its corporate franchise within the state during such
 25    taxable year, including, but not limited to, corporations engaged in  business
 26    in  Idaho  for  the  exclusive purpose of performing contracts with the United
 27    States department of energy at the Idaho national engineering and  environmen-
 28    tal laboratory, which tax shall be measured by income which is attributable to
 29    this  state  under the provisions of this chapter and which tax shall be equal
 30    to eight percent (8%) of Idaho taxable income at the rate provided in  section
 31    63-3025,  Idaho  Code;  provided, however, that the tax shall not be less than
 32    twenty dollars ($20.00); provided further that the twenty dollar ($20.00) min-
 33    imum payment shall not be collected from  nonproductive  mining  corporations;
 34    but  the twenty dollar ($20.00) minimum tax shall apply to corporations quali-
 35    fied to file returns and actually filing returns under the provisions of  sub-
 36    chapter "S" of the Internal Revenue Code.
                                                                        
 37        SECTION  9.  That Section 63-3025D, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        63-3025D.  PAYMENT FOR DEPENDENTS SIXTY-FIVE YEARS OF AGE OR OLDER OR PER-
 40    SONS WITH DEVELOPMENTAL DISABILITIES. (1) In lieu of the deduction  from  tax-
 41    able income allowed by section 63-3022E, Idaho Code, a resident individual who
 42    maintains  a  household,  which  includes as an immediate member of the family
 43    residing in that household, one (1) or more individuals sixty-five (65)  years
 44    of  age or older or individuals with developmental disabilities, as defined in
 45    subsection (5) of section 66-402, Idaho Code, each of whom receives more  than
 46    one-half  (1/2)  of  his  or  her support for the year from the individual who
 47    maintains the household, shall be  entitled  to  a  payment  from  the  refund
 48    account  of  one  five hundred dollars ($1500) for each such elderly member of
 49    the family or family member with a developmental disability. Any such  payment
                                                                        
                                           9
                                                                        
  1    shall  be paid to such individual only upon his making application therefor at
  2    such time and in such manner as may be prescribed by the state tax commission.
  3        (2)  No more than three (3) such payments shall be made under  the  provi-
  4    sions  of this section to any one (1) individual in any calendar year.
  5        (3)  No payment may be claimed under the provisions of this section by the
  6    individual himself except as set forth in subsection (4) of this section.
  7        (4)  A  credit  of one five hundred dollars ($1500) shall be allowed under
  8    this section for a person with a developmental disability as defined  in  sub-
  9    section (5) of section 66-402, Idaho Code, who is filing his own tax return.
                                                                        
 10        SECTION 10.  That Section 63-3029B, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        63-3029B.  INCOME  TAX  CREDIT FOR CAPITAL INVESTMENT. (1) At the election
 13    of the taxpayer there shall be allowed, subject to the applicable  limitations
 14    provided  herein  as  a  credit  against the income tax imposed by chapter 30,
 15    title 63, Idaho Code, an amount equal to the sum of:
 16        (a)  The tax credit carryovers; and
 17        (b)  The tax credit for the taxable year.
 18        (2)  The maximum allowable amount of the credit for  the  current  taxable
 19    year  shall  be three percent (3%) of the amount of qualified investments made
 20    during the taxable year.
 21        (3)  As used in this section "qualified investment" means  certain  depre-
 22    ciable property which:
 23        (a)  (i)  Is eligible for the federal investment tax credit, as defined in
 24             sections  46(c)  and  48  of the Internal Revenue Code subject to the
 25             limitations provided for certain regulated companies in section 46(f)
 26             of the Internal Revenue Code and is not a motor vehicle  under  eight
 27             thousand (8,000) pounds gross weight; or
 28             (ii) Is qualified broadband equipment as defined in section 63-3029I,
 29             Idaho Code; and
 30        (b)  Is  acquired, constructed, reconstructed, erected or placed into ser-
 31        vice after December 31, 1981; and
 32        (c)  Has a situs in Idaho.
 33        (4)  Notwithstanding the provisions of subsections (1)  and  (2)  of  this
 34    section, the amount of the credit allowed shall not exceed fifty percent (50%)
 35    of the tax liability of the taxpayer.
 36        (5)  If the sum of credit carryovers from the credit allowed by subsection
 37    (2)  of  this  section  and the amount of credit for the taxable year from the
 38    credit allowed by subsection (2) of this section exceed the limitation imposed
 39    by subsection (4) of this section for the current  taxable  year,  the  excess
 40    attributable  to  the  current  taxable  year's  credit shall be an investment
 41    credit carryover to the fourteen (14) succeeding taxable years. In the case of
 42    a group of corporations filing a combined report under section 63-3027,  Idaho
 43    Code,  or sections 63-3027B through 63-3027E, Idaho Code, credit earned by one
 44    (1) member of the group but not used by that member may  be  used  by  another
 45    member  of the group, subject to the provisions of subsection (4) of this sec-
 46    tion, instead of carried over. The entire amount of  unused  credit  shall  be
 47    carried  forward  to  the earliest of the succeeding years, wherein the oldest
 48    available unused credit shall be used first, so long as the qualified  invest-
 49    ment  property  for  which the unused credit was granted still maintains Idaho
 50    situs. For a combined group of corporations, credit  carried  forward  may  be
 51    claimed  by any member of the group unless the member who earned the credit is
 52    no longer included in the combined group.
 53        (6)  Any recapture of the credit allowed by subsection (2) of this section
                                                                        
                                           10
                                                                        
  1    on property disposed of or ceasing to qualify, prior to the close of its  use-
  2    ful  life  the recapture period, shall be determined according to the applica-
  3    ble recapture provisions of the Internal Revenue Code. In the case of  a  uni-
  4    tary  group  of  corporations,  the  increase  in  tax due to the recapture of
  5    investment tax credit must be reported by the member of the group  who  earned
  6    the credit regardless of which member claimed the credit against tax.
  7        (7)  For  the purpose of determining whether property placed in service is
  8    a "qualified investment" as defined in subsection (3)  of  this  section,  the
  9    provisions of section 49 of the Internal Revenue Code shall be disregarded.
 10        (8)  For  purposes of this section, property has a situs in Idaho during a
 11    taxable year if it is used in Idaho at any time during the taxable year. Prop-
 12    erty not used in Idaho during a taxable year does not have a situs in Idaho in
 13    the taxable year during which the property is not used in Idaho or in any sub-
 14    sequent taxable year. No credit or carryover of credit is permitted under this
 15    section if the credit or carryover relates to property that does  not  have  a
 16    situs  in  Idaho  during the taxable year for which the credit or carryover is
 17    claimed. The Idaho situs of property must be established by records maintained
 18    by the taxpayer which are created reasonably contemporaneously with the use of
 19    the property.
 20        (9)  In the case of property used both in and outside Idaho, the taxpayer,
 21    electing to claim the credit provided in this section, must elect  to  compute
 22    the  qualified  investment  in  property  with  a  situs in Idaho for all such
 23    investments first qualifying during that year in one (1), but only one (1), of
 24    the following ways:
 25        (a)  The amount of each qualified investment in a specific asset shall  be
 26        separately computed based on the percentage of the actual use of the prop-
 27        erty  in Idaho by using a measure of the use, such as total miles or total
 28        machine hours, that most accurately reflects the beneficial use during the
 29        taxable year in which it is first  acquired,  constructed,  reconstructed,
 30        erected or placed into service; provided, that the asset is placed in ser-
 31        vice more than ninety (90) days before the end of the taxable year. In the
 32        case  of  assets  acquired,  constructed, reconstructed, erected or placed
 33        into service within ninety (90) days prior to the end of the taxable  year
 34        in  which  the  investment first qualifies, the measure of the use of that
 35        asset within Idaho for that year shall be based upon the percentage of use
 36        in Idaho during the first ninety (90) days of use of the asset;
 37        (b)  The investment in qualified property used  both  inside  and  outside
 38        Idaho  during the taxable year in which it is first acquired, constructed,
 39        reconstructed, erected or placed into service shall be multiplied  by  the
 40        percent  of  the investment that would be included in the numerator of the
 41        Idaho property factor determined pursuant to section 63-3027, Idaho  Code,
 42        for the same year.
 43        (10) Only  for the purposes of subsections (3)(a) and (7) of this section,
 44    references to sections of  the  "Internal  Revenue  Code"  mean  the  sections
 45    referred  to  as  they  existed  in the Internal Revenue Code of 1986 prior to
 46    November 5, 1990.
                                                                        
 47        SECTION 11.  That Section 63-3029E, Idaho Code, be, and the same is hereby
 48    amended to read as follows:
                                                                        
 49        63-3029E.  DEFINITIONS -- CONSTRUCTION OF TERMS. As used in  this  section
 50    and in section 63-3029F, Idaho Code:
 51        (1)  (a) "New employee" means a person from whom Idaho income tax has been
 52        withheld,  employed  by  the  taxpayer,  in a revenue-producing enterprise
 53        creating value-added natural resource products, and covered for  unemploy-
                                                                        
                                           11
                                                                        
  1        ment insurance purposes under chapter 13, title 72, Idaho Code, during the
  2        taxable year for which the credit allowed by section 63-3029F, Idaho Code,
  3        is  claimed. A person shall be deemed to be so engaged if such person per-
  4        forms duties on:
  5             (i)   A regular full-time basis; or
  6             (ii)  A part-time basis if such person is customarily performing such
  7             duties at least twenty (20) hours per week.
  8        No credit shall be earned unless the new  employee  shall  have  performed
  9        such  duties  for the taxpayer for a minimum of nine (9) months during the
 10        taxable year for which the credit is claimed.
 11        (b)  The provisions of paragraph (a) of this  subsection  notwithstanding,
 12        no  credit  shall  be  allowed for employment of persons by a taxpayer who
 13        acquires a revenue-producing enterprise from another taxpayer or who oper-
 14        ates in a place of business the same or a substantially identical revenue-
 15        producing value-added natural resource  products  enterprise  business  as
 16        operated  by  another taxpayer within the prior twelve (12) months, except
 17        as the prior taxpayer would have qualified under the provisions  of  para-
 18        graph  (c)  of  this subsection. Employees transferred from a related tax-
 19        payer shall not be included in the computation of the credit.
 20        (c)  The number of employees during any  taxable  year  for  any  taxpayer
 21        shall  be  the mathematical average of the number of employees reported to
 22        the Idaho department of labor for employment security purposes during  the
 23        twelve (12) months of the taxable year which qualified under paragraph (a)
 24        of  this  subsection.  In  the event the business is in operation for less
 25        than the entire taxable year, the number of employees of the business  for
 26        the  year  shall be the average number actually employed during the months
 27        of operation, providing that the qualifications of paragraph (a)  of  this
 28        subsection are met.
 29        (2)  "Revenue-producing enterprise" means the production, assembly, fabri-
 30    cation, manufacture or processing of any natural resource product.
 31        (3)  "Same or a substantially identical revenue-producing enterprise busi-
 32    ness" means a revenue-producing enterprise business in which the products pro-
 33    duced  or  sold, or the activities conducted are the same in character and use
 34    and are produced, sold or conducted in the same manner as,  or  for  the  same
 35    types  of customers as, the products or activities produced, sold or conducted
 36    in another revenue-producing enterprise business.
                                                                        
 37        SECTION 12.  That Section 63-3029F, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        63-3029F.  SPECIAL CREDIT AVAILABLE -- NEW  EMPLOYEES.  (1)  Any  taxpayer
 40    shall  be  allowed  a  credit, in an amount determined under subsection (2) of
 41    this section, against the tax imposed by this  chapter,  other  than  the  tax
 42    imposed  by section 63-3082, Idaho Code, for any taxable year during which the
 43    taxpayer's employment of new employees, as defined under section  63-3029E(1),
 44    Idaho  Code, increases above the taxpayer's average employment for either: (a)
 45    the prior taxable year, or (b) the average of three (3) prior  taxable  years,
 46    whichever  is higher. No credit shall be allowed under this section unless the
 47    number of new employees equals or exceeds one (1) person.
 48        (2)  The credit authorized in subsection (1) of this section shall be five
 49    hundred dollars ($500) per new employee, but the total  credit  allowed  shall
 50    not  exceed  three  and  one-quarter  percent  (3.25%)  of net income from the
 51    taxpayer's corporate, proprietorship, partnership, small business  corporation
 52    or  limited  liability  company revenue-producing enterprise business in which
 53    the employment occurred. Additionally, the total of this and all other credits
                                                                        
                                           12
                                                                        
  1    allowed under this chapter except  for  the  credits  allowed  under  sections
  2    63-3024A,  63-3025D  and  63-3029,  Idaho  Code, taken during any taxable year
  3    shall not exceed forty-five percent (45%) of the tax otherwise imposed on  the
  4    taxpayer for the taxable year for which such credit is allowed.
  5        (3)  If  the  sum of the credit carryovers from the credit allowed by sub-
  6    section (2) of this section and the amount of credit for the taxable year from
  7    the credit allowed by subsection (2) of this  section  exceed  the  limitation
  8    imposed  by  subsection  (2) of this section for the current taxable year, the
  9    excess attributable to the current taxable year's credit  shall  be  a  credit
 10    carryover  to  the  three  (3)  succeeding taxable years. The entire amount of
 11    unused credit shall be carried forward  to  the  earliest  of  the  succeeding
 12    years, wherein the oldest available unused credit shall be used first, so long
 13    as the employment level for which the credit was granted is still maintained.
                                                                        
 14        SECTION  13.  That  Chapter  30, Title 63, Idaho Code, be, and the same is
 15    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 16    ignated as Section 63-3029G, Idaho Code, and to read as follows:
                                                                        
 17        63-3029G.  CREDITS  FOR  RESEARCH  ACTIVITIES  CONDUCTED  IN THIS STATE --
 18    CARRY FORWARD.
 19        (1) (a)  Subject to the limitations of this  section,  for  taxable  years
 20        beginning between January 1, 2001, and December 31, 2003, inclusive, there
 21        shall  be  allowed  to  a  taxpayer  a  nonrefundable credit against taxes
 22        imposed by  sections  63-3024,  63-3025  and  63-3025A,  Idaho  Code,  for
 23        increasing research activities in Idaho.
 24        (b)  The  credit allowed by subsection (1)(a) of this section shall be the
 25        sum of:
 26             (i)   Five percent (5%) of the excess of qualified research  payments
 27             for research conducted in Idaho over the base amount; and
 28             (ii)  Five  percent (5%) basic research payments allowable under sub-
 29             section (e) of section 41 of the  Internal  Revenue  Code  for  basic
 30             research conducted in Idaho.
 31        (2)  As used in this section:
 32        (a)  The terms "qualified research payments," "qualified research," "basic
 33        research  payments" and "basic research" shall be as defined in section 41
 34        of the Internal Revenue Code except that the research must be conducted in
 35        Idaho.
 36        (b)  The term "base amount" shall mean an amount calculated as provided in
 37        sections 41(c) and 41(h) of the Internal Revenue Code, except that:
 38             (i)   The base amount does not include the calculation of the  alter-
 39             native  incremental  credit  provided  for in section 41(c)(4) of the
 40             Internal Revenue Code;
 41             (ii)  A taxpayer's gross receipts include only those  gross  receipts
 42             attributable  to sources within this state as provided in subsections
 43             (q) and (r) of section 63-3027, Idaho Code; and
 44             (iii) Notwithstanding section 41(c) of the Internal Revenue Code, for
 45             purposes of calculating the base amount, a taxpayer:
 46                  (A)  May elect to be treated as a start-up company  as  provided
 47                  in  section 41(c)(3)(B) of the Internal Revenue Code, regardless
 48                  of whether  the  taxpayer  meets  the  requirements  of  section
 49                  41(c)(3)(B)(i)(I) or (II) of the Internal Revenue Code; and
 50                  (B)  May not revoke an election to be treated as a start-up com-
 51                  pany.
 52        (3)  The credit allowed by subsection (1)(a) of this section together with
 53    any  credits  carried  forward  under subsection (5) of this section shall not
                                                                        
                                           13
                                                                        
  1    exceed the amount of tax due under sections  63-3024,  63-3025  and  63-3025A,
  2    Idaho  Code,  after allowance for all other credits permitted by this chapter.
  3    When credits earned in more than one (1) taxable year are available, the  old-
  4    est credits shall be applied first.
  5        (4)  In the case of a group of corporations filing a combined report under
  6    subsection (t) of section 63-3027, Idaho Code, credit earned by one (1) member
  7    of  the group but not used by that member may be used by another member of the
  8    group. For a combined group of corporations, any member of the group may claim
  9    credit carried forward unless the member who earned the credit  is  no  longer
 10    included in the combined group.
 11        (5)  The  credit  allowed  by  subsection  (1)(a) of this section shall be
 12    claimed for the taxable year during  which  the  taxpayer  qualifies  for  the
 13    credit. If the credit exceeds the limitation under subsection (3) of this sec-
 14    tion,  the  excess  amount  may  be carried forward for a period that does not
 15    exceed the next fourteen (14) taxable years.
 16        (6)  In addition to other needed rules, the state tax commission may  pro-
 17    mulgate rules prescribing, in the case of S corporations, partnerships, trusts
 18    or  estates,  a  method  of  attributing  the credit under this section to the
 19    shareholders, partners or beneficiaries in proportion to their  share  of  the
 20    income from the S corporation, partnership, trust or estate.
                                                                        
 21        SECTION 14.  That Section 63-3029H, Idaho Code, be, and the same is hereby
 22    amended to read as follows:
                                                                        
 23        63-3029HP.  PRIORITY  OF  CREDITS.  When  a  taxpayer subject to any taxes
 24    imposed under this chapter is entitled to two (2) or more credits against such
 25    taxes, the priority of credits shall be determined in the following order:
 26        (a)  Nonrefundable credits. Nonrefundable credits shall be applied to  the
 27    tax liability before application of refundable credits. If a taxpayer is enti-
 28    tled  to  more than one (1) nonrefundable credit, the credits shall be applied
 29    in the order in which the statutes authorizing the credits were enacted by the
 30    legislature.
 31        (b)  Refundable credits. Refundable credits shall be applied  to  the  tax
 32    liability after application of any nonrefundable credits.
                                                                        
 33        SECTION  15.  That  Chapter  30, Title 63, Idaho Code, be, and the same is
 34    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 35    ignated as Section 63-3029H, Idaho Code, and to read as follows:
                                                                        
 36        63-3029H.  CREDIT  FOR HOUSEHOLD AND DEPENDENT CARE SERVICES NECESSARY FOR
 37    GAINFUL EMPLOYMENT. (1) A resident individual who  is  entitled,  for  federal
 38    income  tax  purposes, to claim and who does claim the credit provided by sec-
 39    tion 21 of the Internal Revenue Code shall  be  entitled  to  a  nonrefundable
 40    credit against taxes imposed by section 63-3024, Idaho Code, equal to one-half
 41    (1/2)  of  the credit allowable on that taxpayer's federal return for the same
 42    taxable year.
 43        (2)  A nonresident or part-year resident individual who is  entitled,  for
 44    federal  income  tax purposes, to claim and who does claim the credit provided
 45    by section 21 of the Internal Revenue Code shall be entitled to a proportional
 46    part of the credit otherwise provided in subsection (1) of this  section.  The
 47    proportion  shall  be  determined in accordance with the provisions of section
 48    63-3026A(6), Idaho Code.
 49        (3)  The credit allowed by this section shall not exceed the total  amount
 50    of  taxes  due under section 63-3024, Idaho Code, after allowance of all other
 51    credits provided in this chapter.
                                                                        
                                           14
                                                                        
  1        SECTION 16.  That Chapter 30, Title 63, Idaho Code, be, and  the  same  is
  2    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  3    ignated as Section 63-3029I, Idaho Code, and to read as follows:
                                                                        
  4        63-3029I.  INCOME TAX CREDIT FOR INVESTMENT IN  BROADBAND  EQUIPMENT.  (1)
  5    Subject  to  the  limitations  of  this  section,  for taxable years beginning
  6    between January 1, 2001, and December 31,  2003,  inclusive,  there  shall  be
  7    allowed to a taxpayer a nonrefundable credit against taxes imposed by sections
  8    63-3024, 63-3025 and 63-3025A, Idaho Code, for qualified expenditures in qual-
  9    ified broadband equipment in Idaho.
 10        (2)  The credit permitted in subsection (1) of this section shall be three
 11    percent  (3%)  of the qualified investment in qualified broadband equipment in
 12    Idaho and shall be in addition to the credit for capital investment  permitted
 13    by section 63-3029B, Idaho Code.
 14        (3)  As used in this section the term:
 15        (a)  "Qualified investment" shall be as defined in section 63-3029B, Idaho
 16        Code.
 17        (b)  "Qualified  broadband  equipment"  means equipment that qualifies for
 18        the credit for capital investment permitted  by  section  63-3029B,  Idaho
 19        Code,  and  is  capable  of transmitting signals at a rate of at least two
 20        hundred thousand (200,000) bits per second to a subscriber  and  at  least
 21        one  hundred  twenty-five  thousand  (125,000) bits per second from a sub-
 22        scriber, and
 23             (i)   In the case of a telecommunications  carrier,  such  qualifying
 24             equipment  shall  be  necessary to the provision of broadband service
 25             and an integral part of a broadband network. "Telecommunications car-
 26             rier" has the meaning given such term by section 3(44) of the  commu-
 27             nications  act of 1934, as amended, but does not include a commercial
 28             mobile service provider.
 29             (ii)  In the case of a commercial mobile service carrier, such quali-
 30             fying equipment shall extend from the subscriber side of  the  mobile
 31             telecommunications   switching  office  to  a  transmitting/receiving
 32             antenna, including such antenna, on the outside of the  structure  in
 33             which  the subscriber is located. "Commercial mobile service carrier"
 34             means any person authorized to provide commercial mobile  radio  ser-
 35             vice  to  subscribers as defined in section 20.3 of title 47, Code of
 36             Federal Regulations (10-1-99 ed.), as amended.
 37             (iii) In the case of a cable or  open  video  system  operator,  such
 38             qualifying  equipment  shall extend from the subscriber's side of the
 39             headend to the outside of the structure in which  the  subscriber  is
 40             located.  The terms "cable operator" and "open video system operator"
 41             have the meanings given  such  terms  by  sections  602(5)  and  653,
 42             respectively, of the communications act of 1934, as amended.
 43             (iv)  In  the case of a satellite carrier or a wireless carrier other
 44             than listed above, such qualifying equipment is only  that  equipment
 45             that  extends  from  a transmitting/receiving antenna, including such
 46             antenna, which transmits and receives signals  to  or  from  multiple
 47             subscribers to a transmitting/receiving antenna on the outside of the
 48             structure  in  which  the  subscriber is located. "Satellite carrier"
 49             means any person using the facilities of  a  satellite  or  satellite
 50             services  licensed by the federal communications commission and oper-
 51             ating a fixed-satellite service or direct  broadcast  satellite  ser-
 52             vices  to provide point-to-multipoint distribution of signals. "Other
 53             wireless carrier" means any person, other than  a  telecommunications
 54             carrier,  commercial  mobile  service  carrier,  cable operator, open
                                                                        
                                           15
                                                                        
  1             video operator, or satellite carrier, providing broadband services to
  2             subscribers through the radio transmission of energy.
  3             (v)   In the case of packet switching equipment, such  packet  equip-
  4             ment  installed  in connection with other qualifying equipment listed
  5             in subsections (2)(b)(i) through (2)(b)(iv) of this section, provided
  6             it is the last in a series of equipment that transmits signals  to  a
  7             subscriber or the first in a series of equipment that transmits  sig-
  8             nals  from  a  subscriber.  "Packet  switching"  means controlling or
  9             routing the path of a digital transmission signal which is  assembled
 10             into packets or cells.
 11             (vi)  In  the case of multiplexing and demultiplexing equipment, such
 12             equipment only to the extent that it is deployed in  connection  with
 13             providing  broadband  services  in locations between packet switching
 14             equipment and the structure  in  which  the  subscriber  is  located.
 15             "Multiplexing" means the transmission of two (2) or more signals over
 16             a  communications  circuit without regard to the communications tech-
 17             nology.
 18             (vii) Any property not primarily used to provide services in Idaho to
 19             public subscribers is not qualified broadband equipment.
 20        (3)  No equipment described in subsections (2)(b)(i) through (2)(b)(vi) of
 21    this section shall qualify for the credit provided in subsection (1)  of  this
 22    section until the taxpayer applies to and obtains from the Idaho public utili-
 23    ties  commission an order confirming that the installed equipment is qualified
 24    broadband equipment. Applications submitted to the commission  shall  be  gov-
 25    erned by the commission's rules of procedure.  The commission may issue proce-
 26    dural orders necessary to implement this section.
 27        (4)  The  credit  allowed  by subsection (1) of this section together with
 28    any credits carried forward under subsection (6) of this section shall not, in
 29    any one (1) taxable year, exceed the lesser of:
 30        (a)  The amount of tax due under sections 63-3024, 63-3025  and  63-3025A,
 31        Idaho  Code, after allowance for all other credits permitted by this chap-
 32        ter; or
 33        (b)  Seven hundred fifty thousand dollars ($750,000).
 34    When credits earned in more than one (1) taxable year are available, the  old-
 35    est credits shall be applied first.
 36        (5)  In the case of a group of corporations filing a combined report under
 37    subsection (t) of section 63-3027, Idaho Code, credit earned by one (1) member
 38    of  the group but not used by that member may be used by another member of the
 39    group, subject to the provisions of subsection (6) of this section, instead of
 40    carried over. For a combined group of corporations, credit carried forward may
 41    be claimed by any member of the group unless the member who earned the  credit
 42    is no longer included in the combined group.
 43        (6)  If  the  credit allowed by subsection (1) of this section exceeds the
 44    limitation under subsection (4) of this section, the excess amount may be car-
 45    ried forward for a period that does not exceed the next fourteen (14)  taxable
 46    years.
 47        (7)  In the event that qualified broadband equipment upon which the credit
 48    allowed by this section has been used ceases to qualify for the credit allowed
 49    by  section  63-3029B,  Idaho Code, or is subject to recapture of that credit,
 50    the recapture of credit under this section shall be in the same proportion and
 51    subject to the same provisions as the amount of credit required to  be  recap-
 52    tured under section 63-3029B, Idaho Code.
 53        (8)  (a)  Subject to the requirements of this subsection, a taxpayer enti-
 54        tled  to  the credit or to an unused portion of the credit allowed by this
 55        section may transfer the unused credit to  another  taxpayer  required  to
                                                                        
                                           16
                                                                        
  1        file a return under this chapter.
  2        (b)  Before  completing  a  transfer under this subsection, the transferor
  3        shall notify the state tax commission of its  intention  to  transfer  the
  4        credit  and the identity of the transferee. The state tax commission shall
  5        provide the transferor with a written statement of the  amount  of  credit
  6        available under this section as then appearing in the commission's records
  7        and  the  number  of  years the credit may be carried over. The transferee
  8        shall attach a copy of the statement to any return in regard to which  the
  9        transferred credit is claimed.
 10        (c)  In  the event that after the transfer the state tax commission deter-
 11        mines that the amount of credit properly available under this  section  is
 12        less  than  the amount claimed by the transferor of the credit or that the
 13        credit is subject to recapture, the commission shall assess the amount  of
 14        overstated  or  recaptured credit as taxes due from the transferor and not
 15        the transferee.  The assessment shall be made in the manner provided for a
 16        deficiency in taxes under this chapter.
 17        (9)  In addition to other needed rules, the state tax commission may  pro-
 18    mulgate rules prescribing, in the case of S corporations, partnerships, trusts
 19    or  estates,  a  method  of  attributing  the credit under this section to the
 20    shareholders, partners or beneficiaries in proportion to their  share  of  the
 21    income from the S corporation, partnership, trust or estate.
                                                                        
 22        SECTION  17.  That  Chapter  30, Title 63, Idaho Code, be, and the same is
 23    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 24    ignated as Section 63-3029J, Idaho Code, and to read as follows:
                                                                        
 25        63-3029J.  INCENTIVE INCOME TAX INVESTMENT CREDIT. (1) Subject to the lim-
 26    itations of this section, for taxable years beginning between January 1, 2001,
 27    and  December 31, 2003, inclusive, there shall be allowed to a taxpayer a non-
 28    refundable credit against taxes  imposed  by  sections  63-3024,  63-3025  and
 29    63-3025A,  Idaho Code, in the amount allowed by subsection (2) of this section
 30    for qualified investments in Idaho. The credit shall be  in  addition  to  the
 31    credit for capital investment permitted by section 63-3029B, Idaho Code.
 32        (2)  The  credit  permitted  in subsection (1) of this section shall be at
 33    the percentage rate determined under either subsection  (2)(a)  or  (2)(b)  of
 34    this section at the election of the taxpayer.
 35        (a)  (i)   One-half  (1/2)  of  the amount by which the average three-year
 36             unemployment rate in the county in  which  the  property  is  located
 37             exceeds  six percent (6%).  In the case of mobile property, the prop-
 38             erty shall be located in the county in which it is primarily based.
 39             (ii)  For purposes of this section the director of the department  of
 40             labor shall, on or before the first day of September of each calendar
 41             year,  establish  and certify to the state tax commission the average
 42             three-year unemployment rate in each county in Idaho for the  immedi-
 43             ately  preceding  three  (3) calendar years. The rates thus certified
 44             shall apply  to  the  calculation  of  the  credit  under  subsection
 45             (2)(a)(i) of this section for property qualifying in the taxable year
 46             beginning during the next calendar year.
 47        (b)  (i)   One-tenth  of  one percent (.1%) for each full percent that the
 48             three-year average personal income level in the county in  which  the
 49             property  is  located  is  below  ninety percent (90%) of the average
 50             statewide personal income level.
 51             (ii)  For purposes of this section the director of the department  of
 52             commerce  shall, on or before the first day of September of each cal-
 53             endar year, establish and certify to the  state  tax  commission  the
                                                                        
                                           17
                                                                        
  1             three-year  average personal income level in each county in Idaho and
  2             the statewide personal income level  for  the  immediately  preceding
  3             three  (3)  calendar  years. The levels thus certified shall apply to
  4             the calculation of the credit under subsection (2)(b)(i) of this sec-
  5             tion for property qualifying in the taxable year beginning during the
  6             next calendar year.
  7        (3)  As used in this section the  term  "qualified  investment"  shall  be
  8    defined as in section 63-3029B, Idaho Code.
  9        (4)  The  credit  allowed  by subsection (1) of this section together with
 10    any credits carried forward under subsection (6) of  this  section  shall  not
 11    exceed in any one (1) taxable year the lesser of:
 12        (a)  The  amount  of tax due under sections 63-3024, 63-3025 and 63-3025A,
 13        Idaho Code, after allowance for all other credits permitted by this  chap-
 14        ter; or
 15        (b)  Five hundred thousand dollars ($500,000).
 16        (c)  When  credits earned in more than one (1) taxable year are available,
 17        the oldest credits shall be applied first.
 18        (5)  In the case of a group of corporations filing a combined report under
 19    subsection (t) of section 63-3027, Idaho Code, credit earned by one (1) member
 20    of the group but not used by that member may be used by another member of  the
 21    group, subject to the provisions of subsection (6) of this section, instead of
 22    carried over. For a combined group of corporations, credit carried forward may
 23    be  claimed by any member of the group unless the member who earned the credit
 24    is no longer included in the combined group.
 25        (6)  If the credit allowed by subsection (1) of this section  exceeds  the
 26    limitation under subsection (4) of this section, the excess amount may be car-
 27    ried  forward for a period that does not exceed the next fourteen (14) taxable
 28    years.
 29        (7)  In the event that property upon which the credit allowed by this sec-
 30    tion has been used ceases  to  qualify  for  the  credit  allowed  by  section
 31    63-3029B,  Idaho  Code, the recapture of credit under this section shall be in
 32    the same proportion and subject to the same provisions as the amount of credit
 33    required to be recaptured under section 63-3029B, Idaho Code.
 34        (8)  (a)  Subject to the requirements of this subsection, a taxpayer enti-
 35        tled to the credit or to an unused portion of the credit allowed  by  this
 36        section  may  transfer  the  unused credit to another taxpayer required to
 37        file a return under this chapter.
 38        (b)  Before completing a transfer under this  subsection,  the  transferor
 39        shall  notify  the  state  tax commission of its intention to transfer the
 40        credit and the identity of the transferee. The state tax commission  shall
 41        provide  the  transferor  with a written statement of the amount of credit
 42        available under this section as then appearing in the commission's records
 43        and the number of years the credit may be  carried  over.  The  transferor
 44        shall  provide the transferee with the original statement.  The transferee
 45        shall attach a copy of the statement to any return in regard to which  the
 46        transferred credit is claimed.
 47        (c)  In  the event that after the transfer the state tax commission deter-
 48        mines that the amount of credit properly available under this  section  is
 49        less than the amount  claimed by the transferor of the credit and shown in
 50        the  statement  described in subsection (8)(b) of this section or that the
 51        credit is subject to recapture, the commission shall assess the amount  of
 52        overstated credit as taxes due from the transferor and not the transferee.
 53        The  assessment  shall  be made in the manner provided for a deficiency in
 54        taxes under this chapter.
 55        (9)  In addition to other needed rules, the state tax commission may  pro-
                                                                        
                                           18
                                                                        
  1    mulgate rules prescribing:
  2        (a)  In  the  case  of  S corporations, partnerships, trusts or estates, a
  3        method of attributing the credit under this section to  the  shareholders,
  4        partners  or beneficiaries in proportion to their share of the income from
  5        the S corporation, partnership, trust or estate.
  6        (b)  A requirement that a transferor under subsection (8) of this section,
  7        prior to obtaining the written statement provided in subsection (8)(b)  of
  8        this  section,  post such bond or security as the state tax commission may
  9        require to secure any liability referred to in subsection (8)(c)  of  this
 10        section.   Such  rules shall provide an opportunity for a taxpayer, upon a
 11        showing of financial responsibility, to have the bond waiver,  for  notice
 12        of  denial  of  waiver in accordance with section 63-3045, Idaho Code, and
 13        for review in accordance with section 63-3045B, Idaho Code.
                                                                        
 14        SECTION 18.  That Chapter 30, Title 63, Idaho Code, be, and  the  same  is
 15    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 16    ignated as Section 63-3029K, Idaho Code, and to read as follows:
                                                                        
 17        63-3029K.  VENTURE CAPITAL INCOME TAX INVESTMENT CREDIT.  (1)  Subject  to
 18    the  limitations  of this section, for taxable years beginning between January
 19    1, 2001, and December 31, 2003, inclusive, there shall be allowed  to  a  tax-
 20    payer  a  nonrefundable  credit  against  taxes  imposed  by sections 63-3024,
 21    63-3025 and 63-3025A, Idaho Code, in the amount allowed by subsection  (2)  of
 22    this  section for investments described in subsection (2) of this section made
 23    in Idaho.  The credit shall be in addition to the credit for  capital  invest-
 24    ment permitted by section 63-3029B, Idaho Code.
 25        (2)  The  credit  permitted in subsection (1) of this section shall be ten
 26    percent (10%) of the taxpayer's investment made during the taxable year in  an
 27    Idaho private venture capital company.
 28        (3)  As used in this section:
 29        (a)  Definition. "Idaho private venture capital company" means an individ-
 30        ual,  corporation, limited liability company, partnership or other entity,
 31        organized and existing under the laws of Idaho, with its  principal  place
 32        of business located within Idaho which meets the following criteria:
 33             (i)   Capitalization   of   not   less   than  five  million  dollars
 34             ($5,000,000);
 35             (ii)  Having a purpose and objective of making at least fifty percent
 36             (50%) of its venture or risk capital  available  to  business  enter-
 37             prises  that are headquartered and managed in Idaho and whose primary
 38             business activities are reasonably expected to  establish  or  expand
 39             the development of business and industry within Idaho; and
 40             (iii) Investment  of  not  more than twenty-five percent (25%) of its
 41             funds in any one (1) company.
 42        (b)  Certification. An entity shall not qualify as an Idaho  private  ven-
 43        ture  capital  company  until  the company applies to and obtains from the
 44        director of the Idaho department of  finance,  hereafter  referred  to  as
 45        "director,"  a  certificate  confirming that it meets the criteria of this
 46        section. Applications submitted to the director shall contain such  infor-
 47        mation  relating to the applicant as the director shall require, and a fee
 48        as set by the director in an amount not to  exceed  five  hundred  dollars
 49        ($500). Unless the Idaho private venture capital company is decertified as
 50        described  in  subsection (3)(f) of this section, a copy of the certifica-
 51        tion shall be provided by the Idaho private venture capital company to the
 52        investor seeking the credit allowed by this section  who  shall  attach  a
 53        copy to the original return on which the credit is claimed.
                                                                        
                                           19
                                                                        
  1        (c)  Requirements  to  maintain  certification.  To continue in certifica-
  2        tion, an Idaho private venture capital company shall:
  3             (i)   Invest at least thirty percent (30%) of its  original  capital-
  4             ization at the end of the initial three (3) years in such a manner as
  5             to acquire equity in the ventures in which the investments are made;
  6             (ii)  Have  invested  at least fifty percent (50%) in the same manner
  7             at the end of  five (5) years;
  8             (iii) At the time of an initial investment, have no investor or  com-
  9             bination  of  investors in that Idaho private venture capital company
 10             who own a controlling equity interest in a business in which the ven-
 11             ture capital company is investing;
 12             (iv)  Not invest funds for use by an Idaho business for oil  and  gas
 13             exploration and development, for real estate development or apprecia-
 14             tion,  or  for  banking  or  lending operations. Any investment by an
 15             Idaho private venture capital company in any of these  sectors  shall
 16             not  be  counted  as equity investments for the purpose of continuing
 17             certification under this section;
 18             (v)   Meet such books and records or other requirements as the direc-
 19             tor may, by rule or order, direct; and
 20             (vi)  Pay an annual renewal fee in an amount set by the director  not
 21             to exceed five hundred dollars ($500).
 22        (d)  Reporting  requirements. Each certified Idaho private venture capital
 23        company shall report to the director on an annual basis  such  information
 24        as  the  director requires to be submitted to maintain certification. As a
 25        part of such information, each Idaho private venture capital company shall
 26        report the name, address and taxpayer identification number of each inves-
 27        tor who has invested in such company, the amounts invested  by  each  such
 28        investor and the companies in which the Idaho private venture capital com-
 29        pany has invested. The director shall provide the information contained in
 30        this subsection to the state tax commission on an annual basis.
 31        (e)  Compliance examinations. All the records of a certified Idaho private
 32        venture  capital  company are subject at any time to such reasonable peri-
 33        odic, special or other examinations by representatives of the director, as
 34        the director deems necessary or appropriate in the  public  interest.  The
 35        director,  or  his  designee,  may examine under oath any of the officers,
 36        directors, agents, employees, or investors of  an  Idaho  private  venture
 37        capital  company  regarding  the  affairs and business of the company. The
 38        director may administer oaths, subpoena witnesses, require the  production
 39        of  any books, papers, correspondence, or other documents or records which
 40        the director deems relevant or material to the inquiry.  In  the  case  of
 41        refusal  to  obey  a  subpoena  issued to a person, any court of competent
 42        jurisdiction, upon application of the director, may issue to  that  person
 43        an order requiring him to appear before the director or the officer desig-
 44        nated  by  him,  there to produce documentary evidence if so ordered or to
 45        give evidence relating to the matter under inquiry. Any  failure  to  obey
 46        such order of the court may be punished by the court as contempt of court.
 47        (f)  Decertification.  If  the  director determines that a certified Idaho
 48        private venture capital company is not in substantial compliance with  the
 49        requirements  for continuing certification or is in violation of any other
 50        provision of this act, the director shall, by written notice,  inform  the
 51        officers  of  the company and the board of directors or partners that they
 52        will be decertified in one hundred twenty (120)  days  from  the  date  of
 53        mailing  of  the  notice unless they correct the deficiencies and are once
 54        again in compliance with the requirements for certification.  At  the  end
 55        of  the  one hundred twenty (120) day period, if the Idaho private venture
                                                                        
                                           20
                                                                        
  1        capital company is still not in substantial compliance, the director shall
  2        send a notice of decertification to the company and to the state tax  com-
  3        mission.
  4        (g)  Liability  disclaimed.  The state of Idaho, the department of finance
  5        and its employees and agents may not be held civilly or criminally  liable
  6        or  liable upon their official bonds to any person including, but not lim-
  7        ited to, investors, Idaho private venture capital  companies,  and  appli-
  8        cants to become an Idaho private venture capital company, for action taken
  9        under this section or for any failure to act under it.
 10        (h)  To  facilitate furtherance of the purposes of this section with other
 11        state and federal programs including, but not limited to,  small  business
 12        investment  companies  and  business and industrial development companies,
 13        the director shall have authority to waive any provision of  this  subsec-
 14        tion  (3) which for good cause shown, he deems appropriate and in the pub-
 15        lic interest.
 16        (i)  The director may promulgate rules or issue  orders  as  necessary  to
 17        implement this section.
 18        (j)  Documents and other materials submitted by Idaho private venture cap-
 19        ital companies or by Idaho businesses pursuant to this subsection shall be
 20        exempt from public disclosure.
 21        (4)  The  credit  allowed  by subsection (1) of this section together with
 22    any credits carried forward under subsection (6) of  this  section  shall  not
 23    exceed in any one (1) taxable year either:
 24        (a)  Fifty  percent (50%) of the amount of tax due under sections 63-3024,
 25        63-3025 and 63-3025A, Idaho Code, after allowance for  all  other  credits
 26        permitted by this chapter; or
 27        (b)  One hundred fifty thousand dollars ($150,000).
 28        (5)  In the case of a group of corporations filing a combined report under
 29    subsection (t) of section 63-3027, Idaho Code, credit earned by one (1) member
 30    of  the group but not used by that member may be used by another member of the
 31    group, subject to the provisions of subsection (6) of this section, instead of
 32    carried over. For a combined group of corporations, credit carried forward may
 33    be claimed by any member of the group unless the member who earned the  credit
 34    is no longer included in the combined group.
 35        (6)  If  the  credit allowed by subsection (1) of this section exceeds the
 36    limitation under subsection (4) of this section the excess amount may be  car-
 37    ried  forward for a period that does not exceed the next fourteen (14) taxable
 38    years. When credits earned in more than one (1) taxable  year  are  available,
 39    the oldest credits shall be applied first.
 40        (7)  In the event that the company in which the investment was made ceases
 41    to  qualify  as an Idaho private venture capital company before the expiration
 42    of the carryover period provided in subsection (6) of this section,  the  por-
 43    tion  of  the credit equal to the portion of the carryover period during which
 44    the company did not so qualify shall be subject to  recapture.  The  recapture
 45    must  be  reported  on  the  income  tax return of the taxpayer who earned the
 46    credit subject to  the  requirements  for  amounts  recaptured  under  section
 47    63-3029B, Idaho Code.
 48        (8)  (a)  Subject to the requirements of this subsection, a taxpayer enti-
 49        tled  to  the credit or to an unused portion of the credit allowed by this
 50        section may transfer the unused credit to  another  taxpayer  required  to
 51        file a return under this chapter.
 52        (b)  Before  completing  a  transfer under this subsection, the transferor
 53        shall notify the state tax commission of its  intention  to  transfer  the
 54        credit  and the identity of the transferee. The state tax commission shall
 55        provide the transferor with a written statement of the  amount  of  credit
                                                                        
                                           21
                                                                        
  1        available under this section as then appearing in the commission's records
  2        and  the  number  of  years the credit may be carried over. The transferor
  3        shall provide the transferee with the original statement.  The  transferee
  4        shall  attach a copy of the statement to any return in regard to which the
  5        transferred credit is claimed.
  6        (c)  In the event that after the transfer the state tax commission  deter-
  7        mines  that  the amount of credit properly available under this section is
  8        less than the amount claimed by the transferor of the credit and shown  in
  9        the  statement described in subsection (8)(b) of this section, the commis-
 10        sion shall assess the amount of overstated credit as taxes  due  from  the
 11        transferor  and  not  the  transferee. The assessment shall be made in the
 12        manner provided for a deficiency in taxes under this chapter.
 13        (9)  In addition to other needed rules, the state tax commission may  pro-
 14    mulgate rules prescribing:
 15        (a)  In  the  case  of  S corporations, partnerships, trusts or estates, a
 16        method of attributing the credit under this section to  the  shareholders,
 17        partners  or beneficiaries in proportion to their share of the income from
 18        the S corporation, partnership, trust or estate.
 19        (b)  A requirement that a transferor under subsection (8) of this section,
 20        prior to obtaining the written statement provided in subsection (8)(b)  of
 21        this  section,  post such bond or security as the state tax commission may
 22        require to secure any liability referred to in subsection (8)(c)  of  this
 23        section.   Such  rule  shall provide an opportunity for a taxpayer, upon a
 24        showing of financial responsibility, to have the bond waiver,  for  notice
 25        of  denial  of  waiver in accordance with section 63-3045, Idaho Code, and
 26        for review in accordance with section 63-3045B, Idaho Code.
                                                                        
 27        SECTION 19.  That Sections 63-3029E and 63-3029F, Idaho Code, be, and  the
 28    same are hereby repealed.
                                                                        
 29        SECTION  20.  That  Chapter  30, Title 63, Idaho Code, be, and the same is
 30    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 31    ignated as Section 63-3029E, Idaho Code, and to read as follows:
                                                                        
 32        63-3029E.  DEFINITIONS  --  CONSTRUCTION OF TERMS. As used in this section
 33    and in section 63-3029F, Idaho Code:
 34        (1)  (a)  "New employee" means a person from whom  Idaho  income  tax  has
 35        been  withheld, employed by the taxpayer in a revenue-producing enterprise
 36        creating value-added natural resource products, and covered for  unemploy-
 37        ment insurance purposes under chapter 13, title 72, Idaho Code, during the
 38        taxable year for which the credit allowed by section 63-3029F, Idaho Code,
 39        is claimed. A person shall  be deemed to be so engaged if such person per-
 40        forms duties on:
 41             (i)   A regular full-time basis; or
 42             (ii)  A part-time basis if such person is customarily performing such
 43             duties at least twenty (20) hours per week.
 44        No  credit  shall  be  earned unless the new employee shall have performed
 45        such duties for the taxpayer for a minimum of nine (9) months  during  the
 46        taxable year for which the credit is claimed.
 47        (b)  The  provisions  of paragraph (a) of this subsection notwithstanding,
 48        no credit shall be allowed for employment of persons  by  a  taxpayer  who
 49        acquires a revenue-producing enterprise from another taxpayer or who oper-
 50        ates in a place of business the same or a substantially identical revenue-
 51        producing  value-added natural resource products enterprise as operated by
 52        another taxpayer within the prior twelve (12) months, except as the  prior
                                                                        
                                           22
                                                                        
  1        taxpayer  would  have  qualified  under the provisions of paragraph (c) of
  2        this subsection. Employees transferred from a related taxpayer  shall  not
  3        be included in the computation of the credit.
  4        (c)  The  number  of  employees  during  any taxable year for any taxpayer
  5        shall be the mathematical average of the number of employees  reported  to
  6        the  Idaho department of labor for employment security purposes during the
  7        twelve (12) months of the taxable year which qualified under paragraph (a)
  8        of this subsection. In the event the business is  in  operation  for  less
  9        than  the entire taxable year, the number of employees of the business for
 10        the year shall be the average number actually employed during  the  months
 11        of  operation,  providing that the qualifications of paragraph (a) of this
 12        subsection are met.
 13        (2)  "Revenue-producing enterprise" means the production, assembly, fabri-
 14    cation, manufacture or processing of any natural resource product.
 15        (3)  "Same or  a  substantially  identical  revenue-producing  enterprise"
 16    means  a  revenue-producing enterprise in which the products produced or sold,
 17    or the activities conducted are the same in character and  use  and  are  pro-
 18    duced,  sold or conducted in the same manner as, or for the same types of cus-
 19    tomers as, the products or activities produced, sold or conducted  in  another
 20    revenue-producing enterprise.
                                                                        
 21        SECTION  21.  That  Chapter  30, Title 63, Idaho Code, be, and the same is
 22    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 23    ignated as Section 63-3029F, Idaho Code, and to read as follows:
                                                                        
 24        63-3029F.  SPECIAL  CREDIT  AVAILABLE  --  NEW EMPLOYEES. (1) Any taxpayer
 25    shall be allowed a credit, in an amount determined  under  subsection  (2)  of
 26    this  section,  against  the  tax  imposed by this chapter, other than the tax
 27    imposed by section 63-3082, Idaho Code, for any taxable year during which  the
 28    taxpayer's  employment of new employees, as defined under section 63-3029E(1),
 29    Idaho Code, increases above the taxpayer's average employment for either:  (a)
 30    the  prior  taxable year, or (b) the average of three (3) prior taxable years,
 31    whichever is higher. No credit shall be allowed under this section unless  the
 32    number of new employees equals or exceeds one (1) person.
 33        (2)  The credit authorized in subsection (1) of this section shall be five
 34    hundred  dollars  ($500)  per new employee, but the total credit allowed shall
 35    not exceed three and one-quarter  percent  (3.25%)  of  net  income  from  the
 36    taxpayer's corporate, proprietorship,  partnership, small business corporation
 37    or limited liability company revenue-producing enterprise in which the employ-
 38    ment  occurred.  Additionally, the total of this and all other credits allowed
 39    under this chapter except for the credits  allowed  under  sections  63-3024A,
 40    63-3025D  and  63-3029,  Idaho  Code,  taken during any taxable year shall not
 41    exceed forty-five percent (45%) of the tax otherwise imposed on  the  taxpayer
 42    for the taxable year for which such credit is allowed.
 43        (3)  If  the  sum of the credit carryovers from the credit allowed by sub-
 44    section (2) of this section and the amount of credit for the taxable year from
 45    the credit allowed by subsection (2) of this  section  exceed  the  limitation
 46    imposed  by  subsection  (2) of this section for the current taxable year, the
 47    excess attributable to the current taxable year's credit  shall  be  a  credit
 48    carryover  to  the  three  (3)  succeeding taxable years. The entire amount of
 49    unused credit shall be carried forward  to  the  earliest  of  the  succeeding
 50    years, wherein the oldest available unused credit shall be used first, so long
 51    as the employment level for which the credit was granted is still maintained.
                                                                        
 52        SECTION  22.  The provisions of Section 5, Sections 10 through 13 and Sec-
                                                                        
                                           23
                                                                        
  1    tions 16, 17 and 18 of this act are hereby declared to  be  nonseverable  from
  2    other provisions within each section and if any provision of any of those sec-
  3    tions  or  the  application of such provision to any person or circumstance is
  4    declared invalid for any reason, such declaration shall render the entire sec-
  5    tion invalid but not other sections of this act.
                                                                        
  6        SECTION 23.  An emergency existing therefor,  which  emergency  is  hereby
  7    declared  to  exist, Sections 1 through 18 and Section 22 of this act shall be
  8    in full force and effect on and after passage and approval  and  retroactively
  9    to  January 1, 2001. Sections 19, 20 and 21 of this act shall be in full force
 10    and effect on and after January 1, 2004.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS 10689

This omnibus income tax relief bill makes permanent the temporary
0.1% rate reduction for individuals, rebates 10.6% of 1999 income
tax paid to individuals subject to a $25 minimum and $2,500
maximum, permanently doubles the grocery credit for seniors from
$30 to $60, and permanently reduces the corporate income tax rate
by 0.2%.  It provides five new or expanded credits for Idaho
business development including: research and development
expenditures, creation of new jobs, providing new venture
capital, installing broadband communications equipment, and
investing in counties with high unemployment or low personal
income.  It changes the child care deduction to a credit equal to
half the federal credit and permanently increases the elderly
dependant care credit from $100 to $500 dollars.

                           FISCAL NOTE


Provision
Annual
Effect
($ Millions)


Individual rate reduction
   $14.6


Individual rebate
91.0


Grocery credit for Seniors
3.6


Corporate rate reduction
3.4


Business credits



Research and development
7.0


New Jobs
1.5


Venture Capital
2.0


Broadband
3.5


County incentive
7.3


Child care credit
1.5


Elderly dependant care
credit
1.2






Total annual tax relief:
  $136.6










Contact:  Brian Whitlock
          Division of Financial Management
          334-3900

STATEMENT OF PURPOSE/FISCAL NOTE                            H 59