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H0191...............................................by REVENUE AND TAXATION CLEAN ROOM - Adds to existing law to provide an exemption from the sales tax for any sale at retail, storage, use or other consumption of tangible personal property which is exclusively used in, to maintain the environment of, or is or becomes a component part of, a clean room 02/08 House intro - 1st rdg - to printing 02/09 Rpt prt - to Rev/Tax 02/12 Rpt out - rec d/p - to 2nd rdg 02/15 2nd rdg - to 3rd rdg 02/17 3rd rdg - PASSED - 64-2-3 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kunz, Lake, Limbaugh, Loertscher, Mader, Marley, McKague, Meyer, Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith, Stevenson, Stoicheff, Stone, Taylor(Taylor), Tilman, Tippets, Trail, Watson, Wheeler, Williams, Wood, Zimmermann, Mr Speaker NAYS -- Geddes, Kendell Absent and excused -- Gould, Linford, Montgomery, Dist. 15, Seat A, Vacant Floor Sponsor - Crow Title apvd - to Senate 02/18 Senate intro - 1st rdg - to Loc Gov 03/02 Rpt out - rec d/p - to 2nd rdg 03/03 2nd rdg - to 3rd rdg 03/09 3rd rdg - PASSED - 26-7-2 AYES--Andreason, Boatright, Bunderson, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Ingram, King, Lee, McLaughlin, Noh, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Twiggs, Wheeler NAYS--Branch, Burtenshaw, Geddes, Hawkins, Keough, Richardson, Whitworth Absent and excused--Ipsen, Parry Floor Sponsor - Thorne Title apvd - to House 03/10 To enrol 03/11 Rpt enrol - Sp signed 03/12 Pres signed 03/15 To Governor 03/19 Governor signed Session Law Chapter 130 Effective: 01/01/2000
H0191|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 191 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO SALES TAX; AMENDING CHAPTER 36, TITLE 63, IDAHO CODE, BY THE ADDI- 3 TION OF A NEW SECTION 63-3622NN, IDAHO CODE, TO PROVIDE AN EXEMPTION FROM 4 THE TAXES IMPOSED BY THIS CHAPTER FOR THE SALE AT RETAIL, STORAGE, USE OR 5 OTHER CONSUMPTION OF TANGIBLE PERSONAL PROPERTY WHICH IS EXCLUSIVELY USED 6 IN OR TO MAINTAIN THE ENVIRONMENT OF, OR IS OR BECOMES A COMPONENT PART 7 OF, A CLEAN ROOM, AND TO PROVIDE DEFINITIONS; AND PROVIDING AN EFFECTIVE 8 DATE. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Chapter 36, Title 63, Idaho Code, be, and the same is 11 hereby amended by the addition thereto of a NEW SECTION , to be 12 known and designated as Section 63-3622NN, Idaho Code, and to read as follows: 13 63-3622NN. CLEAN ROOMS. (1) There is exempted from the taxes imposed by 14 this chapter the sale at retail, storage, use or other consumption in this 15 state of tangible personal property which is exclusively used in or to main- 16 tain the environment of, or is or becomes a component part of, a clean room, 17 without regard to whether the property is actually contained within the clean 18 room or whether such tangible personal property ultimately becomes affixed to 19 or incorporated into real property. 20 (2) The following definitions apply to this section: 21 (a) "Clean room" means an environment in a defined space, within a larger 22 building, where humidity, temperature, particulate matter and contamina- 23 tion are precisely and regularly controlled; and 24 (i) Which is a "Class 10,000" clean room or better, and 25 (ii) In which the primary activities are activities which qualify 26 for the production exemption in section 63-3622D, Idaho Code, result- 27 ing in the manufacture of products which are either semiconductors, 28 products manufactured using semiconductor manufacturing processes, or 29 equipment used to manufacture semiconductors. 30 (b) "Class 10,000 clean room" means a specified area in which the concen- 31 tration of airborne particulates of five-tenths (0.5) micrometers or 32 larger is regularly maintained at a level of cleanliness no greater than 33 ten thousand (10,000) particles per cubic foot of air. 34 (c) "Semiconductor" means a small piece of semiconductor material includ- 35 ing silicon: 36 (i) On which an integrated circuit is embedded, or 37 (ii) Which is altered in the manufacturing process by primarily 38 using semiconductor processes. 39 (d) "Integrated circuit" means a complex of multiple active electronic 40 components and their interconnections built upon a semiconductor sub- 41 strate. 42 (e) "Semiconductor manufacturing processes" means chemical vapor deposi- 43 tion, plasma vapor deposition, wet and dry etch, chemical mechanical 2 1 planarization or polishing and such other manufacturing processes gener- 2 ally recognized by the semiconductor industry as being standard processes 3 in the industry. 4 (f) Property is "exclusively used" for a purpose when its use for any 5 other purpose is insignificant or inconsequential. 6 SECTION 2. This act shall be in full force and effect on and after Janu- 7 ary 1, 2000.
STATEMENT OF PURPOSE RS08898C1 This legislation clarifies the manufacturing sales tax exemption as it relates to cleanrooms used in the semiconductor manufacturing process. Cleaurooms are the "room within a room" that semiconductor manufacturers must use to ensure that their products are manufactured in a nearly particle-free environment. Cleanrooms are already subject to the manufacturing sales tax exemption. However, because the production exemption was written before such semiconductor manufacturing processes existed, the current language does not adequately address what parts of a cleanroom qualify for the sales tax exemption. This legislation has been prepared in conjunction with the State Tax Commission to make the law more clear, thus clarifying the audit process. FISCAL NOTE The estimated cost to the general fund for Fiscal Year 2000 is $200,000. CONTACT: Steve Ahrens Idaho Association of Commerce & Industry (208) 338-5623 STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 191