1999 Legislation
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HOUSE BILL NO. 191 – Clean room compnent/exmpt sales tax

HOUSE BILL NO. 191

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Daily Data Tracking History



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

Bill Text


H0191


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN 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 / Fiscal Impact


                       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