2000 Legislation
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HOUSE BILL NO. 491, As Amended – Motor fuels distributor, tax credit

HOUSE BILL NO. 491, As Amended

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Daily Data Tracking History



H0491aa.......................................by TRANSPORTATION AND DEFENSE
MOTOR FUELS TAX - Adds to existing law to allow the State Tax Commission to
provide a credit against fuel taxes to licensed distributors who file their
motor fuels taxes and reports electronically.
                                                                        
02/03    House intro - 1st rdg - to printing
02/04    Rpt prt - to Transp
02/11    Rpt out - to Gen Ord
02/15    Rpt out amen - to engros
02/16    Rpt engros - 1st rdg - to 2nd rdg as amen
02/17    2nd rdg - to 3rd rdg as amen
02/22    3rd rdg as amen - PASSED - 64-0-6
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Chase, Cheirrett, Clark, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
      Hammond, Hansen(23), Hansen(29), Jaquet, Jones, Judd, Kellogg,
      Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley,
      McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
      Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smylie, Stevenson, Stoicheff, Stone, Tilman, Trail(Miller),
      Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Campbell, Crow, Henbest, Hornbeck, Smith,
      Taylor
    Floor Sponsor - Ringo
    Title apvd - to Senate
02/23    Senate intro - 1st rdg as amen - to Transp
03/15    Rpt out - rec d/p - to 2nd rdg as amen
03/16    2nd rdg - to 3rd rdg as amen
03/30    3rd rdg as amen - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Keough
    Title apvd - to House
03/31    To enrol
04/03    Rpt enrol - Sp signed
04/04    Pres signed - to Governor
04/14    Governor signed
         Session Law Chapter 302
         Effective: 07/01/00

Bill Text


 H0491
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 491, As Amended
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MOTOR FUELS TAXES; PROVIDING A STATEMENT  OF  LEGISLATIVE  INTENT;
  3        AMENDING  CHAPTER  24, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
  4        TION 63-2406A, IDAHO CODE, TO PROVIDE A CREDIT AGAINST TAXES AS AN  INCEN-
  5        TIVE  TO  FILE  MOTOR  FUEL  DISTRIBUTOR'S  REPORTS  AND  PAYMENT OF TAXES
  6        ELECTRONICALLY; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  FINDINGS AND STATEMENT OF INTENT BY THE LEGISLATURE. The  leg-
  9    islature finds that the use of electronic media for filing the motor fuel dis-
 10    tributor  reports  required by Section 63-2406, Idaho Code, and for payment of
 11    motor fuels taxes will improve the administration of these taxes  by  reducing
 12    costs  for  both  the  state  and licensed distributors and by contributing to
 13    improved enforcement and collection of the taxes. The incentives  provided  by
 14    this act are intended to encourage the use of electronic filing of reports and
 15    payment  of  motor fuels taxes. The legislature intends the incentives as part
 16    of the necessary costs of collection and administration of motor fuels taxes.
                                                                        
 17        SECTION 2.  That Chapter 24, Title 63, Idaho Code, be,  and  the  same  is
 18    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 19    ignated as Section 63-2406A, Idaho Code, and to read as follows:
                                                                        
 20        63-2406A.  INCENTIVE FOR ELECTRONIC FILING OF  DISTRIBUTOR'S  REPORTS  AND
 21    PAYMENT  OF  TAXES.  (1)  A  qualified  licensed distributor who, on or before
 22    December  31,  2003,  receives  approval   from   the   commission   to   file
 23    electronically  the  reports  required by section 63-2406, Idaho Code, and who
 24    pays taxes due under this chapter by electronic funds transfer, whether or not
 25    required to use electronic funds transfer, shall be entitled  to  a  one-time,
 26    nonrefundable  credit  in  the  amount  of  two  thousand five hundred dollars
 27    ($2,500).
 28        (2)  A "qualified licensed distributor" is  a  licensed  distributor  who,
 29    over the six (6) months immediately preceding the month in which the distribu-
 30    tor  may claim the credit provided in this section averaged in excess of fifty
 31    thousand (50,000) gallons each month of:
 32        (a)  Motor fuel received, plus
 33        (b)  Motor fuel shipped or delivered within a refinery or pipeline  termi-
 34        nal  or  from a refinery or pipeline terminal to another refinery or pipe-
 35        line terminal.
 36        (3)  The credit may be claimed  on  the  first  motor  fuel  distributor's
 37    report filed entirely by an electronic filing media approved by the commission
 38    if  all  associated  amounts due are remitted by electronic funds transfer. In
 39    the case of a motor fuel distributor who, prior to the effective date of  this
 40    act,  began  filing  its motor fuel distributor's reports entirely by an elec-
 41    tronic filing media approved by the commission and paid all associated amounts
 42    due remitted by electronic funds transfer, the credit may be  claimed  on  the
                                                                        
                                       2
                                                                        
  1    first  motor  fuel distributor's report filed after the effective date of this
  2    act. Unused credit may be carried  over  to  succeeding  returns  until  fully
  3    applied against taxes due.
  4        (4)  If a distributor who has received all or part of the credit permitted
  5    by this section fails to file its distributor's report electronically or fails
  6    to  remit  any  amount  due by electronic funds transfer for three (3) or more
  7    months in any twelve (12) month period without due cause, the commission shall
  8    recapture the previously allowed credit. The commission may, within  the  time
  9    permitted  for  adjustment of the return on which the credit was claimed, col-
 10    lect the recaptured credit in the same manner as a deficiency in tax.
                                                                        
 11        SECTION 3.  This act shall be in full force and effect on and  after  July
 12    1, 2000.

Amendment


 AH0491
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                        Moved by    Wood             
                                                                        
                                                        Seconded by Kempton          
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 491
                                                                        
  1                               AMENDMENTS TO SECTION 2
  2        On page 1  of  the  printed  bill,  in  line  21,  following  "A"  insert:
  3    "qualified";  in  line 26, following "amount" delete the remainder of the line
  4    and insert: "of two thousand five hundred dollars ($2,500)."; and  delete  all
  5    of lines 27 through 42.
  6        On page 2, delete line 1, and insert:
  7        "(2)  A  "qualified  licensed  distributor" is a licensed distributor who,
  8    over the six (6) months immediately preceding the month in which the distribu-
  9    tor may claim the credit provided in this section averaged in excess of  fifty
 10    thousand (50,000) gallons each month of:
 11        (a)  Motor fuel received, plus
 12        (b)  Motor  fuel shipped or delivered within a refinery or pipeline termi-
 13        nal or from a refinery or pipeline terminal to another refinery  or  pipe-
 14        line terminal.";
 15    in  line  2,  delete "(4)" and insert: "(3)"; and in line 12, delete "(5)" and
 16    insert: "(4)".

Statement of Purpose / Fiscal Impact


     REPRINT          REPRINT           REPRINT         REPRINT       REPRINT 
     
                STATEMENT OF PURPOSE 
                       RS09394 
     
          This bill creates an incentive to motor fuels distributors for filing and
     paying motor fuels taxes electronically. Electronic filing and payment will
     improve the administration of these taxes by reducing costs for both the state and
     licensed distributors. It will also contribute to improved enforcement and
     collection of these taxes. The incentive would be available through December 31,
     2003.
     
      
                    FISCAL IMPACT 
     
          The State Tax Commission estimates that the incentive will reduce
     revenue to the highway distribution account approximately $377,000. $250,000
     will occur in FY 2001 and $127,000 in FY 2002. 
          The State Tax Commission also anticipates revenue increases to the
     highway distribution account from improved tax compliance. The comparison of
     costs to revenue enhancement is as follows: 
     
     Year:                 FY 2001        FY 2002        FY 2003       FY 2004 
                                                                      Incremental      $250,500          $127,000        - 0 -         - 0 - 
     cost 
                                                                                Incremental       - 0 -            $150,000       $250,000      $300,000   
     revenue 
     Net revenue     (250,500)        $ 23,000        $250,000      $300,000                    
     effect
     
     Contact 
     Name: Dan John/Ted Spangler
     Phone: 208/334-7530 
     
     STATEMENT OF PURPOSE/FISCAL NOTE                                Bill No. H 491