2000 Legislation
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HOUSE BILL NO. 728 – Sales Tax Council, created

HOUSE BILL NO. 728

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Daily Data Tracking History



H0728...............................................by REVENUE AND TAXATION
SALES TAX COUNCIL CREATED - Adds to existing law to create the sales tax
council; to provide membership and duties; to provide for a limited test
authorization; to provide for confidentiality of taxpayer information; to
provide legislative oversight; to provide a final report; and providing a
sunset date.
                                                                        
03/09    House intro - 1st rdg - to printing
03/10    Rpt prt - to Rev/Tax
03/17    Rpt out - rec d/p - to 2nd rdg
03/20    2nd rdg - to 3rd rdg
03/22    Ret'd to Rev/Tax

Bill Text


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

Statement of Purpose / Fiscal Impact


     
                           
                STATEMENT OF PURPOSE 
                      RS10236C1
     
          This bill authorizes the State of Idaho to participate, with other states, in
     the development of a "Streamlined Sales Tax System for the 21st Century." It
     creates a Sales Tax Council of legislators and private sector individuals to engage
     in development and testing of such a system. The State Tax Commission will
     provide support to the program. 
     
     
     
     
                    FISCAL IMPACT
     
     None. 
     
     
     
     
     
     
               CONTACT:  State Tax Commission
                         Phone:              (208) 334-7530 
     
     
     
                                                            STATEMENT OF PURPOSE/ FISCAL IMPACT                     H 728