View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0531...............................................by REVENUE AND TAXATION SALES TAX - EXEMPTIONS - Amends existing law relating to sales and use tax by including the Idaho Women's and Children's Alliance within the definition of a health-related entity for purposes of a sales tax exemption. 02/08 House intro - 1st rdg - to printing 02/09 Rpt prt - to Rev/Tax 03/21 Rpt out - rec d/p - to 2nd rdg 03/22 2nd rdg - to 3rd rdg Rules susp - PASSED - 62-1-7 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(29), Henbest, Hornbeck, Jaquet, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Loertscher, Mader, Marley, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Wood, Zimmermann NAYS -- McKague Absent and excused -- Gould, Hansen(23), Jones, Linford, Trail, Wheeler, Mr Speaker Floor Sponsor - Stone Title apvd - to Senate 03/23 Senate intro - 1st rdg - to Loc Gov 03/28 Rpt out - rec d/p - to 2nd rdg 03/29 2nd rdg - to 3rd rdg 04/04 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Boatright, 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, Walton, Wheeler, Whitworth, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Wheeler Title apvd - to House 04/05 To enrol - rpt enrol - Sp signed - Pres signed 04/06 To Governor 04/14 Governor signed Session Law Chapter 309 Effective: 07/01/00
H0531|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 531 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO SALES AND USE TAX; AMENDING SECTION 63-3622O, IDAHO CODE, TO 3 INCLUDE THE IDAHO WOMEN'S AND CHILDREN'S ALLIANCE WITHIN THE DEFINITION OF 4 A HEALTH-RELATED ENTITY AND TO MAKE A TECHNICAL CORRECTION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 63-3622O, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 63-3622O. EXEMPT PRIVATE AND PUBLIC ORGANIZATIONS. (1) There are exempted 9 from the taxes imposed by this chapter: 10 (a) Sales to or purchases by hospitals, health-related entities, educa- 11 tional institutions, forest protective associations and canal companies 12 which are nonprofit organizations; and 13 (b) Donations to, sales to, and purchases by the Idaho Foodbank Ware- 14 house, Inc.; and 15 (c) Donations to, sales to, and purchases by food banks or soup kitchens 16 of food or other tangible personal property used by food banks or soup 17 kitchens in the growing, storage, preparation or service of food, but not 18 including motor vehicles or trailers; and 19 (d) Sales of clothes to, donations of clothes to, and purchases of 20 clothes by nonsale clothiers; and 21 (e) Sales to or purchases by centers for independent living; and 22 (f) Sales to or purchases by the state of Idaho and its agencies and its 23 political subdivisions. 24 (2) As used in this section, these words shall have the following mean- 25 ings: 26 (a) "Educational institution" shall mean nonprofit colleges, universi- 27 ties, public charter schools organized pursuant to chapter 52, title 33, 28 Idaho Code, and other primary and secondary schools, the income of which 29 is devoted solely to education and in which systematic instruction in the 30 usual branches of learning is given. This definition does not include 31 schools primarily teaching business, dancing, dramatics, music, cosmetol- 32 ogy, writing, gymnastics, exercise and other special accomplishments nor 33 parent-teacher associations, parent groups, alumni or other auxiliary 34 organizations with purposes related to the educational function of an 35 institution or collective group of institutions. 36 (b) "Hospital" shall include nonprofit institutions licensed by the state 37 for the care of ill persons. It shall not extend to nursing homes or simi- 38 lar institutions. 39 (c) "Health-related entities" shall mean the Idaho Cystic Fibrosis Foun- 40 dation, Idaho Epilepsy League, Idaho Lung Association, March of Dimes, 41 American Cancer Society, Mental Health Association, The Arc, The 42 Children's Home Society of Idaho, Idaho Heart Association, Idaho Ronald 43 McDonald House, United Cerebral Palsy, Arthritis Foundation, Muscular Dys- 2 1 trophy Foundation, National Multiple Sclerosis Society, Rocky Mountain 2 Kidney Association, American Diabetes Association, Easter Seals, Idaho 3 Community Action Agencies, Idaho Primary Care Association and community 4 health centers who are members of the Idaho Primary Care Association and 5 Idaho Special Olympics, and the Idaho Women's and Children's Alliance, 6 together with said entities' local or regional chapters or divisions. 7 (d) "Canal companies" shall include nonprofit corporations which are 8 incorporated solely for the purpose of operating and maintaining and are 9 engaged solely in operation and maintenance of dams, reservoirs, canals, 10 lateral and drainage ditches, pumps or pumping plants. 11 (e) "Forest protective associations" shall mean associations whose pur- 12 pose is the furnishing, operating and maintaining of a protective system 13 for the detection, prevention and suppression of forest or range fires. 14 Forest protective associations shall include only those associations with 15 which the state of Idaho has contracted or become a member of pursuant to 16 chapter 1, title 38, Idaho Code. 17 (f) "Food banks or soup kitchens" shall mean any nonprofit corporation or 18 association, other than the Idaho Foodbank Warehouse, Inc., one of whose 19 regular activities is the furnishing or providing of food or food products 20 to others without charge. 21 (g) "Nonsale clothier" shall mean any nonprofit corporation or associa- 22 tion one of whose primary purposes is the furnishing or providing of 23 clothes to others without charge. 24 (h) "Clothes" shall mean garments in general, designed or intended to be 25 worn by humans and shall include footwear in addition to wearing apparel. 26 (i) "Center for independent living" shall mean a private, nonprofit,non-27residentialnonresidential organization in which at least fifty-one per- 28 cent (51%) of the principal governing board, management and staff are 29 individuals with disabilities and that: 30 (i) Is designed and operated within a local community by individu- 31 als with disabilities; 32 (ii) Provides an array of independent living services and programs; 33 and 34 (iii) Is cross-disability. 35 (j) "Political subdivision" means: 36 (i) A governmental organization which: 37 1. Embraces a certain territory, 38 2. Is organized for public advantage and not in the interest of 39 private individuals or classes, 40 3. Has been delegated functions of government, and 41 4. Has the statutory power to levy taxes; or 42 (ii) A public health district created by section 39-408, Idaho 43 Code; or 44 (iii) A soil conservation district as defined in section 22-2717, 45 Idaho Code; or 46 (iv) A drainage district created pursuant to chapter 29, title 42, 47 Idaho Code; or 48 (v) An irrigation district created pursuant to title 43, Idaho 49 Code; or 50 (vi) A state grazing board created by section 57-1204, Idaho Code; 51 or 52 (vii) A water measurement district created pursuant to section 53 42-705 or 42-706, Idaho Code; or 54 (viii) A ground water management district created pursuant to chapter 55 51, title 42, Idaho Code. 3 1 (k) "Agency of the state of Idaho" shall mean an office or organization 2 created by the constitution or statutes of this state and constituting a 3 component part of the executive, judicial or legislative branch of the 4 government of this state. 5 (3) The exemption granted by subsection (1)(f) of this section does not 6 include any association or other organization whose members are political sub- 7 divisions or state agencies unless the organization is expressly created under 8 the joint powers provision of sections 67-2328 through 67-2333, Idaho Code. 9 (4) The exemptions granted by subsection (1) of this section do not 10 include the use of tangible personal property by a contractor used to improve 11 real property of an exempt entity when such use is within the definition pro- 12 vided by section 63-3615(b), Idaho Code, whether the use tax liability is 13 included in a contract total or stated separately in a contract. 14 (5) There is exempted from the taxes imposed in this chapter, the renting 15 of a place to sleep to an individual by the Idaho Ronald McDonald House.
REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS 09839 This bill includes the Women's and Children's Alliance in the list of "health-related entities" that are exempt from sales tax. The primary function of the WCA is to operate the state's largest shelter for battered women and their children and to operate a rape crisis hotline. The WCA is a private, non-profit organization funded through grants, donations and fund-raising events. FISCAL IMPACT The state recently began enforcing the requirement that non-profit organizations pay sales tax on sale of tickets to fund-raising events or sale of t-shirts and similar items to raise funds. The WCA has followed the practice of similar non-profit organizations on not collecting this tax in the past so this aspect of the bill would be revenue neutral. The state would lose the amount the WCA pays in sales tax each year for products it purchases for it's own operation, which is roughly $2600 a year. Contact Name: Rep Ruby R Stone Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE Bill No. 531