2004 Legislation
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SENATE BILL NO. 1422 – Regional public transp auth, tax

SENATE BILL NO. 1422

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Bill Status



S1422aa....................................................by STATE AFFAIRS
REGIONAL PUBLIC TRANSPORTATION AUTHORITIES - Amends existing law to provide
that regional public transportation authorities are exempt from taxation on
special fuels used in motor vehicles owned or leased and operated by
authorities; and to provide that authorities shall be entitled to credits
and refunds as provided in fuels tax law for political subdivisions of the
state.
                                                                        
03/02    Senate intro - 1st rdg - to printing
03/03    Rpt prt - to Transp
03/10    Rpt out - to 14th Ord
03/11    Rpt out amen - to engros
03/12    Rpt engros - 1st rdg - to 2nd rdg as amen
03/15    2nd rdg - to 3rd rdg as amen
03/16    3rd rdg as amen - PASSED - 34-0-1
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
      Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Cameron
    Floor Sponsor - Ingram
    Title apvd - to House
03/17    House intro - 1st rdg - to Rev/Tax
03/19    Rpt out - rec d/p - to 2nd rdg
03/20    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 65-0-5
      AYES -- Andersen, Barraclough, Barrett, Bayer, Bedke, Bell, Black,
      Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow, Cuddy,
      Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones,
      Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,
      McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
      Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
      Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
      Smith(30), Smylie, Snodgrass, Stevenson, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bauer, Clark, Harwood, Smith(24), Trail
    Floor Sponsor - Crow
    Title apvd - to Senate
03/20    To enrol - Rpt enrol - Pres signed
03/22    Sp signed - To Governor
03/23    Governor signed
         Session Law Chapter 152
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1422
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO  REGIONAL  PUBLIC  TRANSPORTATION  AUTHORITIES;  AMENDING  SECTION
  3        40-2113,  IDAHO  CODE,  TO  PROVIDE THAT EXEMPTION FROM TAXATION COMMENCES
  4        FROM THE DATE OF FORMATION OF ANY REGIONAL PUBLIC TRANSPORTATION AUTHORITY
  5        FORMED PURSUANT TO THIS CHAPTER AND TO PROVIDE THAT SUCH  AUTHORITIES  ARE
  6        NOT  REQUIRED  TO  PAY  TAXES  ON ANY FUELS UTILIZED BY THE AUTHORITY; AND
  7        DECLARING AN EMERGENCY.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Section 40-2113, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:
                                                                        
 11        40-2113.  EXEMPTION  FROM  TAXATION.  It  is  hereby found, determined and
 12    declared that the creation of a regional public transportation authority is in
 13    all respects for the benefit of the people of the  state  of  Idaho,  for  the
 14    improvement  of  their  welfare and prosperity, and for the promotion of their
 15    transportation, and is a public purpose and that projects and  services  oper-
 16    ated  by  authorities are essential parts of the public transportation system,
 17    and that such authorities will be performing essential governmental  functions
 18    in  the  exercise of the powers conferred upon them by this chapter. The state
 19    of Idaho declares that from and after the date  on  which  a  regional  public
 20    transportation authority is formed pursuant to the provisions of this chapter,
 21    regional  public  transportation authorities shall be required to pay no taxes
 22    or assessments upon any of the  property  acquired  by  them  or  under  their
 23    respective  jurisdiction,  control,  possession,  or  supervision  or upon the
 24    activities of authorities in the operation and  maintenance  of  projects  and
 25    services,  or  upon  any  charges, fees, revenues, or other income received by
 26    authorities, except motor vehicle fuel and aviation fuel  taxes  or  upon  any
 27    fuels  utilized  by  them,  and  that  the bonds of authorities and the income
 28    therefrom shall at all times be exempt from taxation. Regional  public  trans-
 29    portation  authorities  created  pursuant to this chapter shall be exempt from
 30    the sales tax imposed under the provisions of section 63-3621, Idaho Code, and
 31    shall be issued a  tax  exemption  certificate  as  provided  for  in  section
 32    63-3622, Idaho Code.
                                                                        
 33        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 34    declared to exist, this act shall be in full force and effect on and after its
 35    passage and approval.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved by    Ingram              
                                                                        
                                                     Seconded by McWilliams          
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1422
                                                                        
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, delete lines 19, 20 and 21 and insert:  "of
  3    Idaho  declares  that  authorities shall be required to pay no taxes"; in line
  4    26, delete "any"; in line 27, delete "fuels  utilized  by  them"  and  insert:
  5    "special fuels used in motor vehicles owned or leased and operated by authori-
  6    ties";  in  line  30,  delete  "and"  and insert: "and"; in line 32, following
  7    "Code" insert: ", and shall be entitled to such credits and refunds  as  other
  8    political  subdivisions  of  the  state  of  Idaho  are entitled under section
  9    63-2423, Idaho Code"; and in line 35, following "approval" insert: ", and ret-
 10    roactively to July 1, 2002".
                                                                        
 11                                 CORRECTION TO TITLE
 12        On page 1, in line 3, delete  "EXEMPTION  FROM  TAXATION  COMMENCES";  and
 13    delete  lines 4 through 7 and insert: "AUTHORITIES ARE EXEMPT FROM TAXATION ON
 14    SPECIAL FUELS USED IN MOTOR VEHICLES OWNED OR LEASED AND OPERATED BY  AUTHORI-
 15    TIES  AND TO PROVIDE THAT AUTHORITIES SHALL BE ENTITLED TO CREDITS AND REFUNDS
 16    AS PROVIDED IN FUELS TAX LAW FOR POLITICAL SUBDIVISIONS OF THE STATE;  DECLAR-
 17    ING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1422, As Amended
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO  REGIONAL  PUBLIC  TRANSPORTATION  AUTHORITIES;  AMENDING  SECTION
  3        40-2113,  IDAHO CODE, TO PROVIDE THAT AUTHORITIES ARE EXEMPT FROM TAXATION
  4        ON SPECIAL FUELS USED IN MOTOR VEHICLES OWNED OR LEASED  AND  OPERATED  BY
  5        AUTHORITIES  AND  TO PROVIDE THAT AUTHORITIES SHALL BE ENTITLED TO CREDITS
  6        AND REFUNDS AS PROVIDED IN FUELS TAX LAW FOR POLITICAL SUBDIVISIONS OF THE
  7        STATE; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Section 40-2113, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:
                                                                        
 11        40-2113.  EXEMPTION  FROM  TAXATION.  It  is  hereby found, determined and
 12    declared that the creation of a regional public transportation authority is in
 13    all respects for the benefit of the people of the  state  of  Idaho,  for  the
 14    improvement  of  their  welfare and prosperity, and for the promotion of their
 15    transportation, and is a public purpose and that projects and  services  oper-
 16    ated  by  authorities are essential parts of the public transportation system,
 17    and that such authorities will be performing essential governmental  functions
 18    in  the  exercise of the powers conferred upon them by this chapter. The state
 19    of Idaho declares that authorities shall  be  required  to  pay  no  taxes  or
 20    assessments  upon  any of the property acquired by them or under their respec-
 21    tive jurisdiction, control, possession, or supervision or upon the  activities
 22    of  authorities  in the operation and maintenance of projects and services, or
 23    upon any charges, fees, revenues, or other  income  received  by  authorities,
 24    except  motor  vehicle fuel and aviation fuel taxes or upon special fuels used
 25    in motor vehicles owned or leased and operated by authorities,  and  that  the
 26    bonds  of  authorities  and  the income therefrom shall at all times be exempt
 27    from taxation. Regional public transportation authorities created pursuant  to
 28    this  chapter  shall be exempt from the sales tax imposed under the provisions
 29    of section 63-3621, Idaho Code, and shall be issued a tax  exemption  certifi-
 30    cate  as provided for in section 63-3622, Idaho Code, and shall be entitled to
 31    such credits and refunds as other political subdivisions of the state of Idaho
 32    are entitled under section 63-2423, Idaho Code.
                                                                        
 33        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 34    declared to exist, this act shall be in full force and effect on and after its
 35    passage and approval, and retroactively to July 1, 2002.

Statement of Purpose / Fiscal Impact


                        STATEMENT OF PURPOSE
                              RS14213

The purpose of this legislation is to clarify that regional
public transportation authorities, as political subdivisions of the
state of Idaho, are to be treated like other political subdivisions of
the state of Idaho with respect to the imposition of fuel taxes.




                              FISCAL IMPACT

Only one regional public transportation authority, since its
formation, has paid special fuels tax for which it might be entitled a
refund in the approximate amount of $10,000. No other regional public
transportation authority has paid special fuels tax, and since this
legislation clarifies that no regional public transportation authority
should pay such tax, this legislation will have no additional fiscal
impact on the highway distribution account.



REVISED                   REVISED                    REVISED

Contact
Name:  Roy Eiguren, ValleyRide
Phone: 332-1315

STATEMENT OF PURPOSE/FISCAL NOTE                     Bill No. 1422