View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0015...............................................by REVENUE AND TAXATION SALES TAX - Amends existing law to exclude Multistate Tax Compact sales tax revenue from the state sales tax distribution requirement. 01/19 House intro - 1st rdg - to printing 01/20 Rpt prt - to Rev/Tax 01/26 Rpt out - rec d/p - to 2nd rdg 01/27 2nd rdg - to 3rd rdg 01/31 3rd rdg - PASSED - 65-0-5 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Ellsworth, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Edmunson, Eskridge, Jones, Sali, Smylie Floor Sponsor - Smith(24) Title apvd - to Senate 02/01 Senate intro - 1st rdg - to Loc Gov 02/04 Rpt out - rec d/p - to 2nd rdg 02/07 2nd rdg - to 3rd rdg 02/08 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Noble, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Langhorst Title apvd - to House 02/09 To enrol 02/10 Rpt enrol - Sp signed 02/11 Pres signed 02/14 To Governor 02/18 Governor signed Session Law Chapter 18 Effective: 07/01/05 Section 1; 08/01/05 Section 2
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 15 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO THE DISTRIBUTION OF SALES TAX REVENUES; AMENDING SECTION 63-3638, 3 IDAHO CODE, AS AMENDED BY SECTION 2, CHAPTER 104, LAWS OF 2004, TO EXCLUDE 4 DISTRIBUTION OF REVENUES DISTRIBUTED UNDER SECTION 63-3709, IDAHO CODE; 5 AMENDING SECTION 63-3638, IDAHO CODE, AS AMENDED BY SECTION 3, CHAPTER 6 104, LAWS OF 2004, TO EXCLUDE DISTRIBUTION OF REVENUES DISTRIBUTED UNDER 7 SECTION 63-3709, IDAHO CODE; AND PROVIDING EFFECTIVE DATES. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 63-3638, Idaho Code, as amended by Section 2, 10 Chapter 104, Laws of 2004, be, and the same is hereby amended to read as fol- 11 lows: 12 63-3638. SALES TAX -- DISTRIBUTION. All moneys collected under this 13 chapter, except as may otherwise be required in sections 63-3203 and 63-3709, 14 Idaho Code, shall be distributed by the tax commission as follows: 15 (1) An amount of money shall be distributed to the state refund account 16 sufficient to pay current refund claims. All refunds authorized under this 17 chapter by the commission shall be paid through the state refund account, and 18 those moneys are continuously appropriated. 19 (2) Five million dollars ($5,000,000) per year is continuously appropri- 20 ated and shall be distributed to the permanent building fund, provided by sec- 21 tion 57-1108, Idaho Code. 22 (3) Four million eight hundred thousand dollars ($4,800,000) per year is 23 continuously appropriated and shall be distributed to the water pollution con- 24 trol account established by section 39-3605, Idaho Code. 25 (4) An amount equal to the sum required to be certified by the chairman 26 of the Idaho housing and finance association to the state tax commission pur- 27 suant to section 67-6211, Idaho Code, in each year is continuously appropri- 28 ated and shall be paid to any capital reserve fund, established by the Idaho 29 housing and finance association pursuant to section 67-6211, Idaho Code. Such 30 amounts, if any, as may be appropriated hereunder to the capital reserve fund 31 of the Idaho housing and finance association shall be repaid for distribution 32 under the provisions of this section, subject to the provisions of section 33 67-6215, Idaho Code, by the Idaho housing and finance association, as soon as 34 possible, from any moneys available therefor and in excess of the amounts 35 which the association determines will keep it self-supporting. 36 (5) An amount equal to the sum required by the provisions of section 37 63-709, Idaho Code, is continuously appropriated and shall be paid as provided 38 by section 63-709, Idaho Code. 39 (6) An amount required by the provisions of chapter 53, title 33, Idaho 40 Code. 41 (7) An amount required by the provisions of chapter 87, title 67, Idaho 42 Code. 43 (8) One dollar ($1.00) on each application for certificate of title or 2 1 initial application for registration of a motor vehicle, snowmobile, all- 2 terrain vehicle or other vehicle processed by the county assessor or the Idaho 3 transportation department excepting those applications in which any sales or 4 use taxes due have been previously collected by a retailer, shall be a fee for 5 the services of the assessor of the county or the Idaho transportation depart- 6 ment in collecting such taxes, and shall be paid into the current expense fund 7 of the county or state highway account established in section 40-702, Idaho 8 Code. 9 (9) Eleven and five-tenths percent (11.5%) is continuously appropriated 10 and shall be distributed to the revenue sharing account which is created in 11 the state treasury, and the moneys in the revenue sharing account will be 12 paid in installments each calendar quarter by the tax commission as follows: 13 (a) Twenty-eight and two-tenths percent (28.2%) shall be paid to the var- 14 ious cities as follows: 15 (i) Fifty percent (50%) of such amount shall be paid to the various 16 cities, and each city shall be entitled to an amount in the propor- 17 tion that the population of that city bears to the population of all 18 cities within the state; and 19 (ii) Fifty percent (50%) of such amount shall be paid to the various 20 cities, and each city shall be entitled to an amount in the propor- 21 tion that the preceding year's market value for assessment purposes 22 for that city bears to the preceding year's market value for assess- 23 ment purposes for all cities within the state. 24 (b) Twenty-eight and two-tenths percent (28.2%) shall be paid to the var- 25 ious counties as follows: 26 (i) One million three hundred twenty thousand dollars ($1,320,000) 27 annually shall be distributed one forty-fourth (1/44) to each of the 28 various counties; and 29 (ii) The balance of such amount shall be paid to the various coun- 30 ties, and each county shall be entitled to an amount in the propor- 31 tion that the population of that county bears to the population of 32 the state; 33 (c) Thirty-five and nine-tenths percent (35.9%) of the amount appropri- 34 ated in this subsection (9) shall be paid to the several counties for dis- 35 tribution to the cities and counties as follows: 36 (i) Each city and county which received a payment under the provi- 37 sions of section 63-3638(e), Idaho Code, during the fourth quarter of 38 calendar year 1999, shall be entitled to a like amount during suc- 39 ceeding calendar quarters. 40 (ii) If the dollar amount of money available under this subsection 41 (9)(c) in any quarter does not equal the amount paid in the fourth 42 quarter of calendar year 1999, each city's and county's payment shall 43 be reduced proportionately. 44 (iii) If the dollar amount of money available under this subsection 45 (9)(c) in any quarter exceeds the amount paid in the fourth quarter 46 of calendar year 1999, each city and county shall be entitled to a 47 proportionately increased payment, but such increase shall not exceed 48 one hundred five percent (105%) of the total payment made in the 49 fourth quarter of calendar year 1999. 50 (iv) If the dollar amount of money available under this subsection 51 (9)(c) in any quarter exceeds one hundred five percent (105%) of the 52 total payment made in the fourth quarter of calendar year 1999, any 53 amount over and above such one hundred five percent (105%) shall be 54 paid fifty percent (50%) to the various cities in the proportion that 55 the population of the city bears to the population of all cities 3 1 within the state, and fifty percent (50%) to the various counties in 2 the proportion that the population of a county bears to the popula- 3 tion of the state; and 4 (d) Seven and seven-tenths percent (7.7%) of the amount appropriated in 5 this subsection (9) shall be paid to the several counties for distribution 6 to special purpose taxing districts as follows: 7 (i) Each such district which received a payment under the provi- 8 sions of section 63-3638(e), Idaho Code, during the fourth quarter of 9 calendar year 1999, shall be entitled to a like amount during suc- 10 ceeding calendar quarters. 11 (ii) If the dollar amount of money available under this subsection 12 (9)(d) in any quarter does not equal the amount paid in the fourth 13 quarter of calendar year 1999, each special purpose taxing district's 14 payment shall be reduced proportionately. 15 (iii) If the dollar amount of money available under this subsection 16 (9)(d) in any quarter exceeds the amount distributed under paragraph 17 (i) of this subsection (9)(d), each special purpose taxing district 18 shall be entitled to a share of the excess based on the proportion 19 each such district's current property tax budget bears to the sum of 20 the current property tax budgets of all such districts in the state. 21 The state tax commission shall calculate district current property 22 tax budgets to include any unrecovered foregone amounts as determined 23 under section 63-802(1)(e), Idaho Code. When a special purpose taxing 24 district is situated in more than one (1) county, the tax commission 25 shall determine the portion attributable to the special purpose tax- 26 ing district from each county in which it is situated. 27 (iv) If special purpose taxing districts are consolidated, the 28 resulting district is entitled to a base amount equal to the sum of 29 the base amounts which were received in the last calendar quarter by 30 each district prior to the consolidation. 31 (v) If a special purpose taxing district is dissolved or 32 disincorporated, the state tax commission shall continuously distrib- 33 ute to the board of county commissioners an amount equal to the last 34 quarter's distribution prior to dissolution or disincorporation. The 35 board of county commissioners shall determine any redistribution of 36 moneys so received. 37 (vi) Taxing districts formed after January 1, 2001, are not entitled 38 to a payment under the provisions of this subsection (9)(d). 39 (vii) For purposes of this subsection (9)(d), a special purpose tax- 40 ing district is any taxing district which is not a city, a county or 41 a school district. 42 (10) Amounts calculated in accordance with section 2, chapter 356, Laws of 43 2001, for annual distribution to counties and other taxing districts beginning 44 in October 2001 for replacement of property tax on farm machinery and equip- 45 ment exempted pursuant to section 63-602EE, Idaho Code. For nonschool dis- 46 tricts, the state tax commission shall distribute one-fourth (1/4) of this 47 amount certified quarterly to each county. For school districts, the state tax 48 commission shall distribute one-fourth (1/4) of the amount certified quarterly 49 to each school district. For nonschool districts, the county auditor shall 50 distribute to each district within thirty (30) calendar days from receipt of 51 moneys from the tax commission. Moneys received by each taxing district for 52 replacement shall be utilized in the same manner and in the same proportions 53 as revenues from property taxation. The moneys remitted to the county trea- 54 surer for replacement of property exempt from taxation pursuant to section 55 63-602EE, Idaho Code, may be considered by the counties and other taxing dis- 4 1 tricts and budgeted at the same time, in the same manner and in the same year 2 as revenues from taxation on personal property which these moneys replace. If 3 taxing districts are consolidated, the resulting district is entitled to an 4 amount equal to the sum of the amounts which were received in the last calen- 5 dar quarter by each district pursuant to this subsection prior to the consoli- 6 dation. If a taxing district is dissolved or disincorporated, the state tax 7 commission shall continuously distribute to the board of county commissioners 8 an amount equal to the last quarter's distribution prior to dissolution or 9 disincorporation. The board of county commissioners shall determine any redis- 10 tribution of moneys so received. If a taxing district annexes territory, the 11 distribution of moneys received pursuant to this subsection shall be unaf- 12 fected. Taxing districts formed after January 1, 2001, are not entitled to a 13 payment under the provisions of this subsection. School districts shall 14 receive an amount determined by multiplying the sum of the year 2000 school 15 district levy plus .001 times the market value on December 31, 2000, in the 16 district of the property exempt from taxation pursuant to section 63-602EE, 17 Idaho Code. For school districts, beginning January 1, 2002, only the portion 18 of property tax replacement received to replace property exempt from taxation 19 pursuant to section 63-602EE, Idaho Code, based on the tax year 2000 tax 20 charges for maintenance and operation as limited by sections 33-802 2. and 21 33-1002D, Idaho Code, shall not be subtracted from the maximum school district 22 maintenance and operation property taxes permitted in accordance with section 23 33-802 2., Idaho Code. For purposes of the limitation provided by section 24 63-802, Idaho Code, moneys received pursuant to this section as property tax 25 replacement for property exempt from taxation pursuant to section 63-602EE, 26 Idaho Code, shall be treated as property tax revenues. 27 (11) Any moneys remaining over and above those necessary to meet and 28 reserve for payments under other subsections of this section shall be distrib- 29 uted to the general fund. 30 SECTION 2. That Section 63-3638, Idaho Code, as amended by Section 3, 31 Chapter 104, Laws of 2004, be, and the same is hereby amended to read as fol- 32 lows: 33 63-3638. SALES TAX -- DISTRIBUTION. All moneys collected under this chap- 34 ter, except as may otherwise be required in sections 63-3203 and 63-3709, 35 Idaho Code, shall be distributed by the tax commission as follows: 36 (1) An amount of money shall be distributed to the state refund account 37 sufficient to pay current refund claims. All refunds authorized under this 38 chapter by the commission shall be paid through the state refund account, and 39 those moneys are continuously appropriated. 40 (2) Five million dollars ($5,000,000) per year is continuously appropri- 41 ated and shall be distributed to the permanent building fund, provided by sec- 42 tion 57-1108, Idaho Code. 43 (3) Four million eight hundred thousand dollars ($4,800,000) per year is 44 continuously appropriated and shall be distributed to the water pollution con- 45 trol account established by section 39-3605, Idaho Code. 46 (4) An amount equal to the sum required to be certified by the chairman 47 of the Idaho housing and finance association to the state tax commission pur- 48 suant to section 67-6211, Idaho Code, in each year is continuously appropri- 49 ated and shall be paid to any capital reserve fund, established by the Idaho 50 housing and finance association pursuant to section 67-6211, Idaho Code. Such 51 amounts, if any, as may be appropriated hereunder to the capital reserve fund 52 of the Idaho housing and finance association shall be repaid for distribution 53 under the provisions of this section, subject to the provisions of section 5 1 67-6215, Idaho Code, by the Idaho housing and finance association, as soon as 2 possible, from any moneys available therefor and in excess of the amounts 3 which the association determines will keep it self-supporting. 4 (5) An amount equal to the sum required by the provisions of section 5 63-709, Idaho Code, is continuously appropriated and shall be paid as provided 6 by section 63-709, Idaho Code. 7 (6) An amount required by the provisions of chapter 53, title 33, Idaho 8 Code. 9 (7) An amount required by the provisions of chapter 87, title 67, Idaho 10 Code. 11 (8) One dollar ($1.00) on each application for certificate of title or 12 initial application for registration of a motor vehicle, snowmobile, all- 13 terrain vehicle or other vehicle processed by the county assessor or the Idaho 14 transportation department excepting those applications in which any sales or 15 use taxes due have been previously collected by a retailer, shall be a fee 16 for the services of the assessor of the county or the Idaho transportation 17 department in collecting such taxes, and shall be paid into the current 18 expense fund of the county or state highway account established in section 19 40-702, Idaho Code. 20 (9) Thirteen and three-quarters percent (13.75%) is continuously appro- 21 priated and shall be distributed to the revenue sharing account which is cre- 22 ated in the state treasury, and the moneys in the revenue sharing account will 23 be paid in installments each calendar quarter by the tax commission as fol- 24 lows: 25 (a) Twenty-eight and two-tenths percent (28.2%) shall be paid to the var- 26 ious cities as follows: 27 (i) Fifty percent (50%) of such amount shall be paid to the various 28 cities, and each city shall be entitled to an amount in the propor- 29 tion that the population of that city bears to the population of all 30 cities within the state; and 31 (ii) Fifty percent (50%) of such amount shall be paid to the various 32 cities, and each city shall be entitled to an amount in the propor- 33 tion that the preceding year's market value for assessment purposes 34 for that city bears to the preceding year's market value for assess- 35 ment purposes for all cities within the state. 36 (b) Twenty-eight and two-tenths percent (28.2%) shall be paid to the var- 37 ious counties as follows: 38 (i) One million three hundred twenty thousand dollars ($1,320,000) 39 annually shall be distributed one forty-fourth (1/44) to each of the 40 various counties; and 41 (ii) The balance of such amount shall be paid to the various coun- 42 ties, and each county shall be entitled to an amount in the propor- 43 tion that the population of that county bears to the population of 44 the state; 45 (c) Thirty-five and nine-tenths percent (35.9%) of the amount appropri- 46 ated in this subsection (9) shall be paid to the several counties for dis- 47 tribution to the cities and counties as follows: 48 (i) Each city and county which received a payment under the provi- 49 sions of section 63-3638(e), Idaho Code, during the fourth quarter of 50 calendar year 1999, shall be entitled to a like amount during suc- 51 ceeding calendar quarters. 52 (ii) If the dollar amount of money available under this subsection 53 (9)(c) in any quarter does not equal the amount paid in the fourth 54 quarter of calendar year 1999, each city's and county's payment shall 55 be reduced proportionately. 6 1 (iii) If the dollar amount of money available under this subsection 2 (9)(c) in any quarter exceeds the amount paid in the fourth quarter 3 of calendar year 1999, each city and county shall be entitled to a 4 proportionately increased payment, but such increase shall not exceed 5 one hundred five percent (105%) of the total payment made in the 6 fourth quarter of calendar year 1999. 7 (iv) If the dollar amount of money available under this subsection 8 (9)(c) in any quarter exceeds one hundred five percent (105%) of the 9 total payment made in the fourth quarter of calendar year 1999, any 10 amount over and above such one hundred five percent (105%) shall be 11 paid fifty percent (50%) to the various cities in the proportion that 12 the population of the city bears to the population of all cities 13 within the state, and fifty percent (50%) to the various counties in 14 the proportion that the population of a county bears to the popula- 15 tion of the state; and 16 (d) Seven and seven-tenths percent (7.7%) of the amount appropriated in 17 this subsection (9) shall be paid to the several counties for distribu- 18 tion to special purpose taxing districts as follows: 19 (i) Each such district which received a payment under the provi- 20 sions of section 63-3638(e), Idaho Code, during the fourth quarter of 21 calendar year 1999, shall be entitled to a like amount during suc- 22 ceeding calendar quarters. 23 (ii) If the dollar amount of money available under this subsection 24 (9)(d) in any quarter does not equal the amount paid in the fourth 25 quarter of calendar year 1999, each special purpose taxing district's 26 payment shall be reduced proportionately. 27 (iii) If the dollar amount of money available under this subsection 28 (9)(d) in any quarter exceeds the amount distributed under paragraph 29 (i) of this subsection (9)(d), each special purpose taxing district 30 shall be entitled to a share of the excess based on the proportion 31 each such district's current property tax budget bears to the sum of 32 the current property tax budgets of all such districts in the state. 33 The state tax commission shall calculate district current property 34 tax budgets to include any unrecovered foregone amounts as determined 35 under section 63-802(1)(e), Idaho Code. When a special purpose taxing 36 district is situated in more than one (1) county, the tax commission 37 shall determine the portion attributable to the special purpose tax- 38 ing district from each county in which it is situated. 39 (iv) If special purpose taxing districts are consolidated, the 40 resulting district is entitled to a base amount equal to the sum of 41 the base amounts which were received in the last calendar quarter by 42 each district prior to the consolidation. 43 (v) If a special purpose taxing district is dissolved or 44 disincorporated, the state tax commission shall continuously distrib- 45 ute to the board of county commissioners an amount equal to the last 46 quarter's distribution prior to dissolution or disincorporation. The 47 board of county commissioners shall determine any redistribution of 48 moneys so received. 49 (vi) Taxing districts formed after January 1, 2001, are not entitled 50 to a payment under the provisions of this subsection (9)(d). 51 (vii) For purposes of this subsection (9)(d), a special purpose tax- 52 ing district is any taxing district which is not a city, a county or 53 a school district. 54 (10) Amounts calculated in accordance with section 2, chapter 356, Laws of 55 2001, for annual distribution to counties and other taxing districts beginning 7 1 in October 2001 for replacement of property tax on farm machinery and equip- 2 ment exempted pursuant to section 63-602EE, Idaho Code. For nonschool dis- 3 tricts, the state tax commission shall distribute one-fourth (1/4) of this 4 amount certified quarterly to each county. For school districts, the state tax 5 commission shall distribute one-fourth (1/4) of the amount certified quarterly 6 to each school district. For nonschool districts, the county auditor shall 7 distribute to each district within thirty (30) calendar days from receipt of 8 moneys from the tax commission. Moneys received by each taxing district for 9 replacement shall be utilized in the same manner and in the same proportions 10 as revenues from property taxation. The moneys remitted to the county trea- 11 surer for replacement of property exempt from taxation pursuant to section 12 63-602EE, Idaho Code, may be considered by the counties and other taxing dis- 13 tricts and budgeted at the same time, in the same manner and in the same year 14 as revenues from taxation on personal property which these moneys replace. If 15 taxing districts are consolidated, the resulting district is entitled to an 16 amount equal to the sum of the amounts which were received in the last calen- 17 dar quarter by each district pursuant to this subsection prior to the consoli- 18 dation. If a taxing district is dissolved or disincorporated, the state tax 19 commission shall continuously distribute to the board of county commissioners 20 an amount equal to the last quarter's distribution prior to dissolution or 21 disincorporation. The board of county commissioners shall determine any redis- 22 tribution of moneys so received. If a taxing district annexes territory, the 23 distribution of moneys received pursuant to this subsection shall be unaf- 24 fected. Taxing districts formed after January 1, 2001, are not entitled to a 25 payment under the provisions of this subsection. School districts shall 26 receive an amount determined by multiplying the sum of the year 2000 school 27 district levy plus .001 times the market value on December 31, 2000, in the 28 district of the property exempt from taxation pursuant to section 63-602EE, 29 Idaho Code. For school districts, beginning January 1, 2002, only the portion 30 of property tax replacement received to replace property exempt from taxation 31 pursuant to section 63-602EE, Idaho Code, based on the tax year 2000 tax 32 charges for maintenance and operation as limited by sections 33-802 2. and 33 33-1002D, Idaho Code, shall not be subtracted from the maximum school district 34 maintenance and operation property taxes permitted in accordance with section 35 33-802 2., Idaho Code. For purposes of the limitation provided by section 36 63-802, Idaho Code, moneys received pursuant to this section as property tax 37 replacement for property exempt from taxation pursuant to section 63-602EE, 38 Idaho Code, shall be treated as property tax revenues. 39 (11) Any moneys remaining over and above those necessary to meet and 40 reserve for payments under other subsections of this section shall be distrib- 41 uted to the general fund. 42 SECTION 3. Section 1 of this act shall be in full force and effect on and 43 after July 1, 2005. Section 2 of this act shall be in full force and effect on 44 and after August 1, 2005.
REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS 14453 This bill resolves the confusion caused by two Idaho Code sections with different instructions on how to distribute sales and use tax revenue. Section 63-3638, Idaho Code, distributes "all" sales tax revenue, including a portion distributed to local governments. However, Section 63-3709, Idaho Code, requires that sales tax revenues collected through the Multistate Tax Compact (MTC) be deposited into the MTC Account. This bill excludes MTC sales tax revenue from the distribution requirement in Section 63-3638, Idaho Code, thus conforming to the State Tax Commission's existing practice. Due to the sunset of the 6% sales tax rate on July 1, 2005, Section 63-3638, Idaho Code must be amended twice, once with an effective date before the sunset and once afterward. FISCAL IMPACT No fiscal effect. CONTACT Name: Dan John Agency: State Tax Commission Phone: 334-7530 STATEMENT OF PURPOSE/FISCAL NOTE H 15