2005 Legislation
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HOUSE BILL NO. 15 – Sales tax, distribution

HOUSE BILL NO. 15

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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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN 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.

Statement of Purpose / Fiscal Impact


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                     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