Print Friendly HOUSE BILL NO. 32 – Playground equip, exmpt sales tax
HOUSE BILL NO. 32
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H0032...............................................by REVENUE AND TAXATION
PUBLIC PLAYGROUND EQUIPMENT - SALES TAX EXEMPTION - Amends existing law to
provide that public playground equipment and associated shock absorbing
material are exempt from sales and use tax.
01/24 House intro - 1st rdg - to printing
01/25 Rpt prt - to Rev/Tax
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 32
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO SALES AND USE TAXES; AMENDING SECTION 63-3622O, IDAHO CODE, TO
3 PROVIDE THAT PUBLIC PLAYGROUND EQUIPMENT AND ASSOCIATED SHOCK ABSORBING
4 MATERIAL ARE EXEMPT FROM SALES AND USE TAXES.
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; and
24 (g) Sales to or purchases by volunteer fire departments or licensed emer-
25 gency medical service agencies;
26 (h) Sales to or purchases by a qualifying senior citizen center; and
27 (i) Sales to or purchases by the Blind Services Foundation, Inc.
28 (2) As used in this section, these words shall have the following mean-
30 (a) "Educational institution" shall mean nonprofit colleges, universi-
31 ties, public charter schools organized pursuant to chapter 52, title 33,
32 Idaho Code, and other primary and secondary schools, the income of which
33 is devoted solely to education and in which systematic instruction in the
34 usual branches of learning is given. This definition does not include
35 schools primarily teaching business, dancing, dramatics, music, cosmetol-
36 ogy, writing, gymnastics, exercise and other special accomplishments nor
37 parent-teacher associations, parent groups, alumni or other auxiliary
38 organizations with purposes related to the educational function of an
39 institution or collective group of institutions.
40 (b) "Hospital" shall include nonprofit institutions licensed by the state
41 for the care of ill persons. It shall not extend to nursing homes or simi-
42 lar institutions.
43 (c) "Health-related entities" shall mean the Idaho Cystic Fibrosis Foun-
1 dation, Idaho Epilepsy League, Idaho Lung Association, March of Dimes,
2 American Cancer Society, Mental Health Association, The Arc, The
3 Children's Home Society of Idaho, American Heart Association, Idaho Ronald
4 McDonald House, United Cerebral Palsy, Arthritis Foundation, Muscular Dys-
5 trophy Foundation, National Multiple Sclerosis Society, Rocky Mountain
6 Kidney Association, American Diabetes Association, Easter Seals, Idaho
7 Community Action Agencies, Idaho Primary Care Association and community
8 health centers who are members of the Idaho Primary Care Association, the
9 Idaho Diabetes Youth Programs, Special Olympics Idaho, the Idaho Women's
10 and Children's Alliance, and the Family Services Alliance of Southeast
11 Idaho, together with said entities' local or regional chapters or divi-
13 (d) "Canal companies" shall include nonprofit corporations which are
14 incorporated solely for the purpose of operating and maintaining and are
15 engaged solely in operation and maintenance of dams, reservoirs, canals,
16 lateral and drainage ditches, pumps or pumping plants.
17 (e) "Forest protective associations" shall mean associations whose pur-
18 pose is the furnishing, operating and maintaining of a protective system
19 for the detection, prevention and suppression of forest or range fires.
20 Forest protective associations shall include only those associations with
21 which the state of Idaho has contracted or become a member of pursuant to
22 chapter 1, title 38, Idaho Code.
23 (f) "Food banks or soup kitchens" shall mean any nonprofit corporation or
24 association, other than the Idaho Foodbank Warehouse, Inc., one of whose
25 regular activities is the furnishing or providing of food or food products
26 to others without charge.
27 (g) "Nonsale clothier" shall mean any nonprofit corporation or associa-
28 tion one of whose primary purposes is the furnishing or providing of
29 clothes to others without charge.
30 (h) "Clothes" shall mean garments in general, designed or intended to be
31 worn by humans and shall include footwear in addition to wearing apparel.
32 (i) "Center for independent living" shall mean a private, nonprofit, non-
33 residential organization in which at least fifty-one percent (51%) of the
34 principal governing board, management and staff are individuals with dis-
35 abilities and that:
36 (i) Is designed and operated within a local community by individu-
37 als with disabilities;
38 (ii) Provides an array of independent living services and programs;
40 (iii) Is cross-disability.
41 (j) "Political subdivision" means:
42 (i) A governmental organization which:
43 1. Embraces a certain territory,
44 2. Is organized for public advantage and not in the interest of
45 private individuals or classes,
46 3. Has been delegated functions of government, and
47 4. Has the statutory power to levy taxes; or
48 (ii) A public health district created by section 39-408, Idaho
49 Code; or
50 (iii) A soil conservation district as defined in section 22-2717,
51 Idaho Code; or
52 (iv) A drainage district created pursuant to chapter 29, title 42,
53 Idaho Code; or
54 (v) An irrigation district created pursuant to title 43, Idaho
55 Code; or
1 (vi) A state grazing board created by section 57-1204, Idaho Code;
3 (vii) A water measurement district created pursuant to section
4 42-705 or 42-706, Idaho Code; or
5 (viii) A ground water management district created pursuant to chapter
6 51, title 42, Idaho Code.
7 (k) "Agency of the state of Idaho" shall mean an office or organization
8 created by the constitution or statutes of this state and constituting a
9 component part of the executive, judicial or legislative branch of the
10 government of this state.
11 (l) "Volunteer fire department" means an entity exempt from federal
12 income taxation pursuant to section 501(c)(3) of the Internal Revenue Code
13 and which primarily provides fire protection, or fire prevention on a not-
14 for-profit basis to surrounding residents.
15 (m) "Licensed emergency medical service agency (EMS)" means an emergency
16 medical service licensed by the EMS bureau of the department of health and
17 welfare and which is exempt from federal income taxation pursuant to sec-
18 tion 501(c)(3) of the Internal Revenue Code and which provides emergency
19 medical services on a not-for-profit basis to surrounding residents.
20 (n) "Qualifying senior citizen center" means an entity exempt from income
21 tax pursuant to section 501(c)(3) of the Internal Revenue Code and which
22 is a community facility for the organization and provision of a broad
23 spectrum of services, which shall include provision of health (including
24 mental health), social, nutritional, and educational services and the pro-
25 vision of facilities for recreational activities for older individuals.
26 (3) The exemption granted by subsection (1)(f) of this section does not
27 include any association or other organization whose members are political sub-
28 divisions or state agencies unless the organization is expressly created under
29 the joint powers provision of sections 67-2328 through 67-2333, Idaho Code.
30 (4) The exemptions granted by subsection (1) of this section do not
31 include the use of tangible personal property by a contractor used to improve
32 real property of an exempt entity when such use is within the definition pro-
33 vided by section 63-3615(b), Idaho Code, whether the use tax liability is
34 included in a contract total or stated separately in a contract; except that
35 sales and purchases of public playground equipment, such as slides and swings,
36 and the shock absorbing material associated therewith shall be exempt.
37 (5) There is exempted from the taxes imposed in this chapter, the renting
38 of a place to sleep to an individual by the Idaho Ronald McDonald House.
STATEMENT OF PURPOSE
The purpose of this legislation is to exempt sales and use taxes
on public playground equipment, such as slides and swings, and
the shock absorbing material associated with the equipment.
Loss of revenue to the general fund would be about $90,000 each
fiscal year. An equal savings to the cities and schools that buy
the playground equipment should offset this money.
Name: Charles F. Campbell
Phone: (208) 344-8811
STATEMENT OF PURPOSE/FISCAL NOTE H 32