2006 Legislation
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HOUSE BILL NO. 497 – Sales tax rebate, media production

HOUSE BILL NO. 497

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Bill Status



H0497aaS............................................by REVENUE AND TAXATION
SALES TAX REBATE - Adds to existing law to provide a sales and use tax
rebate for the sales or use of tangible personal property used directly by
a media production company in a media production project; to provide
procedures; to define terms; to provide qualification requirements; and to
provide for recapture.
                                                                        
01/27    House intro - 1st rdg - to printing
01/30    Rpt prt - to Rev/Tax
02/15    Rpt out - rec d/p - to 2nd rdg
02/16    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 68-1-1
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Kemp, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali(Sali), Sayler, Schaefer, Shepherd(2), Shepherd(8),
      Shirley, Skippen, Smith(30), Smith(24), Smylie(Luker), Snodgrass,
      Stevenson, Trail, Wills, Wood, Mr. Speaker
      NAYS -- Cannon
      Absent and excused -- Lake
    Floor Sponsor - Kemp
    Title apvd - to Senate
02/23    Senate intro - 1st rdg - to Loc Gov
03/03    Rpt out - to 14th Ord
03/08    Rpt out amen - to 1st rdg as amen
03/09    1st rdg - to 2nd rdg as amen
03/10    2nd rdg - to 3rd rdg as amen
03/14    3rd rdg as amen - PASSED - 21-10-4
      AYES -- Andreason, Broadsword, Bunderson, Burkett, Cameron, Corder,
      Darrington, Fulcher, Goedde, Kelly, Keough, Langhorst, Lodge,
      Malepeai, Marley, McGee, Richardson, Schroeder, Stennett, Sweet, Werk
      NAYS -- Coiner, Compton, Gannon, Hill, Jorgenson, Little, McKenzie,
      Pearce, Stegner, Williams
      Absent and excused -- Brandt, Burtenshaw, Davis, Geddes
    Floor Sponsors - Langhorst, Corder & Bunderson
    Title apvd - to House
03/15    House concurred in Senate amens - to engros
03/16    Rpt engros - 1st rdg - to 2nd rdg as amen
03/17    2nd rdg - to 3rd rdg as amen
03/22    3rd rdg as amen - PASSED - 65-4-1
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
      Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Chadderdon,
      Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Henbest, Henderson, Jaquet,
      Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin,
      McKague, Miller, Moyle, Nielsen, Pasley-Stuart, Pence, Raybould,
      Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer,
      Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24),
      Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
      NAYS -- Barrett, Cannon, Harwood, Mitchell
      Absent and excused -- Nonini
    Floor Sponsor - Kemp
    Title apvd - to enrol
03/23    Rpt enrol - Sp signed
03/24    Pres signed - To Governor
03/30    Governor signed
         Session Law Chapter 219
         Effective: 07/01/06; 07/01/11 Sunset Clause

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 497
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE SALES AND USE TAX; AMENDING CHAPTER 36, TITLE 63, IDAHO  CODE,
  3        BY THE ADDITION OF A NEW SECTION 63-3622TT, IDAHO CODE, TO PROVIDE A SALES
  4        AND USE TAX REBATE FOR THE SALES OR USE OF TANGIBLE PERSONAL PROPERTY USED
  5        DIRECTLY  BY  A  MEDIA  PRODUCTION COMPANY IN MEDIA PRODUCTION, TO PROVIDE
  6        PROCEDURES, TO DEFINE TERMS, TO PROVIDE QUALIFICATION REQUIREMENTS AND  TO
  7        PROVIDE FOR RECAPTURE; AND PROVIDING A SUNSET DATE.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Chapter  36,  Title 63, Idaho Code, be, and the same is
 10    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 11    ignated as Section 63-3622TT, Idaho Code, and to read as follows:
                                                                        
 12        63-3622TT.  MEDIA  PRODUCTION TAX REBATE. (1) An eligible media production
 13    company which purchases tangible personal property used directly  in  a  media
 14    production      and  which  makes qualifying media production expenditures may
 15    qualify for a rebate of sales or use taxes paid on such purchases if the  pur-
 16    chaser develops, with such tangible personal property or qualifying media pro-
 17    duction  expenditures  in Idaho, the production in Idaho of a media production
 18    and if the purchase or use of such tangible personal property  is  subject  to
 19    the sales and use tax. To be eligible for the rebate pursuant to this section,
 20    a  media  production  company  shall  submit to the department of commerce and
 21    labor information required by the director of the department of  commerce  and
 22    labor  to  demonstrate  conformity  with  the requirements of this section and
 23    shall have expended or will expend a minimum of two hundred  thousand  dollars
 24    ($200,000)  on qualifying media production expenses in Idaho within a consecu-
 25    tive thirty-six (36) month period. Application for the rebate  shall  be  made
 26    within  thirty-six  (36)  months of the expenditure qualifying for the rebate.
 27    The department of commerce and labor shall determine eligibility of  the  com-
 28    pany and shall report this information to the state tax commission in a manner
 29    and at a time upon which the department of commerce and labor and the tax com-
 30    mission  shall agree. The department of commerce may charge an application fee
 31    not in excess of five hundred dollars ($500) for a media production  company's
 32    application to be qualified for the sales tax rebate pursuant to this section
 33        (2)  To  receive the rebate pursuant to this section, the media production
 34    company shall apply to the state tax commission on forms and in the manner the
 35    commission requires. The application shall  include  a  certification  of  the
 36    amount  of expenditures made in Idaho with respect to the purchase of tangible
 37    personal property  by the media production company  by  the  director  of  the
 38    department  of commerce and labor or the director's designee. The rebate shall
 39    be paid within sixty (60) days from the date the  tax  commission  receives  a
 40    qualified  application.  If  the  rebate  is  not paid within that period, the
 41    amount owed to the taxpayer shall accrue interest at the rate provided in sec-
 42    tion 63-3045, Idaho Code.
 43        (3)  As used in this section:
                                                                        
                                           2
                                                                        
  1        (a)  "Media production" is defined as the production of programs through a
  2        variety of techniques and media including, but not limited to, live action
  3        camera work, animation, computer-generated imagery or other recorded  work
  4        during  the  process of preproduction, production and postproduction, that
  5        are intended to be exhibited in theaters, licensed for exhibition on tele-
  6        vision or cable stations or networks, licensed for or produced for sale or
  7        rental to home or commercial  viewing  markets  or  a  future  viewing  or
  8        listening  medium.  Products of media production include, but are not lim-
  9        ited to, feature films, videos, television series or movies, television or
 10        theatrical commercials, industrials and education programs or shows, video
 11        or computer games, and documentaries, but shall not include production  of
 12        news and athletic event programming, family or personal productions, film-
 13        ing  of live staged events to which tickets are sold or any material of an
 14        indecent or obscene nature as provided in  chapter  41,  title  18,  Idaho
 15        Code.  "Media  production"  includes  "preproduction,"  "production,"  and
 16        "postproduction."
 17        (b)  "Postproduction"  means  the final stage in a media  production after
 18        principal photography, including editing,  the  addition  of  sound/visual
 19        effects and  musical scoring, mixing and dubbing and distributing.
 20        (c)  "Preproduction"  means the planning stage in a media production after
 21        the project is financed and before principal photography or actual  shoot-
 22        ing  commences, including script treatment and editing/rewriting, schedul-
 23        ing, set design and construction, casting, budgeting and  financial  plan-
 24        ning, and scouting or selection of locations.
 25        (d)  "Production"  means the general process of putting a media production
 26        together, including casting, set construction, principal  photography  and
 27        shooting.
 28        (e)  "Qualifying  media production expenditures" in Idaho includes, but is
 29        not limited to, wages from eleven dollars ($11.00) per hour to one hundred
 30        twenty-five dollars ($125) per hour, fringe benefits, commissions or  fees
 31        and  per  diem  expenses  for  labor paid in Idaho; contract labor paid in
 32        Idaho; equipment rentals and purchases  during  preproduction,  production
 33        and  postproduction such as grip, lighting, editing, camera, communication
 34        and computers; film, videotape stock or digital recording medium and proc-
 35        essing and transfer costs; expendables  such  as  gaffer's  tape  or  gel;
 36        wardrobe and costuming; makeup and hairdressing supplies; set construction
 37        and set decoration materials, prop rentals and purchases, including lumber
 38        and  construction materials, tools and equipment; stage, location site and
 39        office space rentals, equipment and expendables; vehicle, truck, boat  and
 40        aircraft  rentals, leases and purchases; food purchased for cast and crew;
 41        airfare or other travel purchased through an Idaho  based  travel  agency;
 42        insurance  and  completion  bond coverage purchased through an Idaho based
 43        agency; lodging expenses for hotels, motels, apartments and houses;  motor
 44        vehicle  expenses,  including  gas, oil, servicing and reimbursed mileage;
 45        laundry and dry cleaning; and shipping services.
 46        (4)  Any rebate paid shall be subject to recapture by  the  commission  at
 47    one  hundred  percent  (100%) in the event that the tax incentive criteria are
 48    not met at the project site during the project period or in the event that the
 49    media production company did not otherwise qualify. Any recapture  amount  due
 50    under  this  section  shall be a deficiency in tax for the period in which the
 51    disqualification first occurs for purposes of section 63-3629, Idaho Code, and
 52    may be enforced and collected in the manner provided by the  Idaho  sales  tax
 53    act  in  which  the  disqualification  first  occurs  for  purposes of section
 54    63-3629, Idaho Code, and may be enforced and collected in the manner  provided
 55    by the Idaho sales tax act.
                                                                        
                                           3
                                                                        
  1        SECTION  2.  The  provisions  of   this  act shall be null, void and of no
  2    force and effect on and after July 1, 2013.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved by    Langhorst           
                                                                        
                                                     Seconded by Corder              
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENTS TO H.B. NO. 497
                                                                        
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 12, following "PRODUCTION"  insert:
  3    "PROJECT";  in  line 14, following "production" insert: "project"; in line 17,
  4    following "duction" insert: "project",  and also in line 17, following  "media
  5    production"  insert:  "project";  in  line  24, following "production" insert:
  6    "project"; in line 25, following "period" insert: "for each  media  production
  7    project"; and in line 30, following "commerce" insert: "and labor".
  8        On page 2 delete lines 1 and 2 and insert:
  9        "(a)  "Media  production project" is defined as the production of a single
 10        project through a variety of techniques and media including live action";
 11    delete lines 8 through 10 and insert: "listening medium. Products of  a  media
 12    production project include feature films, videos, television series or movies,
 13    industrials  and  education  programs  or shows, video"; in line 12, following
 14    "programming," insert: "political  advertisements,";  in  line  15,  following
 15    "Media  production"  insert:  "project";  in  line 17, following  "production"
 16    insert: "project"; in line 20, following "production"  insert:  "project";  in
 17    line  25,  following "production" insert: "project"; and in line 28, following
 18    "production" insert: "project".
                                                                        
 19                                AMENDMENT TO SECTION 2
 20        On page 3, delete line 2 and insert: "force and effect on and  after  July
 21    1, 2011. By January 2 of each year, the Department of Commerce and Labor shall
 22    provide  an annual report of the results of all media production projects that
 23    have applied to participate in the media production project  tax  rebate  con-
 24    tained  in  Section  63-3622TT,  Idaho  Code, to the Governor and the Legisla-
 25    ture.".
                                                                        
 26                                 CORRECTION TO TITLE
 27        On page 1, in line 5, delete "IN MEDIA PRODUCTION" and insert: "IN A MEDIA
 28    PRODUCTION PROJECT"; and in line 7, delete "AND" and also in line 7, following
 29    "DATE" insert: "AND TO PROVIDE FOR AN ANNUAL REPORT".

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


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                        HOUSE BILL NO. 497, As Amended in the Senate
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE SALES AND USE TAX; AMENDING CHAPTER 36, TITLE 63, IDAHO  CODE,
  3        BY THE ADDITION OF A NEW SECTION 63-3622TT, IDAHO CODE, TO PROVIDE A SALES
  4        AND USE TAX REBATE FOR THE SALES OR USE OF TANGIBLE PERSONAL PROPERTY USED
  5        DIRECTLY  BY  A MEDIA PRODUCTION COMPANY IN A MEDIA PRODUCTION PROJECT, TO
  6        PROVIDE PROCEDURES, TO DEFINE TERMS, TO PROVIDE QUALIFICATION REQUIREMENTS
  7        AND TO PROVIDE FOR RECAPTURE; PROVIDING A SUNSET DATE AND TO  PROVIDE  FOR
  8        AN ANNUAL REPORT.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Chapter  36,  Title 63, Idaho Code, be, and the same is
 11    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 12    ignated as Section 63-3622TT, Idaho Code, and to read as follows:
                                                                        
 13        63-3622TT.  MEDIA  PRODUCTION  PROJECT  TAX  REBATE. (1) An eligible media
 14    production company which purchases tangible personal property used directly in
 15    a media production  project and which makes qualifying media production expen-
 16    ditures may qualify for a rebate of sales or use taxes paid on such  purchases
 17    if  the purchaser develops, with such tangible personal property or qualifying
 18    media production project expenditures in Idaho, the production in Idaho  of  a
 19    media  production project and if the purchase or use of such tangible personal
 20    property is subject to the sales and use tax. To be eligible  for  the  rebate
 21    pursuant  to  this  section,  a  media  production company shall submit to the
 22    department of commerce and labor information required by the director  of  the
 23    department  of  commerce and labor to demonstrate conformity with the require-
 24    ments of this section and shall have expended or will expend a minimum of  two
 25    hundred  thousand  dollars  ($200,000)  on qualifying media production project
 26    expenses in Idaho within a consecutive thirty-six (36) month period  for  each
 27    media  production  project.  Application  for  the rebate shall be made within
 28    thirty-six (36) months of the  expenditure  qualifying  for  the  rebate.  The
 29    department  of  commerce  and labor shall determine eligibility of the company
 30    and shall report this information to the state tax commission in a manner  and
 31    at  a time upon which the department of commerce and labor and the tax commis-
 32    sion shall agree. The department of commerce and labor may charge an  applica-
 33    tion  fee  not in excess of five hundred dollars ($500) for a media production
 34    company's application to be qualified for the sales  tax  rebate  pursuant  to
 35    this section
 36        (2)  To  receive the rebate pursuant to this section, the media production
 37    company shall apply to the state tax commission on forms and in the manner the
 38    commission requires. The application shall  include  a  certification  of  the
 39    amount  of expenditures made in Idaho with respect to the purchase of tangible
 40    personal property  by the media production company  by  the  director  of  the
 41    department  of commerce and labor or the director's designee. The rebate shall
 42    be paid within sixty (60) days from the date the  tax  commission  receives  a
 43    qualified  application.  If  the  rebate  is  not paid within that period, the
                                                                        
                                           2
                                                                        
  1    amount owed to the taxpayer shall accrue interest at the rate provided in sec-
  2    tion 63-3045, Idaho Code.
  3        (3)  As used in this section:
  4        (a)  "Media production project" is defined as the production of  a  single
  5        project  through  a  variety of techniques and media including live action
  6        camera work, animation, computer-generated imagery or other recorded  work
  7        during  the  process of preproduction, production and postproduction, that
  8        are intended to be exhibited in theaters, licensed for exhibition on tele-
  9        vision or cable stations or networks, licensed for or produced for sale or
 10        rental to home or commercial  viewing  markets  or  a  future  viewing  or
 11        listening  medium.  Products of a media production project include feature
 12        films, videos, television series or movies, industrials and education pro-
 13        grams or shows, video or computer games, and documentaries, but shall  not
 14        include  production  of  news  and  athletic  event programming, political
 15        advertisements, family or personal productions,  filming  of  live  staged
 16        events to which tickets are sold or any material of an indecent or obscene
 17        nature  as provided in chapter 41, title 18, Idaho Code. "Media production
 18        project" includes "preproduction," "production," and "postproduction."
 19        (b)  "Postproduction" means the final stage in a media production  project
 20        after   principal   photography,   including   editing,  the  addition  of
 21        sound/visual effects and  musical scoring, mixing and dubbing and distrib-
 22        uting.
 23        (c)  "Preproduction" means the planning stage in a media production  proj-
 24        ect  after  the  project  is  financed and before principal photography or
 25        actual   shooting    commences,    including    script    treatment    and
 26        editing/rewriting,  scheduling, set design and construction, casting, bud-
 27        geting and financial planning, and scouting or selection of locations.
 28        (d)  "Production" means the general process of putting a media  production
 29        project together, including casting, set construction, principal photogra-
 30        phy and shooting.
 31        (e)  "Qualifying media production project expenditures" in Idaho includes,
 32        but  is not limited to, wages from eleven dollars ($11.00) per hour to one
 33        hundred twenty-five dollars ($125) per hour, fringe benefits,  commissions
 34        or fees and per diem expenses for labor paid in Idaho; contract labor paid
 35        in Idaho; equipment rentals and purchases during preproduction, production
 36        and  postproduction such as grip, lighting, editing, camera, communication
 37        and computers; film, videotape stock or digital recording medium and proc-
 38        essing and transfer costs; expendables  such  as  gaffer's  tape  or  gel;
 39        wardrobe and costuming; makeup and hairdressing supplies; set construction
 40        and set decoration materials, prop rentals and purchases, including lumber
 41        and  construction materials, tools and equipment; stage, location site and
 42        office space rentals, equipment and expendables; vehicle, truck, boat  and
 43        aircraft  rentals, leases and purchases; food purchased for cast and crew;
 44        airfare or other travel purchased through an Idaho  based  travel  agency;
 45        insurance  and  completion  bond coverage purchased through an Idaho based
 46        agency; lodging expenses for hotels, motels, apartments and houses;  motor
 47        vehicle  expenses,  including  gas, oil, servicing and reimbursed mileage;
 48        laundry and dry cleaning; and shipping services.
 49        (4)  Any rebate paid shall be subject to recapture by  the  commission  at
 50    one  hundred  percent  (100%) in the event that the tax incentive criteria are
 51    not met at the project site during the project period or in the event that the
 52    media production company did not otherwise qualify. Any recapture  amount  due
 53    under  this  section  shall be a deficiency in tax for the period in which the
 54    disqualification first occurs for purposes of section 63-3629, Idaho Code, and
 55    may be enforced and collected in the manner provided by the  Idaho  sales  tax
                                                                        
                                           3
                                                                        
  1    act  in  which  the  disqualification  first  occurs  for  purposes of section
  2    63-3629, Idaho Code, and may be enforced and collected in the manner  provided
  3    by the Idaho sales tax act.
                                                                        
  4        SECTION  2.  The  provisions  of   this  act shall be null, void and of no
  5    force and effect on and after July 1, 2011. By January 2  of  each  year,  the
  6    Department of Commerce and Labor shall provide an annual report of the results
  7    of all media production projects that have applied to participate in the media
  8    production  project  tax rebate contained in Section 63-3622TT, Idaho Code, to
  9    the Governor and the Legislature.

Statement of Purpose / Fiscal Impact


                         STATEMENT OF PURPOSE

                               RS 15605
                                
This legislation provides a rebate of sales taxes paid on qualifying
expenses when a minimum of $200,000 is spent on a film and media
production project in Idaho over 36 months. This rebate will sunset in
2013.

                              Fiscal Note
                                    
                                
No impact to the general fund for FY 2007. The potential loss of
revenue in the future of $50,000 a year, assuming that there were two
new productions annually that average $2.5 million in qualified
expenditures per year. The industry estimates 20 percent of production
budgets go to taxable purchases.



CONTACT
Name: Roger Madsen, Idaho Commerce & Labor
Phone: 208-332-3570


STATEMENT OF PURPOSE/FISCAL NOTE                               H497