2007 Legislation
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HOUSE BILL NO. 83 – Food, sales tax, 3%

HOUSE BILL NO. 83

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H0083...............................................by REVENUE AND TAXATION
SALES TAX - FOOD - Amends, adds to and repeals existing law to delete the
grocery tax credit; and to provide that food will be taxed at the rate of
3%.
                                                                        
01/31    House intro - 1st rdg - to printing
02/01    Rpt prt - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 83
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TAXATION; REPEALING SECTION 63-3024A, IDAHO CODE, RELATING TO  THE
  3        GROCERY  TAX  CREDIT;  AMENDING  CHAPTER  36, TITLE 63, IDAHO CODE, BY THE
  4        ADDITION OF A NEW SECTION 63-3622UU, IDAHO CODE, TO EXEMPT FOOD FOR  HUMAN
  5        CONSUMPTION FROM THE SALES AND USE TAX, WITH EXCEPTIONS;  AMENDING SECTION
  6        63-3619,  IDAHO  CODE, TO REDUCE THE RATE OF THE SALES TAX ON THE SALES OF
  7        FOOD AND FOOD INGREDIENTS; AMENDING SECTION 63-3621, IDAHO CODE, TO REDUCE
  8        THE RATE OF THE USE TAX ON THE SALES OF FOOD AND FOOD INGREDIENTS;  AMEND-
  9        ING  SECTION  63-3638, IDAHO CODE, TO REVISE THE REVENUE SHARING DISTRIBU-
 10        TION; DECLARING AN EMERGENCY, PROVIDING RETROACTIVE APPLICATION  AND  PRO-
 11        VIDING EFFECTIVE DATES.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That Section 63-3024A, Idaho Code, be, and the same is hereby
 14    repealed.
                                                                        
 15        SECTION 2.  That Chapter 36, Title 63, Idaho Code, be,  and  the  same  is
 16    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 17    ignated as Section 63-3622UU, Idaho Code, and to read as follows:
                                                                        
 18        63-3622UU.  EXEMPTIONS -- SALES OF FOOD AND FOOD INGREDIENTS. (1) For  the
 19    purpose  of  the  tax  levied  and  assessed  pursuant to sections 63-3619 and
 20    63-3621, Idaho Code, "food and food ingredients" means substances, whether  in
 21    liquid,  concentrated,  solid, frozen, dried or dehydrated form, that are sold
 22    for ingestion or chewing by humans and are consumed for their taste or  nutri-
 23    tional value. "Food and food ingredients" does not include:
 24        (a)  "Alcoholic  beverages,"  which  means beverages that are suitable for
 25        human consumption and contain one-half of one percent  (.5%)  or  more  of
 26        alcohol by volume; and
 27        (b)  "Tobacco,"  which  means cigarettes, cigars, chewing or pipe tobacco,
 28        or any other item that contains tobacco; and
 29        (c)  "Candy," which means a rich sweet  confection  made  with  sugar  and
 30        often flavored or combined with chocolate, fruits or nuts.
 31        (2)  The  exemption of "food and food ingredients" provided for in subsec-
 32    tion (1) of this section shall not apply to prepared  food,  soft  drinks,  or
 33    dietary supplements.
 34        (a)  "Prepared food" means:
 35             (i)   Food  sold  in  a heated state or heated by the seller and such
 36             items meet the definition of food;
 37             (ii)  Food sold with eating utensils provided by the seller,  includ-
 38             ing  plates, knives, forks, spoons, glasses, cups, napkins or straws.
 39             A plate does not include a container or packaging used  to  transport
 40             the food; or
 41             (iii) Two  (2)  or  more  food  ingredients  mixed or combined by the
 42             seller for sale as a single item, except:
                                                                        
                                       2
                                                                        
  1                  1.  Food that is only cut,  repackaged  or  pasteurized  by  the
  2                  seller; or
  3                  2.  Raw eggs, fish, meat, poultry and foods containing these raw
  4                  animal foods requiring cooking by the consumer as recommended by
  5                  the  federal  food  and  drug  administration in chapter 3, part
  6                  401.11 of "The Food Code," published by the food and drug admin-
  7                  istration,  as amended or renumbered as of 2005, so as  to  pre-
  8                  vent foodborne illness.
  9        (b)  "Prepared  food" does not include the following food or food ingredi-
 10        ents, if the food or food ingredients are  sold  without  eating  utensils
 11        provided by the seller:
 12             (i)   Food  sold  by  a  seller  whose  proper primary North American
 13             industry classification system (NAICS) classification is  manufactur-
 14             ing  in  sector 311, except subsector 3118 (bakeries), as provided in
 15             the "North American Industry Classification System -- United  States,
 16             2002";
 17             (ii)  Food  sold in an unheated state by weight or volume as a single
 18             item; or
 19             (iii) Bakery items. The term "bakery items"  includes  bread,  rolls,
 20             buns,  biscuits, bagels, croissants, pastries, donuts, danish, cakes,
 21             tortes, pies, tarts, muffins, bars, cookies or tortillas.
 22        (c)  "Soft drinks" means nonalcoholic beverages that  contain  natural  or
 23        artificial  sweeteners. Soft drinks do not include beverages that contain:
 24        milk or milk products; soy, rice or similar milk substitutes;  or  greater
 25        than fifty percent (50%) of vegetable or fruit juice by volume.
 26        (d)  "Dietary  supplement" means any product, other than tobacco, intended
 27        to supplement the diet that:
 28             (i)   Contains one (1) or more of the following dietary ingredients:
 29                  1.  A vitamin;
 30                  2.  A mineral;
 31                  3.  An herb or other botanical;
 32                  4.  An amino acid;
 33                  5.  A dietary substance for use by humans to supplement the diet
 34                  by increasing the total dietary intake; or
 35                  6.  A concentrate, metabolite, constituent, extract or  combina-
 36                  tion of any ingredient described in this subsection;
 37             (ii)  Is  intended for ingestion in tablet, capsule, powder, softgel,
 38             gelcap, or liquid form, or if not  intended  for  ingestion  in  such
 39             form,  is not represented as conventional food and is not represented
 40             for use as a sole item of a meal or of the diet; and
 41             (iii) Is required to be labeled as a dietary supplement, identifiable
 42             by the "supplement facts" box found on the label as required pursuant
 43             to 21 C.F.R. sec. 101.36.
 44        (3)  Notwithstanding anything in this section to the contrary, the  exemp-
 45    tion  of  "food  and food ingredients" provided in this section shall apply to
 46    food and food ingredients that are furnished, prepared or served as meals:
 47        (a)  Under a state administered nutrition program for the aged as provided
 48        for in the older Americans act (P.L. 95-478, title III); or
 49        (b)  That are provided to senior citizens, disabled persons or  low-income
 50        persons by a not-for-profit organization.
 51        (4)  Subsection  (1)  of  this section notwithstanding, the retail sale of
 52        food and food ingredients is subject to sales tax under  this  chapter  at
 53        the  six  percent  (6%)  rate  if  the  food and food ingredients are sold
 54        through a vending machine.
                                                                        
                                       3
                                                                        
  1
  2        SECTION 3.  That Section 63-3619, Idaho Code, be, and the same  is  hereby
  3    amended to read as follows:
                                                                        
  4        63-3619.  IMPOSITION  AND  RATE  OF THE SALES TAX. An excise tax is hereby
  5    imposed upon each sale at retail at the rate of six percent (6%) of the  sales
  6    price  of  all  retail  sales subject to taxation under this chapter, with the
  7    exception of food and food ingredients as defined in section 63-3622UU,  Idaho
  8    Code,  which  shall be taxed at three percent (3%) of the sales price and such
  9    amount shall be computed monthly on all sales at retail within  the  preceding
 10    month.
 11        (a)  The tax shall apply to, be computed on, and collected for all credit,
 12    installment,  conditional  or similar sales at the time of the sale or, in the
 13    case of rentals, at the time the rental is charged.
 14        (b)  The tax hereby imposed shall be collected by the  retailer  from  the
 15    consumer.
 16        (c)  The  state  tax  commission shall provide schedules for collection of
 17    the tax on sales which involve a fraction of a dollar. The retailer shall cal-
 18    culate the tax upon the entire amount of the purchases of the consumer made at
 19    a particular time and not separately upon each item  purchased.  The  retailer
 20    may  retain  any amount collected under the bracket system prescribed which is
 21    in excess of the amount of tax for which he is liable to the state during  the
 22    period as compensation for the work of collecting the tax.
 23        (d)  It  is unlawful for any retailer to advertise or hold out or state to
 24    the public or to any customer, directly or indirectly, that  the  tax  or  any
 25    part  thereof  will be assumed or absorbed by the retailer or that it will not
 26    be added to the selling price of the property sold or that if added it or  any
 27    part thereof will be refunded. Any person violating any provision of this sec-
 28    tion is guilty of a misdemeanor.
 29        (e)  The  tax  commission may by rule provide that the amount collected by
 30    the retailer from the customer in reimbursement of the tax be displayed  sepa-
 31    rately  from  the list price, the price advertised on the premises, the marked
 32    price, or other price on the sales slip or other proof of sale.
 33        (f)  The taxes imposed by this chapter shall apply to the  sales  to  con-
 34    tractors  purchasing  for  use in the performance of contracts with the United
 35    States.
                                                                        
 36        SECTION 4.  That Section 63-3621, Idaho Code, be, and the same  is  hereby
 37    amended to read as follows:
                                                                        
 38        63-3621.  IMPOSITION  AND RATE OF THE USE TAX -- EXEMPTIONS. An excise tax
 39    is hereby imposed on the storage, use, or other consumption in this  state  of
 40    tangible  personal property acquired on or after October 1, 2006, for storage,
 41    use, or other consumption in this state at the rate of six percent (6%) of the
 42    value of the property, with the exception of  food  and  food  ingredients  as
 43    defined  in  section 63-3622UU, Idaho Code, which shall be taxed at three per-
 44    cent (3%) of the sales price, and a recent sales price  shall  be  presumptive
 45    evidence of the value of the property unless the property is wireless telecom-
 46    munications  equipment, in which case a recent sales price shall be conclusive
 47    evidence of the value of the property.
 48        (a)  Every person storing, using, or otherwise consuming, in  this  state,
 49    tangible  personal property is liable for the tax. His liability is not extin-
 50    guished until the tax has been paid to this state except that a receipt from a
 51    retailer maintaining a place of business in this state or engaged in  business
 52    in  this  state  given to the purchaser is sufficient to relieve the purchaser
                                                                        
                                       4
                                                                        
  1    from further liability for the tax to which the  receipt  refers.  A  retailer
  2    shall not be considered to have stored, used or consumed wireless telecommuni-
  3    cations  equipment by virtue of giving, selling or otherwise transferring such
  4    equipment at a discount as an inducement to a consumer  to  commence  or  con-
  5    tinue a contract for telecommunications service.
  6        (b)  Every retailer engaged in business in this state, and making sales of
  7    tangible  personal property for the storage, use, or other consumption in this
  8    state, not exempted under section 63-3622, Idaho Code, shall, at the  time  of
  9    making the sales or, if storage, use or other consumption of the tangible per-
 10    sonal  property is not then taxable hereunder, at the time the storage, use or
 11    other consumption becomes taxable, collect the tax from the purchaser and give
 12    to the purchaser a receipt therefor in the manner and form prescribed  by  the
 13    state tax commission.
 14        (c)  The provisions of this section shall not apply when the retailer pays
 15    sales  tax  on  the  transaction and collects reimbursement for such sales tax
 16    from the customer.
 17        (d)  Every retailer engaged in business in this  state  or  maintaining  a
 18    place  of  business in this state shall register with the state tax commission
 19    and give the name and address of all agents operating in this state, the loca-
 20    tion of all distributions or sales houses or offices or other places of  busi-
 21    ness in this state, and such other information as the state tax commission may
 22    require.
 23        (e)  For  the purpose of the proper administration of this act and to pre-
 24    vent evasion of the use tax and the duty to collect the use tax, it  shall  be
 25    presumed  that  tangible  personal property sold by any person for delivery in
 26    this state is sold for storage, use, or other consumption in this  state.  The
 27    burden of proving the sale is tax exempt is upon the person who makes the sale
 28    unless  he  obtains from the purchaser a resale certificate to the effect that
 29    the property is purchased for resale or rental.  It  shall  be  presumed  that
 30    sales made to a person who has completed a resale certificate for the seller's
 31    records  are  not  taxable  and the seller need not collect sales or use taxes
 32    unless the tangible personal property purchased is taxable to the purchaser as
 33    a matter of law in the particular instance claimed on the resale certificate.
 34        A seller may accept a resale certificate from a  purchaser  prior  to  the
 35    time  of  sale,  at the time of sale, or at any reasonable time after the sale
 36    when necessary to establish the privilege of the exemption. The resale certif-
 37    icate relieves the person selling the property from the burden of  proof  only
 38    if  taken  from  a person who is engaged in the business of selling or renting
 39    tangible personal property and who holds the permit provided  for  by  section
 40    63-3620,  Idaho  Code,  or  who  is a retailer not engaged in business in this
 41    state, and who, at the time of  purchasing  the  tangible  personal  property,
 42    intends  to  sell or rent it in the regular course of business or is unable to
 43    ascertain at the time of purchase whether the property will be sold or will be
 44    used for some other purpose. Other than as provided elsewhere in this section,
 45    when a resale certificate, properly executed, is presented to the seller,  the
 46    seller  has  no  duty or obligation to collect sales or use taxes in regard to
 47    any sales transaction so documented regardless of whether the purchaser  prop-
 48    erly  or  improperly claimed an exemption. A seller so relieved of the obliga-
 49    tion to collect tax is also relieved of any liability  to  the  purchaser  for
 50    failure  to  collect tax or for making any report or disclosure of information
 51    required or permitted under this chapter.
 52        The resale certificate shall bear the name and address of  the  purchaser,
 53    shall  be  signed  by the purchaser or his agent, shall indicate the number of
 54    the permit issued to the purchaser, or that the purchaser is  an  out-of-state
 55    retailer,  and  shall  indicate the general character of the tangible personal
                                                                        
                                       5
                                                                        
  1    property sold by the purchaser in the regular course of business. The certifi-
  2    cate shall be substantially in such form as the state tax commission may  pre-
  3    scribe.
  4        (f)  If  a  purchaser  who gives a resale certificate makes any storage or
  5    use of the property other than retention, demonstration or display while hold-
  6    ing it for sale in the regular course of business, the storage or use is  tax-
  7    able as of the time the property is first so stored or used.
  8        (g)  Any  person  violating  any  provision of this section is guilty of a
  9    misdemeanor  and punishable by a fine not in excess  of  one  hundred  dollars
 10    ($100), and each violation shall constitute a separate offense.
 11        (h)  It  shall  be  presumed  that  tangible  personal property shipped or
 12    brought to this state by the purchaser was  purchased  from  a  retailer,  for
 13    storage, use or other consumption in this state.
 14        (i)  It  shall  be presumed that tangible personal property delivered out-
 15    side this state to a purchaser known by the retailer to be a resident of  this
 16    state  was purchased from a retailer for storage, use, or other consumption in
 17    this state. This presumption may be controverted by evidence  satisfactory  to
 18    the state tax commission that the property was not purchased for storage, use,
 19    or other consumption in this state.
 20        (j)  When  the tangible personal property subject to use tax has been sub-
 21    jected to a general retail sales or use tax by another  state  of  the  United
 22    States  in an amount equal to or greater than the amount of the Idaho tax, and
 23    evidence can be given of such payment, the property will  not  be  subject  to
 24    Idaho  use tax. If the amount paid the other state was less, the property will
 25    be subject to use tax to the extent that the Idaho tax exceeds the tax paid to
 26    the other state. For the purposes of this subsection, a registration  certifi-
 27    cate  or title issued by another state or subdivision thereof for a vehicle or
 28    trailer or a vessel as defined in section 67-7003, Idaho Code, shall be suffi-
 29    cient evidence of payment of a general retail sales or use tax.
 30        (k)  The use tax herein imposed shall not apply to the use by  a  nonresi-
 31    dent  of  this  state of a motor vehicle which is registered or licensed under
 32    the laws of the state of his residence and is not used in this state more than
 33    a cumulative period of time totaling  ninety  (90)  days  in  any  consecutive
 34    twelve  (12)  months,  and  which is not required to be registered or licensed
 35    under the laws of this state.
 36        (l)  The use tax herein imposed shall not apply to the  use  of  household
 37    goods,  personal  effects and personally owned motor vehicles by a resident of
 38    this state, if such articles were acquired by such  person  in  another  state
 39    while a resident of that state and primarily for use outside this state and if
 40    such  use was actual and substantial, but if an article was acquired less than
 41    three (3) months prior to the time he entered this state, it will be  presumed
 42    that  the  article was acquired for use in this state and that its use outside
 43    this state was not actual and substantial. For purposes  of  this  subsection,
 44    "resident" shall be as defined in section 63-3013 or 63-3013A, Idaho Code.
 45        (m)  The  use  tax  herein  imposed shall not apply to the storage, use or
 46    other consumption of tangible personal property which is or will  be  incorpo-
 47    rated  into  real  property  and  which has been donated to and has become the
 48    property of:
 49        (1)  A nonprofit organization as defined in section 63-3622O, Idaho  Code;
 50        or
 51        (2)  The state of Idaho; or
 52        (3)  Any political subdivision of the state.
 53    This  exemption applies whether the tangible personal property is incorporated
 54    in real property by the donee, a contractor or subcontractor of the donee,  or
 55    any other person.
                                                                        
                                       6
                                                                        
  1        SECTION  5.  That  Section 63-3638, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        63-3638.  SALES TAX -- DISTRIBUTION. All moneys collected under this chap-
  4    ter, except as may otherwise be required  in  sections  63-3203  and  63-3709,
  5    Idaho Code, shall be distributed by the tax commission as follows:
  6        (1)  An  amount  of money shall be distributed to the state refund account
  7    sufficient to pay current refund claims. All  refunds  authorized  under  this
  8    chapter  by the commission shall be paid through the state refund account, and
  9    those moneys are continuously appropriated.
 10        (2)  Five million dollars ($5,000,000) per year is continuously  appropri-
 11    ated and shall be distributed to the permanent building fund, provided by sec-
 12    tion 57-1108, Idaho Code.
 13        (3)  Four  million eight hundred thousand dollars ($4,800,000) per year is
 14    continuously appropriated and shall be distributed to the water pollution con-
 15    trol account established by section 39-3605, Idaho Code.
 16        (4)  An amount equal to the sum required to be certified by  the  chairman
 17    of  the Idaho housing and finance association to the state tax commission pur-
 18    suant to section 67-6211, Idaho Code, in each year is  continuously  appropri-
 19    ated  and  shall be paid to any capital reserve fund, established by the Idaho
 20    housing and finance association pursuant to section 67-6211, Idaho Code.  Such
 21    amounts,  if any, as may be appropriated hereunder to the capital reserve fund
 22    of the Idaho housing and finance association shall be repaid for  distribution
 23    under  the  provisions  of  this section, subject to the provisions of section
 24    67-6215, Idaho Code, by the Idaho housing and finance association, as soon  as
 25    possible,  from  any  moneys  available  therefor and in excess of the amounts
 26    which the association determines will keep it self-supporting.
 27        (5)  An amount equal to the sum required by  the  provisions  of  sections
 28    63-709  and 63-717, Idaho Code, after allowance for the amount appropriated by
 29    section  63-718(3), Idaho Code, is continuously appropriated and shall be paid
 30    as provided by sections 63-709 and 63-717, Idaho Code.
 31        (6)  An amount required by the provisions of chapter 53, title  33,  Idaho
 32    Code.
 33        (7)  An  amount  required by the provisions of chapter 87, title 67, Idaho
 34    Code.
 35        (8)  One dollar ($1.00) on each application for certificate  of  title  or
 36    initial  application  for  registration  of  a motor vehicle, snowmobile, all-
 37    terrain vehicle or other vehicle processed by the county assessor or the Idaho
 38    transportation department excepting those applications in which any  sales  or
 39    use taxes due have been previously collected by a retailer, shall be a fee for
 40    the services of the assessor of the county or the Idaho transportation depart-
 41    ment in collecting such taxes, and shall be paid into the current expense fund
 42    of  the  county  or state highway account established in section 40-702, Idaho
 43    Code.
 44        (9)  Eleven and five-tenths  percent  (11.5%)  is  continuously  Beginning
 45    August  1,  2007, twelve and five-tenths percent (12.5%) shall be appropriated
 46    and shall be distributed to the revenue sharing account which  is  created  in
 47    the state treasury, and the moneys in the revenue sharing account will be paid
 48    in installments each calendar quarter by the tax commission as follows:
 49        (a)  Twenty-eight and two-tenths percent (28.2%) shall be paid to the var-
 50        ious cities as follows:
 51             (i)   Fifty percent (50%) of such amount shall be paid to the various
 52             cities,  and  each city shall be entitled to an amount in the propor-
 53             tion that the population of that city bears to the population of  all
 54             cities within the state; and
                                                                        
                                       7
                                                                        
  1             (ii)  Fifty percent (50%) of such amount shall be paid to the various
  2             cities,  and  each city shall be entitled to an amount in the propor-
  3             tion that the preceding year's market value for  assessment  purposes
  4             for  that city bears to the preceding year's market value for assess-
  5             ment purposes for all cities within the state.
  6        (b)  Twenty-eight and two-tenths percent (28.2%) shall be paid to the var-
  7        ious counties as follows:
  8             (i)   One million three hundred twenty thousand dollars  ($1,320,000)
  9             annually  shall be distributed one forty-fourth (1/44) to each of the
 10             various counties; and
 11             (ii)  The balance of such amount shall be paid to the  various  coun-
 12             ties,  and  each county shall be entitled to an amount in the propor-
 13             tion that the population of that county bears to  the  population  of
 14             the state;
 15        (c)  Thirty-five  and  nine-tenths percent (35.9%) of the amount appropri-
 16        ated in this subsection (9) shall be paid to the several counties for dis-
 17        tribution to the cities and counties as follows:
 18             (i)   Each city and county which received a payment under the  provi-
 19             sions of section 63-3638(e), Idaho Code, during the fourth quarter of
 20             calendar  year  1999,  shall be entitled to a like amount during suc-
 21             ceeding calendar quarters.
 22             (ii)  If the dollar amount of money available under  this  subsection
 23             (9)(c)  in  any  quarter does not equal the amount paid in the fourth
 24             quarter of calendar year 1999, each city's and county's payment shall
 25             be reduced proportionately.
 26             (iii) If the dollar amount of money available under  this  subsection
 27             (9)(c)  in  any quarter exceeds the amount paid in the fourth quarter
 28             of calendar year 1999, each city and county shall be  entitled  to  a
 29             proportionately increased payment, but such increase shall not exceed
 30             one  hundred  five  percent  (105%)  of the total payment made in the
 31             fourth quarter of calendar year 1999.
 32             (iv)  If the dollar amount of money available under  this  subsection
 33             (9)(c)  in any quarter exceeds one hundred five percent (105%) of the
 34             total payment made in the fourth quarter of calendar year  1999,  any
 35             amount  over  and above such one hundred five percent (105%) shall be
 36             paid fifty percent (50%) to the various cities in the proportion that
 37             the population of the city bears to  the  population  of  all  cities
 38             within  the state, and fifty percent (50%) to the various counties in
 39             the proportion that the population of a county bears to  the  popula-
 40             tion of the state; and
 41        (d)  Seven  and  seven-tenths percent (7.7%) of the amount appropriated in
 42        this subsection (9) shall be paid to the several counties for distribution
 43        to special purpose taxing districts as follows:
 44             (i)   Each such district which received a payment  under  the  provi-
 45             sions of section 63-3638(e), Idaho Code, during the fourth quarter of
 46             calendar  year  1999,  shall be entitled to a like amount during suc-
 47             ceeding calendar quarters.
 48             (ii)  If the dollar amount of money available under  this  subsection
 49             (9)(d)  in  any  quarter does not equal the amount paid in the fourth
 50             quarter of calendar year 1999, each special purpose taxing district's
 51             payment shall be reduced proportionately.
 52             (iii) If the dollar amount of money available under  this  subsection
 53             (9)(d)  in any quarter exceeds the amount distributed under paragraph
 54             (i) of this subsection (9)(d), each special purpose  taxing  district
 55             shall  be  entitled  to a share of the excess based on the proportion
                                                                        
                                       8
                                                                        
  1             each such district's current property tax budget bears to the sum  of
  2             the  current property tax budgets of all such districts in the state.
  3             The state tax commission shall calculate  district  current  property
  4             tax budgets to include any unrecovered foregone amounts as determined
  5             under section 63-802(1)(e), Idaho Code. When a special purpose taxing
  6             district  is situated in more than one (1) county, the tax commission
  7             shall determine the portion attributable to the special purpose  tax-
  8             ing district from each county in which it is situated.
  9             (iv)  If  special  purpose  taxing  districts  are  consolidated, the
 10             resulting district is entitled to a base amount equal to the  sum  of
 11             the  base amounts which were received in the last calendar quarter by
 12             each district prior to the consolidation.
 13             (v)   If  a  special  purpose  taxing  district   is   dissolved   or
 14             disincorporated, the state tax commission shall continuously distrib-
 15             ute  to the board of county commissioners an amount equal to the last
 16             quarter's distribution prior to dissolution or disincorporation.  The
 17             board  of  county commissioners shall determine any redistribution of
 18             moneys so received.
 19             (vi)  Taxing districts formed after January 1, 2001, are not entitled
 20             to a payment under the provisions of this subsection (9)(d).
 21             (vii) For purposes of this subsection (9)(d), a special purpose  tax-
 22             ing  district is any taxing district which is not a city, a county or
 23             a school district.
 24        (10) Amounts calculated in accordance with section 2, chapter 356, laws of
 25    2001, for annual distribution to counties and other taxing districts beginning
 26    in October 2001 for replacement of property tax on farm machinery  and  equip-
 27    ment  exempted  pursuant  to  section 63-602EE, Idaho Code. For nonschool dis-
 28    tricts, the state tax commission shall distribute  one-fourth  (1/4)  of  this
 29    amount certified quarterly to each county. For school districts, the state tax
 30    commission shall distribute one-fourth (1/4) of the amount certified quarterly
 31    to  each  school  district.  For nonschool districts, the county auditor shall
 32    distribute to each district within thirty (30) calendar days from  receipt  of
 33    moneys  from  the  tax commission. Moneys received by each taxing district for
 34    replacement shall be utilized in the same manner and in the  same  proportions
 35    as  revenues  from  property taxation. The moneys remitted to the county trea-
 36    surer for replacement of property exempt from  taxation  pursuant  to  section
 37    63-602EE,  Idaho Code, may be considered by the counties and other taxing dis-
 38    tricts and budgeted at the same time, in the same manner and in the same  year
 39    as  revenues from taxation on personal property which these moneys replace. If
 40    taxing districts are consolidated, the resulting district is  entitled  to  an
 41    amount  equal to the sum of the amounts which were received in the last calen-
 42    dar quarter by each district pursuant to this subsection prior to the consoli-
 43    dation. If a taxing district is dissolved or disincorporated,  the  state  tax
 44    commission  shall continuously distribute to the board of county commissioners
 45    an amount equal to the last quarter's distribution  prior  to  dissolution  or
 46    disincorporation. The board of county commissioners shall determine any redis-
 47    tribution  of moneys so received.  If a taxing district annexes territory, the
 48    distribution of moneys received pursuant to this  subsection  shall  be  unaf-
 49    fected.  Taxing  districts formed after January 1, 2001, are not entitled to a
 50    payment under the  provisions  of  this  subsection.  School  districts  shall
 51    receive  an  amount  determined by multiplying the sum of the year 2000 school
 52    district levy minus .004 times the market value on December 31, 2000,  in  the
 53    district  of  the  property exempt from taxation pursuant to section 63-602EE,
 54    Idaho Code, provided that the result of these calculations shall not  be  less
 55    than  zero (0). The result of these school district calculations shall be fur-
                                                                        
                                       9
                                                                        
  1    ther increased by six percent (6%). For purposes of the limitation provided by
  2    section 63-802, Idaho Code, moneys received pursuant to this section as  prop-
  3    erty  tax  replacement  for  property exempt from taxation pursuant to section
  4    63-602EE, Idaho Code, shall be treated as property tax revenues.
  5        (11) Any moneys remaining over and  above  those  necessary  to  meet  and
  6    reserve for payments under other subsections of this section shall be distrib-
  7    uted to the general fund.
                                                                        
  8        SECTION  6.  An  emergency  existing  therefor,  which emergency is hereby
  9    declared to exist, Section 1 of this act shall be in full force and effect  on
 10    and after its passage and approval, and retroactively to January 1, 2007. Sec-
 11    tions  2,  3  and 4 of this act shall be in full force and effect on and after
 12    July 1, 2007. Section 5 of this act shall be in full force and effect  on  and
 13    after August 1, 2007.

Statement of Purpose / Fiscal Impact


     
                       STATEMENT OF PURPOSE

                             RS 16813

This legislation repeals the current grocery tax credit and
reduces the sales tax on food by 50 percent. Food is defined
according to definitions provided by the streamlined tax
agreement. Idaho is currently one of only a few states taxing
food, and one of five providing a grocery tax credit.       
This legislation is effective July 1, 2007 which will enable
retailers time to extend their equipment from food stamp
definitions to the streamlined tax definitions. 
The counties and cities are held harmless from loss of revenue
sharing.            


                         FISCAL NOTE

The fiscal impact of reducing the sales tax on food to three
percent as well as eliminating the current grocery tax credit is
$90 million to the General Fund. Revenue necessary to mitigate
the impact beginning in fiscal year 2008 is as follows:

  $26 million in captured current grocery tax credit.
  $8.2 million from the Governor's early bond payment. 
  $22 million from the Governor's grocery tax credit proposal.
  $48 million remaining ongoing funds from the Governor's proposed 
  budget. 

This totals to $104.2 million and adequately covers this fiscal note.


CONTACT:
Name:   Representative Jaquet
Phone:  332-1130


STATEMENT OF PURPOSE/FISCAL NOTE                              H 83