View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0250...............................................by REVENUE AND TAXATION SALES AND USE TAX - REBATE - Adds to and amends existing law to provide a sales and use tax rebate for certain developers of certain retail commercial complexes; to provide requirements for the rebate; to provide procedures; and to provide when the rebate is no longer paid. 02/28 House intro - 1st rdg - to printing 03/01 Rpt prt - to Rev/Tax 03/05 Rpt out - rec d/p - to 2nd rdg 03/06 2nd rdg - to 3rd rdg 03/07 3rd rdg - PASSED - 68-1-1 AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker NAYS -- LeFavour Absent and excused -- Bell Floor Sponsor - Nonini Title apvd - to Senate 03/08 Senate intro - 1st rdg - to Loc Gov 03/14 Rpt out - rec d/p - to 2nd rdg 03/15 2nd rdg - to 3rd rdg 03/20 3rd rdg - PASSED - 24-10-1 AYES -- Bair, Bastian, Bilyeu, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Keough, Lodge, McGee, McKague, McKenzie, Pearce, Richardson, Siddoway, Stegner NAYS -- Andreason, Burkett, Coiner, Kelly, Langhorst, Little, Malepeai, Schroeder, Stennett, Werk Absent and excused -- Gannon Floor Sponsor - Hammond Title apvd - to House 03/21 To enrol - Rpt enrol - Sp signed 03/22 Pres signed - To Governor 03/26 Governor signed Session Law Chapter 172 Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 250 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 63-3641, IDAHO CODE, TO PROVIDE A SALES 4 AND USE TAX REBATE TO CERTAIN DEVELOPERS OF CERTAIN RETAIL COMMERCIAL 5 COMPLEXES, TO PROVIDE QUALIFICATIONS, TO PROVIDE PROCEDURES, TO PROVIDE 6 WHEN THE REBATE IS NO LONGER PAID AND TO DEFINE TERMS; AND AMENDING SEC- 7 TION 63-3638, IDAHO CODE, TO PROVIDE FOR DISTRIBUTION OF MONEYS TO CERTAIN 8 DEVELOPERS OF CERTAIN RETAIL COMMERCIAL COMPLEXES WHO HAVE INCURRED CER- 9 TAIN COSTS FOR IMPROVEMENTS. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Chapter 36, Title 63, Idaho Code, be, and the same is 12 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 13 ignated as Section 63-3641, Idaho Code, and to read as follows: 14 63-3641. TANGIBLE PERSONAL PROPERTY SOLD BY CERTAIN RETAILERS. (1) A de- 15 veloper of a retail commercial complex whose stores sell tangible personal 16 property or taxable services and collected sales or use tax from customers at 17 the location of the developer's retail commercial complex may qualify for a 18 rebate of taxes paid on such purchases, but only if the developer of a retail 19 commercial complex whose stores sell tangible personal property or taxable 20 services has built a complex in Idaho that is of a minimum cost as provided in 21 subsection (2) of this section and has incurred costs in excess of eight mil- 22 lion dollars ($8,000,000) for the installation of an interchange from an 23 interstate highway or a highway enumerated in section 40-201, Idaho Code, by 24 the Idaho transportation department or a political subdivision or a contractor 25 of the transportation department or political subdivision and/or freeway 26 interchange improvements on land owned by the state of Idaho or a political 27 subdivision and/or auxiliary lanes necessitated by the design and construction 28 of interchanges. 29 (2) To qualify for the rebate, the developer of a retail commercial com- 30 plex whose stores sell tangible personal property or taxable services shall 31 have those stores collect sales and use taxes on sales of tangible personal 32 property or taxable services from the retail commercial complex. Any improve- 33 ment or alteration to a public highway must be bonded in accordance with the 34 public contracts bond act in chapter 19, title 54, Idaho Code. Once the devel- 35 oper of a retail commercial complex whose stores sell tangible personal prop- 36 erty or taxable services certifies that the retail commercial complex has 37 cost a minimum of four million dollars ($4,000,000) and the developer of a 38 retail commercial complex whose stores sell tangible personal property or 39 taxable services has expended in excess of eight million dollars ($8,000,000) 40 for the installation of an interchange and/or related interchange improvements 41 from an interstate highway by the Idaho transportation department or a politi- 42 cal subdivision or a contractor of the transportation department or political 43 subdivision and/or freeway interchange improvements, the developer may file 2 1 with the state tax commission a refund request of sixty percent (60%) of the 2 sales and use taxes collected for the sale of tangible personal property or 3 taxable services from stores in the retail commercial complex. The refund 4 request shall state that the developer of a retail commercial complex whose 5 stores sell tangible personal property or taxable services has constructed a 6 retail facility that meets the minimum expenditure requirements and also meets 7 the minimum expenditure requirements for an interchange and/or related freeway 8 interchange improvements and/or highway improvements to be eligible for the 9 rebate, and that the developer is entitled to receive a rebate of sixty per- 10 cent (60%) of all sales and use taxes collected by the stores in the retail 11 commercial complex that qualifies for the rebate created by this section. The 12 state tax commission may require that sufficient documentation be provided by 13 the developer of a retail commercial complex whose stores sell tangible per- 14 sonal property or taxable services regarding expenditures and shall require an 15 attestation from the Idaho transportation department or a political subdivi- 16 sion that the minimum requirements of this section have been met. The trans- 17 portation department or the political subdivision shall verify to the state 18 tax commission the amount of expenditures the developer has expended on the 19 interchange and/or related freeway interchange improvements and/or highway 20 improvements. 21 (3) Upon filing of a written refund claim by the developer of a retail 22 commercial complex whose stores sell tangible personal property or taxable 23 services entitled to the rebate, and subject to such reasonable documentation 24 and verification as the state tax commission may require, the rebate shall be 25 paid by the state tax commission from the demonstration pilot project fund, 26 which is hereby created in the state treasury, in a timely manner not to 27 exceed sixty (60) calendar days after receipt as funds are available. To qual- 28 ify for the rebate, stores in an eligible complex shall report their sales to 29 the state tax commission separately from other stores they own in the state. 30 Nothing in this section shall be deemed to hold the state of Idaho or any 31 political subdivision liable for any and all liens filed on a project subject 32 to rebate pursuant to this section. All sales and use tax information remitted 33 by retailers shall be deemed a trade secret, shall be confidential and shall 34 not be disclosed by the state tax commission. A developer of a retail commer- 35 cial complex whose stores sell tangible personal property or taxable services 36 must submit a claim for refund pursuant to this section within two (2) years 37 of the developer's last expenditure on the interchange and/or related freeway 38 interchange improvements and/or highway improvements. No interest shall be 39 paid by the state on moneys refunded and all moneys refunded shall be paid 40 from the sales tax account pursuant to subsection (11) of section 63-3638, 41 Idaho Code, and shall be limited to a total aggregate of thirty-five million 42 dollars ($35,000,000) or lesser amount if that is what was expended. 43 (4) Once the developer of a retail commercial complex whose stores sell 44 tangible personal property or taxable services has recouped its costs of 45 funding the interchange and/or related freeway interchange improvements and/or 46 highway improvements and/or related transportation infrastructure, the de- 47 veloper shall be ineligible to receive the rebate pursuant to this section. 48 (5) As used in this section: 49 (a) "Development of a retail commercial complex whose stores sell tangi- 50 ble personal property or taxable services" includes all buildings, the 51 parking lot, sidewalks and all accessory equipment including, but not lim- 52 ited to, lighting and traffic signs. Retail stores in the retail commer- 53 cial complex shall sell tangible personal property or taxable services 54 that are subject to the sales and use tax. 55 (b) "Freeway interchange improvements" includes on and off ramps, over- 3 1 pass and underpass improvements and signalization to facilitate the 2 effective access from the interstate highway system. 3 (c) "Highway improvements" shall be improvements or upgrades to highways 4 enumerated in section 40-201, Idaho Code. 5 SECTION 2. That Section 63-3638, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 63-3638. SALES TAX -- DISTRIBUTION. All moneys collected under this chap- 8 ter, except as may otherwise be required in sections 63-3203 and 63-3709, 9 Idaho Code, shall be distributed by the tax commission as follows: 10 (1) An amount of money shall be distributed to the state refund account 11 sufficient to pay current refund claims. All refunds authorized under this 12 chapter by the commission shall be paid through the state refund account, and 13 those moneys are continuously appropriated. 14 (2) Five million dollars ($5,000,000) per year is continuously appropri- 15 ated and shall be distributed to the permanent building fund, provided by sec- 16 tion 57-1108, Idaho Code. 17 (3) Four million eight hundred thousand dollars ($4,800,000) per year is 18 continuously appropriated and shall be distributed to the water pollution con- 19 trol account established by section 39-3605, Idaho Code. 20 (4) An amount equal to the sum required to be certified by the chairman 21 of the Idaho housing and finance association to the state tax commission pur- 22 suant to section 67-6211, Idaho Code, in each year is continuously appropri- 23 ated and shall be paid to any capital reserve fund, established by the Idaho 24 housing and finance association pursuant to section 67-6211, Idaho Code. Such 25 amounts, if any, as may be appropriated hereunder to the capital reserve fund 26 of the Idaho housing and finance association shall be repaid for distribution 27 under the provisions of this section, subject to the provisions of section 28 67-6215, Idaho Code, by the Idaho housing and finance association, as soon as 29 possible, from any moneys available therefor and in excess of the amounts 30 which the association determines will keep it self-supporting. 31 (5) An amount equal to the sum required by the provisions of sections 32 63-709 and 63-717, Idaho Code, after allowance for the amount appropriated by 33 section 63-718(3), Idaho Code, is continuously appropriated and shall be paid 34 as provided by sections 63-709 and 63-717, Idaho Code. 35 (6) An amount required by the provisions of chapter 53, title 33, Idaho 36 Code. 37 (7) An amount required by the provisions of chapter 87, title 67, Idaho 38 Code. 39 (8) One dollar ($1.00) on each application for certificate of title or 40 initial application for registration of a motor vehicle, snowmobile, all- 41 terrain vehicle or other vehicle processed by the county assessor or the Idaho 42 transportation department excepting those applications in which any sales or 43 use taxes due have been previously collected by a retailer, shall be a fee for 44 the services of the assessor of the county or the Idaho transportation depart- 45 ment in collecting such taxes, and shall be paid into the current expense fund 46 of the county or state highway account established in section 40-702, Idaho 47 Code. 48 (9) Eleven and five-tenths percent (11.5%) is continuously appropriated 49 and shall be distributed to the revenue sharing account which is created in 50 the state treasury, and the moneys in the revenue sharing account will be paid 51 in installments each calendar quarter by the tax commission as follows: 52 (a) Twenty-eight and two-tenths percent (28.2%) shall be paid to the var- 53 ious cities as follows: 4 1 (i) 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 population of that city bears to the population of all 4 cities within the state; and 5 (ii) Fifty percent (50%) of such amount shall be paid to the various 6 cities, and each city shall be entitled to an amount in the propor- 7 tion that the preceding year's market value for assessment purposes 8 for that city bears to the preceding year's market value for assess- 9 ment purposes for all cities within the state. 10 (b) Twenty-eight and two-tenths percent (28.2%) shall be paid to the var- 11 ious counties as follows: 12 (i) One million three hundred twenty thousand dollars ($1,320,000) 13 annually shall be distributed one forty-fourth (1/44) to each of the 14 various counties; and 15 (ii) The balance of such amount shall be paid to the various coun- 16 ties, and each county shall be entitled to an amount in the propor- 17 tion that the population of that county bears to the population of 18 the state; 19 (c) Thirty-five and nine-tenths percent (35.9%) of the amount appropri- 20 ated in this subsection (9) shall be paid to the several counties for dis- 21 tribution to the cities and counties as follows: 22 (i) Each city and county which received a payment under the provi- 23 sions of section 63-3638(e), Idaho Code, during the fourth quarter of 24 calendar year 1999, shall be entitled to a like amount during suc- 25 ceeding calendar quarters. 26 (ii) If the dollar amount of money available under this subsection 27 (9)(c) in any quarter does not equal the amount paid in the fourth 28 quarter of calendar year 1999, each city's and county's payment shall 29 be reduced proportionately. 30 (iii) If the dollar amount of money available under this subsection 31 (9)(c) in any quarter exceeds the amount paid in the fourth quarter 32 of calendar year 1999, each city and county shall be entitled to a 33 proportionately increased payment, but such increase shall not exceed 34 one hundred five percent (105%) of the total payment made in the 35 fourth quarter of calendar year 1999. 36 (iv) If the dollar amount of money available under this subsection 37 (9)(c) in any quarter exceeds one hundred five percent (105%) of the 38 total payment made in the fourth quarter of calendar year 1999, any 39 amount over and above such one hundred five percent (105%) shall be 40 paid fifty percent (50%) to the various cities in the proportion that 41 the population of the city bears to the population of all cities 42 within the state, and fifty percent (50%) to the various counties in 43 the proportion that the population of a county bears to the popula- 44 tion of the state; and 45 (d) Seven and seven-tenths percent (7.7%) of the amount appropriated in 46 this subsection (9) shall be paid to the several counties for distribution 47 to special purpose taxing districts as follows: 48 (i) Each such district 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)(d) in any quarter does not equal the amount paid in the fourth 54 quarter of calendar year 1999, each special purpose taxing district's 55 payment shall be reduced proportionately. 5 1 (iii) If the dollar amount of money available under this subsection 2 (9)(d) in any quarter exceeds the amount distributed under paragraph 3 (i) of this subsection (9)(d), each special purpose taxing district 4 shall be entitled to a share of the excess based on the proportion 5 each such district's current property tax budget bears to the sum of 6 the current property tax budgets of all such districts in the state. 7 The state tax commission shall calculate district current property 8 tax budgets to include any unrecovered foregone amounts as determined 9 under section 63-802(1)(e), Idaho Code. When a special purpose taxing 10 district is situated in more than one (1) county, the tax commission 11 shall determine the portion attributable to the special purpose tax- 12 ing district from each county in which it is situated. 13 (iv) If special purpose taxing districts are consolidated, the 14 resulting district is entitled to a base amount equal to the sum of 15 the base amounts which were received in the last calendar quarter by 16 each district prior to the consolidation. 17 (v) If a special purpose taxing district is dissolved or 18 disincorporated, the state tax commission shall continuously distrib- 19 ute to the board of county commissioners an amount equal to the last 20 quarter's distribution prior to dissolution or disincorporation. The 21 board of county commissioners shall determine any redistribution of 22 moneys so received. 23 (vi) Taxing districts formed after January 1, 2001, are not entitled 24 to a payment under the provisions of this subsection (9)(d). 25 (vii) For purposes of this subsection (9)(d), a special purpose tax- 26 ing district is any taxing district which is not a city, a county or 27 a school district. 28 (10) Amounts calculated in accordance with section 2, chapter 356, laws of 29 2001, for annual distribution to counties and other taxing districts beginning 30 in October 2001 for replacement of property tax on farm machinery and equip- 31 ment exempted pursuant to section 63-602EE, Idaho Code. For nonschool dis- 32 tricts, the state tax commission shall distribute one-fourth (1/4) of this 33 amount certified quarterly to each county. For school districts, the state tax 34 commission shall distribute one-fourth (1/4) of the amount certified quarterly 35 to each school district. For nonschool districts, the county auditor shall 36 distribute to each district within thirty (30) calendar days from receipt of 37 moneys from the tax commission. Moneys received by each taxing district for 38 replacement shall be utilized in the same manner and in the same proportions 39 as revenues from property taxation. The moneys remitted to the county trea- 40 surer for replacement of property exempt from taxation pursuant to section 41 63-602EE, Idaho Code, may be considered by the counties and other taxing dis- 42 tricts and budgeted at the same time, in the same manner and in the same year 43 as revenues from taxation on personal property which these moneys replace. If 44 taxing districts are consolidated, the resulting district is entitled to an 45 amount equal to the sum of the amounts which were received in the last calen- 46 dar quarter by each district pursuant to this subsection prior to the consoli- 47 dation. If a taxing district is dissolved or disincorporated, the state tax 48 commission shall continuously distribute to the board of county commissioners 49 an amount equal to the last quarter's distribution prior to dissolution or 50 disincorporation. The board of county commissioners shall determine any redis- 51 tribution of moneys so received. If a taxing district annexes territory, the 52 distribution of moneys received pursuant to this subsection shall be unaf- 53 fected. Taxing districts formed after January 1, 2001, are not entitled to a 54 payment under the provisions of this subsection. School districts shall 55 receive an amount determined by multiplying the sum of the year 2000 school 6 1 district levy minus .004 times the market value on December 31, 2000, in the 2 district of the property exempt from taxation pursuant to section 63-602EE, 3 Idaho Code, provided that the result of these calculations shall not be less 4 than zero (0). The result of these school district calculations shall be fur- 5 ther increased by six percent (6%). For purposes of the limitation provided by 6 section 63-802, Idaho Code, moneys received pursuant to this section as prop- 7 erty tax replacement for property exempt from taxation pursuant to section 8 63-602EE, Idaho Code, shall be treated as property tax revenues. 9 (11) Amounts necessary to pay refunds as provided in subsection (3) of 10 section 63-3641, Idaho Code, to a developer of a retail commercial complex 11 whose stores sell tangible personal property or taxable services subject to 12 the sales and use tax up to an aggregate total of thirty-five million dollars 13 ($35,000,000) per project shall be remitted to the demonstration pilot project 14 fund created in subsection (3) of section 63-3641, Idaho Code, and shall be 15 specific to and accounted for by each project. 16 (12) Any moneys remaining over and above those necessary to meet and 17 reserve for payments under other subsections of this section shall be distrib- 18 uted to the general fund.
STATEMENT OF PURPOSE RS 17131 The purpose of this legislation is to establish a new method of financing public transportation infrastructure projects utilizing the State Tax Anticipation Revenue (STAR) concept. Upon approval of this legislation, private funds could be used to pay for all phases of qualified and approved projects to interstate and other state highways, from development to right-of-way acquisition, to construction. The developer of a retail commercial complex whose stores sell tangible personal property or taxable services, may qualify for a rebate of taxes paid on purchases at the site to reimburse the developer for project expenses incurred for the installation of approved transportation improvements. An account will be established to receive funds from a portion of sales taxes collected on the site as a result of new businesses and economic development attracted to the location. The Tax Commission will have oversight responsibilities for all monies disbursed to repay the costs incurred by the private sector to construct the facilities, after approval by the Idaho Transportation Department. No general fund or Idaho Transportation Department budget funds would be used to construct the transportation improvements. Appropriate checks and balances are specified to ensure the integrity of the transfer of funds. Project management would be coordinated through local, state, and federal units of government. Acquisition of additional right-of way will require the transfer of ownership to the Department if purchased by the developer. Fiscal Impact The estimated new sales tax revenue at build out of the first "pilot project" is estimated to be $30 million dollars annually. Contact: Speaker of the House Lawerence Denney Representative Mike Moyle Representative Bob Nonini Representative Frank Henderson Senator Jim Hammond Phone: 334-1120 STATEMENT OF PURPOSE/FISCAL NOTE H 250