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H0265...............................................by REVENUE AND TAXATION SALES TAX EXEMPTION - POLLUTION CONTROL EQUIPMENT - Amends existing law relating to sales tax to revise provisions applicable to the sales tax exemption for pollution control equipment. 03/02 House intro - 1st rdg - to printing 03/05 Rpt prt - to Rev/Tax 03/09 Rpt out - rec d/p - to 2nd rdg Rls susp - PASSED - 62-0-8 AYES -- Anderson, Andrus, Barrett, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Smith(30), Snodgrass, Stevenson, Thayn, Vander Woude, Wills, Wood(27), Mr. Speaker NAYS -- None Absent and excused -- Bayer, Henbest, Mortimer, Ringo, Shively, Smith(24), Trail, Wood(35) Floor Sponsor - Raybould Title apvd - to Senate 03/12 Senate intro - 1st rdg - to Loc Gov 03/16 Rpt out - rec d/p - to 2nd rdg 03/19 2nd rdg - to 3rd rdg 03/21 3rd rdg - PASSED - 34-1-0 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett, Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk NAYS -- Kelly Absent and excused -- None Floor Sponsor - McKenzie Title apvd - to House 03/22 To enrol - Rpt enrol - Sp signed 03/23 Pres signed 03/26 To Governor 03/30 Governor signed Session Law Chapter 290 Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 265 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO SALES TAX; AMENDING SECTION 63-3622X, IDAHO CODE, TO REVISE PROVI- 3 SIONS APPLICABLE TO THE SALES TAX EXEMPTION FOR POLLUTION CONTROL EQUIP- 4 MENT. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 63-3622X, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 63-3622X. POLLUTION CONTROL EQUIPMENT. (1) There is hereby exempted from 9 the taxes imposed by this chapter the sale, use or purchase of tangible per- 10 sonal property, which property is pollution control equipment required to meet11 acquired and primarily used for the purpose of meeting airandor water qual- 12 ity standards, rules or regulations of a state or federal agency having 13 authority to regulate and set airandor water quality emission standards. 14 (2)ThisThe exemption provided in subsection (1) of this section applies 15 to and includes: 16 (a) Tthe purchase of dry cleaning equipment that is designed to protect 17 employees from exposure to perchloroethylene as well as retaining the 18 fluid in the machine in order to protect sewer systems and air quality 19 standards. Dry cleaning machines meeting these standards are referred to 20 as "dry to dry transfer systems."; 21 (b)This exemption applies to tThe purchase of a liner or reagent 22 required to meet water quality standards, rules or regulations of a state 23 or federal agency having authority to regulate and set water quality stan- 24 dards regardless of whether the liner or reagent later becomes or is 25 intended to become a component of any real property or improvement or fix- 26 ture thereto; 27 (c) The sale, use or purchase of tangible personal property that becomes 28 a component, fixture or improvement to realty acquired and primarily used 29 for the purpose of meeting air or water quality emission standards, rules 30 or regulations when purchased by: 31 (i) Manufacturing, mining or farming businesses that qualify for 32 the exemption provided by section 63-3622D, Idaho Code, but not 33 including property used to treat drinking water or to treat air or 34 water that is not required for a production process; 35 (ii) Contractors working for manufacturing, mining or farming busi- 36 nesses that qualify for the exemption provided by section 63-3622D, 37 Idaho Code, who purchase, use or install qualifying material at the 38 direction of a project owner, but not including property used to 39 treat drinking water or to treat air or water that is not required 40 for a production process; or 41 (iii) Businesses principally devoted to treating and storing hazard- 42 ous or toxic waste; and 43 (d) Tangible personal property that is necessary for the operation of 2 1 property that qualifies for the exemption available in paragraph (c) of 2 this subsection. 3 (3)ThisThe exemption provided in subsection (1) of this section does 4 not apply to or include: 5 (a) Mmotor vehicles or aircraft, without regard to the use to which such 6 motor vehicles or aircraft are put; 7 (b) The sale, use or purchase of fixtures, plumbing fixtures, pipe, pumps 8 or other items used to treat or transport wastewater to a wastewater 9 treatment plant that is owned by a wastewater operator as defined in sec- 10 tion 54-2403, Idaho Code; 11 (c) The sale, use or purchase of fixtures or tangible personal property 12 that is used to treat or transport drinking water by a drinking water 13 operator as defined in section 54-2403, Idaho Code; 14 (d) The sale, use or purchase of property used to prevent soil erosion; 15 (e) The sale, use or purchase of property that is affixed to realty and 16 that is used in road construction or the construction of residential or 17 commercial buildings or other improvements to realty owned by persons 18 other than the businesses described in subsection (2)(c) of this section; 19 (f) The sale, use or purchase of property used to construct buildings or 20 structures that merely house pollution control equipment or a pollution 21 control facility, including both building materials and construction 22 equipment and including equipment used for excavation; 23 (g) The sale, use or purchase of tangible personal property used to 24 install pollution control equipment or facilities; or 25 (h) The sale, use or purchase of tangible personal property that will 26 become part of a septic tank or septic system.
STATEMENT OF PURPOSE RS 17062 This bill clarifies the application of the existing sales tax exemption for pollution control equipment. The exemption would be available to businesses that qualify for the production exemption and purchase personal property that is primarily used for meeting air or water quality standards even if that property becomes a component, fixture or improvement to realty. The exemption would not apply to public facilities like wastewater or drinking water systems or to buildings or structures that merely house pollution control equipment. FISCAL NOTE The Tax Commission estimates this legislation would reduce General Fund revenues by $1.05 million. CONTACT: Jack Lyman Brent Olmstead Idaho Mining Association Milk Producers of Idaho 342-0031 345-1190 STATEMENT OF PURPOSE/FISCAL NOTE H 265