reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 47 - DEPARTMENT OF COMMERCE › Section 67-4717 - REGIONAL AND STATEWIDE GRANT PROGRAM.

67-4717. REGIONAL AND STATEWIDE GRANT PROGRAM. There is hereby established within the state of Idaho a travel and convention industry grant program. Such program shall be administered jointly by the council and the department. The source of funding for the program shall be from the assessment imposed by section 67-4718, Idaho Code.
Fifty percent (50%) of all funds derived from this act less one-half (1/2) of the administrative costs, shall be returned to local nonprofit organizations having as their primary purpose the promotion of travel and conventions within a planning region, to expend for the promotion of travel and conventions within their area. Each planning region shall be awarded grants totaling an amount equal to the regional proportion of one-half (1/2) the total sum raised by the assessment imposed by section 67-4718, Idaho Code. No allocations to a planning region shall lapse, but shall be continuously available for use for promotion purposes within the planning region.
The remaining fifty percent (50%) of all funds derived from this act, less one-half (1/2) of the administrative costs, shall be expended by the department for the promotion and development of statewide travel and convention programs. The department shall be counseled and advised in its creation and execution of such programs by the council as provided by section 67-4712, Idaho Code.
History:
[67-4717, added 1981, ch. 216, sec. 2, p. 403; am. 1985, ch. 160, sec. 17, p. 435.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 47 - DEPARTMENT OF COMMERCE › Section 67-4718 - ASSESSMENT — COUNCIL ACCOUNT.

67-4718. ASSESSMENT — COUNCIL ACCOUNT. (1) From and after January 1, 1985, there is hereby levied and imposed an assessment at the rate of two percent (2%) of the amount of a sale as defined in section 67-4711, Idaho Code. The receipts from the assessment levied by this section shall be paid to the state tax commission in like manner, and under the definitions, rules and regulations of said commission for the collection and administration of the state sales tax under chapter 36, title 63, Idaho Code. No assessment shall be collected where there is an original written agreement that the space is to be occupied by the same person pursuant to a lease or similar agreement for a period in excess of thirty (30) days.
(2) The council may, by duly adopted resolution, determine that a lesser amount of assessment shall be imposed and the department shall certify such lesser assessment rate to the state tax commission; the rate of assessment shall be that amount so certified. In the absence of such certification the rate of assessment shall be that rate set forth in subsection (1) of this section.
(3) The assessment set forth herein shall be collected by the state tax commission in the same manner as provided in chapter 36, title 63, Idaho Code, for the collection of sales and use tax, and shall be distributed as follows:
(a) An amount of money shall be distributed to the state refund account sufficient to pay current refund claims. All refunds authorized by the tax commission to be paid shall be paid through the state refund account and those moneys are continuously appropriated.
(b) An amount of money equal to the actual cost of the collection and administration of the tax imposed by the provisions of this section shall be retained by the commission. The amount retained by the commission shall not exceed the amount authorized to be expended by appropriation by the legislature. Any unencumbered balance in excess of the actual cost at the end of each fiscal year shall be distributed as provided in paragraph (c) of this subsection.
(c) All remaining moneys received pursuant to this chapter shall be distributed to the Idaho travel and convention account, established in the dedicated fund, and all such moneys are set aside and appropriated to the department to administer pursuant to the provisions of this chapter.
(4) The state tax commission, upon written request of the director of the department of commerce, will make available information identifying those paying the assessment, either individually or by category. Such information however, shall not show the amount paid, nor any liabilities or delinquencies of those who have the duty to collect and remit the assessment authorized in this section.
History:
[67-4718, added 1981, ch. 216, sec. 2, p. 404; am. 1982, ch. 10, sec. 1, p. 15; am. 1984, ch. 126, sec. 1, p. 301; am. 1985, ch. 160, sec. 18, p. 436; am. 1986, ch. 73, sec. 19, p. 218; am. 1988, ch. 174, sec. 2, p. 304; am. 1994, ch. 91, sec. 1, p. 207.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 47 - DEPARTMENT OF COMMERCE › Section 67-4719 - PENALTIES.

67-4719. PENALTIES. Any person who shall violate or aid in the violation of any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof be punished by a fine of not more than three hundred dollars ($300) or imprisonment not to exceed ninety (90) days, or both.
History:
[67-4719, added 1981, ch. 216, sec. 2, p. 404.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 47 - DEPARTMENT OF COMMERCE › Section 67-4721 - PURPOSE.

67-4721. PURPOSE. (1) It is hereby declared that there exists in this state a need to promote sound economic development, to improve the economic health of the state, to promote employment, and to improve the tax base of the state by encouraging the formation of development finance sources that enhance the availability of capital for new, emerging, or expanding business enterprises. Public resources are not intended to replace existing capital markets, but they can be carefully targeted to fill gaps in capital availability. It is hereby declared that it is a valid public purpose to preserve and promote the safety, health and welfare of this state and its citizens by the exercise of the powers specified in this act to provide grant programs to development finance sources.
(2) It is hereby further declared that the foregoing are public purposes and uses for which public moneys may be expended or granted and that such activities are governmental functions and serve a public purpose when improving the economic well-being or otherwise benefiting the people of this state; that the necessity of enacting the provisions hereinafter set forth is in the public interest and is hereby so declared as a matter of express legislative determination.
History:
[67-4721, added 1991, ch. 148, sec. 1, p. 356.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 47 - DEPARTMENT OF COMMERCE › Section 67-4722 - ECONOMIC DEVELOPMENT FINANCING ACCOUNT.

67-4722. ECONOMIC DEVELOPMENT FINANCING ACCOUNT. There is hereby established an economic development financing account in the state agency asset fund and all of the moneys in said account are hereby appropriated to the department of commerce to carry out the purposes of sections 67-4721 through 67-4724, Idaho Code. The account shall consist of such contributions, appropriations, and distributions as are made thereto and such interest as may be earned on the account less the investment administration fee provided in section 67-1210, Idaho Code.
History:
[67-4722, added 1991, ch. 148, sec. 2, p. 357.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 47 - DEPARTMENT OF COMMERCE › Section 67-4723 - GRANTS — STANDARDS AND ADMINISTRATION.

67-4723. GRANTS — STANDARDS AND ADMINISTRATION. The department of commerce shall administer a program of grants prorated to private capital raised to establish financing programs for new, emerging, and expanding business enterprises. Grants shall only be made to business and industrial development corporations (BIDCOs) licensed and regulated pursuant to the provisions of chapter 27, title 26, Idaho Code. It is recognized that BIDCOs, in compliance with section 26-2716, Idaho Code, administer a program of professional consulting and financing of new, emerging and expanding business enterprises. Such financings may take the form of loans or equity participation or a combination thereof. BIDCOs must report annually to the legislature, in compliance with section 27-2707[26-2707], Idaho Code, information on the impact of grants in promoting economic development in the state.
Requests for grant proposals shall require the applicant to describe in detail its experience and expertise, the professional manner in which it will identify, finance, and monitor new, emerging and expanding business enterprises, the criteria it will use to determine which enterprises should be financed to best further the purposes of sections 67-4721 through 67-4724, Idaho Code, the administrative and overhead charges which will be made to administer the grant, and such other matters as required by the department of commerce.
The department of commerce shall administer this program in such a way as to avoid favoritism of any particular enterprise and to maximize the public purposes of sections 67-4721 through 67-4724, Idaho Code, without regard to any incidental benefits which may accrue to private parties. In administering the program, the department of commerce shall emphasize job creation, improvement of the state’s tax base, geographic diversity of financing, and avoidance of financing enterprises which could reasonably be financed by other means.
History:
[67-4723, added 1991, ch. 148, sec. 3, p. 357.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 47 - DEPARTMENT OF COMMERCE › Section 67-4723A - IDAHO SMALL BUSINESS FEDERAL FUNDING ASSISTANCE ACT — FUND CREATED.

67-4723A. IDAHO SMALL BUSINESS FEDERAL FUNDING ASSISTANCE ACT — FUND CREATED. (1) There is hereby created in the state treasury the Idaho small business assistance fund to which shall be credited all moneys that may be appropriated, apportioned, allocated, and paid back to the fund, including grants, federal moneys, donations, gifts, funds from any other source or otherwise provided by law. The moneys in the fund shall be used to reimburse Idaho small businesses for costs incurred in the process of developing and submitting federal grant proposals and to compete for awards. The Idaho department of commerce shall administer the fund.
(2) As used in this section:
(a) "Federal funding" means grants available to for-profit businesses as awarded by federal agencies through small business innovative research grants, small business technology transfer research grants, broad area announcements or other grant programs.
(b) "Small business" means an Idaho for-profit company with five hundred (500) or fewer employees.
(c) "State grants" means a grant award of up to four thousand dollars ($4,000) limited exclusively to the reimbursement of claimable expenses incurred by an Idaho small business pursuant to the process of competing for federal funding awards.
(3) The department of commerce shall administer a program of state grants to assist and incentivize new, emerging, and expanding Idaho small, for-profit businesses in the development of federal funding proposals that lead to the development of commercial products or services.
(4) The department of commerce shall administer this program in such a way as to avoid favoritism of any particular enterprise and to maximize the public purposes of increasing the number of submitted proposals from Idaho small businesses and increasing the number of grant awards to these businesses. Particular attention shall be paid to the encouragement of companies that have not competed for federal funding awards in the past.
History:
[67-4723A, added 2011, ch. 224, sec. 2, p. 611.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 47 - DEPARTMENT OF COMMERCE › Section 67-4724 - RETURN TO THE STATE.

67-4724. RETURN TO THE STATE. It is hereby recognized that the principal return to the state shall be in the form of increased tax revenues and increased job growth. A further return to the state is hereby provided as follows. Grants shall require the applicant to retain within its financing program all funds representing a return on principal until initial capitalization is doubled. Upon doubling capitalization and upon the approval of the department of finance, grantees shall distribute up to fifty per cent (50%) of profits on a pro rata basis to the state of Idaho. Any additional returns shall be governed by the terms of the grant.
In the event of dissolution of a grantee, distribution shall be made to the state and stockholders on a pro rata basis. The director of the department of commerce shall preside over liquidation proceedings in accordance with chapter 27, title 26, Idaho Code.
History:
[67-4724, added 1991, ch. 148, sec. 4, p. 358.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 47 - DEPARTMENT OF COMMERCE › Section 67-4725 - IDAHO GLOBAL ENTREPRENEURIAL MISSION GRANT FUND.

67-4725. IDAHO GLOBAL ENTREPRENEURIAL MISSION GRANT FUND. There is hereby created in the state treasury the Idaho global entrepreneurial mission grant fund hereafter known as the IGEM grant fund. Moneys in the fund shall consist of funds received from state appropriated general funds, commercialization revenues from state IGEM projects, grants, federal moneys, donations or funds from any other source. Moneys in the fund may be expended pursuant to appropriation. The fund balance in the fund may be appropriated annually to the department of commerce for the purpose of supporting the IGEM grants. The treasurer shall invest all idle moneys in the fund. Any interest earned on the investment of idle moneys shall be returned to the fund.
History:
[67-4725, added 2005, ch. 102, sec. 3, p. 324; am. 2009, ch. 162, sec. 2, p. 487; am. 2012, ch. 60, sec. 1, p. 160; am. 2016, ch. 84, sec. 1, p. 266.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 47 - DEPARTMENT OF COMMERCE › Section 67-4729 - DEPARTMENT OF COMMERCE AND IGEM COUNCIL RULES AND RESPONSIBILITIES.

67-4729. DEPARTMENT OF COMMERCE AND IGEM COUNCIL RULES AND RESPONSIBILITIES. (1) The department of commerce in conjunction with the IGEM council shall:
(a) Ensure that IGEM funds appropriated to the department of commerce and received for research and development at the universities and for the technology outreach program are used appropriately, effectively and efficiently in accordance with the intent of the legislature;
(b) In conjunction with the IGEM research institutions and the private sector, evaluate best practices utilized by successful technology transfer programs and make recommendations to the IGEM research institutions for transaction and legal structures that incorporate those best practices;
(c) Enhance technology transfer and commercialization of research and technologies developed at the universities to create high-quality jobs and new industries in the private sector in Idaho;
(d) In conjunction with the university research departments and the private sector, develop a standardized process for the transfer of intellectual property from all IGEM-funded research projects and for the IGEM grant awards;
(e) Establish economic development objectives for each IGEM state-funded project;
(f) Establish rules for the IGEM grant program, including weighted consideration for Idaho-based industry partners and a matching requirement, monetary or otherwise, for recipients of the awards;
(g) Verify that the IGEM project is being enhanced by research grants and that it is meeting the economic development objectives of the department of commerce and the IGEM council;
(h) Monitor all research plans that are part of the project at the research universities to determine that appropriations are being spent in accordance with legislative intent and to measure the benefit and return to the state;
(i) Develop methods and incentives to encourage investment in and contributions to the IGEM project from the private sector; and
(j) Annually report and make recommendations to:
(i) The governor;
(ii) The joint finance-appropriations committee;
(iii) The house and senate commerce and human resource committees; and
(iv) The office of the state board of education.
(2) The department of commerce and the Idaho global entrepreneurial mission council may:
(a) In addition to moneys received by it from the legislature, receive contributions from any source in the form of money, property, labor or other things of value for the project;
(b) Subject to any restrictions imposed by the donation, appropriations or bond authorizations, allocate moneys received by it among the universities, the technology outreach program and technology transfer offices to support commercialization and technology transfer to the private sector; or
(c) Enter into agreements necessary to obtain private investment in the project.
History:
[67-4729, added 2012, ch. 60, sec. 3, p. 161; am. 2016, ch. 84, sec. 3, p. 267.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 47 - DEPARTMENT OF COMMERCE › Section 67-4730 - IDAHO GLOBAL ENTREPRENEURIAL MISSION (IGEM) RESEARCH.

67-4730. IDAHO GLOBAL ENTREPRENEURIAL MISSION (IGEM) RESEARCH. As funding becomes available from the legislature or other sources, and subject to any restrictions or directions established by the legislature, the state board of education and/or the department of commerce may allocate moneys to Boise state university, the university of Idaho, and Idaho state university to provide funding for research teams or individual university research faculty to conduct IGEM-project designated research.
History:
[67-4730, added 2012, ch. 60, sec. 4, p. 162; am. 2016, ch. 84, sec. 4, p. 268.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 47 - DEPARTMENT OF COMMERCE › Section 67-4731 - COMMERCIALIZATION REVENUE DISTRIBUTION.

67-4731. COMMERCIALIZATION REVENUE DISTRIBUTION. Commercialization revenue shall be limited to revenue generated through the commercialization of university intellectual property rights in a work authored or an invention conceived or first reduced to practice in the performance of an IGEM grant award. For commercialization revenue generated through the IGEM university research initiative and by IGEM-funded research faculty, the following is the priority of revenue distribution:
(1) The revenue shall first reimburse direct project costs associated with commercialization expenses generated by any of the three (3) universities.
(2) University faculty, staff or students engaged in the performance of an IGEM grant award shall receive a portion of the commercialization revenue, consistent with the university intellectual property policies applicable to such faculty, staff or student.
(3) Remaining funds shall be distributed according to the following priorities:
(a) Twenty-five percent (25%) of the total remaining revenues shall reimburse the general fund until IGEM grant funds paid for the IGEM project are reimbursed.
(b) Five percent (5%) of the remaining revenues shall be deposited into the IGEM grant fund as defined in section 67-4725, Idaho Code, to support future IGEM grants.
(c) The remaining funds shall be distributed to Boise state university, the university of Idaho, and Idaho state university, with the moneys distributed based on the participation of the universities in the research project that generated the commercialization revenue.
History:
[67-4731, added 2012, ch. 60, sec. 5, p. 162; am. 2016, ch. 84, sec. 5, p. 268.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 47 - DEPARTMENT OF COMMERCE › Section 67-4732 - IDAHO OPPORTUNITY FUND — SHORT TITLE — LEGISLATIVE INTENT.

67-4732. IDAHO OPPORTUNITY FUND — SHORT TITLE — LEGISLATIVE INTENT. Sections 67-4732 through 67-4736, Idaho Code, shall be known and may be cited as the "Idaho Opportunity Fund Act" and also known as "this act." The intent of the Idaho opportunity fund is to promote economic development and provide financial assistance, through the Idaho department of commerce, to retain, expand or attract quality jobs in industries deemed vital to the health of the local and statewide economy.
History:
[67-4732, added 2013, ch. 106, sec. 1, p. 249.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 47 - DEPARTMENT OF COMMERCE › Section 67-4733 - DIRECTOR RULEMAKING AUTHORITY.

67-4733. DIRECTOR RULEMAKING AUTHORITY. The director shall promulgate rules pursuant to chapter 52, title 67, Idaho Code, in the furtherance of the objectives of this act.
History:
[67-4733, added 2013, ch. 106, sec. 1, p. 249.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 47 - DEPARTMENT OF COMMERCE › Section 67-4734 - IDAHO OPPORTUNITY FUND.

67-4734. IDAHO OPPORTUNITY FUND. There is hereby created in the state treasury the Idaho opportunity fund. Moneys in the Idaho opportunity fund may be expended by the Idaho department of commerce, pursuant to the provisions of this act, to assist in securing commitments for the retention and expansion of existing businesses and recruitment of new businesses.
(1) Moneys deposited in the fund. The following amounts shall be deposited in the fund:
(a) Any amounts appropriated by the legislature for the fund for purposes described by this section;
(b) Repayment of any moneys originally distributed from the fund that were improperly disbursed pursuant to the company performance agreement or the local government grant agreement; and
(c) Gifts, grants and other donations received for the fund.
(2) Use of funds. Moneys in the Idaho opportunity fund may be allocated to local governments for any lawful purpose consistent with the intent of this act, which purposes shall include:
(a) Construction of or improvements to new or existing water, sewer, gas or electric utility systems for new or existing buildings to be used for industrial or commercial operations;
(b) Flood zone or environmental hazard mitigation; and
(c) Construction, upgrade or renovation of other infrastructure related items including, but not limited to, railroads, broadband, parking lots, roads or other public costs that are directly related to specific job creation or expansion projects.
History:
[67-4734, added 2013, ch. 106, sec. 1, p. 249.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 47 - DEPARTMENT OF COMMERCE › Section 67-4736 - ANNUAL REPORT BY DIRECTOR.

67-4736. ANNUAL REPORT BY DIRECTOR. The director of the department of commerce shall annually publish a report regarding the state of the Idaho opportunity fund and cause the same to be made available to the public. The report shall contain information on the commitment of funds, disbursement and use of funds, the number of jobs committed and created, the total capital expenditures resulting from grant funds and the median wage of total jobs created as result of grant funds distributed in the prior year. The report is due no later than the last day of September each year. The director shall also provide such report to the governor and the joint finance-appropriations committee during each regular session of the Idaho state legislature. In addition, the director of the department of commerce shall provide reports on the grant activity and performance to the economic advisory council on a quarterly basis during the year.
History:
[67-4736, added 2013, ch. 106, sec. 1, p. 251.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 47 - DEPARTMENT OF COMMERCE › Section 67-4737 - IDAHO REIMBURSEMENT INCENTIVE ACT — SHORT TITLE — LEGISLATIVE INTENT.

67-4737. IDAHO REIMBURSEMENT INCENTIVE ACT — SHORT TITLE — LEGISLATIVE INTENT. Sections 67-4737 through 67-4744, Idaho Code, shall be known and may be cited as the "Idaho Reimbursement Incentive Act." The Idaho legislature finds that in order to compete more effectively in a national and global marketplace for economic expansion, business retention and job creation, a number of states, including Idaho, have deemed it necessary to create economic-based incentives for the creation of quality jobs. Further, the Idaho legislature desires to create the Idaho reimbursement incentive act to be a performance-based tax reimbursement mechanism available to existing Idaho businesses and new businesses creating jobs in Idaho when the same are in good standing in the state of Idaho.
History:
[67-4737, added 2014, ch. 336, sec. 1, p. 828.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 47 - DEPARTMENT OF COMMERCE › Section 67-4740 - AGREEMENT WITH APPLICANT.

67-4740. AGREEMENT WITH APPLICANT. With instruction from the council, and in accordance with criteria as established by rules, the director of the department shall enter into a reimbursement incentive agreement with the applicant, provided the agreement defines the following in addition to the terms as approved by the council:
(a) The term of the agreement, which in no case shall exceed fifteen (15) years;
(b) The projected new state revenues to be generated during the term of the project;
(c) The method and recordkeeping requirements to be used by the applicant to determine the new state revenue paid by the applicant. The approved tax credit percentage applied to new state revenue each year the applicant is entitled to receive the reimbursement during the term of the project;
(d) The projected new jobs;
(e) The terms and conditions of any and all requirements and measurements that must be met prior to the issuance of a tax credit authorization;
(f) The agreed-upon and necessary proof of compliance required prior to tax credit issuance. Proof of compliance provided by the applicant must be adequate to demonstrate to the director that all requirements and measurements have been met for the applicant to receive the tax credit;
(g) The consequences of default by the applicant;
(h) The period to be used to determine the taxes paid at the date of application; and
(i) Identification of the individual or entity that is or will be claiming the refundable credit.
(j) The agreement with the applicant shall specify that no credit will be allowed for taxes that have been or will be reimbursed by the federal government or any subdivision thereof.
History:
[67-4740, added 2014, ch. 336, sec. 1, p. 831; am. 2015, ch. 200, sec. 3, p. 612; am. 2016, ch. 47, sec. 43, p. 128; am. 2017, ch. 149, sec. 2, p. 370.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 47 - DEPARTMENT OF COMMERCE › Section 67-4741 - APPLICANT’S ANNUAL REPORTING PROCEDURE.

67-4741. APPLICANT’S ANNUAL REPORTING PROCEDURE. (1) On an annual basis during the term of the project, the applicant shall submit to the department reporting information outlined in the agreement that shall include, but not be limited to, the following:
(a) Supporting documentation of the new state revenues from the applicant’s new project that were paid during the preceding tax year;
(b) Supporting documentation of the new jobs that were created during the preceding tax year;
(c) A document that expressly directs and authorizes the tax commission and department of labor to allow the department access to the applicant’s returns and other information that may be necessary to verify or otherwise confirm the declared new state revenues;
(d) A letter from the tax commission confirming that the applicant is in good standing in the state of Idaho and is not in unresolved arrears in the payment of any state tax or fee administered by the tax commission;
(e) Identification of any individual or entity included within the application that is entitled to a rebate pursuant to section 63-3641 or 63-4408, Idaho Code, or is required to obtain a separate seller’s permit pursuant to chapter 36, title 63, Idaho Code; and
(f) Supporting documentation that the business entity has satisfied the measurements and requirements outlined in the agreement.
(2) If, after review and audit of the information provided by the applicant, or after review of the ongoing performance of the applicant, the department determines that the information is inadequate to provide a reasonable justification for authorizing or continuing a tax credit, the department shall:
(a) Deny the tax credit for such tax year;
(b) Terminate the agreement for failure to meet the performance standards established in the agreement; or
(c) Inform the applicant that the returns or other information are inadequate and request the applicant to submit additional documentation.
(3) If, after review and/or audit of the information provided by the applicant, the department determines that the information provided by the applicant provides reasonable justification for authorizing a tax credit, the department shall, based upon the returns and other information:
(a) Determine the amount of the tax credit to be granted to the applicant, which amount shall be the lowest approved percentage that will incentivize creation of new jobs and new state revenue;
(b) Issue a tax credit authorization to the applicant; and
(c) Provide a duplicate copy of the tax credit authorization to the tax commission.
(4) No applicant may claim a tax credit unless the applicant has a tax credit authorization issued by the department. An applicant may claim a tax credit in the amount listed on the tax credit authorization on its tax return.
History:
[67-4741, added 2014, ch. 336, sec. 1, p. 832; am. 2015, ch. 200, sec. 4, p. 613.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 47 - DEPARTMENT OF COMMERCE › Section 67-4742 - ANNUAL REPORTING BY DEPARTMENT.

67-4742. ANNUAL REPORTING BY DEPARTMENT. (1) The department shall create an annual written report for the governor and the legislature describing:
(a) The department’s success under this act in attracting new jobs;
(b) The estimated amount of tax credit commitments made by the department and the period of time over which tax credits will be paid;
(c) The economic impact on the state related to generating new state revenue and providing tax credits under this act;
(d) The estimated costs and economic benefits of the tax credit commitments that the department made; and
(e) The actual costs and economic benefits of the tax credit commitments the department made.
(2) On or before November 1, 2015, and every year thereafter, the department shall:
(a) Conduct an independent, third-party audit of the tax credits issued under this act;
(b) Evaluate the tax credits issued under this act and the effectiveness of the tax credits; and
(c) Make recommendations concerning whether the tax credits should be continued, modified or repealed.
(3) The audit as set forth herein shall include an evaluation of:
(a) The amount of tax credits granted; and
(b) The effectiveness of the department’s internal controls within the application and approval process pursuant to this chapter.
(4) The results of such audit and the director’s recommendations shall be forwarded in a timely manner to the office of the governor and to the appropriate legislative committee chairmen.
History:
[67-4742, added 2014, ch. 336, sec. 1, p. 832.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 47 - DEPARTMENT OF COMMERCE › Section 67-4743 - SUSPENSION OF IDAHO REIMBURSEMENT INCENTIVE ACT.

67-4743. SUSPENSION OF IDAHO REIMBURSEMENT INCENTIVE ACT. (1) The director shall suspend the issuance of all new agreements with applicants upon the occurrence of the following conditions:
(a) The governor orders a temporary reduction of general fund spending authority, pursuant to section 67-3512A, Idaho Code; and
(b) The governor issues an executive order directing the department to suspend the issuance of new agreements during the tax year in which the temporary reduction of general fund spending authority has been ordered and the executive order issued.
(2) Pursuant to this chapter, all agreements that have been approved by the council prior to the governor issuing an executive order as provided by subsection (1)(b) of this section shall remain in full force and effect and shall not be modified or impaired as a result of the executive order.
(3) During the period of time that new agreements have been suspended, the director shall maintain the necessary services required pursuant to this chapter to support all existing agreements and comply with all required reporting and review responsibilities.
(4) The governor may, by executive order, remove the suspension issued pursuant to subsection (1)(b) of this section.
History:
[67-4743, added 2014, ch. 336, sec. 1, p. 833.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 47 - DEPARTMENT OF COMMERCE › Section 67-4744 - DIRECTOR RULEMAKING AUTHORITY.

67-4744. DIRECTOR RULEMAKING AUTHORITY. The director shall promulgate rules pursuant to chapter 52, title 67, Idaho Code, in the furtherance of the objectives of this act.
History:
[67-4744, added 2014, ch. 336, sec. 1, p. 833.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 47 - DEPARTMENT OF COMMERCE › Section 67-4760 - IDAHO BROADBAND FUND.

67-4760. IDAHO BROADBAND FUND. There is hereby created in the state treasury the Idaho broadband fund that will consist of such sums as may be appropriated by the legislature for the purpose of providing financial assistance in broadband infrastructure to promote equal access in economic development, public safety, telehealth, and education. Expenditures from the fund will be prioritized based on the statewide broadband plan developed by the Idaho broadband advisory board established pursuant to section 67-4761, Idaho Code, and must be approved by the board. Interest earnings from the investment of moneys in this fund by the state treasurer shall be returned to the fund.
History:
[67-4760, added 2021, ch. 137, sec. 1, p. 383.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 47 - DEPARTMENT OF COMMERCE › Section 67-4761 - IDAHO BROADBAND ADVISORY BOARD.

67-4761. IDAHO BROADBAND ADVISORY BOARD. (1) There is hereby created within the department of commerce the Idaho broadband advisory board. The advisory board shall consist of three (3) members of the house of representatives appointed by the speaker of the house of representatives, three (3) members of the senate appointed by the president pro tempore of the senate, and three (3) members of the public appointed by the governor.
(2) The advisory board shall be responsible for creating a statewide broadband plan that will determine the manner of structuring, prioritizing, and dispersing grants from the Idaho broadband fund to areas of the state that are most in need and shall have the authority to determine which broadband projects are undertaken pursuant to this section. In the preparation, adoption, and implementation of the statewide broadband plan, the advisory board shall solicit the participation and assistance of state agencies with pertinent expertise. All agencies of the state of Idaho shall cooperate with the advisory board by providing requested research, information, and studies pertaining in any manner to the statewide broadband plan.
(3) Once the statewide broadband plan has been adopted by a majority vote of the broadband advisory board, copies of the plan shall be filed in the office of the governor, posted on the website of the advisory board or the department of commerce, and published and distributed in any other manner determined appropriate by the advisory board.
(4) Following adoption of the statewide broadband plan, the board shall administer the implementation of the plan and shall maintain and revise the plan as necessary.
(5) Any state agency may petition the board to revise the statewide broadband plan. The board shall review any petition filed pursuant to this section within three (3) months after it is filed and shall either take action to revise the broadband plan or set forth its reasons for denying the request in writing.
History:
[67-4761, added 2021, ch. 137, sec. 2, p. 383.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4901 - PURPOSE OF ACT.

67-4901. PURPOSE OF ACT. It is hereby declared that the organization of auditorium or community center districts, having the purposes and powers provided in this act, will serve the public need and use and will promote the prosperity, security and general welfare of the inhabitants of said districts.
History:
[67-4901, added 1959, ch. 137, sec. 1, p. 299; am. 1978, ch. 276, sec. 1, p. 667.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4902 - DEFINITIONS.

67-4902. DEFINITIONS. An auditorium or community center district is one to build, operate, maintain, market and manage for public, commercial and/or industrial purposes by any available means public auditoriums, exhibition halls, convention centers, sports arenas and facilities of a similar nature, and for that purpose any such district shall have the power to construct, maintain, manage, market and operate such facilities.
A district organized after July 1, 2001, shall consist of a single contiguous area comprising all or part of one (1) or more municipalities or counties.
The word "board" as used in this chapter shall mean the board of directors of a district.
A "qualified elector" of a district, within the meaning of and entitled to vote under this chapter, is a person who resides in the district and is otherwise qualified under section 34-104, Idaho Code.
Wherever the term "publication" is used in this chapter it means publication twice, the first time not less than twelve (12) days prior to an election, and the second time not less than five (5) days prior to an election, as provided in section 34-1406, Idaho Code.
History:
[67-4902, added 1959, ch. 137, sec. 2, p. 299; am. 1974, ch. 139, sec. 1, p. 1343; am. 1978, ch. 276, sec. 2, p. 668; am. 1995, ch. 118, sec. 90, p. 502; am. 1998, ch. 21, sec. 1, p. 123; am. 2001, ch. 258, sec. 1, p. 927.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4903 - JURISDICTION TO ESTABLISH DISTRICTS.

67-4903. JURISDICTION TO ESTABLISH DISTRICTS. The district court sitting in and for any county in this state, or any judge thereof in vacation, is hereby vested with jurisdiction, power and authority to establish districts which may be entirely within or partly within and partly without the judicial district in which said court is located.
History:
[67-4903, added 1959, ch. 137, sec. 3, p. 299.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4904 - PETITION — CONTENTS — AMENDMENTS.

67-4904. PETITION — CONTENTS — AMENDMENTS. The organization of a district shall be initiated by a petition filed in the office of the clerk of the court vested with jurisdiction, in a county in which the major part of the real property in the proposed district is situated. The petition shall be signed by not less than ten percent (10%) of the qualified electors who reside within the boundaries of the proposed district, and not less than ten (10) of whom shall reside in each election precinct which is wholly or partially within the boundaries of any such proposed district.
The petition shall set forth:
(1) The name of the proposed district consisting of a chosen name preceding the words, "auditorium or community center district."
(2) A general description of the facilities to be constructed and any marketing programs for such facilities within and for the district.
(3) The estimated cost of the proposed facilities and any marketing programs for such facilities and the estimated annual budget for the proposed district.
(4) The maximum tax rate that the board will be authorized to levy or impose.
(5) A general description of the boundaries of the district or the territory to be included therein, with such certainty as to enable a property owner to determine whether or not his property is within the district.
(6) A prayer for the organization of the district.
No petition with the requisite signatures shall be declared null and void on account of alleged clerical errors or nonmaterial errors in the description of the territory, but the court may at any time permit the petition to be amended to conform to the facts by correcting any clerical or nonmaterial errors in the description of the territory, or in any other particular. Similar petitions or duplicate copies of the same petition for the organization of the same district may be filed and shall together be regarded as one (1) petition. All such petitions filed prior to the hearing on the first petition filed, shall be considered by the court the same as though filed with the first petition placed on file.
History:
[67-4904, added 1959, ch. 137, sec. 4, p. 299; am. 1963, ch. 95, sec. 1, p. 312; am. 1978, ch. 20, sec. 1, p. 40; am. 1978, ch. 276, sec. 3, p. 668; am. 1998, ch. 21, sec. 2, p. 124; am. 2001, ch. 258, sec. 2, p. 927.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4905 - BOND OF PETITIONERS.

67-4905. BOND OF PETITIONERS. At the time of filing the petition or at any time subsequent thereto, and prior to the time of hearing on said petition a bond shall be filed, with security approved by the court, sufficient to pay all expenses connected with the proceedings in case the organization of the district is not effected. If at any time during the proceeding the court shall be satisfied that the bond first executed is insufficient in amount, it may require the execution of an additional bond within a time to be fixed, not less than ten (10) days distant, and upon failure of the petitioner to execute the same, the petition shall be dismissed.
History:
[67-4905, added 1959, ch. 137, sec. 5, p. 299.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4906 - NOTICE OF HEARING ON PETITION — JURISDICTION.

67-4906. NOTICE OF HEARING ON PETITION — JURISDICTION. Immediately after the filing of such petition, the court wherein such petition is filed or a judge thereof in vacation, shall by order fix a place and time, not less than twenty (20) days nor more than forty (40) days after the petition is filed, for hearing thereon and thereupon the clerk of said court shall cause notice by publication to be made of the pendency of the petition and of the time and place of hearing thereon; the clerk of said court shall also forthwith cause a copy of said notice to be mailed by U.S. registered mail to the board of county commissioners of each of the several counties and to the governing body of each municipality having territory within the proposed district.
The district court in and for the county in which the petition for the organization of district has been filed, shall thereafter for all purposes of this act, except as hereinafter otherwise provided, maintain and have original and exclusive jurisdiction, coextensive with the boundaries of the district, and of the real property proposed to be included in said district or affected by said district without regard to the usual limits of its jurisdiction.
No judge of such court wherein such petition is filed shall be disqualified to perform any duty imposed by this act by reason of ownership of property within any proposed district.
History:
[67-4906, added 1959, ch. 137, sec. 6, p. 299.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4908 - QUALIFICATION OF MEMBERS OF BOARD.

67-4908. QUALIFICATION OF MEMBERS OF BOARD. Whenever a district has been declared duly organized, the members of the board shall qualify by filing with the clerk of court their oaths of office, and corporate surety bonds at the expense of the district in an amount not to exceed $1,000 each, the form thereof to be fixed and approved by the court, conditioned for the faithful performance of their duties as directors.
History:
[67-4908, added 1959, ch. 137, sec. 8, p. 299.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4909 - ORGANIZATION OF BOARD — ACCOUNTS OF TREASURER — COMPENSATION OF MEMBERS — ANNUAL AUDIT — REMOVAL OF DIRECTORS.

67-4909. ORGANIZATION OF BOARD — ACCOUNTS OF TREASURER — COMPENSATION OF MEMBERS — ANNUAL AUDIT — REMOVAL OF DIRECTORS. After taking oath and filing bonds, the board shall choose one (1) of its members as chairman of the board and president of the district, and shall elect a secretary and a treasurer of the board and of the district, who may or may not be members of the board. The secretary and the treasurer may be one (1) person. Such board shall adopt a seal and the secretary shall keep, in a well-bound book, a record of all its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees and all corporate acts which shall be open to inspection to all interested parties.
The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district, in permanent records. He shall file with the clerk of the court, at the expense of the district, a corporate fidelity bond in an amount not less than five thousand dollars ($5,000), conditioned on the faithful performance of the duties of his office.
Each member of the board shall receive as compensation for his service a sum not in excess of sixty dollars ($60.00) per annum. No member of the board shall receive any compensation as an employee of the district or otherwise, other than that herein provided and no member of the board shall be interested in any contract or transaction with the district except in his official representative capacity.
It shall be the duty of the board of directors to cause an audit to be made of all financial affairs of the district during each year ending November 30th as required in section 67-450B, Idaho Code.
The court having jurisdiction of the district shall have the power to remove directors for cause shown, on petition, notice and hearing.
History:
[67-4909, added 1959, ch. 137, sec. 9, p. 299; am. 1987, ch. 70, sec. 2, p. 132; am. 1992, ch. 15, sec. 1, p. 39; am. 1993, ch. 387, sec. 16, p. 1435.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4910 - MEETINGS — VACANCIES.

67-4910. MEETINGS — VACANCIES. The board shall meet regularly once each month at a time and in a place to be designated by the board. Special meetings may be held as often as the needs of the district require, on notice to each member of the board. Three (3) members of the board shall constitute a quorum at any meeting. Any vacancy on the board shall be filled by the remaining members or member of the board, the appointee to act until the next biennial election when the vacancy shall be filled by election. If the board shall fail, neglect or refuse to fill any vacancy within thirty (30) days after the same occurs, the court having jurisdiction shall fill such vacancy.
History:
[67-4910, added 1959, ch. 137, sec. 10, p. 299.]