Major business tax incentive legislation that cleared the Legislature this afternoon is being pulled back for possible reconsideration – after an Idaho Attorney General’s opinion late this afternoon raised questions about its constitutionality. You can read the opinion here; after learning of it, Senate Majority Leader Bart Davis, R-Idaho Falls, served notice of possible reconsideration. He could do that because he voted on the prevailing side – in favor of the bill, which passed 29-6. Davis said senators will need to weigh the opinion before the take the bill up again tomorrow.
The measure, HB 546, was otherwise speeding out of the Legislature to the governor’s desk; it already had passed the House. Proposed by state Commerce Director Jeff Sayer, the bill would allow existing or new businesses that create lots of new jobs that pay more than the county average wage to qualify for refundable credits equal to up to 30 percent of their corporate income, sales and payroll taxes.