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H0418...............................................by REVENUE AND TAXATION SCHOOLS - Amends existing law to reduce the amount that may be levied for school maintenance and operation levies; to revise the local school district's contribution calculation for school formula purposes; to revise how property tax replacement moneys are calculated; and to provide an annual three percent growth factor. 01/19 House intro - 1st rdg - to printing 01/20 Rpt prt - to Rev/Tax
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 418 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO PROPERTY TAXATION; AMENDING SECTION 33-802, IDAHO CODE, TO REDUCE 3 THE AMOUNT THAT MAY BE LEVIED FOR SCHOOL MAINTENANCE AND OPERATION LEVIES; 4 AMENDING SECTION 33-1002, IDAHO CODE, TO REVISE THE LOCAL SCHOOL 5 DISTRICT'S CONTRIBUTION CALCULATION FOR SCHOOL FORMULA PURPOSES AND TO 6 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 33-1002D, IDAHO CODE, TO 7 REVISE HOW PROPERTY TAX REPLACEMENT MONEYS ARE CALCULATED AND TO PROVIDE 8 AN ANNUAL THREE PERCENT GROWTH FACTOR; TO PROVIDE SEVERABILITY; DECLARING 9 AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 33-802, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 33-802. SCHOOL LEVIES. Any tax levied for school purposes shall be a lien 14 on the property against which the tax is levied. The board of trustees shall 15 determine the levies upon each dollar of taxable property in the district for 16 the ensuing fiscal year as follows: 17 1. Bond, Interest and Judgment Obligation Levies. Such levies as shall be 18 required to satisfy all maturing bond, bond interest, and judgment obliga- 19 tions. 20 2. Maximum School Maintenance and Operation Levies. Such levies for main- 21 taining and operating the schools of the district and for the payment of 22 tuition and transportation, thatdo not exceed an amount equal to four-tenths23of one percent (.4%) during tax year 1994, anddo not exceed an amount equal 24 tothree-tenthsfifteen hundredths of one percent (.315%) during tax year199525 2006 and thereafter plus the percentage calculated in section 33-1002, Idaho 26 Code, applied to the actual or adjusted market value for assessment purposes 27 of the district as such valuation existed on December 31 of the previous year, 28 but allowances necessary as a credit for prepaid taxes, as provided in section 29 63-1607, Idaho Code, shall not be included in such maximum levies. Provided 30 however, that in the event property within a district's boundaries is con- 31 tained in a revenue allocation area established under chapter 29, title 50, 32 Idaho Code, and such revenue allocation area has given notice of termination 33 thereunder, then, only for the purpose of determining the levy described in 34 this subsection, the district may add the increment value, as defined in sec- 35 tion 50-2903, Idaho Code, to the actual or adjusted market value for assess- 36 ment purposes of the district as such value existed on December 31 of the pre- 37 vious year. 38 3. Authorized School Maintenance and Operation Levies. Such levies for 39 maintaining and operating the schools of the district and for the payment of 40 tuition and transportation that do not exceed one hundred eleven percent 41 (111%) of the local district's contribution authorized in subsection 2. of 42 section 33-1002, Idaho Code. Implementation of the provisions of this subsec- 43 tion shall be authorized only after approval by a majority of the district's 2 1 electors voting on the question. Levies otherwise authorized by law shall not 2 require an election. 3 4. Supplemental Maintenance and Operation Levies. No levy in excess of 4 the levy permitted by subsection 2. or 3. of this section shall be made by a 5 noncharter school district unless such a supplemental levy in a specified 6 amount and for a specified time not to exceed two (2) years be first autho- 7 rized through an election held pursuant to chapter 4, title 33, Idaho Code, 8 and approved by a majority of the district electors voting in such election. A 9 levy approved pursuant to this subsection may be reduced by a majority vote of 10 the board of trustees in the second year. 11 5. Charter District Supplemental Maintenance and Operation. Levies pursu- 12 ant to the respective charter of any such charter district shall be first 13 authorized through an election held pursuant to chapter 4, title 33, Idaho 14 Code, and approved by a majority of the district electors voting in such elec- 15 tion. 16 6. The Local District Contribution. The local school district contribu- 17 tion levy is the amount utilized for calculating local district participation 18 in the educational foundation program, which is applied to the adjusted market 19 value for assessment purposes, as such valuation existed on December 31 of the 20 previous year, together with the increment value, as defined in section 21 50-2903, Idaho Code, if applicable under the circumstance described in subsec- 22 tion 2. of this section, relating to termination of a revenue allocation area. 23 7. The board of trustees of any school district that has, for at least 24 seven (7) consecutive years, been authorized through an election held pursuant 25 to chapter 4, title 33, Idaho Code, to certify a supplemental levy that has 26 annually been equal to or greater than twenty percent (20%) of the total gen- 27 eral maintenance and operation fund, may submit the question of an indefinite 28 term supplemental levy to the electors of the school district. Such question 29 shall clearly state the dollar amount that will be certified annually and that 30 the levy will be for an indefinite number of years. The question must be 31 approved by a majority of the district electors voting on the question in an 32 election held pursuant to chapter 4, title 33, Idaho Code. The levy approved 33 pursuant to this subsection may be reduced by a majority vote of the board of 34 trustees during any fiscal year. 35 SECTION 2. That Section 33-1002, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 33-1002. EDUCATIONAL SUPPORT PROGRAM. The educational support program is 38 calculated as follows: 39 1. State Educational Support Funds. Add the state appropriation, includ- 40 ing the moneys available in the public school income fund, together with all 41 miscellaneous revenues to determine the total state funds. 42 2. From the total state funds subtract the following amounts needed for 43 state support of special programs provided by a school district: 44 a. Pupil tuition-equivalency allowances as provided in section 33-1002B, 45 Idaho Code; 46 b. Transportation support program as provided in section 33-1006, Idaho 47 Code; 48 c. Feasibility studies allowance as provided in section 33-1007A, Idaho 49 Code; 50 d. The approved costs for border district allowance, provided in section 51 33-1403, Idaho Code, as determined by the state superintendent of public 52 instruction; 53 e. The approved costs for exceptional child approved contract allowance, 3 1 provided in subsection 2. of section 33-2004, Idaho Code, as determined by 2 the state superintendent of public instruction; 3 f. Certain expectant and delivered mothers allowance as provided in sec- 4 tion 33-2006, Idaho Code; 5 g. Salary-based apportionment calculated as provided in sections 33-1004 6 through 33-1004F, Idaho Code; 7 h. Unemployment insurance benefit payments according to the provisions of 8 section 72-1349A, Idaho Code; 9 i. For expenditure as provided by the public school technology program; 10 j. For the support of provisions that provide a safe environment condu- 11 cive to student learning and maintain classroom discipline, an allocation 12 of $300 per support unit; and 13 k. Any additional amounts as required by statute to effect administrative 14 adjustments or as specifically required by the provisions of any bill of 15 appropriation; 16 to secure the state educational support funds. 17 3. Local Districts' Contribution Calculation. Without including any 18 allowance as a credit for prepaid taxes as provided by section 63-1607, Idaho 19 Code, the local districts' contribution shall be the amount appropriated pur- 20 suant to section 33-1002D, Idaho Code, plusthree-tenthsfifteen hundredths 21 percent (.315%) during fiscal year 20036-047 and each year thereafter,of22 plus an amount calculated as follows: A percentage multiplied by the total 23 state adjusted market value for assessment purposes for the previous year with 24 such value being determined by the provisions of section 63-315, Idaho Code, 25 which shall raise an amount that is one hundred three percent (103%) of the 26 amount raised statewide the previous fiscal year by applying the maintenance 27 and operation levy to the total state adjusted market value for assessment 28 purposes for the previous year with such value being determined by the provi- 29 sions of section 63-315, Idaho Code, and four-tenths percent (.4%) during fis- 30 cal year 1994-95 and each year thereafter, of the cooperative electrical asso- 31 ciations' property values that have been derived from the taxes paid in lieu 32 ofad valoremproperty taxes for the previous year as provided in section 33 63-3502, Idaho Code. 34 4. Educational Support Program Distribution Funds. Add the local dis- 35 tricts' contribution, subsection 3. of this section, and the state educational 36 support program funds, subsection 1. of this section, together to secure the 37 total educational support program distribution funds. 38 5. Average Daily Attendance. The total state average daily attendance 39 shall be the sum of the average daily attendance of all of the school dis- 40 tricts of the state. The state board of education shall establish rules set- 41 ting forth the procedure to determine average daily attendance and the time 42 for, and method of, submission of such report. Average daily attendance calcu- 43 lation shall be carried out to the nearest hundredth. Computation of average 44 daily attendance shall also be governed by the provisions of section 33-1003A, 45 Idaho Code. 46 6. Support Units. The total state support units shall be determined by 47 using the tables set out hereafter called computation of kindergarten support 48 units, computation of elementary support units, computation of secondary sup- 49 port units, computation of exceptional education support units, and computa- 50 tion of alternative school secondary support units. The sum of all of the 51 total support units of all school districts of the state shall be the total 52 state support units. 4 1 COMPUTATION OF KINDERGARTEN SUPPORT UNITS 2 Average Daily 3 Attendance Attendance Divisor Units Allowed 4 41 or more .... 40....................... 1 or more as computed 5 31 - 40.99 ADA.... -....................... 1 6 26 - 30.99 ADA.... -....................... .85 7 21 - 25.99 ADA.... -....................... .75 8 16 - 20.99 ADA.... -....................... .6 9 8 - 15.99 ADA.... -....................... .5 10 1 - 7.99 ADA.... -....................... count as elementary 11 COMPUTATION OF ELEMENTARY SUPPORT UNITS 12 Average Daily 13 Attendance Attendance Divisor Minimum Units Allowed 14 300 or more ADA........................................ 15 15 ..23...grades 4,5 & 6.... 16 ..22...grades 1,2 & 3....1994-95 17 ..21...grades 1,2 & 3....1995-96 18 ..20...grades 1,2 & 3....1996-97 19 and each year thereafter. 20 160 to 299.99 ADA... 20..................... 8.4 21 110 to 159.99 ADA... 19..................... 6.8 22 71.1 to 109.99 ADA... 16..................... 4.7 23 51.7 to 71.0 ADA... 15..................... 4.0 24 33.6 to 51.6 ADA... 13..................... 2.8 25 16.6 to 33.5 ADA... 12..................... 1.4 26 1.0 to 16.5 ADA... n/a.................... 1.0 27 COMPUTATION OF SECONDARY SUPPORT UNITS 28 Average Daily 29 Attendance Attendance Divisor Minimum Units Allowed 30 750 or more .... 18.5..................... 47 31 400 - 749.99 ADA.... 16....................... 28 32 300 - 399.99 ADA.... 14.5..................... 22 33 200 - 299.99 ADA.... 13.5..................... 17 34 100 - 199.99 ADA.... 12....................... 9 35 99.99 or fewer Units allowed as follows: 36 Grades 7-12 ......................... 8 37 Grades 9-12 ......................... 6 38 Grades 7- 9 ......................... 1 per 14 ADA 39 Grades 7- 8 ......................... 1 per 16 ADA 40 COMPUTATION OF EXCEPTIONAL EDUCATION SUPPORT UNITS 41 Average Daily 42 Attendance Attendance Divisor Minimum Units Allowed 43 14 or more .... 14.5..................... 1 or more as computed 44 12 - 13.99.... -....................... 1 45 8 - 11.99.... -....................... .75 46 4 - 7.99.... -....................... .5 47 1 - 3.99.... -....................... .25 48 COMPUTATION OF ALTERNATIVE SCHOOL SECONDARY SUPPORT UNITS 49 Pupils in Attendance Attendance Divisor Minimum Units Allowed 50 12 or more.......... 12...................... 1 or more as computed 5 1 In applying these tables to any given separate attendance unit, no school 2 district shall receive less total money than it would receive if it had a 3 lesser average daily attendance in such separate attendance unit. In applying 4 the kindergarten table to a kindergarten program of less days than a full 5 school year, the support unit allowance shall be in ratio to the number of 6 days of a full school year. The tables for exceptional education and alterna- 7 tive school secondary support units shall be applicable only for programs 8 approved by the state department of education following rules established by 9 the state board of education. Moneys generated from computation of support 10 units for alternative schools shall be utilized for alternative school pro- 11 grams. School district administrative and facility costs may be included as 12 part of the alternative school expenditures. 13 7. State Distribution Factor per Support Unit. Divide educational support 14 program distribution funds, after subtracting the amounts necessary to pay the 15 obligations specified in subsection 2. of this section, by the total state 16 support units to secure the state distribution factor per support unit. 17 8. District Share of State Funds for Educational Support Program. Ascer- 18 tain a district's share of state funds for the educational support program as 19 follows: 20 a. District Contribution Calculation. Without including any allowance as 21 a credit for prepaid taxes, as provided in section 63-1607, Idaho Code, 22 the district contribution calculation shall be the rate determined under 23 subsection 3. of this section. 24 b. District Support Units. The number of support units for each school 25 district in the state shall be determined as follows: 26 (1) Divide the actual average daily attendance, excluding students 27 approved for inclusion in the exceptional child educational program, 28 for the administrative schools and each of the separate schools and 29 attendance units by the appropriate divisor from the tables of sup- 30 port units in this section, then add the quotients to obtain the 31 district's support units allowance for regular students, kindergarten 32 through grade 12 including alternative school secondary students. 33 Calculations in application of this subsection shall be carried out 34 to the nearest tenth. 35 (2) Divide the combined totals of the average daily attendance of 36 all preschool, handicapped, kindergarten, elementary, secondary and 37 juvenile detention center students approved for inclusion in the 38 exceptional child program of the district by the appropriate divisor 39 from the table for computation of exceptional education support units 40 to obtain the number of support units allowed for the district's 41 approved exceptional child program. Calculations for this subsection 42 shall be carried out to the nearest tenth when more than one (1) unit 43 is allowed. 44 (3) The total number of support units of the district shall be the 45 sum of the total support units for regular students, subsection 46 8.b.(1) of this section, and the support units allowance for the 47 approved exceptional child program, subsection 8.b.(2) of this sec- 48 tion. 49 c. Total District Allowance Educational Program. Multiply the district's 50 total number of support units, carried out to the nearest tenth, by the 51 state distribution factor per support unit and to this product add the 52 approved amount of programs of the district provided in subsection 2. of 53 this section to secure the district's total allowance for the educational 54 support program. 55 d. District Share. To secure the district's share of state apportionment, 6 1 subtract the amount of the local district contribution calculation, sub- 2 section 3. of this section, from the amount of the total district allow- 3 ance, subsection 8.c. of this section. 4 e. Adjustment of District Share. The contract salary of every noncertifi- 5 cated teacher shall be subtracted from the district's share as calculated 6 from the provisions of subsection 8.d. of this section. 7 SECTION 3. That Section 33-1002D, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 33-1002D. PROPERTY TAX REPLACEMENT. The purpose of this section is to 10 replace a portion of the authorized school maintenance and operation property 11 tax levy with state sales tax receipts. As used in this section, the term 12 "property tax computation ratio" shall mean a ratio determined by dividing the 13 district's certified property tax maintenance and operation budget by the 14 actual or adjusted market value for assessment purposes as such values existed 15 on December 31 of the previous calendar year, together with the increment 16 value, as defined in section 50-2903, Idaho Code, if applicable under the cir- 17 cumstance described in section 33-802 2., Idaho Code, relating to termination 18 of a revenue allocation area. 19 (1) (a) In the case of a school district that had a property tax computa- 20 tion ratio of not less than four-tenths of one percent (.4%) in tax year 21 1994, that school district shall receive from the appropriations made for 22 that purpose, an amount equal to the greater of the district's actual or 23 adjusted market value for assessment purposes as such valuation existed on 24 December 31 of the previous calendar year, together with the increment 25 value, as defined in section 50-2903, Idaho Code, if applicable under the 26 circumstance described in section 33-802 2., Idaho Code, relating to ter- 27 mination of a revenue allocation area, multiplied byone-tenthtwenty-five 28 hundredths of one percent (.125%). 29 (b) In the case of a school district that had a property tax computation 30 ratio of less than four-tenths of one percent (.4%) in tax year 1994, the 31 greater of the 1992, 1993 or 1994 property tax computation ratio less 32three-tenthsfifteen hundredths of one percent (.315%) shall be designated 33 the district's base multiplier. In no case shall the base multiplier be 34 less than zero (0). Four-tenths of one percent (.4%) less the greater of 35 the district's 1992, 1993 or 1994 property tax computation ratio shall be 36 designated the district's adjustment factor. In no case shall the adjust- 37 ment factor be greater thanone-tenthtwenty-five hundredths of one per- 38 cent (.125%) or less than zero (0). Each school district's actual multi- 39 plier shall bethe base multiplier plus one-fifth (1/5) of the adjustment40factor in tax year 1995, the base multiplier plus two-fifths (2/5) of the41adjustment factor in tax year 1996, the base multiplier plus three-fifths42(3/5) of the adjustment factor in tax year 1997, the base multiplier plus43four-fifths (4/5) of the adjustment factor in tax year 1998, andthe base 44 multiplier plus the adjustment factor in tax year19992006 and beyond. 45 Each school district shall receive, from the appropriations made for that 46 purpose, an amount equal to the district's actual or adjusted market value 47 for assessment purposes as such valuation existed on December 31 of the 48 previous calendar year, together with the increment value, as defined in 49 section 50-2903, Idaho Code, if applicable under the circumstance 50 described in section 33-802 2., Idaho Code, relating to termination of a 51 revenue allocation area, multiplied by the district's actual multiplier. 52 (c) The preceding provisions of this subsection notwithstanding, appro- 53 priations from the state for the value of one-tenth of one percent (.1%) 7 1 of the greater of the district's actual or adjusted market value for 2 assessment purposes as such valuation existed on December 31 of the previ- 3 ous calendar year, together with the increment value, as defined in sec- 4 tion 50-2903, Idaho Code, if applicable under the circumstance described 5 in section 33-802 2., Idaho Code, relating to termination of a revenue 6 allocation area, shall not exceedseventy-fivetwo hundred four million 7 dollars ($75204,000,000) in any fiscal year and such amount shall be 8 increased by a growth factor of three percent (3%) per year over the 9 amount a district received the previous fiscal year.If the amount school10districts would otherwise be entitled to receive pursuant to the preceding11provisions of this subsection exceeds seventy-five million dollars12($75,000,000), then each school district shall receive its share of seven-13ty-five million dollars ($75,000,000) based on the formulas contained in14this section.15 (2) (a) Participation in this property tax reduction program is voluntary 16 for a charter district. If a charter district participates, in addition to 17 the provisions of subsection (1) of this section it shall not have a prop- 18 erty tax computation ratio that is abovethree-tenthsfifteen hundredths 19 of one percent (.315%) or the district's property tax computation ratio in 20 tax year19942006, less one-tenth of one percent (.1%), whichever is 21 greater. 22 (b) If in any year the charter district's property tax computation ratio 23 used to calculate its maintenance and operation budget is increased above 24 the limit specified in this subsection the district shall not be eligible 25 for the distribution pursuant to subsection (1) of this section for that 26 year. 27 (3) Limitations imposed upon a school district's property tax computation 28 ratio under the provisions of this section do not apply to any levy approved 29 by electors of the school district as provided by law. 30 (4) Distributions calculated as provided in this section shall be made to 31 school districts of this state in two (2) equal installments on the due dates 32 as specified in section 63-903(1), Idaho Code, for the property taxes being 33 replaced. 34 (5) For purposes of section 33-1002, Idaho Code, moneys distributed pur- 35 suant to this section shall not be included in determining total state funds. 36 SECTION 4. SEVERABILITY. The provisions of this act are hereby declared 37 to be severable and if any provision of this act or the application of such 38 provision to any person or circumstance is declared invalid for any reason, 39 such declaration shall not affect the validity of the remaining portions of 40 this act. 41 SECTION 5. An emergency existing therefor, which emergency is hereby 42 declared to exist, this act shall be in full force and effect on and after its 43 passage and approval, and retroactively to January 1, 2006.
STATEMENT OF PURPOSE RS 15497 This legislation lowers the public school property tax Maintenance & Operations (M&O) budget limit from 0.3 percent of the property tax value base to 1.5 percent of the property tax value beginning in property tax year 2006. Revenue losses to the school districts under this change will be paid from the general fund. Also, a budget growth cap is applied that limits non-voter approved school property tax budgets to 3% plus the value of new construction. This legislation provides a 3% cap statewide for school property taxes and would provide that property tax replacement would grow at a rate of 3 percent each year. FISCAL NOTE This legislation costs an estimated $204 million in revenue from the General Fund in FY 2007, $204 million plus 3% in FY 2008 and the additional 3% growth rate will be added to each FY in perpetuity. Contact Name: Rep. Dolores Crow Phone: 332-1000 Rep. Jim Clark Rep. Mike Moyle STATEMENT OF PURPOSE/FISCAL NOTE H 418