View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0428...............................................by REVENUE AND TAXATION PROPERTY TAX - CIRCUIT BREAKER - Amends existing law to redefine "owner" for circuit breaker property tax relief purposes. 01/25 House intro - 1st rdg - to printing 01/26 Rpt prt - to Rev/Tax 02/08 Rpt out - rec d/p - to 2nd rdg 02/09 2nd rdg - to 3rd rdg 02/11 3rd rdg - PASSED - 63-0-7 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Chase, Cheirrett, Clark, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail(Miller), Wheeler, Wood, Zimmermann, Mr Speaker NAYS -- None Absent and excused -- Campbell, Crow, Hammond, Hansen(29), Linford, Moss Pomeroy Floor Sponsor - Gagner Title apvd - to Senate 02/14 Senate intro - 1st rdg - to Loc Gov 02/24 Rpt out - rec d/p - to 2nd rdg 02/25 2nd rdg - to 3rd rdg 03/24 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Hawkins Title apvd - to House 03/27 To enrol 03/28 Rpt enrol - Sp signed 03/29 Pres signed 03/30 To Governor Governor signed Session Law Chapter 109 Effective: 01/01/00
H0428|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 428 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO THE CIRCUIT BREAKER PROPERTY TAX RELIEF; AMENDING SECTION 63-701, 3 IDAHO CODE, TO FURTHER DEFINE THE TERM "OWNER"; DECLARING AN EMERGENCY AND 4 PROVIDING RETROACTIVE APPLICATION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 63-701, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 63-701. DEFINITIONS. As used in this chapter: 9 (1) "Claimant" means a person who has filed a claim under the provisions 10 of sections 63-701 through 63-710, Idaho Code. Except as provided in section 11 63-702(2), Idaho Code, on January 1 of the year in which the claim was filed a 12 claimant must be an owner of a homestead and be: 13 (a) Not less than sixty-five (65) years old; or 14 (b) A fatherless or motherless child under the age of eighteen (18) years 15 of age; or 16 (c) A widow or widower; or 17 (d) A disabled person who is recognized as disabled by the social secu- 18 rity administration pursuant to title 42 of the United States Code, or by 19 the railroad retirement board pursuant to title 45 of the United States 20 Code, or by the office of management and budget pursuant to title 5 of the 21 United States Code; or 22 (e) A disabled veteran of any war engaged in by the United States, whose 23 disability is recognized as a service-connected disability of a degree of 24 ten percent (10%) or more, or who has a pension for nonservice-connected 25 disabilities, in accordance with laws and regulations administered by the 26 United States veterans administration; or 27 (f) A person as specified in 42 USC 1701, who was or is entitled to 28 receive benefits because he is known to have been taken by a hostile force 29 as a prisoner, hostage or otherwise; or 30 (g) Blind. 31 (2) "Homestead" means the dwelling, owner-occupied by the claimant and 32 used as the primary dwelling place of the claimant and occupied by any members 33 of the household as their home, and so much of the land surrounding it, not 34 exceeding one (1) acre, as is reasonably necessary for the use of the dwelling 35 as a home. It may consist of a part of a multidwelling or multipurpose build- 36 ing and part of the land upon which it is built. Homestead does not include 37 personal property such as furniture, furnishings or appliances, but a manufac- 38 tured home may be a homestead. 39 (3) "Household" means the claimant and any person or persons who live in 40 the same dwelling, and share its furnishings, facilities, accommodations or 41 expenses. The term includes any person owing a duty of support to the appli- 42 cant pursuant to section 32-1002, Idaho Code, unless the person qualifies as a 43 "nonhousehold member" pursuant to subsection (6) of this section. The term 2 1 does not include bona fide lessees, tenants, or roomers and boarders on con- 2 tract. "Household" includes persons described in subsection (9)(b) of this 3 section. 4 (4) "Household income" means all income received by all persons of a 5 household in a calendar year while members of the household. 6 (5) "Income" means the sum of federal adjusted gross income as defined in 7 the internal revenue code, as defined in section 63-3004, Idaho Code, and to 8 the extent not already included in federal adjusted gross income, alimony, 9 support money, income from inheritances, nontaxable strike benefits, the non- 10 taxable amount of any individual retirement account, pension or annuity, 11 (including railroad retirement benefits, all payments received under the fed- 12 eral social security act, state unemployment insurance laws, and veterans dis- 13 ability pensions and compensation, excluding rollovers as provided in section 14 402 or 403 of the internal revenue code), nontaxable interest received from 15 the federal government or any of its instrumentalities or a state government 16 or any of its instrumentalities, worker's compensation and the gross amount of 17 loss of earnings insurance. It does not include capital gains, gifts from non- 18 governmental sources or inheritances. To the extent not reimbursed, cost of 19 medical care as defined in section 213(d) of the internal revenue code, incur- 20 red by the household may be deducted from income. "Income" does not include 21 veterans disability pensions received by a person described in subsection 22 (1)(e) who is a claimant or a claimant's spouse, provided however, that the 23 disability pension is received pursuant to a service-connected disability of a 24 degree of forty percent (40%) or more. Documentation of medical expenses may 25 be required by the county assessor, board of equalization and state tax com- 26 mission. "Income" shall be that received in the calendar year immediately pre- 27 ceding the year in which a claim is filed. Where a claimant does not file a 28 federal tax return the claimant's federal adjusted gross income, for purposes 29 of this section, shall be an income equivalent to federal adjusted gross 30 income had the claimant filed a federal tax return. 31 (6) "Nonhousehold member" means any nonspouse who lives in the claimant's 32 dwelling for the purpose of providing protective oversight, caregiving, or 33 personal care services to the claimant, or who is receiving disability bene- 34 fits pursuant to subsection (1)(d) or (e) of this section, or who is over age 35 sixty-five (65) and lives in the claimant's dwelling and receives protective 36 oversight, caregiving or personal care services provided by the claimant. 37 (7) "Occupied" means actual use and possession. 38 (8) "Owner" means a person holding title in fee simple or holding a cer- 39 tificate of motor vehicle title (either of which may be subject to mortgage, 40 deed of trust or other lien) or who has retained or been granted a life estate 41 or who is a person entitled to file a claim under section 63-702, Idaho Code. 42 "Owner" shall also include any person who as grantor created a revocable or 43 irrevocable trust and named himself as beneficiary of that trust, or who is a 44 partner of a limited partnership, member of a limited liability company or 45 shareholder of a corporation which holds title in fee simple or holds a cer- 46 tificate of motor vehicle title and who has retained or been granted a life 47 estate. "Owner" shall not include any person that otherwise occupies property 48 as beneficiary of a trust. "Owner" includes a vendee in possession under a 49 land sale contract. Any partial ownership shall be considered ownership for 50 determining qualification for property tax reduction benefits, however, the 51 amount of property tax reduction under section 63-704, Idaho Code, and rules 52 promulgated pursuant to section 63-705, Idaho Code, shall be computed on the 53 value of the claimant's partial ownership. "Partial ownership," for the pur- 54 poses of this section, means any one (1) person's ownership when property is 55 owned by more than one (1) person. A person holding either partial title in 3 1 fee simple or holding a certificate of motor vehicle title together with 2 another person but who does not occupy the dwelling as his primary dwelling 3 place, shall not be considered an owner for purposes of this section, if such 4 person is a cosignatory of a note secured by the dwelling in question and at 5 least one (1) of the other cosignatories of the note occupies the dwelling as 6 his primary dwelling place. The combined community property interests of both 7 spouses shall not be considered partial ownership. The proportional reduction 8 required under this subsection shall not apply to community property inter- 9 ests. Where title to property is held by a person who has died without timely 10 filing a claim for property tax reduction, the estate shall be the "owner." 11 (9) (a) "Primary dwelling place" means the claimant's dwelling place on 12 January 1 of the year for which the claim is made. The primary dwelling 13 place is the single place where a claimant has his true, fixed and perma- 14 nent home and principal establishment, and to which whenever the individ- 15 ual is absent he has the intention of returning. A claimant must establish 16 the dwelling to which the claim relates as his primary dwelling place by 17 clear and convincing evidence or by establishing that the dwelling is 18 where the claimant resided on January 1 and: 19 (i) At least six (6) months during the prior year; or 20 (ii) The majority of the time the claimant owned the dwelling if 21 owned by the claimant less than one (1) year; or 22 (iii) The majority of the time after the claimant first occupied the 23 dwelling if occupied by the claimant less than one (1) year. 24 (b) Notwithstanding the provisions of paragraph (a) of this subsection, 25 the property upon which the claimant makes application shall be deemed to 26 be the claimant's primary dwelling place if the claimant is otherwise 27 qualified and resides in a care facility and does not allow the property 28 upon which the claimant has made application to be occupied by persons 29 paying a consideration to occupy the dwelling. A claimant's spouse who 30 resides in a care facility shall be deemed to reside at the claimant's 31 primary dwelling place and to be a part of the claimant's household. A 32 care facility is a hospital, skilled nursing facility, intermediate care 33 facility or intermediate care facility for the mentally retarded as 34 defined in section 39-1301, Idaho Code, or a facility as defined in sec- 35 tion 39-3302(16), Idaho Code, or a dwelling other than the one (1) upon 36 which the applicant makes application where a claimant who is unable to 37 reside in the dwelling upon which the application is made lives and 38 receives help in daily living, protection and security. 39 SECTION 2. An emergency existing therefor, which emergency is hereby 40 declared to exist, this act shall be in full force and effect on and after its 41 passage and approval, and retroactively to January 1, 2000.
STATEMENT OF PURPOSE R309439 This purpose of this legislation is to clarify the definition of ownership for the purpose of applying for an exemption. This legislation amends the definition of "owner" to state that a person holding partial title to a property, but whom does not occupy the property is not classified as an owner of the property for the purposes of applying for an exemption. For example, a parent may co-sign on a home for their child in order for the child to qualify for the loan on the property. Under current law, the child would only qualify for half of the full 50/50 Homeowner's Exemption, creating a tremendous inequity in the application of the 50/50 Homeowner's Exemption. The amendments as presented in this legislation would remedy that technical problem. FISCAL NOTE The fiscal impact to local School Districts would be a loss of $125,000. There would be $100,000 from the General Fund to reimburse "Circuit Breaker" expenditures. Contact: Alex LaBeau, Idaho Association of Realtors Phone: 342-3585 STATEMENT OF PURPOSE/ FISCAL IMPACT Bill No. H 428