2001 Legislation
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HOUSE BILL NO. 283 – School dist, property tax replacemt

HOUSE BILL NO. 283

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H0283...............................................by REVENUE AND TAXATION
SCHOOL DISTRICTS - PROPERTY TAX REPLACEMENT - Amends existing law to place
a cap of $60,912,300 on the distribution to school districts for property
tax replacement; and to provide for transfers of money to the School Safety
and Health Revolving Loan Fund from sales tax moneys.
                                                                        
02/16    House intro - 1st rdg - to printing
02/19    Rpt prt - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 283
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SCHOOL DISTRICT FUNDS; AMENDING SECTION 33-1002D, IDAHO  CODE,  TO
  3        PROVIDE  AN  ANNUAL  AMOUNT  TO  BE DISTRIBUTED AS PROPERTY TAX RELIEF FOR
  4        SCHOOL SUPPORT, TO REVISE THE DISTRIBUTION FORMULA  TO  DISTRICTS  AND  TO
  5        PROVIDE  A  DISTRIBUTION  TO  THE  SCHOOL SAFETY AND HEALTH REVOLVING LOAN
  6        FUND; AMENDING SECTION 33-1002, IDAHO CODE, TO REVISE THE LOCAL DISTRICT'S
  7        CALCULATION CONTRIBUTION; AMENDING SECTION 63-3638, IDAHO CODE, TO PROVIDE
  8        A TRANSFER FROM THE SALES TAX RECEIPTS TO THE SCHOOL PROPERTY TAX REPLACE-
  9        MENT AND TO THE SCHOOL SAFETY AND HEALTH REVOLVING LOAN FUND,  TO  PROVIDE
 10        CORRECT  CODE REFERENCES AND TO MAKE A TECHNICAL CORRECTION; AMENDING SEC-
 11        TION 63-316, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; DECLARING AN
 12        EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Section 33-1002D, Idaho Code, be, and the same is  hereby
 15    amended to read as follows:
                                                                        
 16        33-1002D.  PROPERTY  TAX  REPLACEMENT.  The  purpose of this section is to
 17    replace a portion of the authorized school maintenance and operation  property
 18    tax  levy  with  state  sales  tax receipts. As used in this section, the term
 19    "property tax computation ratio" shall mean a ratio determined by dividing the
 20    district's certified property tax maintenance  and  operation  budget  by  the
 21    actual or adjusted market value for assessment purposes as such values existed
 22    on December 31 of the previous calendar year.
 23        (1) (a)  In the case of a school district that had a property tax computa-
 24        tion  ratio  of not less than four-tenths of one percent (.4%) in tax year
 25        1994, that school district shall receive from the appropriations made  for
 26        that  purpose,  an amount equal to the greater of the district's actual or
 27        adjusted market value for assessment purposes as such valuation existed on
 28        December 31 of the previous calendar year multiplied by one-tenth  of  one
 29        percent (.1%).
 30        (b)  In  the case of a school district that had a property tax computation
 31        ratio of less than four-tenths of one percent (.4%) in tax year 1994,  the
 32        greater of the 1992, 1993 or 1994  property  tax  computation  ratio  less
 33        three-tenths  of one percent (.3%) shall be designated the district's base
 34        multiplier. In no case shall the base multiplier be less  than  zero  (0).
 35        Four-tenths of one percent (.4%) less the greater of the district's  1992,
 36        1993  or  1994  property  tax  computation  ratio  shall be designated the
 37        district's adjustment factor. In no case shall the  adjustment  factor  be
 38        greater  than  one-tenth  of one percent (.1%) or less than zero (0). Each
 39        school district's actual multiplier shall be the base multiplier plus one-
 40        fifth (1/5) of the adjustment factor in tax year 1995, the base multiplier
 41        plus two-fifths (2/5) of the adjustment factor in tax year 1996, the  base
 42        multiplier  plus  three-fifths  (3/5) of the adjustment factor in tax year
 43        1997, the base multiplier plus four-fifths (4/5) of the adjustment  factor
                                                                        
                                           2
                                                                        
  1        in  tax  year  1998, and the base multiplier plus the adjustment factor in
  2        tax year 1999 and beyond. In tax year 2001 and each year thereafter, eEach
  3        school district shall receive, from the appropriations made for that  pur-
  4        pose  sales tax receipts transferred as provided in section 63-3638, Idaho
  5        Code, an amount equal to its pro rata share of sixty million nine  hundred
  6        twelve  thousand  three hundred dollars ($60,912,300). Tthe district's pro
  7        rata share shall be calculated based on the ratio of the  greater  of  the
  8        district's actual or adjusted market value for assessment purposes as such
  9        valuation  existed on December 31 of the previous calendar year multiplied
 10        by the district's actual multiplier to the  sum  of  the  greater  of  all
 11        school  districts' actual or adjusted market value for assessment purposes
 12        as such valuation existed on December 31 of the previous calendar year.
 13        (b)  The state shall annually deposit from the sales tax  receipts  trans-
 14        ferred as provided in section 63-3638, Idaho Code, an amount equal to one-
 15        tenth  of one percent (.1%) of all school districts' adjusted market value
 16        for assessment purposes, less the amount appropriated  pursuant  to  para-
 17        graph  (a)  of  this subsection, to the school safety and health revolving
 18        loan fund created in section 33-1017, Idaho Code.
 19        (2) (a)  Participation in this property tax reduction program is voluntary
 20        for a charter district. If a charter district participates, in addition to
 21        the provisions of subsection (1) of this section it shall not have a prop-
 22        erty tax computation ratio  that is  above  three-tenths  of  one  percent
 23        (.3%)  or the district's property tax computation ratio  in tax year 1994,
 24        less one-tenth of one percent (.1%), whichever is greater.
 25        (b)  If in any year the charter district's property tax computation  ratio
 26        used  to calculate its maintenance and operation budget is increased above
 27        the limit specified in this subsection the district  shall not be eligible
 28        for the distribution pursuant to subsection (1) of this section  for  that
 29        year.
 30        (3)  Limitations imposed upon a school district's property tax computation
 31    ratio  under  the provisions of this section do not apply to any levy approved
 32    by electors of the school district as provided by law.
 33        (4)  Distributions calculated as provided in this section shall be made to
 34    school districts of this state in two (2) equal installments on the due  dates
 35    as  specified  in  section 63-903(1), Idaho Code, for the property taxes being
 36    replaced.
 37        (5)  For purposes of section 33-1002, Idaho Code, moneys distributed  pur-
 38    suant to this section shall not be included in determining total state funds.
                                                                        
 39        SECTION  2.  That  Section 33-1002, Idaho Code, be, and the same is hereby
 40    amended to read as follows:
                                                                        
 41        33-1002.  EDUCATIONAL SUPPORT PROGRAM. The educational support program  is
 42    calculated as follows:
 43        1.  State  Educational Support Funds. Add the state appropriation, includ-
 44    ing the moneys available in the public school income fund, together  with  all
 45    miscellaneous revenues to determine the total state funds.
 46        2.  From  the  total state funds subtract the following amounts needed for
 47    state support of special programs provided by a school district:
 48        a.  Pupil tuition-equivalency allowances as provided in section  33-1002B,
 49        Idaho Code;
 50        b.  Transportation  support  program as provided in section 33-1006, Idaho
 51        Code;
 52        c.  Feasibility studies allowance as provided in section  33-1007A,  Idaho
 53        Code;
                                                                        
                                           3
                                                                        
  1        d.  The  approved costs for border district allowance, provided in section
  2        33-1403, Idaho Code, as determined by the state superintendent  of  public
  3        instruction;
  4        e.  The  approved costs for exceptional child approved contract allowance,
  5        provided in subsection 2. of section 33-2004, Idaho Code, as determined by
  6        the state superintendent of public instruction;
  7        f.  Certain expectant and delivered mothers allowance as provided in  sec-
  8        tion 33-2006, Idaho Code;
  9        g.  Salary-based  apportionment calculated as provided in sections 33-1004
 10        through 33-1004F, Idaho Code;
 11        h.  Unemployment insurance benefit payments according to the provisions of
 12        section 72-1349A, Idaho Code;
 13        i.  For programs to provide basic curricula necessary to  enable  students
 14        to  enter  academic or professional-technical postsecondary education pro-
 15        grams, an allocation of $300 per support unit for the 1994-95 school  year
 16        only;
 17        j.  For provision of teacher supplies to facilitate classroom instruction,
 18        an allocation of $200 per support unit for the 1994-95 school year only;
 19        k.  For  expenditure  as provided by the public school technology program,
 20        $10,400,000 for the 1994-95 school year;
 21        l.  For additional school innovation pilot project grants based on  recom-
 22        mendations  of  the  Idaho  school  reform  committee,  $2,000,000 for the
 23        1994-95 school year;
 24        m.  For the support of provisions that provide a safe  environment  condu-
 25        cive  to student learning and maintain classroom discipline, an allocation
 26        of $300 per support unit; and
 27        n.  Any additional amounts as required by statute to effect administrative
 28        adjustments or as specifically required by the provisions of any  bill  of
 29        appropriation;
 30    to secure the state educational support funds.
 31        3.  Local  Districts'  Contribution  Calculation.  Without  including  any
 32    allowance  as a credit for prepaid taxes as provided by section 63-1607, Idaho
 33    Code, the local districts' contribution shall be four-tenths the amount appro-
 34    priated pursuant to section 33-1002D, Idaho Code,  plus  three-tenths  percent
 35    (.43%)  during  fiscal  year 1994-95  2001-02 and each year thereafter, of the
 36    total state adjusted market value for assessment  purposes  for  the  previous
 37    year  with  such  value  being determined by the provisions of section 63-315,
 38    Idaho Code, and four-tenths percent (.4%) during fiscal year 1994-95 and  each
 39    year  thereafter,  of the cooperative electrical associations' property values
 40    that have been derived from the taxes paid in lieu of ad valorem taxes for the
 41    previous year as provided in section 63-3502, Idaho Code.
 42        4.  Educational Support Program Distribution Funds.  Add  the  local  dis-
 43    tricts' contribution, subsection 3. of this section, and the state educational
 44    support  program  funds, subsection 1. of this section, together to secure the
 45    total educational support program distribution funds.
 46        5.  Average Daily Attendance. The total  state  average  daily  attendance
 47    shall  be  the  sum  of the average daily attendance of all of the school dis-
 48    tricts of the state. The state board of education shall establish  rules  set-
 49    ting  forth  the  procedure to determine average daily attendance and the time
 50    for, and method of, submission of such report. Average daily attendance calcu-
 51    lation shall be carried out to the nearest hundredth. Computation  of  average
 52    daily attendance shall also be governed by the provisions of section 33-1003A,
 53    Idaho Code.
 54        6.  Support  Units.  The  total state support units shall be determined by
 55    using the tables set out hereafter called computation of kindergarten  support
                                                                        
                                           4
                                                                        
  1    units,  computation of elementary support units, computation of secondary sup-
  2    port units, computation of exceptional education support units,  and  computa-
  3    tion  of  alternative  school  secondary  support units. The sum of all of the
  4    total support units of all school districts of the state shall  be  the  total
  5    state support units.
                                                                        
  6                      COMPUTATION OF KINDERGARTEN SUPPORT UNITS
  7    Average Daily
  8    Attendance            Attendance Divisor             Units Allowed
  9    41 or more     ....   40.......................      1 or more as computed
 10    31 -  40.99 ADA....    -.......................      1
 11    26 -  30.99 ADA....    -.......................       .85
 12    21 -  25.99 ADA....    -.......................       .75
 13    16 -  20.99 ADA....    -.......................       .6
 14     8 -  15.99 ADA....    -.......................       .5
 15     1 -   7.99 ADA....    -.......................      count as elementary
                                                                        
 16                       COMPUTATION OF ELEMENTARY SUPPORT UNITS
 17    Average Daily
 18    Attendance            Attendance Divisor             Minimum Units Allowed
 19    300 or more ADA........................................  15
 20                        ..23...grades 4,5 & 6....
 21                        ..22...grades 1,2 & 3....1994-95
 22                        ..21...grades 1,2 & 3....1995-96
 23                        ..20...grades 1,2 & 3....1996-97
 24                              and each year thereafter.
 25    160   to  299.99 ADA... 20.....................             8.4
 26    110   to  159.99 ADA... 19.....................             6.8
 27     71.1 to  109.99 ADA... 16.....................             4.7
 28     51.7 to   71.0  ADA... 15.....................             4.0
 29     33.6 to   51.6  ADA... 13.....................             2.8
 30     16.6 to   33.5  ADA... 12.....................             1.4
 31      1.0 to   16.5  ADA... n/a....................             1.0
                                                                        
 32                        COMPUTATION OF SECONDARY SUPPORT UNITS
 33    Average Daily
 34    Attendance            Attendance Divisor             Minimum Units Allowed
 35    750 or more      .... 18.5.....................            47
 36    400 -  749.99 ADA.... 16.......................            28
 37    300 -  399.99 ADA.... 14.5.....................            22
 38    200 -  299.99 ADA.... 13.5.....................            17
 39    100 -  199.99 ADA.... 12.......................             9
 40     99.99 or fewer       Units allowed as follows:
 41             Grades 7-12  .........................             8
 42             Grades 9-12  .........................             6
 43             Grades 7- 9  .........................             1 per 14 ADA
 44             Grades 7- 8  .........................             1 per 16 ADA
                                                                        
                                           5
                                                                        
  1                  COMPUTATION OF EXCEPTIONAL EDUCATION SUPPORT UNITS
  2    Average Daily
  3    Attendance            Attendance Divisor             Minimum Units Allowed
  4    14 or more ....       14.5.....................      1 or more as computed
  5    12 -  13.99....        -.......................      1
  6     8 -  11.99....        -.......................       .75
  7     4 -   7.99....        -.......................       .5
  8     1 -   3.99....        -.......................       .25
                                                                        
  9              COMPUTATION OF ALTERNATIVE SCHOOL SECONDARY SUPPORT UNITS
 10    Pupils in Attendance  Attendance Divisor             Minimum Units Allowed
 11    12 or more..........  12......................       1 or more as computed
                                                                        
 12        In  applying these tables to any given separate attendance unit, no school
 13    district shall receive less total money than it would  receive  if  it  had  a
 14    lesser  average daily attendance in such separate attendance unit. In applying
 15    the kindergarten table to a kindergarten program of  less  days  than  a  full
 16    school  year,  the  support  unit allowance shall be in ratio to the number of
 17    days of a full school year. The tables for exceptional education and  alterna-
 18    tive  school  secondary  support  units  shall be applicable only for programs
 19    approved by the state department of education following rules  established  by
 20    the  state  board  of  education. Moneys generated from computation of support
 21    units for alternative schools shall be utilized for  alternative  school  pro-
 22    grams.  School  district  administrative and facility costs may be included as
 23    part of the alternative school expenditures.
 24        7.  State Distribution Factor per Support Unit. Divide educational support
 25    program distribution funds, after subtracting the amounts necessary to pay the
 26    obligations specified in subsection 2. of this section,  by  the  total  state
 27    support units to secure the state distribution factor per support unit.
 28        8.  District  Share of State Funds for Educational Support Program. Ascer-
 29    tain a district's share of state funds for the educational support program  as
 30    follows:
 31        a.  District  Contribution Calculation. Without including any allowance as
 32        a credit for prepaid taxes, as provided in section  63-1607,  Idaho  Code,
 33        the  district  contribution calculation shall be the rate determined under
 34        subsection 3. of this section.
 35        b.  District Support Units. The number of support units  for  each  school
 36        district in the state shall be determined as follows:
 37             (1)  Divide  the  actual average daily attendance, excluding students
 38             approved for inclusion in the exceptional child educational  program,
 39             for  the  administrative schools and each of the separate schools and
 40             attendance units by the appropriate divisor from the tables  of  sup-
 41             port  units  in  this  section,  then add the quotients to obtain the
 42             district's support units allowance for regular students, kindergarten
 43             through grade 12 including  alternative  school  secondary  students.
 44             Calculations  in  application of this subsection shall be carried out
 45             to the nearest tenth.
 46             (2)  Divide the combined totals of the average  daily  attendance  of
 47             all  preschool,  handicapped, kindergarten, elementary, secondary and
 48             juvenile detention center students  approved  for  inclusion  in  the
 49             exceptional  child program of the district by the appropriate divisor
 50             from the table for computation of exceptional education support units
 51             to obtain the number of support  units  allowed  for  the  district's
 52             approved  exceptional child program. Calculations for this subsection
 53             shall be carried out to the nearest tenth when more than one (1) unit
                                                                        
                                           6
                                                                        
  1             is allowed.
  2             (3)  The total number of support units of the district shall  be  the
  3             sum  of  the  total  support  units  for regular students, subsection
  4             8.b.(1) of this section, and the support   units  allowance  for  the
  5             approved  exceptional  child program, subsection 8.b.(2) of this sec-
  6             tion.
  7        c.  Total District Allowance Educational Program. Multiply the  district's
  8        total  number  of  support units, carried out to the nearest tenth, by the
  9        state distribution factor per support unit and to  this  product  add  the
 10        approved  amount  of programs of the district provided in subsection 2. of
 11        this section to secure the district's total allowance for the  educational
 12        support program.
 13        d.  District Share. To secure the district's share of state apportionment,
 14        subtract  the  amount of the local district contribution calculation, sub-
 15        section 3. of this section, from the amount of the total  district  allow-
 16        ance, subsection 8.c. of this section.
 17        e.  Adjustment of District Share. The contract salary of every noncertifi-
 18        cated  teacher shall be subtracted from the district's share as calculated
 19        from the provisions of subsection 8.d. of this section.
                                                                        
 20        SECTION 3.  That Section 63-3638, Idaho Code, be, and the same  is  hereby
 21    amended to read as follows:
                                                                        
 22        63-3638.  SALES TAX -- DISTRIBUTION. All moneys collected under this chap-
 23    ter, except as may otherwise be required in section 63-3203, Idaho Code, shall
 24    be distributed by the tax commission as follows:
 25        (1)  An  amount  of money shall be distributed to the state refund account
 26    sufficient to pay current refund claims. All  refunds  authorized  under  this
 27    chapter  by the commission shall be paid through the state refund account, and
 28    those moneys are continuously appropriated.
 29        (2)  Five million dollars ($5,000,000) per year is continuously  appropri-
 30    ated and shall be distributed to the permanent building fund, provided by sec-
 31    tion 57-1108, Idaho Code.
 32        (3)  Four  million eight hundred thousand dollars ($4,800,000) per year is
 33    continuously appropriated and shall be distributed to the water pollution con-
 34    trol account established by section 39-3605, Idaho Code.
 35        (4)  An amount equal to the sum required to be certified by  the  chairman
 36    of  the Idaho housing and finance association to the state tax commission pur-
 37    suant to section 67-6211, Idaho Code, in each year is  continuously  appropri-
 38    ated  and  shall be paid to any capital reserve fund, established by the Idaho
 39    housing and finance association pursuant to section 67-6211, Idaho Code.  Such
 40    amounts,  if any, as may be appropriated hereunder to the capital reserve fund
 41    of the Idaho housing and finance association shall be repaid for  distribution
 42    under  the  provisions  of  this section, subject to the provisions of section
 43    67-6215, Idaho Code, by the Idaho housing and finance association, as soon  as
 44    possible,  from  any  moneys  available  therefor and in excess of the amounts
 45    which the association determines will keep it self-supporting.
 46        (5)  An amount equal to the sum required  by  the  provisions  of  section
 47    63-709, Idaho Code, is continuously appropriated and shall be paid as provided
 48    by section 63-709, Idaho Code.
 49        (6)  An  amount  required by the provisions of chapter 53, title 33, Idaho
 50    Code. of this section
 51        (7)  An amount required by the provisions of section 33-1002D, Idaho Code.
 52        (8)  One dollar ($1.00) on each application for certificate  of  title  or
 53    initial  application  for  registration  of  a motor vehicle, snowmobile, all-
                                                                        
                                           7
                                                                        
  1    terrain vehicle or other vehicle processed by the county assessor or the Idaho
  2    transportation department excepting those applications in which any  sales  or
  3    use taxes due have been previously collected by a retailer, shall be a fee for
  4    the services of the assessor of the county or the Idaho transportation depart-
  5    ment in collecting such taxes, and shall be paid into the current expense fund
  6    of  the  county  or state highway account established in section 40-702, Idaho
  7    Code.
  8        (89)  Thirteen and three-quarters percent (13.75%) is continuously  appro-
  9    priated  and shall be distributed to the revenue sharing account which is cre-
 10    ated in the state treasury, and the moneys in the revenue sharing account will
 11    be paid by the tax commission as follows:
 12        (a)  Twenty-eight and two-tenths percent (28.2%) shall be paid to the var-
 13        ious cities as follows:
 14             (i)   Fifty percent (50%) of such amount shall be paid to the various
 15             cities, and each city shall be entitled to an amount in  the  propor-
 16             tion  that the population of that city bears to the population of all
 17             cities within the state; and
 18             (ii)  Fifty percent (50%) of such amount shall be paid to the various
 19             cities, and each city shall be entitled to an amount in  the  propor-
 20             tion  that  the preceding year's market value for assessment purposes
 21             for that city bears to the preceding year's market value for  assess-
 22             ment purposes for all cities within the state.
 23        (b)  Twenty-eight and two-tenths percent (28.2%) shall be paid to the var-
 24        ious counties as follows:
 25             (i)   One  million three hundred twenty thousand dollars ($1,320,000)
 26             shall be distributed one forty-fourth (1/44) to each of  the  various
 27             counties; and
 28             (ii)  The  balance  of such amount shall be paid to the various coun-
 29             ties, and each county shall be entitled to an amount in  the  propor-
 30             tion  that  the  population of that county bears to the population of
 31             the state;
 32        (c)  Thirty-five and nine-tenths percent (35.9%) of the  amount  appropri-
 33        ated  in  this  subsection  (89) shall be paid to the several counties for
 34        distribution to the cities and counties as follows:
 35             (i)   Each city and county which received a payment under the  provi-
 36             sions of section 63-3638(e), Idaho Code, during the fourth quarter of
 37             calendar  year  1999,  shall be entitled to a like amount during suc-
 38             ceeding calendar quarters.
 39             (ii)  If the dollar amount of money available under  this  subsection
 40             (89)(c)  in  any quarter does not equal the amount paid in the fourth
 41             quarter of calendar year 1999, each city's and county's payment shall
 42             be reduced proportionately.
 43             (iii) If the dollar amount of money available under  this  subsection
 44             (89)(c)  in any quarter exceeds the amount paid in the fourth quarter
 45             of calendar year 1999, each city and county shall be  entitled  to  a
 46             proportionately increased payment, but such increase shall not exceed
 47             one  hundred  five  percent  (105%)  of the total payment made in the
 48             fourth quarter of calendar year 1999.
 49             (iv)  If the dollar amount of money available under  this  subsection
 50             (89)(c) in any quarter exceeds one hundred five percent (105%) of the
 51             total  payment  made in the fourth quarter of calendar year 1999, any
 52             amount over and above such one hundred five percent (105%)  shall  be
 53             paid fifty percent (50%) to the various cities in the proportion that
 54             the  population  of  the  city  bears to the population of all cities
 55             within the state, and fifty percent (50%) to the various counties  in
                                                                        
                                           8
                                                                        
  1             the  proportion  that the population of a county bears to the popula-
  2             tion of the state; and
  3        (d)  Seven and seven-tenths percent (7.7%) of the amount  appropriated  in
  4        this  subsection  (89) shall be paid to the several counties for distribu-
  5        tion to special purpose taxing districts as follows:
  6             (i)   Each such district which received a payment  under  the  provi-
  7             sions of section 63-3638(e), Idaho Code, during the fourth quarter of
  8             calendar  year  1999,  shall be entitled to a like amount during suc-
  9             ceeding calendar quarters.
 10             (ii)  If the dollar amount of money available under  this  subsection
 11             (89)(d) in any quarter exceeds the amount distributed under paragraph
 12             (i)  of this subsection (89)(d), each special purpose taxing district
 13             shall be entitled to a share of the excess based  on  the  proportion
 14             each  such district's current property tax budget bears to the sum of
 15             the current property tax budgets of all such districts in the  state.
 16             The  state  tax  commission shall calculate district current property
 17             tax budgets to include any unrecovered foregone amounts as determined
 18             under section 63-802(1)(e), Idaho Code. When a special purpose taxing
 19             district is situated in more than one (1) county, the tax  commission
 20             shall  determine the portion attributable to the special purpose tax-
 21             ing district from each county in which it is situated.
 22             (iii) If special  purpose  taxing  districts  are  consolidated,  the
 23             resulting  district  is entitled to a base amount equal to the sum of
 24             the base amounts which were received in the last calendar quarter  by
 25             each district prior to the consolidation.
 26             (iv)  If   a   special   purpose  taxing  district  is  dissolved  or
 27             disincorporated, the state tax commission shall continuously distrib-
 28             ute to the board of county commissioners an amount equal to the  last
 29             quarter's  distribution prior to dissolution or disincorporation. The
 30             board of county commissioners shall determine any  redistribution  of
 31             moneys so received.
 32             (v)   Taxing districts formed after January 1, 2001, are not entitled
 33             to a payment under the provisions of this subsection (89)(d).
 34             (vi)  For purposes of this subsection (89)(d), a special purpose tax-
 35             ing  district is any taxing district which is not a city, a county or
 36             a school district.
 37        (910)  Any moneys remaining over and above those  necessary  to  meet  and
 38    reserve for payments under other subsections of this section shall be distrib-
 39    uted to the general account.
                                                                        
 40        SECTION  4.  That  Section  63-316, Idaho Code, be, and the same is hereby
 41    amended to read as follows:
                                                                        
 42        63-316.  ADJUSTMENT OF ASSESSED VALUE -- COMPLETION OF ASSESSMENT  PROGRAM
 43    BY  STATE  TAX COMMISSION -- PAYMENT OF COSTS. (1) Whenever the state tax com-
 44    mission, after a hearing, determines that any county assessor  or  the  county
 45    commissioners  in  assessing  property  in the county subject to taxation have
 46    failed to abide by, adhere to and conform with the laws of the state of  Idaho
 47    and  the  rules  of  the  state tax commission in determining market value for
 48    assessment purposes, the state tax commission shall order the county  assessor
 49    and  county commissioners of such county to make the necessary changes or cor-
 50    rections in such assessments and if the county assessor and the county commis-
 51    sioners refuse or neglect to comply with such order, the state tax  commission
 52    is  authorized  to  and  shall forthwith adjust or change the property roll in
 53    such county.
                                                                        
                                           9
                                                                        
  1        (2)  In lieu of the hearings and actions permitted in  subsection  (1)  of
  2    this section, the state tax commission shall monitor each county's implementa-
  3    tion  of  the continuing appraisal required in section 63-314, Idaho Code, and
  4    may require each county to file such reports of its progress at implementation
  5    of such continuing appraisals as the commission may  find  necessary.  In  the
  6    event  that  the  commission  finds  that  any  county  is failing to meet the
  7    requirements of section 63-314, Idaho Code,  the  commission  may  order  that
  8    county's  indexing or appraisal or reappraisal programs be conducted under the
  9    exclusive and complete control of the state tax commission and the results  of
 10    such  programs  shall  be  binding  upon the county officers of the county for
 11    which ordered. Payments for the actual cost of such  programs  shall  be  made
 12    from  the  sales  tax distribution created in section 63-3638, Idaho Code, and
 13    the amount of such payments shall be withheld from the payments otherwise made
 14    under the provisions of section 63-3638 (89)(c) and (89)(d),  Idaho  Code,  to
 15    the  county for which indexing, appraisal or reappraisal has been ordered, and
 16    this subsection shall constitute the  necessary  appropriation  to  accomplish
 17    such payments, any other provision of law notwithstanding.
                                                                        
 18        SECTION  5.  An  emergency  existing  therefor,  which emergency is hereby
 19    declared to exist, this act shall be in full force and effect on and after its
 20    passage and approval, and retroactively to January 1, 2001.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 10767
                                
The purpose of this legislation is to provide with a constant cash
flow into the School Safety and Health Revolving Loan Fund. The amount
appropriated in FY2001, $60,912,300, will be the amount appropriated
each year. The difference between the property tax replacement ID Code
33 1002D and $60,912,300 shall be placed in the School Safety and
Health Revolving Loan Fund.

                         FISCAL IMPACT
None





Contact
    Name: Rep. Jim Clark
    Phone:     332 1000
                                
                                







      




STATEMENT OF PURPOSE/FISCAL NOTE               H 283