2004 Legislation
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HOUSE BILL NO. 716 – Property tax exmptn, over age 70

HOUSE BILL NO. 716

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Bill Status


H0716...............................................by REVENUE AND TAXATION
PROPERTY TAX EXEMPTION - Adds to existing law to provide an exemption from
property tax, which must be applied for annually, for an individual aged
seventy years or older who is the record owner holding title in fee simple,
or who has retained or been granted a life estate, and who occupies the
homestead as the individual's primary dwelling place.
                                                                        
02/17    House intro - 1st rdg - to printing
02/18    Rpt prt - to Rev/Tax

Bill Text

                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 716
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO EXEMPTIONS FROM TAXATION; AMENDING  CHAPTER  6,  TITLE  63,  IDAHO
  3        CODE, BY THE ADDITION OF A NEW SECTION 63-602HH, IDAHO CODE, TO PROVIDE AN
  4        EXEMPTION  FROM PROPERTY TAX OF ONE HUNDRED FIFTY THOUSAND DOLLARS OF MAR-
  5        KET VALUE FOR ASSESSMENT PURPOSES FOR THE OWNER-OCCUPIED HOMESTEAD  OF  AN
  6        INDIVIDUAL  SEVENTY  YEARS OF AGE OR OLDER WHO IS THE RECORD OWNER HOLDING
  7        TITLE IN FEE SIMPLE OR WHO HAS RETAINED OR BEEN GRANTED A LIFE ESTATE, AND
  8        WHO OCCUPIES THE HOMESTEAD AS THE INDIVIDUAL'S PRIMARY DWELLING PLACE; AND
  9        PROVIDING AN EFFECTIVE DATE.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION 1.  That Chapter 6, Title 63, Idaho Code,  be,  and  the  same  is
 12    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 13    ignated as Section 63-602HH, Idaho Code, and to read as follows:
                                                                        
 14        63-602HH.  PROPERTY EXEMPT FROM TAXATION -- ELIGIBILITY BY AGE  OF  APPLI-
 15    CANT,  OWNERSHIP  AND  OCCUPATION OF HOMESTEAD. (1)  The following property is
 16    exempt from taxation if an application has been submitted  and  the  exemption
 17    has been approved as provided in this section: one hundred fifty thousand dol-
 18    lars  ($150,000)  of market value for assessment purposes after application of
 19    the exemption in section 63-602G, Idaho Code, of an  owner-occupied  homestead
 20    used  as  the  primary dwelling place of an individual who is at least seventy
 21    (70) years of age and who is the record owner holding title in fee  simple  or
 22    who has retained or been granted a life estate.
 23        (2)  An  application  for  property  tax exemption under the provisions of
 24    this section shall be filed in the office of the county assessor between Janu-
 25    ary 1 and April 15 of each year for which the exemption is requested, provided
 26    the homestead is occupied after January 1 and before April 15.  The  applicant
 27    shall certify to the county assessor that:
 28        (a)  He is making application for the exemption allowed by this section;
 29        (b)  The homestead is his primary dwelling place;
 30        (c)  He  is  the  record  owner  holding  title  in  fee simple or who has
 31        retained or been granted a life estate;
 32        (d)  He is at least seventy (70) years of age on or before April 15 of the
 33        year in which the application for exemption is filed; and
 34        (e)  He has not made application in any other county  for  the  exemption,
 35        and  has  not made application for the exemption on any other homestead in
 36        the county.
 37        (3)  Any application filed shall be signed by the applicant or by any per-
 38    son or entity described in section 63-711(3),  Idaho  Code.  By  signing  such
 39    application,  the  applicant, or the person or entity signing such application
 40    shall attest to the truth of such application, and shall  be  subject  to  the
 41    penalties  provided  by  section  18-5401, Idaho Code, for stating as true any
 42    material fact known to be false. All applications shall be made on forms  pre-
 43    scribed  by  the state tax commission and shall be in triplicate. One (1) copy
                                                                        
                                           2
                                                                        
  1    of the form shall be provided to the applicant or the person or entity  acting
  2    on  behalf  of  the  applicant, one (1) copy shall be kept for all county pur-
  3    poses, and one (1) copy shall be forwarded to the state  tax  commission  with
  4    the property tax reduction roll.
  5        (4)  The  county  assessor  shall  examine  each application and determine
  6    whether it is in conformity with the requirements of subsection  (2)  of  this
  7    section,  and shall approve or disapprove the application. The county assessor
  8    shall notify the applicant, or the person or entity acting on  behalf  of  the
  9    applicant,  in writing by May 1 if the application has been approved or disap-
 10    proved. The notice of disapproval shall declare that the applicant or the per-
 11    son or entity acting on behalf of the  applicant  may  appeal  the  assessor's
 12    decision  to  the  county  board of equalization, and shall state the time and
 13    place that the county board of equalization shall meet for such  purposes.  In
 14    considering  any  appeal of the assessor's decision, the board of equalization
 15    may affirm or reject the assessor's decision. The decision  of  the  board  of
 16    equalization  shall  be  final, except that within thirty (30) days the appli-
 17    cant, or any person or entity acting on behalf of the applicant, may appeal to
 18    the district court on matters of law, and may appeal the decision of the board
 19    of equalization when the board has acted arbitrarily. The  applicant,  or  the
 20    person  or entity acting on behalf of the applicant, shall be notified immedi-
 21    ately, in writing, of the board of equalization's action on his appeal to it.
 22        (5)  The exemption allowed by section 63-602G, Idaho Code, must  be  taken
 23    before  the exemption granted under the provisions of this section is applied;
 24    and the exemption allowed in this section is  in  addition  to  the  exemption
 25    granted under section 63-602G, Idaho Code.
 26        (6)  The  exemption  granted  under  the  provisions of this section shall
 27    become effective on the first day of January of the year in which the applica-
 28    tion is filed, is effective only for the tax year in which the application for
 29    exemption is filed and approved, and shall exempt from property  taxation  one
 30    hundred  fifty thousand dollars ($150,000) of market value for assessment pur-
 31    poses of the homestead, based upon the current year's  assessed  value,  after
 32    application of the provisions of section 63-602G, Idaho Code.
 33        (7)  If  an  applicant  dies  after having filed a timely application, the
 34    exemption  shall  be  allowed  to  his  personal  representative,  if  one  is
 35    appointed, or to surviving heirs or to the trust or other  entity  owning  the
 36    property, as appropriate, for that tax year only.
 37        (8)  For  the purpose of this section, the definition of "homestead" shall
 38    have the same meaning as set forth in section 63-701(2), Idaho Code.
 39        (9)  For the purpose of this section, the definition of  "occupied"  shall
 40    have the same meaning as set forth in section 63-701(6), Idaho Code.
 41        (10) For  the purpose of this section, the definition of "primary dwelling
 42    place" shall have the same meaning as set forth in  section  63-701(8),  Idaho
 43    Code.
 44        (11) The legislature declares that this exemption is necessary and just.
                                                                        
 45        SECTION  2.  This act shall be in full force and effect on and after Janu-
 46    ary 1, 2005.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                            RS 13836C2


     The legislation provides that the owner-occupied homestead
used as the primary dwelling place of an individual who is at
least seventy (70) years of age, and who is the record owner
holding title or who has retained or been granted a life estate,
may apply for an exemption from the tax on that property each
year.  If the owner dies, after the exemption has been approved,
it shall be in force for the rest of the year.


                          FISCAL IMPACT

     Positive impact on state general fund.  However, it will
cause a shift of the tax burden at the county level.  


Contact
Name: Rep McKague 
Phone: 208-332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                     H 716