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H0476...............................................by REVENUE AND TAXATION TAXING DISTRICTS - Amends existing law to limit recovery by a taxing district of a tax increase which was allowed but not taken, to the following year. 01/15 House intro - 1st rdg - to printing 01/16 Rpt prt - to Rev/Tax
H0476|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 476 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO TAX CHARGES; AMENDING SECTION 63-802, IDAHO CODE, TO LIMIT AUTHO- 3 RIZATION OF A TAXING DISTRICT TO TAKE A FOREGONE TAX INCREASE TO THE NEXT 4 YEAR. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 63-802, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 63-802. LIMITATION ON BUDGET REQUESTS -- LIMITATION ON TAX CHARGES -- 9 EXCEPTIONS. (1) Except as provided in subsection (2) of this section for tax 10 year 1995, and each year thereafter, no taxing district shall certify a budget 11 request for an amount of property tax revenues to finance an annual budget 12 that exceeds the greater of: 13 (a) The dollar amount of property taxes certified for its annual budget 14 for any one (1) of the three (3) tax years preceding the current tax year, 15 whichever is greater, which amount may be increased by a growth factor of 16 not to exceed three percent (3%) plus the amount of revenue that would 17 have been generated by applying the levy of the previous year, not includ- 18 ing any levy described in subsection (3) of this section, to any increase 19 in market value subject to taxation resulting from new construction or 20 change of land use classification as evidenced by the value shown on the 21 new construction roll compiled pursuant to section 63-301A, Idaho Code; 22 and by the value of annexation during the previous calendar year, as cer- 23 tified by the state tax commission for market values of operating property 24 of public utilities and by the county assessor; or 25 (b) The dollar amount of property taxes certified for its annual budget 26 during the last year in which a levy was made; or 27 (c) The dollar amount of the actual budget request, if the taxing dis- 28 trict is newly created; or 29 (d) In the case of school districts, the restriction imposed in section 30 33-802, Idaho Code; or 31 (e) In the case of a nonschool district for which less than the maximum 32 allowable increase in the dollar amount of property taxes is certified 33 for annual budget purposes in any one (1) year, such a district may, in 34anythe following year, recover the foregone 35 increase by certifying, in addition to any increase otherwise allowed, an 36 amount not to exceed one hundred percent (100%) of the increase originally 37 foregone. Said additional amount shall be included in future calculations 38 for increases as allowed. 39 (2) No board of county commissioners shall set a levy, nor shall the 40 state tax commission approve a levy for annual budget purposes which exceeds 41 the limitation imposed in subsection (1) of this section, unless authority to 42 exceed such limitation has been approved by a majority of the taxing 43 district's electors voting on the question at an election called for that pur- 2 1 pose and held pursuant to section 34-106, Idaho Code, provided however, that 2 such voter approval shall be for a period of not to exceed two (2) years. 3 (3) The amount of property tax revenues to finance an annual budget does 4 not include revenues from nonproperty tax sources, and does not include reve- 5 nue from levies that are voter approved for bonds, override levies or supple- 6 mental levies, plant facilities reserve fund levies, school emergency fund 7 levies or for levies applicable to newly annexed property or for levies appli- 8 cable to new construction as evidenced by the value of property subject to the 9 occupancy tax pursuant to section 63-317, Idaho Code, for the preceding tax 10 year.
STATEMENT OF PURPOSE
RS 07399
This bill will eliminate the "foregone amount" concept in
developing budgets for taxing districts. The bill limits
the carryover period of the unused portion of growth
increase to the following year.
FISCAL NOTE
There :is no fiscal impact on the state general fund or
any political subdivision. However, this will stop the
recovering of foregone balance increases.
CONTACT: Representative Jim Clark
332-1000
STATEMENT OF PURPOSE/
FISCAL NOTE
Bill No.
H 476