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H0284aa,aaS.........................................by REVENUE AND TAXATION
FIRE PROTECTION DISTRICTS - Amends existing law to provide a procedure
where certain fire protection districts can increase their levy rate upon
sixty-six and two-thirds percent voter approval; and to provide a three
year sunset clause.
02/19 House intro - 1st rdg - to printing
02/22 Rpt prt - to Rev/Tax
02/25 Rpt out - to Gen Ord
03/04 Rpt out amen - to engros
03/05 Rpt engros - 1st rdg - to 2nd rdg as amen
03/08 2nd rdg - to 3rd rdg as amen
03/09 3rd rdg as amen - PASSED - 58-10-2
AYES -- Barraclough(Barraclough), Bell, Bieter, Black, Boe, Bruneel,
Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hammond,
Hansen(23), Hansen(29), Henbest, Jaquet, Judd, Kellogg, Kempton,
Kendell, Kunz, Lake, Limbaugh, Linford, Mader, Marley, Meyer,
Montgomery, Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger,
Ringo, Robison, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone,
Tilman, Tippets, Watson, Wheeler, Williams, Zimmermann, Mr Speaker
NAYS -- Alltus, Barrett, Geddes, Hornbeck, Loertscher, McKague, Sali,
Schaefer, Taylor, Wood
Absent and excused -- Jones, Trail
Floor Sponsor - Kempton
Title apvd - to Senate
03/10 Senate intro - 1st rdg as amen - to Loc Gov
03/16 Rpt out - to 14th Ord
03/17 Rpt out amen - 1st rdg - to 2nd rdg as amen
03/18 2nd rdg - to 3rd rdg as amen
Rules susp - PASSED - 29-2-4
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Ingram, Ipsen, King, Lee, McLaughlin, Noh, Richardson, Risch, Sandy,
Schroeder, Sorensen, Stegner, Stennett, Thorne, Twiggs, Wheeler
NAYS--Hawkins, Whitworth
Absent and excused--Crow, Keough, Parry, Riggs
Floor Sponsor - Stegner
Title apvd - to House
03/18 House concurred in Senate amens - to engros
03/19 Rpt engros - 1st rdg - to 2nd rdg as amen
Rules susp - PASSED - 60-0-10
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Bruneel,
Callister, Campbell, Chase, Clark, Crow, Deal, Denney, Field(13),
Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23),
Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
Kendell, Kunz, Lake, Limbaugh, Loertscher, Marley, McKague,
Meyer(Duncan), Montgomery, Moyle, Pischner, Pomeroy, Reynolds,
Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith, Smylie,
Stevenson, Stoicheff, Taylor, Tippets, Watson, Wheeler, Wood,
Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Boe, Cuddy, Ellsworth, Linford, Mader,
Mortensen, Stone, Tilman, Trail, Williams
Floor Sponsor - Kempton
Title apvd - to enrol
Rpt enrol - Sp signed - Pres signed
03/23 To Governor
03/24 Governor signed
Session Law Chapter 288
Effective: 01/01/99
H0284|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 284, As Amended, As Amended in the Senate BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO FIRE PROTECTION DISTRICTS; AMENDING SECTION 31-1420, IDAHO CODE, 3 TO PROVIDE A PROCEDURE WHERE CERTAIN FIRE PROTECTION DISTRICTS CAN 4 INCREASE THEIR LEVY RATE UPON SIXTY-SIX AND TWO-THIRDS PERCENT VOTER 5 APPROVAL AND PROVIDING A SUNSET CLAUSE; DECLARING AN EMERGENCY AND PROVID- 6 ING RETROACTIVE APPLICATION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 31-1420, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 31-1420. LEVY. (1) Each year, immediately prior to the annual county levy 11 of taxes, the board of commissioners of each fire protection district, orga- 12 nized and existing under this act, may levy a tax upon all the taxable prop- 13 erty within the boundaries of such district sufficient to defray the cost of 14 equipping and maintaining the district, not exceeding sixteen hundredths per- 15 cent (.16%) of market value for assessment purposes, provided, districts hav- 16 ing a population in excess of two thousand five hundred (2,500) may levy a 17 total tax of twenty-four hundredths percent (.24%) of market value for assess- 18 ment purposes, to be used for the purposes of this act and for no other pur- 19 pose. The levy shall be made by resolution entered upon the minutes of the 20 board of commissioners of the fire protection district, and it shall be the 21 duty of the secretary of the district, immediately after entry of the resolu- 22 tion in the minutes, to transmit to the county auditor, county assessor and 23 state board of equalization certified copies of the resolution providing for 24 such levy. Said taxes shall be collected as provided by section 63-812, Idaho 25 Code. 26 (2) If two (2) or more fire protection districts consolidate into one (1) 27 district, the provisions of section 63-802, Idaho Code, shall apply to the 28 consolidated district's budget request as if the former district which, in the 29 year of the consolidation, has the higher levy subject to the limitations of 30 section 63-802, Idaho Code, had annexed the other district or districts. In 31 addition, the consolidated district shall receive the benefit of foregone 32 increases accumulated by the former districts under section 63-802(1)(a), 33 Idaho Code. 34 (3) Notwithstanding the provisions of section 63-802, Idaho Code, 35 fire protection districts adversely impacted by abnormally low levies at the 36 time of enactment of section 63-2220A, Idaho Code, and recodified as section 37 63-802, Idaho Code, may seek voter approval to reach a statewide fire protec- 38 tion district levy average as follows: 39 (a) If the immediate prior year's levy is less than 0.0005, fire protec- 40 tion districts with populations of two thousand five hundred (2,500) or 41 less may increase the operations and maintenance portion of their budgets 42 by an amount not to exceed the difference between 0.0005 and the actual 43 prior year's levy multiplied by the prior year's market value for assess- 2 1 ment purposes. The additional budget amount must be approved by sixty-six 2 and two-thirds percent (66 2/3%) of the voters voting on the question at 3 an election called for that purpose and held on the dates provided by sec- 4 tion 34-106, Idaho Code. If approved by the voters, the additional budget 5 amount may be included in each succeeding annual budget. 6 (b) If the immediate prior year's levy is less than 0.0012, fire dis- 7 tricts with populations in excess of two thousand five hundred (2,500) may 8 increase the operations and maintenance portion of their budgets by an 9 amount not to exceed the difference between 0.0012 and the actual prior 10 year's levy multiplied by the prior year's market value for assessment 11 purposes. The additional budget amount must be approved by sixty-six and 12 two-thirds percent (66 2/3%) of the voters voting on the question at an 13 election called for that purpose and held on the dates provided by section 14 34-106, Idaho Code. If approved by the voters, the additional budget 15 amount may be included in each succeeding annual budget. 16 The provisions of this subsection shall be null, void and of no force and 17 effect on and after January 1, 2002. 18 SECTION 2. 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, 1999.
AH0284|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Gould Seconded by Kempton IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 284 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 39, delete " Fire " and 3 insert: " If the immediate prior year's levy is less than 0.0005, fire 4 ". 5 On page 2, in line 5, delete " Fire " and insert: " If the 6 immediate prior year's levy is less than 0.0012, fire ". Moved by Frasure Seconded by Thorne IN THE SENATE SENATE AMENDMENT TO H.B. NO. 284, As Amended 7 AMENDMENTS TO SECTION 1 8 On page 2 of the engrossed bill, in line 1, delete " sixty " 9 and insert: " sixty-six and two-thirds "; in line 2, delete " 10 (60%) " and insert: " (66 2/3%) "; in line 11, delete " 11 sixty " and insert: " sixty-six and two-thirds "; and in line 12 12, delete " (60%) " and insert: " (66 2/3%) ". 13 CORRECTION TO TITLE 14 On page 1, in line 4, delete "SIXTY" and insert: "SIXTY-SIX AND TWO- 15 THIRDS".
STATEMENT OF PURPOSE
RS09106
At the time 63-2220A (recodified as 63-802), Idaho Code, was passed
by the Idaho Legislature, some fire districts operating under
provisions of Section 31-1420, Idaho Code, were operating at
extremely low tax levies. Today some of those fire districts are in
danger of not being able to meet operational requirements for their
fire district. This legislation will allow such districts the
opportunity to bring their levies to a required operational level
without exceeding the original provisions of Section 31-1420, Idaho
Code.
FISCAL NOTE
No fiscal impact to the State. There will be a fiscal impact for
property owners in the district, but approval of a levy increase
will require 60% approval of voters who vote on the question.
CONTACT: Rep. Jim Kempton
208/332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 284