View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0083..............................................................by CLARK TAXING DISTRICTS - Amends existing law to limit taxing districts from taking a foregone tax amount in any but the next year after the tax was foregone. 01/20 House intro - 1st rdg - to printing 01/21 Rpt prt - to Rev/Tax
H0083|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 83 BY CLARK 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, AND TO EXCLUDE THE FOREGONE AMOUNT FROM FUTURE CALCULATIONS AFTER A 5 YEAR OF INCLUSION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 63-802, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 63-802. LIMITATION ON BUDGET REQUESTS -- LIMITATION ON TAX CHARGES -- 10 EXCEPTIONS. (1) Except as provided in subsection (2) of this section for tax 11 year 1995, and each year thereafter, no taxing district shall certify a budget 12 request for an amount of property tax revenues to finance an annual budget 13 that exceeds the greater of: 14 (a) The dollar amount of property taxes certified for its annual budget 15 for any one (1) of the three (3) tax years preceding the current tax year, 16 whichever is greater, which amount may be increased by a growth factor of 17 not to exceed three percent (3%) plus the amount of revenue that would 18 have been generated by applying the levy of the previous year, not includ- 19 ing any levy described in subsection (3) of this section, to any increase 20 in market value subject to taxation resulting from new construction or 21 change of land use classification as evidenced by the value shown on the 22 new construction roll compiled pursuant to section 63-301A, Idaho Code; 23 and by the value of annexation during the previous calendar year, as cer- 24 tified by the state tax commission for market values of operating property 25 of public utilities and by the county assessor; or 26 (b) The dollar amount of property taxes certified for its annual budget 27 during the last year in which a levy was made; or 28 (c) The dollar amount of the actual budget request, if the taxing dis- 29 trict is newly created; or 30 (d) In the case of school districts, the restriction imposed in section 31 33-802, Idaho Code; or 32 (e) In the case of a nonschool district for which less than the maximum 33 allowable increase in the dollar amount of property taxes is certified 34 for annual budget purposes in any one (1) year, such a district may, in 35anythe following year, recover the foregone 36 increase by certifying, in addition to any increase otherwise allowed, an 37 amount not to exceed one hundred percent (100%) of the increase originally 38 foregone. Said additional amount shall not be included in 39 future calculations for increases as allowed; or 40 (f) In the case of cities, if the immediately preceding year's levy sub- 41 ject to the limitation provided by this section, is less than 0.004, the 42 city may increase its budget by an amount not to exceed the difference 43 between 0.004 and actual prior year's levy multiplied by the prior year's 2 1 market value for assessment purposes. The additional amount must be 2 approved by sixty percent (60%) of the voters voting on the question at an 3 election called for that purpose and held on the date in May or November 4 provided by law, and may be included in the annual budget of the city for 5 purposes of this section. 6 (2) No board of county commissioners shall set a levy, nor shall the 7 state tax commission approve a levy for annual budget purposes which exceeds 8 the limitation imposed in subsection (1) of this section, unless authority to 9 exceed such limitation has been approved by a majority of the taxing 10 district's electors voting on the question at an election called for that pur- 11 pose and held pursuant to section 34-106, Idaho Code, provided however, that 12 such voter approval shall be for a period of not to exceed two (2) years. 13 (3) The amount of property tax revenues to finance an annual budget does 14 not include revenues from nonproperty tax sources, and does not include reve- 15 nue from levies that are voter approved for bonds, override levies or supple- 16 mental levies, plant facilities reserve fund levies, school emergency fund 17 levies or for levies applicable to newly annexed property or for levies appli- 18 cable to new construction as evidenced by the value of property subject to the 19 occupancy tax pursuant to section 63-317, Idaho Code, for the preceding tax 20 year.
STATEMENT OF PURPOSE
RS08635
This bill will eliminate the "forgone 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. When the foregone balance
is taken it will not be used in future budget calculations.
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
(Phone #)332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 83