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H0079...............................................by REVENUE AND TAXATION
RESORT COUNTY - LOCAL OPTION SALES TAX - Amends existing law relating to
resort county local option sales or use tax to clarify which are to be
distributed through the county property tax relief fund; and to require
discontinuation of the approved tax if the purpose or purposes are met.
01/22 House intro - 1st rdg - to printing
01/23 Rpt prt - to Rev/Tax
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 79
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO RESORT COUNTY LOCAL OPTION SALES OR USE TAX; AMENDING SECTION
3 63-2604, IDAHO CODE, TO CLARIFY THE MONEYS TO BE DISTRIBUTED THROUGH THE
4 COUNTY PROPERTY TAX RELIEF FUND; AND AMENDING SECTION 63-2605, IDAHO CODE,
5 TO REQUIRE DISCONTINUATION OF AN APPROVED TAX IF THE PURPOSE OR PURPOSES
6 ARE MET.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 63-2604, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 63-2604. COUNTY PROPERTY TAX RELIEF FUND. (1) Any resort county which
11 implements a sales or use tax pursuant to this chapter shall create and estab-
12 lish in the office of the county treasurer a county property tax relief fund
13 into which shall be placed a minimum of fifty percent (50%) of any revenue
14 received from the county sales or use tax. On or before the Tuesday following
15 the first Monday in September of each year, the county treasurer shall submit
16 to the board of county commissioners and the state tax commission a statement
17 showing the balance in the county property tax relief fund as of September 1
18 of that year.
19 (2) No later than October 10, the balance, including any interest earned,
20 in the county property tax relief fund, as of September 1, shall be distrib-
21 uted to the county and any cities within the county entitled to receive reve-
22 nues from the county sales or use tax. Moneys distributed shall be in an
23 amount proportional to the percentage the previous year's property tax portion
24 of the budget subject to the limitations of section 63-802, Idaho Code, for
25 the county and each city bears to the previous year's total property tax por-
26 tion of the budget subject to the limitations of section 63-802, Idaho Code,
27 for the county and all cities in the county.
28 (3) The dollar amount subject to the limitations of section 63-802, Idaho
29 Code, shall be the sum of the dollar amount of the portion of property taxes
30 certified to the board of county commissioners under section 63-804, Idaho
31 Code, and subject to the limitations of section 63-802, Idaho Code, as if no
32 county property tax relief fund moneys were to be distributed, and the dollar
33 amount to be received from the property tax relief fund. The division of the
34 resulting sum by the value subject to taxation is a quotient that shall not
35 exceed the levy limits prescribed by Idaho Code. If these limitations are
36 exceeded, the board of county commissioners shall reduce any applicable budget
37 request to comply with this section. The levy set to fund this portion of the
38 budget shall be calculated based on the budget subject to the limitations of
39 section 63-802, Idaho Code, less the money to be received from the county
40 property tax relief fund.
41 SECTION 2. That Section 63-2605, Idaho Code, be, and the same is hereby
42 amended to read as follows:
2
1 63-2605. GENERAL PROVISIONS. Any ordinance assessing a tax pursuant to
2 this chapter shall contain a finding by the board of county commissioners
3 based upon evidence presented to it that the conditions set forth in section
4 63-2602, Idaho Code, exist and shall provide the methods for reporting and
5 collecting taxes due. Taxes collected pursuant to any such ordinance shall be
6 remitted to the county official designated in such ordinance or other such
7 official contracting, pursuant to this chapter, with the county to provide
8 collection services, and shall constitute revenue of the county available for
9 any lawful purpose approved by county voters subject to the provisions of this
10 chapter. In any election, the ordinance submitted to county voters shall: (1)
11 state and define the sales or use tax to be approved; (2) state the exact rate
12 of the tax to be assessed; (3) state the exact purpose or purposes for which
13 the revenues derived from the sales or use tax shall be used; (4) state the
14 manner and formula by which any portion of the tax revenue collected shall be
15 distributed to cities within the resort county; and (5) state the duration of
16 the tax which shall not be in excess of ten (10) years. No tax shall be rede-
17 fined, no rate shall be increased, no purpose shall be modified, and no dura-
18 tion shall be extended without subsequent approval of county voters. If the
19 revenue derived from the tax exceeds projections such that the purpose or pur-
20 poses for which the tax was approved are met before the duration which was
21 originally projected, the tax shall be discontinued. The county clerk of any
22 county adopting an ordinance, or any amendment thereto, shall forward a copy
23 of the ordinance or amendment to the state controller, the chairman of the
24 state tax commission and the chairman of the state board of tax appeals.
STATEMENT OF PURPOSE
RS 10692
This legislation relates to resort county local option sales tax.
It amends section ID 63-2604 so that the interest earned on the
funds in the property tax relief fund are dedicated to the
property tax relief fund. Also it amends ID 63-2605 so that once
the total dollars collected are equal to the cost of the project,
the collection of the tax will be discontinued.
FISCAL IMPACT
None
Contact
Name: Representative Jim Clark
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H79