2001 Legislation
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HOUSE BILL NO. 150 – Property tax, relief, claims

HOUSE BILL NO. 150

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H0150...............................................by REVENUE AND TAXATION
PROPERTY TAX - RELIEF - Amends existing law to revise definitions; to
revise exceptions to the claimant's personal right to file claims; to
revise procedures for filing claims; to provide reference to persons or
entities acting on a claimant's behalf; to delete reference to household
income; to delete the requirement of the signature by a claimant on each
approved claims form; to provide reference to claimant's spouse; to provide
reference to persons or entities acting on behalf of applicants and other
persons; and to provide for power of attorney.
                                                                        
02/05    House intro - 1st rdg - to printing
02/06    Rpt prt - to Rev/Tax
02/14    Rpt out - rec d/p - to 2nd rdg
02/15    2nd rdg - to 3rd rdg
02/19    3rd rdg - PASSED - 68-0-2
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Campbell, Chase, Clark, Collins, Crow, Cuddy,
      Deal, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
      Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet,
      Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader,
      Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
      Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan,
      Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Callister, Denney
    Floor Sponsor -- Smith, Kellogg
    Title apvd - to Senate
02/20    Senate intro - 1st rdg - to Loc Gov
02/22    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
      Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
      King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth,
      Williams,
      NAYS -- None
      Absent and excused -- Sims
03/15    To enrol
03/16    Rpt enrol - Sp signed - Pres signed
03/19    To Governor
03/20    Governor signed
         Session Law Chapter 69
         Effective: 01/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 150
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PROPERTY TAX RELIEF; AMENDING  SECTION  63-602G,  IDAHO  CODE,  TO
  3        REVISE  REQUIREMENTS  FOR  GRANTING  OF PROPERTY TAX EXEMPTION, TO PROVIDE
  4        REFERENCE TO BENEFICIARIES, PARTNERS, MEMBERS AND SHAREHOLDERS, TO PROVIDE
  5        CORRECT TERMINOLOGY, TO PROVIDE CORRECT CODE CITATIONS AND TO MAKE TECHNI-
  6        CAL CORRECTIONS; AMENDING SECTION 63-701, IDAHO CODE,  TO  REVISE  DEFINI-
  7        TIONS  AND  TO  MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 63-702, IDAHO
  8        CODE, TO REVISE EXCEPTIONS  TO  THE  CLAIMANT'S  PERSONAL  RIGHT  TO  FILE
  9        CLAIMS; AMENDING SECTION 63-703, IDAHO CODE, TO REVISE PROCEDURES FOR FIL-
 10        ING  CLAIMS; AMENDING SECTION 63-704, IDAHO CODE, TO MAKE A TECHNICAL COR-
 11        RECTION; AMENDING SECTION 63-706, IDAHO CODE, TO PROVIDE REFERENCE TO PER-
 12        SONS OR ENTITIES ACTING ON A CLAIMANT'S BEHALF; AMENDING  SECTION  63-707,
 13        IDAHO CODE, TO DELETE REFERENCE TO HOUSEHOLD INCOME, TO DELETE REQUIREMENT
 14        OF SIGNATURE BY A CLAIMANT ON EACH APPROVED CLAIMS FORM, TO PROVIDE REFER-
 15        ENCE  TO CLAIMANT'S SPOUSE AND TO PROVIDE REFERENCE TO PERSONS OR ENTITIES
 16        ACTING ON BEHALF OF CLAIMANTS; AMENDING SECTION  63-711,  IDAHO  CODE,  TO
 17        PROVIDE  REFERENCE  TO  PERSONS OR ENTITIES ACTING ON BEHALF OF APPLICANTS
 18        AND OTHER PERSONS, TO PROVIDE FOR POWER OF ATTORNEY AND TO MAKE A  TECHNI-
 19        CAL CORRECTION; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
 20    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 21        SECTION  1.  That  Section 63-602G, Idaho Code, be, and the same is hereby
 22    amended to read as follows:
                                                                        
 23        63-602G.  PROPERTY EXEMPT FROM TAXATION -- RESIDENTIAL  IMPROVEMENTS.  (1)
 24    During  the  tax  year 1983 and each year thereafter, the first fifty thousand
 25    dollars ($50,000) of the market value for assessment purposes  of  residential
 26    improvements,  or  fifty percent (50%) of the market value for assessment pur-
 27    poses of residential improvements, whichever is the lesser,  shall  be  exempt
 28    from property taxation.
 29        (2)  The exemption allowed by this section may be granted only if:
 30        (a)  The  residential improvements are owner-occupied and used as the pri-
 31        mary dwelling place of the owner as of January 1. The residential improve-
 32        ments may consist of part of a multidwelling or multipurpose building  and
 33        shall  include  all  of  such dwelling or building except any portion used
 34        exclusively for anything other than the primary dwelling of the owner. The
 35        presence of an office in an  owner-occupied  residential  property,  which
 36        office is used for multiple purposes, including business and personal use,
 37        shall  not  prevent the owner from claiming the exemption provided in this
 38        section; and
 39        (b)  The tax commission has certified to the board of county commissioners
 40        that all properties in the county which are subject to  appraisal  by  the
 41        county  assessor have, in fact, been appraised uniformly so as to secure a
 42        just valuation for all property within the county; and
 43        (c)  The owner has certified to the county assessor by April 15 that:
                                                                        
                                           2
                                                                        
  1             (i)   He is making application for the exemption allowed by this sec-
  2             tion;
  3             (ii)  That the residential  improvements  are  his  primary  dwelling
  4             place; and
  5             (iii) That  he  has  not made application in any other county for the
  6             exemption, and has not made application  for  the  exemption  on  any
  7             other residential improvements in the county.
  8        (d)  For the purpose of this section, the definition of owner shall be the
  9        same definition set forth in section 63-701(87), Idaho Code.
 10             When  an  "owner,"  pursuant  to the provisions of section 63-701(7),
 11        Idaho Code, is any person who as grantor, or whose spouse as grantor, cre-
 12        ated a revocable or irrevocable trust and was named himself or herself  as
 13        beneficiary of that trust, or who is a partner of a limited partnership, a
 14        member of a limited liability company, or shareholder of a corporation, he
 15        or  she  may provide proof of the trust, limited partnership, limited lia-
 16        bility company, or corporation with an affidavit stating: (i) the name  of
 17        the  grantor,  partner,  member  or shareholder; (ii) a statement that the
 18        grantor, or the grantor's spouse, is the beneficiary of the trust, or  the
 19        person is a partner of the limited partnership, or a member of the limited
 20        liability  company,  or  a  shareholder  of the corporation; and (iii) the
 21        grantor, the grantor's spouse,  partner,  member  or  shareholder  is  the
 22        owner-occupier  of  the  residential property and uses the property as the
 23        primary dwelling place of the owner grantor, the grantor's  spouse,  part-
 24        ner,  member  or  shareholder as of January 1; and (iv) if applicable, the
 25        person holds at least a five percent (5%) ownership in the  limited  part-
 26        nership, limited liability company or corporation.
 27             The affidavit shall include the attaching of the copies of those por-
 28        tions  of  the  trust  or  other document which set forth the grantor, the
 29        grantor or the grantor's spouse as beneficiary and the signature  page  of
 30        the  trust  or other document; those portions of the articles of organiza-
 31        tion or operating agreement of the limited  liability  company  indicating
 32        the  person's  membership in the company and the ownership percentage held
 33        by such person; those portions of the  limited  partnership  agreement  or
 34        other  records  of  the limited partnership indicating that the person has
 35        been admitted to the partnership and the ownership percentage held by such
 36        person; or those portions of the articles of incorporation indicating that
 37        the person is a shareholder of the corporation and the ownership  percent-
 38        age held by such person.
 39        (e)  Any owner may request in writing the return of all copies of any doc-
 40        uments  submitted  with  the  affidavit set forth in paragraph (d) of this
 41        subsection that are held by a county assessor, and  the  copies  shall  be
 42        returned by the county assessor upon submission of the affidavit in proper
 43        form.
 44        (f)  For  the purpose of this section, the definition of "primary dwelling
 45        place" shall be the same definition set forth in section 63-701(98), Idaho
 46        Code.
 47        (g)  For the purpose of this section, the definition of  "occupied"  shall
 48        be the same definition set forth in section 63-701(76), Idaho Code.
 49        (3)  An  owner  need  only make application for the exemption described in
 50    subsection (1) of this section once, as long as all of  the  following  condi-
 51    tions are met:
 52        (a)  The  owner  has  received the exemption during the previous year as a
 53        result of his making a valid application as defined in  subsection  (2)(c)
 54        of this section.
 55        (b)  The  owner  or beneficiary, partner, member or shareholder, as appro-
                                                                        
                                           3
                                                                        
  1        priate, still occupies the same residential improvements for which he  the
  2        owner made application.
  3        (c)  The  residential  improvements described in subsection (3)(b) of this
  4        section are owner-occupied or occupied by a beneficiary,  partner,  member
  5        or  shareholder, as appropriate, and used as the primary dwelling place of
  6        the owner or beneficiary, partner, member or shareholder, as  appropriate,
  7        as of January 1.
  8        (4)  The exemption allowed by this section must be taken before the reduc-
  9    tion  in  taxes  provided  by  sections  63-701 through 63-710, Idaho Code, is
 10    applied.
 11        (5)  The legislature declares that this exemption is necessary and just.
 12        (6)  Residential improvements having previously  qualified  for  exemption
 13    under  this  section  in the preceding year, shall not lose such qualification
 14    due to  the  owner's,  beneficiary's,  partner's,  member's  or  shareholder's
 15    absence  in  the current year by reason of active military service in a desig-
 16    nated combat zone, as defined in section 112 of the iInternal rRevenue  cCode.
 17    If  an  owner  fails to timely apply for exemption as required in this section
 18    solely by reason of active duty in a designated combat  zone,  by  the  owner,
 19    beneficiary,  partner,  member  or  shareholder, as appropriate, as defined in
 20    section 112 of the iInternal rRevenue cCode, and such improvements would  have
 21    otherwise qualified under this section, then the board of county commissioners
 22    of  the  county in which the residential improvements are located shall refund
 23    property taxes, if previously paid, in an amount equal to the exemption  which
 24    would otherwise have applied.
                                                                        
 25        SECTION  2.  That  Section  63-701, Idaho Code, be, and the same is hereby
 26    amended to read as follows:
                                                                        
 27        63-701.  DEFINITIONS. As used in this chapter:
 28        (1)  "Claimant" means a person who has filed a claim under the  provisions
 29    of  sections  63-701 through 63-710, Idaho Code. Except as provided in section
 30    63-702(2), Idaho Code, on January 1 of the year in which the claim was filed a
 31    claimant must be an owner of a homestead and be:
 32        (a)  Not less than sixty-five (65) years old; or
 33        (b)  A fatherless or motherless child under the age of eighteen (18) years
 34        of age who is fatherless or motherless or who has been  abandoned  by  any
 35        surviving parent or parents; or
 36        (c)  A widow or widower; or
 37        (d)  A  disabled  person who is recognized as disabled by the social secu-
 38        rity administration pursuant to title 42 of the United States Code, or  by
 39        the  railroad  retirement  board pursuant to title 45 of the United States
 40        Code, or by the office of management and budget pursuant to title 5 of the
 41        United States Code; or
 42        (e)  A disabled veteran of any war engaged in by the United States,  whose
 43        disability  is recognized as a service-connected disability of a degree of
 44        ten percent (10%) or more, or who has a pension  for  nonservice-connected
 45        disabilities,  in accordance with laws and regulations administered by the
 46        United States veterans administration; or
 47        (f)  A person, as specified in 42 USC 1701, who  was  or  is  entitled  to
 48        receive benefits because he is known to have been taken by a hostile force
 49        as a prisoner, hostage or otherwise; or
 50        (g)  Blind.
 51        (2)  "Homestead"  means  the  dwelling,  owner-occupied by the claimant as
 52    described in this chapter and used as the primary dwelling place of the claim-
 53    ant and may be occupied by any members of the household as their home, and  so
                                                                        
                                           4
                                                                        
  1    much  of the land surrounding it, not exceeding one (1) acre, as is reasonably
  2    necessary for the use of the dwelling as a home. It may consist of a part of a
  3    multidwelling or multipurpose building and part of the land upon  which it  is
  4    built.  Homestead  does  not include personal property such as furniture, fur-
  5    nishings or appliances, but a manufactured home may be a homestead.
  6        (3)  "Household" means the claimant and any person or persons who live  in
  7    the  same  dwelling, and share its furnishings, facilities,  accommodations or
  8    expenses. The term includes any person owing a duty of support to  the  appli-
  9    cant pursuant to section 32-1002, Idaho Code, unless the person qualifies as a
 10    "nonhousehold   member"  pursuant  to  subsection  (6)  of  this  section  the
 11    claimant's spouse. The term does not include bona fide  lessees,  tenants,  or
 12    roomers  and  boarders  on contract. "Household" includes persons described in
 13    subsection (98)(b) of this section.
 14        (4)  "Household income" means all income received  by  all  persons  of  a
 15    household  the claimant and, if applicable, the claimant's spouse, in a calen-
 16    dar year. while members of the household.
 17        (5)  "Income" means the sum of federal adjusted gross income as defined in
 18    the iInternal rRevenue cCode, as defined in section 63-3004, Idaho  Code,  and
 19    to the extent not already included in federal adjusted gross income,:
 20        (a)  Aalimony,;
 21        (b)  Ssupport money, income from inheritances,;
 22        (c)  Nnontaxable strike benefits,;
 23        (d)  Tthe  nontaxable amount of any individual retirement account, pension
 24        or annuity, (including railroad retirement benefits, all payments received
 25        under the federal social security act except  the  social  security  death
 26        benefit  as  specified  in  this  subsection, state unemployment insurance
 27        laws,  and  veterans  disability  pensions  and  compensation,   excluding
 28        rollovers  as  provided  in  section 402 or 403 of the iInternal  rRevenue
 29        cCode),;
 30        (e)  Nnontaxable interest received from the federal government or  any  of
 31        its  instrumentalities  or a state government or any of its instrumentali-
 32        ties,;
 33        (f)  Wworker's compensation; and
 34        (g)  Tthe gross amount of loss of earnings insurance.
 35    It does not include capital  gains,  gifts  from  nongovernmental  sources  or
 36    inheritances.  To  the  extent  not  reimbursed,  the  cost of medical care as
 37    defined in section 213(d) of the iInternal rRevenue cCode, incurred or paid by
 38    the  household claimant and/or, if applicable, the claimant's spouse,  may  be
 39    deducted  from  income. "Income" does not include veterans disability pensions
 40    received by a person described in subsection (1)(e) who is  a  claimant  or  a
 41    claimant's  spouse,  provided  however,  that  if  the  disability  pension is
 42    received pursuant to a service-connected disability of a degree of forty  per-
 43    cent  (40%) or more. "Income" does not include lump sum death benefits made by
 44    the social security administration pursuant to 42 U.S.C. section 402(i). Docu-
 45    mentation of medical expenses may be required by the county assessor, board of
 46    equalization and state tax commission in such form  as  the  county  assessor,
 47    board  of equalization or state tax commission shall determine. "Income" shall
 48    be that received in the calendar year immediately preceding the year in  which
 49    a  claim is filed. Where a claimant and/or the claimant's spouse does not file
 50    a federal tax return, the claimant's and/or the  claimant's  spouse's  federal
 51    adjusted gross income, for purposes of this section, shall be an income equiv-
 52    alent  to federal adjusted gross income had the claimant and/or the claimant's
 53    spouse filed a federal tax return, as determined by the county  assessor.  The
 54    county  assessor,  board  of  equalization or state tax commission may require
 55    documentation of income in such form as each shall determine,  including,  but
                                                                        
                                           5
                                                                        
  1    not  limited  to:  copies  of federal or state tax returns and any attachments
  2    thereto; and income reporting forms such as the W-2 and 1099.
  3        (6)  "Nonhousehold member" means any nonspouse who lives in the claimant's
  4    dwelling for the purpose of providing  protective  oversight,  caregiving,  or
  5    personal  assistance  services to the claimant, or who is receiving disability
  6    benefits pursuant to subsection (1)(d) or (e) of this section, or who is  over
  7    age  sixty-five (65) and lives in the claimant's dwelling and receives protec-
  8    tive oversight, caregiving or personal assistance  services  provided  by  the
  9    claimant.
 10        (7)  "Occupied" means actual use and possession.
 11        (87)  "Owner" means a person holding title in fee simple or holding a cer-
 12    tificate  of  motor vehicle title (either of which may be subject to mortgage,
 13    deed of trust or other lien) or who has retained or been granted a life estate
 14    or who is a person entitled to file a claim under section 63-702, Idaho  Code.
 15    "Owner" shall also include any person who:
 16        (a)  Aas  grantor,  or  whose  spouse  as  grantor, created a revocable or
 17        irrevocable trust and was named himself as a beneficiary of  that  trust,;
 18        or who
 19        (b)  Is  the  beneficiary of a revocable or irrevocable trust which is the
 20        owner of such homestead and under which the  claimant  or  the  claimant's
 21        spouse has the primary right of occupancy of the homestead; or
 22        (c)  Iis a partner of a limited partnership, member of a limited liability
 23        company  or  shareholder of a corporation which if such entity holds title
 24        in fee simple or holds a certificate of motor vehicle  title  and  if  the
 25        person  holds  at  least  a five percent (5%) ownership in such entity, as
 26        determined by the county assessor; or who
 27        (d)  Hhas retained or been granted a life estate.
 28    "Owner" shall not include any person that otherwise occupies property as bene-
 29    ficiary of a trust. "Owner" includes a vendee in possession under a land  sale
 30    contract. Any partial ownership shall be considered as ownership for determin-
 31    ing  initial  qualification for property tax reduction benefits,; however, the
 32    amount of property tax reduction under section 63-704, Idaho Code,  and  rules
 33    promulgated  pursuant  to section 63-705, Idaho Code, shall be computed on the
 34    value of the claimant's partial ownership. "Partial ownership," for  the  pur-
 35    poses  of  this section, means any one (1) person's ownership when property is
 36    owned by more than one (1) person or where the homestead is held by an entity,
 37    as set forth in this subsection, but more than one (1) person has the right of
 38    occupancy of such homestead. A person holding either partial title in fee sim-
 39    ple or holding a certificate of motor vehicle title together with another per-
 40    son but who does not occupy the dwelling as his primary dwelling place,  shall
 41    not  be  considered an owner for purposes of this section, if such person is a
 42    cosignatory of a note secured by the dwelling in question and at least one (1)
 43    of the other cosignatories of the note occupies the dwelling  as  his  primary
 44    dwelling  place.  The  combined  community  property interests of both spouses
 45    shall not be considered partial ownership so long as  the  combined  community
 46    property interests constitute the entire ownership of the homestead, including
 47    where  the  spouses are occupying a homestead owned by an entity, as set forth
 48    in this subsection, and the spouses have the primary right of occupancy of the
 49    homestead. The proportional reduction required under this subsection shall not
 50    apply to community property interests. Where title to property is  held  by  a
 51    person  who has died without timely filing a claim for property tax reduction,
 52    the estate of the deceased person shall be the  "owner.,"  provided  that  the
 53    time periods during which the deceased person held such title shall be attrib-
 54    uted  to  the  estate for the computation of any time periods under subsection
 55    (8)(a) or (8)(b) of this section.
                                                                        
                                           6
                                                                        
  1        (98)  (a) "Primary dwelling place" means the claimant's dwelling place  on
  2        January  1  of the year for which the claim is made. The primary  dwelling
  3        place is the single place where a claimant has his true, fixed and  perma-
  4        nent  home and principal establishment, and to which whenever the individ-
  5        ual is absent he has the intention of returning. A claimant must establish
  6        the dwelling to which the claim relates as  to  be  his  primary  dwelling
  7        place  by clear and convincing evidence or by establishing that the dwell-
  8        ing is where the claimant resided on January 1 and:
  9             (i)   At least six (6) months during the prior year; or
 10             (ii)  The majority of the time the claimant  owned  the  dwelling  if
 11             owned by the claimant less than one (1) year; or
 12             (iii) The  majority of the time after the claimant first occupied the
 13             dwelling if occupied by the claimant for less than one (1) year.  The
 14             county  assessor  may require written or other proof of the foregoing
 15             in such form as the county assessor may determine.
 16        (b)  Notwithstanding the provisions of paragraph (a) of  this  subsection,
 17        the  property upon which the claimant makes application shall be deemed to
 18        be the claimant's primary dwelling place  if  the  claimant  is  otherwise
 19        qualified  and  resides in a care facility and does not allow the property
 20        upon which the claimant has made application to  be  occupied  by  persons
 21        paying  a consideration to occupy the dwelling. Payment of utilities shall
 22        not be payment of a consideration to occupy  the  dwelling.  A  claimant's
 23        spouse  who  resides  in  a care facility shall be deemed to reside at the
 24        claimant's primary dwelling place and to  be  a  part  of  the  claimant's
 25        household. A care facility is a hospital, nursing facility or intermediate
 26        care  facility  for  the  mentally retarded as defined in section 39-1301,
 27        Idaho Code, or a facility as defined in section 39-3302(16),  Idaho  Code,
 28        or  a  dwelling other than the one upon which the applicant makes applica-
 29        tion where a claimant who is unable to reside in the dwelling  upon  which
 30        the  application  is made lives and receives help in daily living, protec-
 31        tion and security.
                                                                        
 32        SECTION 3.  That Section 63-702, Idaho Code, be, and the  same  is  hereby
 33    amended to read as follows:
                                                                        
 34        63-702.  CLAIM  IS  PERSONAL  -- EXCEPTIONS. (1) The right to file a claim
 35    under the provisions of sections 63-701 through 63-710, Idaho Code,  shall  be
 36    personal  to  the claimant and shall not survive his death except as otherwise
 37    provided in this section. Such right may be exercised on behalf  of  a  living
 38    claimant  by  an  agent  authorized  in writing to so act, or by a guardian or
 39    other representative acting pursuant to judicial authority or by any person or
 40    entity described in section 63-711(3), Idaho Code. If a  claimant  dies  after
 41    having  filed  a timely claim, the amount thereof shall be allowed to his per-
 42    sonal representative, if one is appointed, or to surviving  heirs  or  to  the
 43    trust or other entity owning the property, as appropriate.
 44        (2)  In  the case of property owned by an estate, revocable trust, irrevo-
 45    cable trust, limited partnership, limited liability  company  or  corporation,
 46    where  the  deceased person's widow or widower succeeds to the interest of the
 47    deceased person in that entity and occupies the dwelling as required  in  this
 48    chapter,  the  deceased  owner's  widow  or  widower,  or any person or entity
 49    described in section 63-711(3),  Idaho  Code,  on  behalf  of  that  widow  or
 50    widower:
 51        (a)  May  file  a claim on behalf of his or her the deceased spouse if the
 52        deceased spouse qualified or would have qualified as a claimant on January
 53        1 of the year in which the claim is filed; or
                                                                        
                                           7
                                                                        
  1        (b)  The widow or widower sShall be deemed the owner of  the  property  in
  2        any year after the year of the death of the spouse.
                                                                        
  3        SECTION  4.  That  Section  63-703, Idaho Code, be, and the same is hereby
  4    amended to read as follows:
                                                                        
  5        63-703.  PROCEDURE FOR FILING CLAIMS. (1) Any claim filed shall be  signed
  6    by  the  claimant  or  by any person or entity described in section 63-711(3),
  7    Idaho Code. By signing such claim, the claimant  or  other  person  or  entity
  8    signing  such claim shall attest to the truth of such claim, and shall be sub-
  9    ject to the penalties provided by section 18-5401, Idaho Code, for stating  as
 10    true  any  material  fact known to be false. All claims shall be made on forms
 11    prescribed by the state tax commission and shall be  in  triplicate.  One  (1)
 12    copy  of  the  form  shall be provided to the claimant or the person or entity
 13    acting on behalf of the claimant, one (1) copy shall be kept  for  all  county
 14    purposes, and one (1) copy shall be forwarded to the state tax commission with
 15    the  property  tax reduction roll. Except as provided in section 63-707, Idaho
 16    Code, the claim and its documentation shall not be deemed to be public records
 17    and may not be used for any commercial purpose; provided  however,  the  state
 18    tax commission and the county assessor may use the contents of such claims and
 19    documentation  for general statistical analysis and may publish such analysis,
 20    or any part of such analysis, as appropriate.
 21        (2)  By filing a claim, a claimant does not relinquish any right he or any
 22    member of his household may have to apply for a cancellation of property taxes
 23    pursuant to section 63-711, Idaho Code. The county commissioners may grant any
 24    such claimant, or any member of his  household,  a  cancellation  of  property
 25    taxes, late charges and interest under such section, if a claim has been filed
 26    under the provisions of sections 63-701 through 63-710, Idaho Code.
 27        (3)  If  two  (2)  or more individuals of a household are able to meet the
 28    qualifications of a claimant, they  may  decide  between  themselves  who  may
 29    obtain  a  reduction in property taxes under the provisions of sections 63-701
 30    through 63-710, Idaho Code, and shall certify such division in writing to  the
 31    county assessor in such form as the county assessor shall require, but if they
 32    do  not decide between themselves, then the reduction shall be divided equally
 33    among or between the claimants in the household or shall be divided as  deter-
 34    mined under section 63-701(7), Idaho Code, whichever is appropriate.
 35        (4)  A  claimant who requests nonhousehold member status for any nonspouse
 36    residing in the dwelling must provide a statement from  the  attending  physi-
 37    cian,  verifying  that the claimant would not be able to maintain residency in
 38    the  dwelling  in  the  absence  of  the  nonhousehold  member.  To  establish
 39    nonhousehold member status for any disabled nonspouse for  whom  the  claimant
 40    provides  care,  the claimant must provide proof of disability from the recog-
 41    nizing agency.
 42        (5)  When an "owner" is any person who as  grantor,  or  whose  spouse  as
 43    grantor,  created  a  revocable  or irrevocable trust and was named himself or
 44    herself as beneficiary of that trust, he or  she,  or  any  person  or  entity
 45    described in section 63-711(3), Idaho Code, may provide proof of the revocable
 46    or  irrevocable  trust with an affidavit stating: (i) the name of the grantor,
 47    (ii) a statement that the grantor, or the grantor's spouse, is the beneficiary
 48    of the trust, and (iii) the trust is revocable during the grantor's  lifetime,
 49    and  (iv)  the  grantor, or the grantor's spouse, is the owner-occupier of the
 50    residential property and uses the property as the primary  dwelling  place  of
 51    the owner occupier as of January 1.
 52        The  affidavit shall include the attaching of the copies of those portions
 53    of the trust which sets forth the name of  the  grantor,  the  status  of  the
                                                                        
                                           8
                                                                        
  1    grantor or the grantor's spouse as beneficiary, the revocable character of the
  2    trust  and  which contain the signature page or pages of the trust. The county
  3    assessor may require such additional documentation as is  necessary  to  carry
  4    out the provisions of this chapter including, but not limited to:
  5        (a)  Proof  of  the  current  status  of  the  entity owning the property,
  6        including statements from the secretary of state  as  to  such  status  if
  7        appropriate;
  8        (b)  Copies of any documents, or portions thereof, relating to the entity;
  9        (c)  Copies  of  any  contracts or other agreements between the entity and
 10        the claimant or the claimant's spouse; and
 11        (d)  Any other documentation which the county  assessor  determines  would
 12        aid the county assessor in carrying out the provisions of this chapter.
                                                                        
 13        SECTION  5.  That  Section  63-704, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        63-704.  AMOUNT OF PROPERTY TAX REDUCTION. (1)  Each  claimant  qualifying
 16    for  and  applying  for  a reduction in property taxes under the provisions of
 17    sections 63-701 through 63-710, Idaho Code, shall be allowed  a  reduction  in
 18    property taxes on his homestead for the current year only, in the amounts pro-
 19    vided by subsection (4) of this section.
 20        (2)  All  property taxes continue to be the responsibility of the individ-
 21    ual taxpayer, and all property taxes continue to be  perpetual  liens  against
 22    the  property  against which assessed, and all property taxes may be collected
 23    and enforced in the usual manner, if the taxpayer does not receive  any  prop-
 24    erty  tax  reduction  as  provided under sections 63-701 through 63-710, Idaho
 25    Code, or if the taxpayer receives less property tax reduction than  the  whole
 26    amount of property taxes he is charged with.
 27        (3)  The  claimant  property owner's property tax reduction shall be based
 28    upon the current year's assessed value and the current year's levy.
 29        (4)  Property tax  reductions  qualified  under  sections  63-701  through
 30    63-710, Idaho Code, shall be allowed as set out in section 2, chapter 59, laws
 31    of  1992,  and adjusted for cost-of-living fluctuations as provided in section
 32    63-705, Idaho Code.
                                                                        
 33        SECTION 6.  That Section 63-706, Idaho Code, be, and the  same  is  hereby
 34    amended to read as follows:
                                                                        
 35        63-706.  TIME  REQUIREMENTS  FOR  FILING CLAIM. (1) Any claim for property
 36    tax reduction to be granted under the provisions of  sections  63-701  through
 37    63-710,  Idaho  Code,  shall  be  filed  in  the office of the county assessor
 38    between January 1 and April 15 of each year. The county assessor shall examine
 39    each claim and determine whether it is  in  conformity  with  section  63-701,
 40    Idaho  Code,  and shall accordingly approve, modify or disapprove the claim in
 41    total at the time the application is received. Additionally, the county asses-
 42    sor shall notify the claimant, or the person or entity acting on behalf of the
 43    claimant, in writing by May 1 if his claim has been modified or has been  dis-
 44    approved.  The  notice  of  modification or disapproval shall declare that the
 45    claimant, or the person or entity acting on  behalf  of  the  claimant,    may
 46    appeal  the assessor's decision to the county board of equalization, and shall
 47    state the time and place that the county board of equalization shall meet  for
 48    such purposes.
 49        (2)  All  claims  filed with the county assessor shall be completed by him
 50    and forwarded to the county commissioners, which shall convene as a  board  of
 51    equalization, any other provision of law notwithstanding, on or before May 15,
                                                                        
                                           9
                                                                        
  1    and  shall  approve  all  claims  approved  by  the county assessor, and shall
  2    approve the action of the county assessor in  modifying  or  disapproving  all
  3    other  claims  unless  an appeal has been filed with the board of equalization
  4    prior to May 15. In considering any appeal of the assessor's decision in modi-
  5    fying or disapproving a claim,  the  board  of  equalization  may  affirm  the
  6    assessor's  decision,  may  modify  the assessor's decision, or may reject the
  7    assessor's decision and proceed to approve all or any part  of  the  claim  as
  8    submitted to the assessor originally.
  9        (3)  No informality on the part of the board of equalization shall invali-
 10    date  any action of the board. The decision of the board of equalization shall
 11    be final, except that within thirty (30) days the claimant, or any  person  or
 12    entity  acting  on behalf of the claimant, may appeal to the district court on
 13    matters of law, and may appeal the decision of the board of equalization  when
 14    the  board has acted arbitrarily. The claimant, or the person or entity acting
 15    on behalf of the claimant, shall be notified immediately, in writing,  of  the
 16    board of equalization's action on his appeal to it.
                                                                        
 17        SECTION  7.  That  Section  63-707, Idaho Code, be, and the same is hereby
 18    amended to read as follows:
                                                                        
 19        63-707.  PROCEDURE AFTER CLAIM APPROVAL. (1) Immediately after claims have
 20    been approved by the board of equalization, the county assessor shall  prepare
 21    a  property  tax  reduction  roll,  which shall be in addition to the property
 22    roll, the subsequent property roll and missed property  rolls  which  property
 23    tax reduction roll shall show:
 24        (a)  The name of the taxpayer;
 25        (b)  The  description  of  the  property for which a reduction in property
 26        taxes is claimed, suitably detailed to meet the requirements of the  indi-
 27        vidual county;
 28        (c)  The  property's  prior year's market value for assessment purposes or
 29        the assessor's best estimate of current market value for  assessment  pur-
 30        poses; and
 31        (d)  The  amount  of  tax reduction for which the applicant is eligible as
 32        determined by the applicant's household income of  the  claimant  and,  if
 33        applicable, the claimant's spouse, pursuant to sections 63-704 and 63-705,
 34        Idaho Code.
 35        (2)  As  soon  as  possible,  but in any event by no later than the fourth
 36    Monday of June, the property tax reduction roll  shall  be  certified  to  the
 37    county  auditor  and  to  the state tax commission in the manner prescribed by
 38    rules promulgated by the state tax commission. The property tax reduction roll
 39    shall be accompanied by a copy of the claim forms for disapproved claims, when
 40    requested by the state tax commission and a copy of the approved claims  form.
 41    signed by each claimant.
 42        (3)  (a) As soon as possible, but in any event by no later than the fourth
 43        Monday  of  October,  the  county  auditor shall complete the property tax
 44        reduction roll by adding the following information:
 45             (i)   The current year's levy for the code area in which the property
 46             is situated;
 47             (ii)  The amount of property tax reduction claimed based on the  cur-
 48             rent  year's    market  value for assessment purposes and the current
 49             year's levy; and
 50             (iii) The current year's market value for assessment purposes.
 51        (b)  As soon as possible, but in any event no later than the fourth Monday
 52        of October, the county auditor shall certify the  completed  property  tax
 53        reduction  roll  to  the  state tax commission in the manner prescribed by
                                                                        
                                           10
                                                                        
  1        rules promulgated by the state tax commission.
  2        (4)  The state tax commission shall calculate the total of all claims  for
  3    reduction  in  property taxes from current year's property taxes, evidenced by
  4    the abstracts and claims forms from all  the  counties.  Each  county  auditor
  5    shall  be  notified  by the third Monday in November of the amount of property
  6    tax reduction to be granted.
  7        (5)  The state tax commission may audit each and every claim submitted  to
  8    it,  and,  any  other provision of law notwithstanding, may utilize income tax
  9    returns filed by the claimant or by any member of his household the claimant's
 10    spouse to determine household the income of the  claimant  or  the  claimant's
 11    spouse.
 12        (6)  If it is determined by the state tax commission that a claim is erro-
 13    neous,  the  tax commission shall disapprove so much of the claim as necessary
 14    in order to conform with statutory standards. The tax commission shall provide
 15    the claimant, or the person or entity acting on behalf of the claimant,  writ-
 16    ten  notice  of  the tax commission's intent to disapprove all or a portion of
 17    the claim. The claimant, or the person or  entity  acting  on  behalf  of  the
 18    claimant,  shall  have  fourteen  (14) days to make written protest to the tax
 19    commission of the intended action. The claimant, or the person or entity  act-
 20    ing  on  behalf  of  the  claimant,  may submit additional information and may
 21    request an informal hearing with the commission. If the claimant, or the  per-
 22    son  or entity acting on behalf of the claimant, fails to make written protest
 23    within fourteen (14) days, the tax commission shall provide written notice  of
 24    disapproval  to  the claimant, or the person or entity acting on behalf of the
 25    claimant, by the fourth Monday of October and to the  county  auditor  of  the
 26    county  from  which  the claim was received. Any claimant, or person or entity
 27    acting on behalf of the claimant, whose claim is disapproved in  whole  or  in
 28    part by the state tax commission may:
 29        (a)  File  a  claim with the county commissioners for a  special cancella-
 30        tion pursuant to section 63-711, Idaho Code;
 31        (b)  Appeal such disapproval by the state tax commission to the  board  of
 32        tax  appeals  or  to  the district court of the county of residence of the
 33        taxpayer within thirty (30) days.
                                                                        
 34        SECTION 8.  That Section 63-711, Idaho Code, be, and the  same  is  hereby
 35    amended to read as follows:
                                                                        
 36        63-711.  CANCELLATION OF TAXES -- HARDSHIP AND CASUALTY LOSSES -- SPECIAL.
 37    (1) Property taxes may be cancelled canceled for reason of undue hardship. The
 38    commissioners  may,  at their discretion, grant such cancellation for a speci-
 39    fied time period. The commissioners may, at their discretion, cancel taxes  on
 40    property  which has been damaged by an event causing casualty loss to all or a
 41    portion of the property when the event occurs after the fourth Monday of  June
 42    or  casualty  losses  for  which the amount of loss cannot be determined until
 43    after the fourth Monday of June.
 44        (2)  Applicants seeking a cancellation pursuant to this section must apply
 45    to the county commissioners. Each applicant shall give a sworn statement  con-
 46    taining  full  and  complete information of his financial status to the county
 47    commissioners and shall make true answers to  all  questions  put  before  him
 48    touching  such  person's  right to the cancellation.  The county commissioners
 49    shall decide and determine from each examination and from each written  appli-
 50    cation  for  said  cancellation  whether or not such person is entitled to the
 51    cancellation claimed or any part thereof accordingly. In applying for  a  can-
 52    cellation  pursuant to this section, an applicant may submit an application at
 53    any time and the county commissioners may grant such  application,  either  in
                                                                        
                                           11
                                                                        
  1    whole  or  in part, at any regular meeting and the burden of proving the right
  2    of such cancellation shall rest upon the applicant.
  3        (3)  The county commissioners may, for good cause shown, allow an agent or
  4    some person or entity acting for and on behalf of the applicant  to  make  the
  5    application  for  the cancellation provided in this section for any applicant,
  6    or where a person is entitled to cancellation shall be mentally incompetent or
  7    physically unable to make such sworn statement, his or her spouse, widow, wid-
  8    ower, guardian, power of attorney, or personal representative, or other person
  9    having knowledge of the facts, may make the application for the cancellation.
 10        (4)  Any time within thirty (30) days after mailing of a decision  of  the
 11    county  commissioners,  or pronouncement of a decision announced at a meeting,
 12    or the failure of the county commissioners to act, an appeal may be  taken  to
 13    the  district  court  for  the  county  in which the property is located. Such
 14    appeal may only be filed by the property owner or by any person aggrieved,  or
 15    by  a person or entity acting on behalf of such person, when he deems any such
 16    action illegal or prejudicial to the public interest. Nothing in this  section
 17    shall be construed so as to suspend the payment of property taxes pending said
 18    appeal.
 19        Notice  of  such appeal stating the grounds thereafter shall be filed with
 20    the county auditor, who shall forthwith transmit a copy of said notice to  the
 21    county commissioners.
 22        (5)  The  county commissioners shall order all necessary adjustments to be
 23    made in the property tax records of the various  county  officers  and  taxing
 24    districts.
 25        (6)  The cancellation of property taxes which have become delinquent shall
 26    affect only those property taxes granted a cancellation by order of the county
 27    commissioners and all interest and late charges on such taxes.
                                                                        
 28        SECTION  9.  This act shall be in full force and effect on and after Janu-
 29    ary 1, 2002.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 10707
The Property Tax Reduction Benefit provisions in Section 63-701 et
seq., commonly referred to as the "Circuit Breaker", have been
patched and amended over the years without consistency. 
Additionally, a number of problems have arisen in the practical
application of the provisions.  This Bill amends the Circuit
Breaker benefit provisions to provide:

1.  Consistency in the terms used throughout these code sections.

2.  Clarify the definitions of Owner in a number of situations such
as ownership by a trust or an entity (corporation, partnership,
LLC, etc.), ownership by multiple persons, ownership by husband and
wife as community property, and so forth.  If the Owner is a trust,
the Claimant must be entitled to residence in the Homestead as a
beneficiary of the trust.  IF the Owner is an entity, the Claimant
must have a significant ownership in the entity.  Also, clarifies
procedures when an Owner dies, including when there is a surviving
spouse, and how time periods are calculated in that situation.

3.  Clarify the definitions of income.  The major change is that
only the income of the Claimant, and the spouse (if any) of the
Claimant who resides in the Homestead, will be counted in
determining whether relief should be granted.    Having the income
of other persons residing, often temporarily, in the Homestead lead
to huge problems in determination of income and did not fulfil the
fundamental purpose of the Circuit Break benefit provisions. 
Rental provisions are clarified to make sure that any rent received
by the Claimant is counted.

4.  Allow the Assessor, and the State Tax Commission when
appropriate, to require reasonable documentation of any required
element of relief, including income, ownership, terms and
conditions of trusts and entities, and so forth.  Also, clarifies
when the claim and its documentation is a public record and how the
statistics generated thereby can be used and published.

5.  Clarify the determination of "primary dwelling place".  This
had become needlessly complex.

6.  Allow the claim to be filed on behalf of the Claimant by
another person or entity, paralleling 63-711(3), hardship waivers,
and amending 711(3) to add "power of attorney" to that list.  Also,
clarifies that an appeal can be made by that same list of persons
or entities.

7.  Does a lot of housekeeping amendments such as capitalization,
punctuation, and making all terms and titles parallel.
                                
                                
                          FISCAL NOTE
The fiscal impact of the Bill is estimated by the State Tax
Commission to be a loss to the general fund of One Hundred Fifty
Thousand Dollars and No Cents ($150,000) per year.












CONTACT:  Robert L. Aldridge
                    Telephone: (208) 336-9880
                    e-mail: roberta@micron.net
                    
                    Patty Bauscher
                    Idaho Association of County Assessors
                    Telephone: (208) 934-5666
                     pbauscher@co.gooding.id.us
                              
                    
                    
                    
                    
STATEMENT OF PURPOSE/FISCAL NOTE          H  150