2001 Legislation
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HOUSE BILL NO. 310 – Property tax, new construction roll

HOUSE BILL NO. 310

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Daily Data Tracking History



H0310...............................................by REVENUE AND TAXATION
PROPERTY TAX - Amends existing law to further define construction to be
shown on the new construction roll to include any equipment or facility
used in conjunction with generation of electricity; and to provide an
exception.
                                                                        
02/21    House intro - 1st rdg - to printing
02/22    Rpt prt - to Rev/Tax
03/12    Rpt out - rec d/p - to 2nd rdg
03/13    2nd rdg - to 3rd rdg
03/14    Ret'd to Rev/Tax
03/20    Rpt out - to 3rd rdg
03/21    3rd rdg - PASSED - 39-25-6
      AYES -- Barraclough, Bedke, Bieter, Black, Bolz, Bradford, Callister,
      Campbell, Chase, Clark, Collins, Crow, Cuddy, Deal, Ellis, Eskridge,
      Field(13), Field(20), Hammond, Henbest, Jones, Kellogg, Kendell,
      Lake, Mader, Marley, Montgomery, Moss, Pomeroy, Roberts, Robison,
      Sellman, Shepherd, Smith, Smylie, Stone, Tilman, Trail, Young
      NAYS -- Barrett, Bell, Bruneel, Denney, Ellsworth, Hadley, Harwood,
      Hornbeck, Jaquet, Kunz, Langford, McKague, Meyer, Mortensen, Moyle,
      Pearce, Pischner, Raybould, Ridinger, Sali, Schaefer, Stevenson,
      Swan(Block), Wheeler, Wood
      Absent and excused -- Boe, Gagner, Gould, Higgins, Loertscher, Mr.
      Speaker.
    Floor Sponsor -- Smith
    Title apvd - to Senate
03/21    Senate intro - 1st rdg - to Loc Gov

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 310
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE DUTIES OF THE COUNTY ASSESSOR; AMENDING SECTION 63-301A, IDAHO
  3        CODE, TO FURTHER DEFINE CONSTRUCTION TO BE SHOWN ON THE  NEW  CONSTRUCTION
  4        ROLL  TO  INCLUDE CERTAIN EQUIPMENT OR FACILITIES USED IN CONJUNCTION WITH
  5        GENERATION OF ELECTRICITY AND TO PROVIDE EXCEPTIONS.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 63-301A, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        63-301A.  NEW  CONSTRUCTION  ROLL. (1) The county assessor shall prepare a
 10    new construction roll, which shall be in addition to the property roll,  which
 11    new construction roll shall show:
 12        (a)  The name of the taxpayer;
 13        (b)  The  description  of  the new construction, suitably detailed to meet
 14        the requirements of the individual county;
 15        (c)  A description of the land and its change in use, suitably detailed to
 16        meet the needs of the individual county;
 17        (d)  The amount of taxable market value added to the property on the  cur-
 18        rent  year's property roll that is directly the result of new construction
 19        or a change in use of the land or both.
 20        (2)  As soon as possible, but in any event by no later than the first Mon-
 21    day in June, the new construction roll shall be certified to the county  audi-
 22    tor  and a listing showing the amount of value on the new construction roll in
 23    each taxing district or unit be forwarded to the state  tax  commission.  Pro-
 24    vided  however,  the value shown in subsection (3)(f) of this section shall be
 25    reported to the appropriate county auditor by the state tax commission by  the
 26    third  Monday  in July and the value sent by the county auditor to each taxing
 27    district. The value established pursuant to subsection (3)(f) of this  section
 28    is subject to correction by the state tax commission until the first Monday in
 29    September  and  any  such  corrections shall be sent to the appropriate county
 30    auditor, who shall notify any affected taxing districts.
 31        (3)  The value shown on the new construction roll may  include  the  value
 32    increase from:
 33        (a)  Construction of any new structure that previously did not exist; or
 34        (b)  Additions or alterations to existing nonresidential structures; or
 35        (c)  Installation  of new or used manufactured housing that did not previ-
 36        ously exist within the county; or
 37        (d)  Change of land use classification; or
 38        (e)  Property newly taxable as a result of loss of the exemption  provided
 39        by section 63-602W, Idaho Code; or
 40        (f)  The construction of any equipment or facility used for or in conjunc-
 41        tion with the generation of electricity and any property intended to be so
 42        used, except property owned by a public utility, cooperative or municipal-
 43        ity as those terms are defined in section 61-332A, Idaho Code.
                                                                        
                                           2
                                                                        
  1        (4)  The  amount  of taxable market value of new construction shall be the
  2    change in net taxable market value that is attributable directly to  new  con-
  3    struction  or a change in use of the land or loss of the exemption provided by
  4    section 63-602W(3), Idaho Code. It shall not include any change  in  value  of
  5    existing  property  that  is  due to external market forces such as general or
  6    localized inflation.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                          RS 11075C1

The purpose of this bill is to provide that the definition of 
new construction shall include operating property such as any 
equipment or facility used for or in conjunction with the 
generation of electricity.  Not included in the definition is 
property owned by a  public utility, cooperative or municipality 
as defined by section 61-332A, Idaho Code.  The practical effect 
of this amendment is to increase the property tax base by the 
addition of operating property.  The amendment also provides 
reporting requirements for the state tax commission.

                           FISCAL IMPACT

This bill may increase the property tax revenues of all taxing 
districts where new operating property involving electrical 
generation is constructed.  The amount is unknown and will depend 
on the value of new construction of electrical generation 
facilities.

Contact
Name: Todd Lakey, Canyon County Commissioner
Phone: (208) 454-7503
Idaho Association of Counties:
Dan Chadwick, Tony Poinelli, Maggie Mahoney
Phone: (208) 345-9126

STATEMENT OF PURPOSE/FISCAL IMPACT	         H 310