2001 Legislation
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HOUSE CONCURRENT RESOLUTION NO. 9 – Property tax laws, certain, study

HOUSE CONCURRENT RESOLUTION NO. 9

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Daily Data Tracking History



HCR009..............................................by REVENUE AND TAXATION
PROPERTY TAX - STUDY - Stating findings of the Legislature and authorizing
the Legislative Council to appoint a committee to undertake and complete a
study of property tax laws affecting the assessment, apportionment and
taxation of the property of all businesses or other taxpayers engaged in
the electronic transmission of information.
                                                                        
01/30    House intro - 1st rdg - to printing
01/31    Rpt prt - to W/M
02/01    Rpt out - to Rev/Tax
02/08    Rpt out - rec d/p - to 2nd rdg
02/09    2nd rdg - to 3rd rdg
02/14    3rd rdg - ADOPTED - 66-0-4
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet,
      Jones, Kellogg, Kendell, Kunz, Lake, Langford, 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
      NAYS -- None
      Absent and excused -- Crow, Gould, Loertscher, Mr. Speaker
    Floor Sponsor -- Field(13)
    Title apvd - to Senate
02/15    Senate intro - 1st rdg - to St Aff

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                             HOUSE CONCURRENT RESOLUTION NO. 9
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                               A CONCURRENT RESOLUTION
  2    STATING FINDINGS OF THE LEGISLATURE AND AUTHORIZING THE LEGISLATIVE COUNCIL TO
  3        APPOINT A COMMITTEE TO UNDERTAKE AND COMPLETE A STUDY OF PROPERTY TAX LAWS
  4        AFFECTING THE ASSESSMENT, APPORTIONMENT AND TAXATION OF  THE  PROPERTY  OF
  5        ALL  BUSINESSES  OR OTHER TAXPAYERS ENGAGED IN THE ELECTRONIC TRANSMISSION
  6        OF INFORMATION.
                                                                        
  7    Be It Resolved by the Legislature of the State of Idaho:
                                                                        
  8        WHEREAS, the technology by which various digital and  electronic  informa-
  9    tion  and  communications  is  rapidly  changing with the expectation that the
 10    means by which different services such as telephone, Internet access and cable
 11    television will soon converge and be delivered by the same means; and
 12        WHEREAS, the property tax laws of this state require the property of tele-
 13    phone, cable television, mobile communications and  other  communications  and
 14    information  transmission  businesses  be  assessed  by  the  use of different
 15    appraisal methods and apportionment techniques that cannot be applied if these
 16    different technologies converge; and
 17        WHEREAS, there is a need for the Idaho legislature to determine the proper
 18    policies and assessment techniques to apply to the converged  technologies  to
 19    avoid  confusion  and  litigation adversely affecting taxpayers and assessment
 20    officials, including county assessors and the State Tax Commission.
 21        NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session
 22    of the Fifty-sixth Idaho Legislature, the House  of  Representatives  and  the
 23    Senate  concurring  therein,  that  the  Legislative  Council is authorized to
 24    appoint a committee to undertake and complete a study  of  property  tax  laws
 25    affecting  the  assessment,  apportionment and taxation of the property of all
 26    businesses or other taxpayers engaged in the electronic transmission of infor-
 27    mation including, but not limited to, local and long  distance  telephone  and
 28    mobile  telephone  services,  television and Internet. The Legislative Council
 29    shall determine the number of  legislators  and  membership  from  each  house
 30    appointed to the committee and shall authorize the committee to receive input,
 31    advice and assistance from interested and affected parties who are not members
 32    of the legislature.
 33        BE IT FURTHER RESOLVED that nonlegislative members of the committee may be
 34    appointed  by  the cochairs of the committee who are appointed by the Legisla-
 35    tive Council. Nonlegislative members of the advisory committee  shall  not  be
 36    reimbursed  from legislative funds for per diem, mileage or other expenses and
 37    shall not have voting privileges regarding the committee's recommendations  or
 38    proposed legislation.
 39        BE  IT FURTHER RESOLVED that the committee shall report its findings, rec-
 40    ommendations and proposed legislation, if any, to the Second  Regular  Session
 41    of the Fifty-sixth Idaho Legislature.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                          R.S. 10543 

This bill authorizes the Legislative Council to appoint a committee
to study property taxation of cable television and telephone
property and other property used to send information
electronically.  Current law requires that county assessors
appraise cable TV property while the State Tax Commission appraises
telephone companies.  As these technologies converge, offering
cable and telephone services together with other products (such as
Internet access) on the same physical network of wires or cables,
a conflict of laws will result which must be resolved.  This
resolution provides for a legislative study committee to address
issues about whether telecommunications (including mobile
telephones) and cable television when part of a joint system are
centrally or locally assessed.  


                           FISCAL NOTE

         The usual costs of a study committee are estimated at
$6,000. 

Contact
Name:  Dan John/Ted Spangler
Agency:  State Tax Commission
Phone:  334-7530


STATEMENT OF PURPOSE/FISCAL NOTE                           HCR 9