2001 Legislation
Print Friendly

HOUSE BILL NO. 79 – Resort cnty sales tax, distribution

HOUSE BILL NO. 79

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact



                       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