2002 Legislation
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HOUSE BILL NO. 724 – Fire dist, property tax levies

HOUSE BILL NO. 724

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Daily Data Tracking History



H0724...............................................by REVENUE AND TAXATION
FIRE DISTRICTS - Amends existing law to delete the different levy amounts
of fire protection districts based upon population; to provide for an
election to approve a fire protection district levy for fire protection
districts adversely impacted by abnormally low levies at the time of
enactment of the property tax limitation provision; to provide procedures;
to provide that, if approved by the voters, the additional budget amount
may be included in each succeeding annual budget; and to delete sunset
clause language.
                                                                        
03/05    House intro - 1st rdg - to printing
03/06    Rpt prt - to Rev/Tax
03/08    Rpt out - rec d/p - to 2nd rdg
    Rls susp - PASSED - 65-0-5
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bruneel, Campbell, Collins, Crow, Cuddy, Deal,
      Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Hadley,
      Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones,
      Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Loertscher, Mader,
      Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce,
      Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson,
      Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bradford, Callister, Clark, Gagner, Gould
    Floor Sponsors - Cuddy & Shepherd
    Title apvd - to Senate
03/11    Senate intro - 1st rdg - to Loc Gov
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch Brandt, Bunderson, Burtenshaw,
      Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde,
      Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge,
      Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
      Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Bunderson
    Title apvd - to House
    To enrol - rpt enrol - Sp signed - Pres signed
03/18    To Governor
03/21    Governor signed
         Session Law Chapter 172
         Effective: 01/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 724
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LEVIES OF PROPERTY TAXES FOR FIRE PROTECTION  DISTRICTS;  AMENDING
  3        SECTION  31-1420, IDAHO CODE, TO DELETE THE DIFFERENT LEVY AMOUNTS OF FIRE
  4        PROTECTION DISTRICTS BASED ON POPULATION, TO PROVIDE FOR  AN  ELECTION  TO
  5        APPROVE  A  FIRE  PROTECTION  DISTRICT  LEVY FOR FIRE PROTECTION DISTRICTS
  6        ADVERSELY IMPACTED BY ABNORMALLY LOW LEVIES AT THE TIME  OF  ENACTMENT  OF
  7        PROPERTY  TAX  LIMITATION PROVISION, TO PROVIDE PROCEDURES AND TO PROVIDE,
  8        IF APPROVED BY A SIXTY-SIX AND TWO-THIRDS PERCENT  VOTE,  THAT  THE  ADDI-
  9        TIONAL  BUDGET AMOUNT MAY BE INCLUDED IN EACH SUCCEEDING ANNUAL BUDGET AND
 10        TO DELETE SUNSET CLAUSE LANGUAGE; DECLARING  AN  EMERGENCY  AND  PROVIDING
 11        RETROACTIVE APPLICATION.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That  Section 31-1420, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        31-1420.  LEVY. (1) Each year, immediately prior to the annual county levy
 16    of taxes, the board of commissioners of each fire protection  district,  orga-
 17    nized  and  existing under this act, may levy a tax upon all the taxable prop-
 18    erty within the boundaries of such district sufficient to defray the  cost  of
 19    equipping  and maintaining the district, not exceeding sixteen hundredths per-
 20    cent (.16%) of market value for assessment purposes, provided, districts  hav-
 21    ing  a  population  in  excess of two thousand five hundred (2,500) may levy a
 22    total tax of twenty-four hundredths percent (.24%) of market value for assess-
 23    ment purposes, to be used for the purposes of this act and for no  other  pur-
 24    pose.  The  levy  shall  be made by resolution entered upon the minutes of the
 25    board of commissioners of the fire protection district, and it  shall  be  the
 26    duty  of the secretary of the district, immediately after entry of the resolu-
 27    tion in the minutes, to transmit to the county auditor,  county  assessor  and
 28    state  board  of equalization certified copies of the resolution providing for
 29    such levy. Said taxes shall be collected as provided by section 63-812,  Idaho
 30    Code.
 31        (2)  If two (2) or more fire protection districts consolidate into one (1)
 32    district,  the  provisions  of  section 63-802, Idaho Code, shall apply to the
 33    consolidated district's budget request as if the former district which, in the
 34    year of the consolidation, has the higher levy subject to the  limitations  of
 35    section  63-802,  Idaho  Code, had annexed the other district or districts. In
 36    addition, the consolidated district shall  receive  the  benefit  of  foregone
 37    increases  accumulated  by  the  former  districts under section 63-802(1)(a),
 38    Idaho Code.
 39        (3)  Notwithstanding the provisions of section 63-802,  Idaho  Code,  fire
 40    protection  districts  adversely impacted by abnormally low levies at the time
 41    of enactment of section  63-2220A,  Idaho  Code,  and  recodified  as  section
 42    63-802,  Idaho Code, may seek voter approval to reach a statewide fire protec-
 43    tion district levy average  as  follows:  of  twenty-four  hundredths  percent
                                                                        
                                           2
                                                                        
  1    (.24%)  of market value for assessment purposes to be used for the purposes of
  2    this act and for no other  purpose.  The  additional  budget  amount  must  be
  3    approved  by  sixty-six  and two-thirds percent (66 2/3%) of the voters on the
  4    question at an election called for that purpose and held on the dates provided
  5    by section 34-106, Idaho Code.  If approved by the voters, the additional bud-
  6    get amount may be included in each succeeding annual budget.
  7        (a)  If the immediate prior year's levy is less than 0.0005, fire  protec-
  8        tion  districts  with  populations of two thousand five hundred (2,500) or
  9        less may increase the operations and maintenance portion of their  budgets
 10        by  an  amount  not to exceed the difference between 0.0005 and the actual
 11        prior year's levy multiplied by the prior year's market value for  assess-
 12        ment  purposes. The additional budget amount must be approved by sixty-six
 13        and two-thirds percent (66 2/3%) of the voters voting on the  question  at
 14        an election called for that purpose and held on the dates provided by sec-
 15        tion  34-106, Idaho Code. If approved by the voters, the additional budget
 16        amount may be included in each succeeding annual budget.
 17        (b)  If the immediate prior year's levy is less  than  0.0012,  fire  dis-
 18        tricts with populations in excess of two thousand five hundred (2,500) may
 19        increase  the  operations  and  maintenance portion of their budgets by an
 20        amount not to exceed the difference between 0.0012 and  the  actual  prior
 21        year's  levy  multiplied  by  the prior year's market value for assessment
 22        purposes. The additional budget amount must be approved by  sixty-six  and
 23        two-thirds  percent  (66  2/3%) of the voters voting on the question at an
 24        election called for that purpose and held on the dates provided by section
 25        34-106, Idaho Code. If approved  by  the  voters,  the  additional  budget
 26        amount may be included in each succeeding annual budget.
 27        The  provisions of this subsection shall be null, void and of no force and
 28    effect on and after January 1, 2002.
                                                                        
 29        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 30    declared to exist, this act shall be in full force and effect on and after its
 31    passage and approval, and retroactively to January 1, 2002.

Statement of Purpose / Fiscal Impact


		  STATEMENT OF PURPOSE

                         RS 11880C2

To provide a uniform means of allowing all fire districts which 
were impacted by abnormally low levies prior to the enactment of 
§63-2220A Idaho Code to reach a district levy of .24% with the 
approval of the voters within the fire district. This amendment 
seeks to avoid penalizing fire districts which traditionally have 
been frugal from obtaining adequate funding as a result of the 
enactment of §63-2220A Idaho Code.




                       FISCAL IMPACT

With an election as specified in the proposal, any fire district 
may increase its budget to reflect a levy rate of .0024.





Contact
Name:	Rep. Mary Lou Shepherd 
        Rep. Chuck Cuddy
Phone:	332-1130




STATEMENT OF PURPOSE/FISCAL NOTE           H 724