2003 Legislation
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HOUSE BILL NO. 126 – Schools, support, sales tax moneys

HOUSE BILL NO. 126

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H0126..................................................by REVENUE AND TAXATION
SCHOOLS - SUPPORT - Amends existing law relating to school district funds to
provide a fixed, annual amount of $68,935,700 be distributed as property tax
relief for school support; and to provide for the transfer of that amount from
sales tax receipts.
                                                                        
01/28    House intro - 1st rdg - to printing
01/29    Rpt prt - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 126
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SCHOOL DISTRICT FUNDS; AMENDING SECTION 33-1002D, IDAHO  CODE,  TO
  3        PROVIDE  AN  ANNUAL  AMOUNT  TO  BE DISTRIBUTED AS PROPERTY TAX RELIEF FOR
  4        SCHOOL SUPPORT AND TO REVISE THE DISTRIBUTION FORMULA TO DISTRICTS; AMEND-
  5        ING SECTION 33-1002, IDAHO CODE, TO REVISE THE LOCAL  DISTRICTS'  CALCULA-
  6        TION  CONTRIBUTION;  AMENDING  SECTION  63-3638,  IDAHO CODE, TO PROVIDE A
  7        TRANSFER FROM THE SALES TAX RECEIPTS TO THE SCHOOL PROPERTY  TAX  REPLACE-
  8        MENT,  TO  PROVIDE CORRECT CODE REFERENCES AND TO MAKE A TECHNICAL CORREC-
  9        TION; AMENDING SECTION 63-316, IDAHO CODE, TO PROVIDE CORRECT CODE  REFER-
 10        ENCES; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION  1.  That Section 33-1002D, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        33-1002D.  PROPERTY TAX REPLACEMENT. The purpose of  this  section  is  to
 15    replace  a portion of the authorized school maintenance and operation property
 16    tax levy with state sales tax receipts. As used  in  this  section,  the  term
 17    "property tax computation ratio" shall mean a ratio determined by dividing the
 18    district's  certified  property  tax  maintenance  and operation budget by the
 19    actual or adjusted market value for assessment purposes as such values existed
 20    on December 31 of the previous calendar year.
 21        (1) (a)  In the case of a school district that had a property tax computa-
 22        tion ratio of not less than four-tenths of one percent (.4%) in  tax  year
 23        1994,  that school district shall receive from the appropriations made for
 24        that purpose, an amount equal to the greater of the district's  actual  or
 25        adjusted market value for assessment purposes as such valuation existed on
 26        December  31  of the previous calendar year multiplied by one-tenth of one
 27        percent (.1%).
 28        (b)  In the case of a school district that had a property tax  computation
 29        ratio of less than four-tenths of one percent (.4%) in tax year 1994,  the
 30        greater  of  the  1992,  1993 or 1994 property tax computation ratio  less
 31        three-tenths of one percent (.3%) shall be designated the district's  base
 32        multiplier.  In  no  case shall the base multiplier be less than zero (0).
 33        Four-tenths of one percent (.4%) less the greater of the district's  1992,
 34        1993 or 1994 property tax  computation  ratio   shall  be  designated  the
 35        district's  adjustment  factor.  In no case shall the adjustment factor be
 36        greater than one-tenth of one percent (.1%) or less than  zero  (0).  Each
 37        school district's actual multiplier shall be the base multiplier plus one-
 38        fifth (1/5) of the adjustment factor in tax year 1995, the base multiplier
 39        plus  two-fifths (2/5) of the adjustment factor in tax year 1996, the base
 40        multiplier plus three-fifths (3/5) of the adjustment factor  in  tax  year
 41        1997,  the base multiplier plus four-fifths (4/5) of the adjustment factor
 42        in tax year 1998, and the base multiplier plus the  adjustment  factor  in
 43        tax year 1999 and beyond. In tax year 2003 and each year thereafter, eEach
                                                                        
                                           2
                                                                        
  1        school  district shall receive, from the appropriations made for that pur-
  2        pose sales tax receipts transferred as provided in section 63-3638,  Idaho
  3        Code,  an  amount  equal to its pro rata share of sixty-eight million nine
  4        hundred thirty-five thousand seven hundred dollars    ($68,935,700).  Tthe
  5        district's  pro  rata  share shall be calculated based on the ratio of the
  6        greater of the district's actual or adjusted market value  for  assessment
  7        purposes as such valuation existed on December 31 of the previous calendar
  8        year  multiplied  by  the  district's  actual multiplier to the sum of the
  9        greater of all school districts'  actual  or  adjusted  market  value  for
 10        assessment purposes as such valuation existed on December 31 of the previ-
 11        ous calendar year.
 12        (2) (a)  Participation in this property tax reduction program is voluntary
 13        for a charter district. If a charter district participates, in addition to
 14        the provisions of subsection (1) of this section it shall not have a prop-
 15        erty  tax  computation  ratio   that  is above three-tenths of one percent
 16        (.3%) or the district's property tax computation ratio  in tax year  1994,
 17        less one-tenth of one percent (.1%), whichever is greater.
 18        (b)  If  in any year the charter district's property tax computation ratio
 19        used to calculate its maintenance and operation budget is increased  above
 20        the limit specified in this subsection the district  shall not be eligible
 21        for  the  distribution pursuant to subsection (1) of this section for that
 22        year.
 23        (3)  Limitations imposed upon a school district's property tax computation
 24    ratio under the provisions of this section do not apply to any  levy  approved
 25    by electors of the school district as provided by law.
 26        (4)  Distributions calculated as provided in this section shall be made to
 27    school  districts of this state in two (2) equal installments on the due dates
 28    as specified in section 63-903(1), Idaho Code, for the  property  taxes  being
 29    replaced.
 30        (5)  For  purposes of section 33-1002, Idaho Code, moneys distributed pur-
 31    suant to this section shall not be included in determining total state funds.
                                                                        
 32        SECTION 2.  That Section 33-1002, Idaho Code, be, and the same  is  hereby
 33    amended to read as follows:
                                                                        
 34        33-1002.  EDUCATIONAL  SUPPORT PROGRAM. The educational support program is
 35    calculated as follows:
 36        1.  State Educational Support Funds. Add the state appropriation,  includ-
 37    ing  the  moneys available in the public school income fund, together with all
 38    miscellaneous revenues to determine the total state funds.
 39        2.  From the total state funds subtract the following amounts  needed  for
 40    state support of special programs provided by a school district:
 41        a.  Pupil  tuition-equivalency allowances as provided in section 33-1002B,
 42        Idaho Code;
 43        b.  Transportation support program as provided in section  33-1006,  Idaho
 44        Code;
 45        c.  Feasibility  studies  allowance as provided in section 33-1007A, Idaho
 46        Code;
 47        d.  The approved costs for border district allowance, provided in  section
 48        33-1403,  Idaho  Code, as determined by the state superintendent of public
 49        instruction;
 50        e.  The approved costs for exceptional child approved contract  allowance,
 51        provided in subsection 2. of section 33-2004, Idaho Code, as determined by
 52        the state superintendent of public instruction;
 53        f.  Certain  expectant and delivered mothers allowance as provided in sec-
                                                                        
                                           3
                                                                        
  1        tion 33-2006, Idaho Code;
  2        g.  Salary-based apportionment calculated as provided in sections  33-1004
  3        through 33-1004F, Idaho Code;
  4        h.  Unemployment insurance benefit payments according to the provisions of
  5        section 72-1349A, Idaho Code;
  6        i.  For  programs  to provide basic curricula necessary to enable students
  7        to enter academic or professional-technical postsecondary  education  pro-
  8        grams,  an allocation of $300 per support unit for the 1994-95 school year
  9        only;
 10        j.  For provision of teacher supplies to facilitate classroom instruction,
 11        an allocation of $200 per support unit for the 1994-95 school year only;
 12        k.  For expenditure as provided by the public school  technology  program,
 13        $10,400,000 for the 1994-95 school year;
 14        l.  For  additional school innovation pilot project grants based on recom-
 15        mendations of the  Idaho  school  reform  committee,  $2,000,000  for  the
 16        1994-95 school year;
 17        m.  For  the  support of provisions that provide a safe environment condu-
 18        cive to student learning and maintain classroom discipline, an  allocation
 19        of $300 per support unit; and
 20        n.  Any additional amounts as required by statute to effect administrative
 21        adjustments  or  as specifically required by the provisions of any bill of
 22        appropriation;
 23    to secure the state educational support funds.
 24        3.  Local  Districts'  Contribution  Calculation.  Without  including  any
 25    allowance as a credit for prepaid taxes as provided by section 63-1607,  Idaho
 26    Code, the local districts' contribution shall be four-tenths the amount appro-
 27    priated  pursuant  to  section 33-1002D, Idaho Code, plus three-tenths percent
 28    (.43%) during fiscal year 1994-95  2003-04 and each year  thereafter,  of  the
 29    total  state  adjusted  market  value for assessment purposes for the previous
 30    year with such value being determined by the  provisions  of  section  63-315,
 31    Idaho  Code, and four-tenths percent (.4%) during fiscal year 1994-95 and each
 32    year thereafter, of the cooperative electrical associations'  property  values
 33    that have been derived from the taxes paid in lieu of ad valorem taxes for the
 34    previous year as provided in section 63-3502, Idaho Code.
 35        4.  Educational  Support  Program  Distribution  Funds. Add the local dis-
 36    tricts' contribution, subsection 3. of this section, and the state educational
 37    support program funds, subsection 1. of this section, together to  secure  the
 38    total educational support program distribution funds.
 39        5.  Average  Daily  Attendance.  The  total state average daily attendance
 40    shall be the sum of the average daily attendance of all  of  the  school  dis-
 41    tricts  of  the state. The state board of education shall establish rules set-
 42    ting forth the procedure to determine average daily attendance  and  the  time
 43    for, and method of, submission of such report. Average daily attendance calcu-
 44    lation  shall  be carried out to the nearest hundredth. Computation of average
 45    daily attendance shall also be governed by the provisions of section 33-1003A,
 46    Idaho Code.
 47        6.  Support Units. The total state support units shall  be  determined  by
 48    using  the tables set out hereafter called computation of kindergarten support
 49    units, computation of elementary support units, computation of secondary  sup-
 50    port  units,  computation of exceptional education support units, and computa-
 51    tion of alternative school secondary support units. The  sum  of  all  of  the
 52    total  support  units  of all school districts of the state shall be the total
 53    state support units.
                                                                        
                                           4
                                                                        
  1                      COMPUTATION OF KINDERGARTEN SUPPORT UNITS
  2    Average Daily
  3    Attendance            Attendance Divisor         Units Allowed
  4    41 or more     ....   40.......................  1 or more as computed
  5    31 -  40.99 ADA....    -.......................  1
  6    26 -  30.99 ADA....    -.......................   .85
  7    21 -  25.99 ADA....    -.......................   .75
  8    16 -  20.99 ADA....    -.......................   .6
  9     8 -  15.99 ADA....    -.......................   .5
 10     1 -   7.99 ADA....    -.......................  count as elementary
                                                                        
 11                       COMPUTATION OF ELEMENTARY SUPPORT UNITS
 12    Average Daily
 13    Attendance            Attendance Divisor         Minimum Units Allowed
 14    300 or more ADA........................................  15
 15                        ..23...grades 4,5 & 6....
 16                        ..22...grades 1,2 & 3....1994-95
 17                        ..21...grades 1,2 & 3....1995-96
 18                        ..20...grades 1,2 & 3....1996-97
 19                              and each year thereafter.
 20    160   to  299.99 ADA... 20.....................         8.4
 21    110   to  159.99 ADA... 19.....................         6.8
 22     71.1 to  109.99 ADA... 16.....................         4.7
 23     51.7 to   71.0  ADA... 15.....................         4.0
 24     33.6 to   51.6  ADA... 13.....................         2.8
 25     16.6 to   33.5  ADA... 12.....................         1.4
 26      1.0 to   16.5  ADA... n/a....................         1.0
                                                                        
 27                        COMPUTATION OF SECONDARY SUPPORT UNITS
 28    Average Daily
 29    Attendance            Attendance Divisor         Minimum Units Allowed
 30    750 or more      .... 18.5.....................        47
 31    400 -  749.99 ADA.... 16.......................        28
 32    300 -  399.99 ADA.... 14.5.....................        22
 33    200 -  299.99 ADA.... 13.5.....................        17
 34    100 -  199.99 ADA.... 12.......................         9
 35     99.99 or fewer       Units allowed as follows:
 36             Grades 7-12  .........................         8
 37             Grades 9-12  .........................         6
 38             Grades 7- 9  .........................         1 per 14 ADA
 39             Grades 7- 8  .........................         1 per 16 ADA
                                                                        
 40                  COMPUTATION OF EXCEPTIONAL EDUCATION SUPPORT UNITS
 41    Average Daily
 42    Attendance            Attendance Divisor         Minimum Units Allowed
 43    14 or more ....       14.5.....................  1 or more as computed
 44    12 -  13.99....        -.......................  1
 45     8 -  11.99....        -.......................   .75
 46     4 -   7.99....        -.......................   .5
 47     1 -   3.99....        -.......................   .25
                                                                        
 48              COMPUTATION OF ALTERNATIVE SCHOOL SECONDARY SUPPORT UNITS
 49    Pupils in Attendance  Attendance Divisor         Minimum Units Allowed
 50    12 or more..........  12......................   1 or more as computed
                                                                        
                                           5
                                                                        
  1        In applying these tables to any given separate attendance unit, no  school
  2    district  shall  receive  less  total  money than it would receive if it had a
  3    lesser average daily attendance in such separate attendance unit. In  applying
  4    the  kindergarten  table  to  a  kindergarten program of less days than a full
  5    school year, the support unit allowance shall be in ratio  to  the  number  of
  6    days  of a full school year. The tables for exceptional education and alterna-
  7    tive school secondary support units shall  be  applicable  only  for  programs
  8    approved  by  the state department of education following rules established by
  9    the state board of education. Moneys generated  from  computation  of  support
 10    units  for  alternative  schools shall be utilized for alternative school pro-
 11    grams. School district administrative and facility costs may  be  included  as
 12    part of the alternative school expenditures.
 13        7.  State Distribution Factor per Support Unit. Divide educational support
 14    program distribution funds, after subtracting the amounts necessary to pay the
 15    obligations  specified  in  subsection  2. of this section, by the total state
 16    support units to secure the state distribution factor per support unit.
 17        8.  District Share of State Funds for Educational Support Program.  Ascer-
 18    tain  a district's share of state funds for the educational support program as
 19    follows:
 20        a.  District Contribution Calculation. Without including any allowance  as
 21        a  credit  for  prepaid taxes, as provided in section 63-1607, Idaho Code,
 22        the district contribution calculation shall be the rate  determined  under
 23        subsection 3. of this section.
 24        b.  District  Support  Units.  The number of support units for each school
 25        district in the state shall be determined as follows:
 26             (1)  Divide the actual average daily attendance,  excluding  students
 27             approved  for inclusion in the exceptional child educational program,
 28             for the administrative schools and each of the separate  schools  and
 29             attendance  units  by the appropriate divisor from the tables of sup-
 30             port units in this section, then add  the  quotients  to  obtain  the
 31             district's support units allowance for regular students, kindergarten
 32             through  grade  12  including  alternative school secondary students.
 33             Calculations in application of this subsection shall be  carried  out
 34             to the nearest tenth.
 35             (2)  Divide  the  combined  totals of the average daily attendance of
 36             all preschool, handicapped, kindergarten, elementary,  secondary  and
 37             juvenile  detention  center  students  approved  for inclusion in the
 38             exceptional child program of the district by the appropriate  divisor
 39             from the table for computation of exceptional education support units
 40             to  obtain  the  number  of  support units allowed for the district's
 41             approved exceptional child program. Calculations for this  subsection
 42             shall be carried out to the nearest tenth when more than one (1) unit
 43             is allowed.
 44             (3)  The  total  number of support units of the district shall be the
 45             sum of the total  support  units  for  regular  students,  subsection
 46             8.b.(1)  of  this  section,  and  the support units allowance for the
 47             approved exceptional child program, subsection 8.b.(2) of  this  sec-
 48             tion.
 49        c.  Total  District Allowance Educational Program. Multiply the district's
 50        total number of support units, carried out to the nearest  tenth,  by  the
 51        state  distribution  factor  per  support unit and to this product add the
 52        approved amount of programs of the district provided in subsection  2.  of
 53        this  section to secure the district's total allowance for the educational
 54        support program.
 55        d.  District Share. To secure the district's share of state apportionment,
                                                                        
                                           6
                                                                        
  1        subtract the amount of the local district contribution  calculation,  sub-
  2        section  3.  of this section, from the amount of the total district allow-
  3        ance, subsection 8.c. of this section.
  4        e.  Adjustment of District Share. The contract salary of every noncertifi-
  5        cated teacher shall be subtracted from the district's share as  calculated
  6        from the provisions of subsection 8.d. of this section.
                                                                        
  7        SECTION  3.  That  Section 63-3638, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        63-3638.  SALES TAX -- DISTRIBUTION. All moneys collected under this chap-
 10    ter, except as may otherwise be required in section 63-3203, Idaho Code, shall
 11    be distributed by the tax commission as follows:
 12        (1)  An amount of money shall be distributed to the state  refund  account
 13    sufficient  to  pay  current  refund claims. All refunds authorized under this
 14    chapter by the commission shall be paid through the state refund account,  and
 15    those moneys are continuously appropriated.
 16        (2)  Five  million dollars ($5,000,000) per year is continuously appropri-
 17    ated and shall be distributed to the permanent building fund, provided by sec-
 18    tion 57-1108, Idaho Code.
 19        (3)  Four million eight hundred thousand dollars ($4,800,000) per year  is
 20    continuously appropriated and shall be distributed to the water pollution con-
 21    trol account established by section 39-3605, Idaho Code.
 22        (4)  An  amount  equal to the sum required to be certified by the chairman
 23    of the Idaho housing and finance association to the state tax commission  pur-
 24    suant  to  section 67-6211, Idaho Code, in each year is continuously appropri-
 25    ated and shall be paid to any capital reserve fund, established by  the  Idaho
 26    housing  and finance association pursuant to section 67-6211, Idaho Code. Such
 27    amounts, if any, as may be appropriated hereunder to the capital reserve  fund
 28    of  the Idaho housing and finance association shall be repaid for distribution
 29    under the provisions of this section, subject to  the  provisions  of  section
 30    67-6215,  Idaho Code, by the Idaho housing and finance association, as soon as
 31    possible, from any moneys available therefor and  in  excess  of  the  amounts
 32    which the association determines will keep it self-supporting.
 33        (5)  An  amount  equal  to  the  sum required by the provisions of section
 34    63-709, Idaho Code, is continuously appropriated and shall be paid as provided
 35    by section 63-709, Idaho Code.
 36        (6)  An amount required by the provisions of chapter 53, title  33,  Idaho
 37    Code.
 38        (7)  An  amount  required by the provisions of chapter 87, title 67, Idaho
 39    Code.
 40        (8)  An amount required by the provisions of section 33-1002D, Idaho Code.
 41        (9)  One dollar ($1.00) on each application for certificate  of  title  or
 42    initial  application  for  registration  of  a motor vehicle, snowmobile, all-
 43    terrain vehicle or other vehicle processed by the county assessor or the Idaho
 44    transportation department excepting those applications in which any  sales  or
 45    use taxes due have been previously collected by a retailer, shall be a fee for
 46    the services of the assessor of the county or the Idaho transportation depart-
 47    ment in collecting such taxes, and shall be paid into the current expense fund
 48    of  the  county  or state highway account established in section 40-702, Idaho
 49    Code.
 50        (910) Thirteen and three-quarters percent (13.75%) is continuously  appro-
 51    priated  and shall be distributed to the revenue sharing account which is cre-
 52    ated in the state treasury, and the moneys in the revenue sharing account will
 53    be paid in installments each calendar quarter by the tax  commission  as  fol-
                                                                        
                                           7
                                                                        
  1    lows:
  2        (a)  Twenty-eight and two-tenths percent (28.2%) shall be paid to the var-
  3        ious cities as follows:
  4             (i)   Fifty percent (50%) of such amount shall be paid to the various
  5             cities,  and  each city shall be entitled to an amount in the propor-
  6             tion that the population of that city bears to the population of  all
  7             cities within the state; and
  8             (ii)  Fifty percent (50%) of such amount shall be paid to the various
  9             cities,  and  each city shall be entitled to an amount in the propor-
 10             tion that the preceding year's market value for  assessment  purposes
 11             for  that city bears to the preceding year's market value for assess-
 12             ment purposes for all cities within the state.
 13        (b)  Twenty-eight and two-tenths percent (28.2%) shall be paid to the var-
 14        ious counties as follows:
 15             (i)   One million three hundred twenty thousand dollars  ($1,320,000)
 16             annually  shall be distributed one forty-fourth (1/44) to each of the
 17             various counties; and
 18             (ii)  The balance of such amount shall be paid to the  various  coun-
 19             ties,  and  each county shall be entitled to an amount in the propor-
 20             tion that the population of that county bears to  the  population  of
 21             the state;.
 22        (c)  Thirty-five  and  nine-tenths percent (35.9%) of the amount appropri-
 23        ated in this subsection (910) shall be paid to the  several  counties  for
 24        distribution to the cities and counties as follows:
 25             (i)   Each  city and county which received a payment under the provi-
 26             sions of section 63-3638(e), Idaho Code, during the fourth quarter of
 27             calendar year 1999, shall be entitled to a like  amount  during  suc-
 28             ceeding calendar quarters.
 29             (ii)  If  the  dollar amount of money available under this subsection
 30             (910)(c) in any quarter does not equal the amount paid in the  fourth
 31             quarter of calendar year 1999, each city's and county's payment shall
 32             be reduced proportionately.
 33             (iii) If  the  dollar amount of money available under this subsection
 34             (910)(c) in any quarter exceeds the amount paid in the fourth quarter
 35             of calendar year 1999, each city and county shall be  entitled  to  a
 36             proportionately increased payment, but such increase shall not exceed
 37             one  hundred  five  percent  (105%)  of the total payment made in the
 38             fourth quarter of calendar year 1999.
 39             (iv)  If the dollar amount of money available under  this  subsection
 40             (910)(c)  in  any  quarter exceeds one hundred five percent (105%) of
 41             the total payment made in the fourth quarter of calendar  year  1999,
 42             any  amount over and above such one hundred five percent (105%) shall
 43             be paid fifty percent (50%) to the various cities in  the  proportion
 44             that the population of the city bears to the population of all cities
 45             within  the state, and fifty percent (50%) to the various counties in
 46             the proportion that the population of a county bears to  the  popula-
 47             tion of the state; and
 48        (d)  Seven  and  seven-tenths percent (7.7%) of the amount appropriated in
 49        this subsection (910) shall be paid to the several counties for  distribu-
 50        tion to special purpose taxing districts as follows:
 51             (i)   Each  such  district  which received a payment under the provi-
 52             sions of section 63-3638(e), Idaho Code, during the fourth quarter of
 53             calendar year 1999, shall be entitled to a like  amount  during  suc-
 54             ceeding calendar quarters.
 55             (ii)  If  the  dollar amount of money available under this subsection
                                                                        
                                           8
                                                                        
  1             (810)(d) in any quarter does not equal the amount paid in the  fourth
  2             quarter of calendar year 1999, each special purpose taxing district's
  3             payment shall be reduced proportionately.
  4             (iii) If  the  dollar amount of money available under this subsection
  5             (910)(d) in any quarter exceeds the amount  distributed  under  para-
  6             graph  (i)  of  this subsection (910)(d), each special purpose taxing
  7             district shall be entitled to a share of the excess based on the pro-
  8             portion each such district's current property tax budget bears to the
  9             sum of the current property tax budgets of all such districts in  the
 10             state.  The  state  tax  commission  shall calculate district current
 11             property tax budgets to include any unrecovered foregone  amounts  as
 12             determined  under  section  63-802(1)(e),  Idaho Code. When a special
 13             purpose taxing district is situated in more than one (1) county,  the
 14             tax  commission  shall determine the portion attributable to the spe-
 15             cial purpose taxing district from each county in which  it  is  situ-
 16             ated.
 17             (iv)  If  special  purpose  taxing  districts  are  consolidated, the
 18             resulting district is entitled to a base amount equal to the  sum  of
 19             the  base amounts which were received in the last calendar quarter by
 20             each district prior to the consolidation.
 21             (v)   If  a  special  purpose  taxing  district   is   dissolved   or
 22             disincorporated, the state tax commission shall continuously distrib-
 23             ute  to the board of county commissioners an amount equal to the last
 24             quarter's distribution prior to dissolution or disincorporation.  The
 25             board  of  county commissioners shall determine any redistribution of
 26             moneys so received.
 27             (vi)  Taxing districts formed after January 1, 2001, are not entitled
 28             to a payment under the provisions of this subsection (910)(d).
 29             (vii) For purposes of this subsection  (910)(d),  a  special  purpose
 30             taxing  district is any taxing district which is not a city, a county
 31             or a school district.
 32        (101) Any moneys remaining over and above  those  necessary  to  meet  and
 33    reserve for payments under other subsections of this section shall be distrib-
 34    uted to the general fund.
                                                                        
 35        SECTION  4.  That  Section  63-316, Idaho Code, be, and the same is hereby
 36    amended to read as follows:
                                                                        
 37        63-316.  ADJUSTMENT OF ASSESSED VALUE -- COMPLETION OF ASSESSMENT  PROGRAM
 38    BY  STATE  TAX COMMISSION -- PAYMENT OF COSTS. (1) Whenever the state tax com-
 39    mission, after a hearing, determines that any county assessor  or  the  county
 40    commissioners  in  assessing  property  in the county subject to taxation have
 41    failed to abide by, adhere to and conform with the laws of the state of  Idaho
 42    and  the  rules  of  the  state tax commission in determining market value for
 43    assessment purposes, the state tax commission shall order the county  assessor
 44    and  county commissioners of such county to make the necessary changes or cor-
 45    rections in such assessments and if the county assessor and the county commis-
 46    sioners refuse or neglect to comply with such order, the state tax  commission
 47    is  authorized  to  and  shall forthwith adjust or change the property roll in
 48    such county.
 49        (2)  In lieu of the hearings and actions permitted in  subsection  (1)  of
 50    this section, the state tax commission shall monitor each county's implementa-
 51    tion  of  the continuing appraisal required in section 63-314, Idaho Code, and
 52    may require each county to file such reports of its progress at implementation
 53    of such continuing appraisals as the commission may  find  necessary.  In  the
                                                                        
                                           9
                                                                        
  1    event  that  the  commission  finds  that  any  county  is failing to meet the
  2    requirements of section 63-314, Idaho Code,  the  commission  may  order  that
  3    county's  indexing or appraisal or reappraisal programs be conducted under the
  4    exclusive and complete control of the state tax commission and the results  of
  5    such  programs  shall  be  binding  upon the county officers of the county for
  6    which ordered. Payments for the actual cost of such  programs  shall  be  made
  7    from  the  sales  tax distribution created in section 63-3638, Idaho Code, and
  8    the amount of such payments shall be withheld from the payments otherwise made
  9    under the provisions of section 63-3638(910)(c) and (910)(d), Idaho  Code,  to
 10    the  county for which indexing, appraisal or reappraisal has been ordered, and
 11    this subsection shall constitute the  necessary  appropriation  to  accomplish
 12    such payments, any other provision of law notwithstanding.
                                                                        
 13        SECTION  5.  An  emergency  existing  therefor,  which emergency is hereby
 14    declared to exist, this act shall be in full force and effect on and after its
 15    passage and approval, and retroactive to January 1, 2003.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 12437
In 1996 legislation was passed that provided property tax relief
to all the citizens of Idaho.  A portion of the school
maintenance and operation property tax levy was replaced with
State sales tax receipts.  The purpose of this legislation is to
provide a fixed amount of dollars to be distributed as property
tax relief for school support.  This legislation will provide an
annual amount to be distributed for school support.
                          FISCAL IMPACT
Five million dollar savings to the General Fund.


Contact
Name: Representative Jim Clark 
Phone: 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                    H 126