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H0142..................................................by REVENUE AND TAXATION
PROPERTY - APPRAISALS - Amends existing law to specify a timeline for the
appraisal of all taxable property in a county.
02/04 House intro - 1st rdg - to printing
02/05 Rpt prt - to Rev/Tax
02/11 Rpt out - rec d/p - to 2nd rdg
02/12 2nd rdg - to 3rd rdg
02/13 3rd rdg - PASSED - 67-1-2
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Black,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,
McKague, Meyer, Miller, Mitchell, Naccarato, Nielsen, Raybould,
Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker
NAYS -- Moyle
Absent and excused -- Bieter, Jones
Floor Sponsor - Raybould
Title apvd - to Senate
02/14 Senate intro - 1st rdg - to Loc Gov
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta,
Cameron, Compton, Darrington, Davis, Malepeai(Ellis), Gannon, Geddes,
Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Marley, McKenzie,
McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Bailey
Floor Sponsor - Compton
Title apvd - to House
02/24 To enrol
02/25 Rpt enrol - Sp signed
02/26 Pres signed
02/27 To Governor
03/05 Governor signed
Session Law Chapter 34
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 142
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO ASSESSMENT OF REAL AND PERSONAL PROPERTY; AMENDING SECTION 63-314,
3 IDAHO CODE, TO SPECIFY A TIMELINE FOR THE APPRAISAL OF ALL TAXABLE PROP-
4 ERTY IN A COUNTY AND TO MAKE TECHNICAL CORRECTIONS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 63-314, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 63-314. COUNTY VALUATION PROGRAM TO BE CARRIED ON BY ASSESSOR. (1) It
9 shall be the duty of the county assessor of each county in the state to con-
10 duct and carry out a continuing program of valuation of all taxable properties
11 under his jurisdiction pursuant to such rules as the state tax commission may
12 prescribe, to the end that all parcels of property under the assessor's juris-
13 diction are assessed at current market value. In order to promote uniform
14 assessment of property in the state of Idaho, taxable property shall be
15 appraised or indexed annually to reflect current market value. In order to
16 achieve this goal, at least twenty percent (20%) of the taxable properties in
17 the county shall be included in each year's appraisal, resulting in a complete
18 appraisal of all taxable property in a county shall be appraised at least once
19 every five (5) years, except as provided in subsection (6). of this section.
20 Beginning in 2003, or year one (1) of any five (5) year cycle not less than
21 fifteen percent (15%) of the taxable properties in the county shall be
22 appraised during that year; by the end of year two (2) not less than thirty-
23 five percent (35%) of the taxable properties in the county shall have been
24 appraised during that year and the previous year; by the end of year three (3)
25 not less than fifty-five percent (55%) of the taxable properties in the county
26 shall have been appraised during that year and the previous two (2) years; by
27 the end of year four (4) not less than seventy-five percent (75%) of the tax-
28 able properties in the county shall have been appraised during that year and
29 the previous three (3) years; and by the end of year five (5) all one hundred
30 percent (100%) of the taxable properties within the county shall have been
31 appraised during that year and the previous four (4) years. Annually, all tax-
32 able property, not actually appraised each that year, shall be indexed to
33 reflect current market value for assessment purposes using market value prop-
34 erty transactions and results of the annual appraisal of twenty percent (20%)
35 of the taxable property. The county assessor shall maintain in the respective
36 offices sufficient records to show when each parcel or item of property was
37 last appraised. The appraisal required by this section shall include a plan
38 outlining the continuing valuation program. Said plan shall be submitted to
39 the state tax commission for approval on or before the first Monday in Febru-
40 ary, 1997, and no less frequently than every fifth year thereafter. The state
41 tax commission shall not approve any plan that fails to provide for adequate
42 appraisal and valuation of all taxable properties in any county.
43 (2) The state tax commission is hereby authorized, empowered and directed
2
1 to promulgate rules for the implementation of this program, and to provide any
2 such county assessor with such supervision and technical assistance as may be
3 necessary.
4 (3) The county commissioners of each county shall furnish the assessor
5 with such additional funds and personnel as may be required to carry out the
6 program hereby provided, and for this purpose may levy annually a property tax
7 of not to exceed four-hundredths percent (.04%) of the market value for
8 assessment purposes on all taxable property in the county to be collected and
9 paid into the county treasury and appropriated to the property valuation fund
10 which is hereby created.
11 (4) If compliance with the requirements of subsection (1) of this section
12 is not obtained, or if any county fails to meet the goals set in subsection
13 (1), of this section, the state tax commission may proceed as required by sec-
14 tion 63-316, Idaho Code. If a county fails to meet the timelines in subsection
15 (1), the state tax commission shall require a remediation plan.
16 (5) As used in this section the term "adequate appraisal and valuation of
17 all taxable properties in any county" means a process which includes a field
18 inspection of at least twenty percent (20%) of the taxable properties each
19 year not less than the number of taxable properties necessary to meet the
20 requirements of subsection (1). Appraisal also includes collection, verifica-
21 tion and analysis of market value sales, applicable income and expense data
22 and building cost information, and application of this information to predict
23 market value.
24 (6) The board of county commissioners may request that the Idaho state
25 tax commission grant an extension of the five (5) year reappraisal deadline
26 set forth in subsection (1). of this section. The request shall be in writing
27 and shall set forth the reason(s) that the county is unable to complete the
28 reappraisal process as required by subsection (1) of this section and shall
29 set forth the measures the county will undertake in order to complete the
30 reappraisal program within the extension of time requested. In no case shall
31 an extension exceed two (2) years. The state tax commission may approve or
32 deny any request for an extension and shall notify the board of county commis-
33 sioners of its decision in writing. The state tax commission shall not approve
34 any extension absent a showing by the county of extraordinary circumstances.
35 Extraordinary circumstances may include, but are not limited to, natural
36 disasters or unforeseen circumstances that result in extreme financial hard-
37 ship to the county. Circumstances that will not qualify for an extension may
38 include, but are not limited to, failure to adequately fund the county valua-
39 tion program as provided by this section, malfeasance, or mismanagement by a
40 current elected official. The state tax commission shall not grant the exten-
41 sion provided in this section if studies conducted by the commission indicate
42 that any category of property affected by such extension is not assessed at
43 market value.
44 (7) The Idaho state tax commission shall report back to the Idaho house
45 of representatives revenue and taxation committee and the senate local govern-
46 ment and taxation committee whenever an extension authorized under subsection
47 (6) of this section is granted.
STATEMENT OF PURPOSE
RS 12744
Currently, Assessors are required to revalue twenty percent (20%)
of the properties within their county each year, completing the
entire process every five years. This legislation allows County
Assessors five percent (5%) flexibility within their five-year
revaluation process of properties.
Varying physical and economic characteristics of the forty-four
(44) counties in Idaho, such as degree of complexity of
appraisals, physical landscape, high volume of new construction
and loss of appraisal staff can make it difficult for Assessors
to complete exactly 20% of the properties each year. Other years,
Assessors may be able to complete more than 20%. This legislation
would allow the Assessor to set a plan based on the needs and
resources of the individual county, still guaranteeing that the
process is complete within five years but allowing for
flexibility.
FISCAL NOTE
No fiscal impact.
CONTACT: Idaho Association of Counties Phone: 345-9126
Dan Chadwick, Tony Poinelli, Maggie Mahoney
STATEMENT OF PURPOSE/FISCAL IMPACT H 142