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SENATE BILL NO. 1324

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Bill Status

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S1324..........................................................by EDUCATION
BUILDINGS - SCHOOL USE - Amends existing law to clarify the exemption from
property tax for a portion of a building used for school or educational
purposes.
                                                                        
02/16    Senate intro - 1st rdg - to printing
02/17    Rpt prt - to Loc Gov

Bill Text

                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1324
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PROPERTY EXEMPT FROM TAXATION;  AMENDING  SECTION  63-602E,  IDAHO
  3        CODE, TO CLARIFY THE EXEMPTION FROM PROPERTY TAX FOR A PORTION OF A BUILD-
  4        ING  USED  FOR  SCHOOL OR EDUCATIONAL PURPOSES; DECLARING AN EMERGENCY AND
  5        PROVIDING RETROACTIVE APPLICATION.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 63-602E, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        63-602E.  PROPERTY  EXEMPT  FROM  TAXATION  -- PROPERTY USED FOR SCHOOL OR
 10    EDUCATIONAL PURPOSES. (1) The following property is exempt from taxation:  all
 11    property  used exclusively for nonprofit school or educational purposes, prop-
 12    erty used for charter school purposes, and all property from which  no  profit
 13    is  derived  and  which is held or used exclusively for endowment, building or
 14    maintenance purposes of schools or educational institutions.
 15        (2)  If property, whether leased or owned, is used primarily  for  charter
 16    school  purposes  and but used also for business purposes from which a revenue
 17    is derived, which revenue is not related to the educational purpose for  which
 18    the  charter  school  exists,  the  assessor  shall determine the value of the
 19    entire property, of the part used for charter school purposes, and of the part
 20    used for such unrelated business purposes. The portion of  the  building  used
 21    for charter school purposes and for business and administration of the charter
 22    school shall be exempt from taxation.
                                                                        
 23        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 24    declared to exist, this act shall be in full force and effect on and after its
 25    passage and approval, and retroactively to January 1, 2004.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                             RS 13906

This legislation clarifies that public charter schools qualify for a
property tax exemption on that portion of rental property used by the
public charter school. This is a clarification of language in HB 255
passed during the 2003 legislative session.




                          FISCAL IMPACT

No impact to the general fund.




Contact:
Name:    Sen. Elliot Werk
Phone:   332-1000
       



STATEMENT OF PURPOSE / FISCAL NOTE                           S 1324