2006 Legislation
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HOUSE BILL NO. 422 – Property tax/circuit breaker/income

HOUSE BILL NO. 422

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Bill Status



H0422aaS............................................by REVENUE AND TAXATION
PROPERTY TAX - Amends existing law to delete adjustments to income
limitations; to provide for a maximum income limitation of $28,000 for tax
year 2006 and each year thereafter or 185% of federal poverty guidelines
for tax year 2006 and each year thereafter; to provide for a maximum tax
reduction of $1,320 in tax year 2006 and thereafter for circuit breaker
property tax relief; and to revise the definitions of "claimant" and
"income."
                                                                        
01/19    House intro - 1st rdg - to printing
01/20    Rpt prt - to Rev/Tax
02/08    Rpt out - rec d/p - to 2nd rdg
02/09    2nd rdg - to 3rd rdg
02/17    3rd rdg - PASSED - 69-0-1
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
      Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson,
      Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart(Jacobson),
      Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour,
      Loertscher, Martinez, Mathews, McGeachin, McKague, Mitchell, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo,
      Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.
      NAYS -- None
      Absent and excused -- Miller
    Floor Sponsor - Lake
    Title apvd - to Senate
02/20    Senate intro - 1st rdg - to Loc Gov
03/08    Rpt out - to 14th Ord
03/17    Rpt out amen - to 1st rdg as amen
03/20    1st rdg - to 2nd rdg as amen
03/21    2nd rdg - to 3rd rdg as amen
03/23    3rd rdg as amen - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett(Clark),
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Hill
    Title apvd - to House
03/24    House - Held at Desk
03/30    Ret'd to Rev/Tax
04/04    Rpt out
    House concurred in Senate amens - to engros
04/05    Rpt engros - 1st rdg - to 2nd rdg as amen
    Rls susp - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henderson,
      Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(8), Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
      Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Cannon, Henbest, Shepherd(2)
    Floor Sponsor - Lake
    Title apvd - to enrol
04/06    Rpt enrol - Sp signed - Pres signed
    To Governor
04/07    Governor signed
         Session Law Chapter 350
         Effective: 01/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 422
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE CIRCUIT BREAKER PROPERTY TAX RELIEF PROGRAM; AMENDING  SECTION
  3        63-705,  IDAHO CODE, TO PROVIDE FOR A MAXIMUM INCOME LIMITATION OF TWENTY-
  4        EIGHT THOUSAND DOLLARS FOR TAX YEAR 2006 AND TO PROVIDE FOR A MAXIMUM  TAX
  5        REDUCTION  OF  ONE  THOUSAND THREE HUNDRED TWENTY DOLLARS IN TAX YEAR 2006
  6        AND THEREAFTER AND TO MAKE TECHNICAL CORRECTIONS; DECLARING  AN  EMERGENCY
  7        AND PROVIDING RETROACTIVE APPLICATION.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section  63-705, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        63-705.  PUBLICATION OF CHANGES IN INCOME  LIMITATIONS  AND  PROPERTY  TAX
 12    REDUCTION  AMOUNTS.  (1) The state tax commission shall publish adjustments to
 13    the income limitations, which shall be an individual's income  as  defined  in
 14    section  63-701,  Idaho  Code, of not more than twenty-eight  thousand dollars
 15    ($28,000) per person for tax year 2006, and property tax reduction amounts  to
 16    reflect  cost-of-living  fluctuations. The adjustments shall effect changes in
 17    each income limitation by a percentage equal as near  as  practicable  to  the
 18    annual  cost-of-living  percentage modification as determined by the secretary
 19    of health and human services pursuant to 42 U.S.C. section 415(i). The  lowest
 20    limitation shall allow a maximum reduction of one thousand one hundred dollars
 21    ($1,100)  in  tax year 1998, and one thousand two three hundred twenty dollars
 22    ($1,3200) in tax year 1999 2006 and  thereafter,  or  actual  property  taxes,
 23    whichever  is  less. Each income limitation and reduction amount shall be pro-
 24    rated based on the basic maximum reduction, in practicable increments so  that
 25    the  highest  income  limitation  will  provide for a reduction of one hundred
 26    fifty dollars ($150), or actual property taxes, whichever is less.
 27        (2)  The tax commission shall publish the  adjustments  required  by  this
 28    section  each  and  every  year  the  secretary  of  health and human services
 29    announces said cost-of-living modification. The adjustments shall be published
 30    no later than October 1 of each such year and shall be  effective  for  claims
 31    filed in and for the following property tax year.
 32        (3)  The  publication  of  adjustments  under this section shall be exempt
 33    from the provisions of chapter 52, title 67, Idaho Code, but shall be provided
 34    to each county and to members of the public upon request and without charge.
                                                                        
 35        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 36    declared to exist, this act shall be in full force and effect on and after its
 37    passage and approval, and retroactively to January 1, 2006.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved by    Langhorst           
                                                                        
                                                     Seconded by Werk                
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 422
                                                                        
                                                                        
  1                                AMENDMENT TO THE BILL
  2        On page 1 of the printed bill, following line 34, insert:
                                                                        
  3        "SECTION 2.  That Section 63-701, Idaho Code, be, and the same  is  hereby
  4    amended to read as follows:
                                                                        
  5        63-701.  DEFINITIONS. As used in this chapter:
  6        (1)  "Claimant"  means a person who has filed a claim under the provisions
  7    of sections 63-701 through 63-710, Idaho Code. Except as provided  in  section
  8    63-702(2),  Idaho Code, on January 1, or before April 15, of the year in which
  9    the claimant first filed a claim on the homestead in question, a claimant must
 10    be an owner of the homestead and on January 1 of said year a claimant must be:
 11        (a)  Not less than sixty-five (65) years old; or
 12        (b)  A child under the age of eighteen (18) years  who  is  fatherless  or
 13        motherless  or  who has been abandoned by any surviving parent or parents;
 14        or
 15        (c)  A widow or widower; or
 16        (d)  A disabled person who is recognized as disabled by the  social  secu-
 17        rity  administration pursuant to title 42 of the United States Code, or by
 18        the railroad retirement board pursuant to title 45 of  the  United  States
 19        Code, or by the office of management and budget pursuant to title 5 of the
 20        United States Code; or
 21        (e)  A  disabled veteran of any war engaged in by the United States, whose
 22        disability is recognized as a service-connected disability of a degree  of
 23        ten  percent  (10%) or more, or who has a pension for nonservice-connected
 24        disabilities, in accordance with laws and regulations administered by  the
 25        United States department of veterans affairs; or
 26        (f)  A  person,  as specified in 42 U.S.C. 1701, who was or is entitled to
 27        receive benefits because he is known to have been taken by a hostile force
 28        as a prisoner, hostage or otherwise; or
 29        (g)  Blind.
 30        (2)  "Homestead" means the dwelling, owner-occupied  by  the  claimant  as
 31    described in this chapter and used as the primary dwelling place of the claim-
 32    ant  and may be occupied by any members of the household as their home, and so
 33    much of the land surrounding it, not exceeding one (1) acre, as is  reasonably
 34    necessary for the use of the dwelling as a home. It may consist of a part of a
 35    multidwelling  or  multipurpose building and part of the land upon which it is
 36    built. "Homestead" does not include personal property such as furniture,  fur-
 37    nishings or appliances, but a manufactured home may be a homestead.
 38        (3)  "Household"  means  the  claimant and the claimant's spouse. The term
 39    does not include bona fide lessees, tenants, or roomers and boarders  on  con-
 40    tract.  "Household"  includes  persons  described in subsection (8)(b) of this
 41    section.
                                                                        
                                          2
                                                                        
  1        (4)  "Household income" means all income received by the claimant and,  if
  2    married, all income received by the claimant's spouse, in a calendar year.
  3        (5)  "Income" means the sum of federal adjusted gross income as defined in
  4    the  Internal  Revenue Code, as defined in section 63-3004, Idaho Code, and to
  5    the extent not already included in federal adjusted gross income:
  6        (a)  Alimony;
  7        (b)  Support money;
  8        (c)  Nontaxable strike benefits;
  9        (d)  The nontaxable amount of any individual retirement  account,  pension
 10        or annuity, (including railroad retirement benefits, all payments received
 11        under  the  federal  social  security act except the social security death
 12        benefit as specified in  this  subsection,  state  unemployment  insurance
 13        laws,  and  veterans  disability  pensions and compensation, excluding any
 14        return of principal paid by the recipient of  an   annuity  and  excluding
 15        rollovers as provided in section 402 or 403 of the Internal Revenue Code);
 16        (e)  Nontaxable  interest  received  from the federal government or any of
 17        its instrumentalities or a state government or any of  its  instrumentali-
 18        ties;
 19        (f)  Worker's compensation; and
 20        (g)  The gross amount of loss of earnings insurance.
 21    It  does  not  include  capital  gains,  gifts from nongovernmental sources or
 22    inheritances. To the extent not  reimbursed,  the  cost  of  medical  care  as
 23    defined  in  section  213(d) of the Internal Revenue Code, incurred or paid by
 24    the claimant and, if married, the claimant's  spouse,  may  be  deducted  from
 25    income.  To  the  extent  not reimbursed, personal funeral expenses, including
 26    prepaid funeral expenses and premiums on funeral insurance,  of  the  claimant
 27    and  claimant's spouse only, may be deducted from income up to an annual maxi-
 28    mum of five thousand dollars ($5,000) per claim.  "Income"  does  not  include
 29    veterans  disability  pensions  received  by  a person described in subsection
 30    (1)(e) who is a claimant or a claimant's spouse if the disability  pension  is
 31    received  pursuant to a service-connected disability of a degree of forty per-
 32    cent (40%) or more. "Income" does not include dependency and indemnity compen-
 33    sation or death benefits paid to a person described in subsection (1) of  this
 34    section by the United States department of veterans affairs and arising from a
 35    service-connected  death  or  disability.  "Income"  does not include lump sum
 36    death benefits made by the  social  security  administration  pursuant  to  42
 37    U.S.C.  section  402(i).  Documentation of medical expenses may be required by
 38    the county assessor, board of equalization and state tax  commission  in  such
 39    form  as  the  county  assessor, board of equalization or state tax commission
 40    shall determine. "Income" shall be that received in the calendar year  immedi-
 41    ately  preceding  the  year in which a claim is filed. Where a claimant and/or
 42    the claimant's spouse does not file  a  federal  tax  return,  the  claimant's
 43    and/or  the claimant's spouse's federal adjusted gross income, for purposes of
 44    this section, shall be an income equivalent to federal adjusted  gross  income
 45    had  the  claimant and/or the claimant's spouse filed a federal tax return, as
 46    determined by the county assessor. The county assessor, board of  equalization
 47    or  state  tax  commission may require documentation of income in such form as
 48    each shall determine, including, but not limited  to:  copies  of  federal  or
 49    state tax returns and any attachments thereto; and income reporting forms such
 50    as the W-2 and 1099.
 51        (6)  "Occupied" means actual use and possession.
 52        (7)  "Owner"  means a person holding title in fee simple or holding a cer-
 53    tificate of motor vehicle title (either of which may be subject  to  mortgage,
 54    deed of trust or other lien) or who has retained or been granted a life estate
 55    or  who is a person entitled to file a claim under section 63-702, Idaho Code.
                                                                        
                                          3
                                                                        
  1    "Owner" shall also include any person who:
  2        (a)  Is the beneficiary of a revocable or irrevocable trust which  is  the
  3        owner  of  such  homestead  and under which the claimant or the claimant's
  4        spouse has the primary right of occupancy of the homestead; or
  5        (b)  Is a partner of a limited partnership, member of a limited  liability
  6        company  or shareholder of a corporation if such entity holds title in fee
  7        simple or holds  a certificate of motor vehicle title and  if  the  person
  8        holds at least a five percent (5%) ownership in such entity, as determined
  9        by the county assessor; or
 10        (c)  Has retained or been granted a life estate.
 11    "Owner"  includes  a vendee in possession under a land sale contract. Any par-
 12    tial ownership shall be considered as ownership for determining initial quali-
 13    fication for property tax reduction benefits; however, the amount of  property
 14    tax reduction under section 63-704, Idaho Code, and rules promulgated pursuant
 15    to  section  63-705,  Idaho  Code,  shall  be  computed  on  the  value of the
 16    claimant's partial ownership. "Partial ownership," for the  purposes  of  this
 17    section,  means  any one (1) person's ownership when property is owned by more
 18    than one (1) person or where the homestead is held by an entity, as set  forth
 19    in this subsection, but more than one (1) person has the right of occupancy of
 20    such homestead. A person holding either partial title in fee simple or holding
 21    a certificate of motor vehicle title together with another person but who does
 22    not occupy the dwelling as his primary dwelling place, shall not be considered
 23    an  owner  for  purposes of this section, if such person is a cosignatory of a
 24    note secured by the dwelling in question and at least one  (1)  of  the  other
 25    cosignatories of the note occupies the dwelling as his primary dwelling place.
 26    The combined community property interests of both spouses shall not be consid-
 27    ered  partial  ownership  so long as the combined community property interests
 28    constitute the entire ownership of the homestead, including where the  spouses
 29    are occupying a homestead owned by an entity, as set forth in this subsection,
 30    and the spouses have the primary right of occupancy of the homestead. The pro-
 31    portional  reduction  required under this subsection shall not apply to commu-
 32    nity property interests. Where title to property was held by a person who  has
 33    died  without  timely filing a claim for property tax reduction, the estate of
 34    the deceased person shall be the "owner," provided that the time periods  dur-
 35    ing  which  the  deceased  person  held  such title shall be attributed to the
 36    estate for the computation of any time  periods  under  subsection  (8)(a)  or
 37    (8)(b) of this section.
 38        (8)  (a) "Primary  dwelling  place" means the claimant's dwelling place on
 39        January 1 or before April 15 of the year for which the claim is made.  The
 40        primary  dwelling place is the single place where a claimant has his true,
 41        fixed  and  permanent home and principal establishment, and to which when-
 42        ever the individual is absent he has the intention of returning. A  claim-
 43        ant  must establish the dwelling to which the claim relates to be his pri-
 44        mary dwelling place by clear and convincing evidence  or  by  establishing
 45        that  the  dwelling  is  where the claimant resided on January 1 or before
 46        April 15 and:
 47             (i)   At least six (6) months during the prior year; or
 48             (ii)  The majority of the time the claimant  owned  the  dwelling  if
 49             owned by the claimant less than one (1) year; or
 50             (iii) The  majority of the time after the claimant first occupied the
 51             dwelling if occupied by the claimant for less than one (1) year.  The
 52             county  assessor  may require written or other proof of the foregoing
 53             in such form as the county assessor may determine.
 54        (b)  Notwithstanding the provisions of paragraph (a) of  this  subsection,
 55        the  property upon which the claimant makes application shall be deemed to
                                                                        
                                          4
                                                                        
  1        be the claimant's primary dwelling place  if  the  claimant  is  otherwise
  2        qualified  and  resides in a care facility and does not allow the property
  3        upon which the claimant has made application to  be  occupied  by  persons
  4        paying  a consideration to occupy the dwelling. Payment of utilities shall
  5        not be payment of a consideration to occupy  the  dwelling.  A  claimant's
  6        spouse  who  resides  in  a care facility shall be deemed to reside at the
  7        claimant's primary dwelling place and to  be  a  part  of  the  claimant's
  8        household. A care facility is a hospital, nursing facility or intermediate
  9        care  facility  for  the  mentally retarded as defined in section 39-1301,
 10        Idaho Code, or a facility as defined in section 39-3302(14),  Idaho  Code,
 11        or  a  dwelling other than the one upon which the applicant makes applica-
 12        tion where a claimant who is unable to reside in the dwelling  upon  which
 13        the  application  is made lives and receives help in daily living, protec-
 14        tion and security.";
 15    and in line 35, delete "SECTION 2" and insert: "SECTION 3".
                                                                        
 16                                 CORRECTION TO TITLE
 17        On page 1, in line 6, following "CORRECTIONS;" insert:  "AMENDING  SECTION
 18    63-701, IDAHO CODE, TO REVISE THE DEFINITION OF "INCOME";".
                                                                        
                                          5
                                                                        
                                                     Moved by    Hill                
                                                                        
                                                     Seconded by Corder              
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 422
                                                                        
  1                                AMENDMENT TO THE BILL
  2        On page 1 of the printed bill, following line 34, insert:
  3        "SECTION  2.  That  Section 63-701, Idaho Code, be, and the same is hereby
  4    amended to read as follows:
                                                                        
  5        63-701.  DEFINITIONS. As used in this chapter:
  6        (1)  "Claimant" means a person who has filed an application under  section
  7    63-602G,  Idaho  Code,  and has filed a claim under the provisions of sections
  8    63-701 through 63-710, Idaho Code. Except as provided  in  section  63-702(2),
  9    Idaho  Code, on January 1, or before April 15, of the year in which the claim-
 10    ant first filed a claim on the homestead in question, a claimant  must  be  an
 11    owner of the homestead and on January 1 of said year a claimant must be:
 12        (a)  Not less than sixty-five (65) years old; or
 13        (b)  A  child  under  the  age of eighteen (18) years who is fatherless or
 14        motherless or who has been abandoned by any surviving parent  or  parents;
 15        or
 16        (c)  A widow or widower; or
 17        (d)  A  disabled  person who is recognized as disabled by the social secu-
 18        rity administration pursuant to title 42 of the United States Code, or  by
 19        the  railroad  retirement  board pursuant to title 45 of the United States
 20        Code, or by the office of management and budget pursuant to title 5 of the
 21        United States Code; or
 22        (e)  A disabled veteran of any war engaged in by the United States,  whose
 23        disability  is recognized as a service-connected disability of a degree of
 24        ten percent (10%) or more, or who has a pension  for  nonservice-connected
 25        disabilities,  in accordance with laws and regulations administered by the
 26        United States department of veterans affairs; or
 27        (f)  A person, as specified in 42 U.S.C. 1701, who was or is  entitled  to
 28        receive benefits because he is known to have been taken by a hostile force
 29        as a prisoner, hostage or otherwise; or
 30        (g)  Blind.
 31        (2)  "Homestead"  means  the  dwelling,  owner-occupied by the claimant as
 32    described in this chapter and used as the primary dwelling place of the claim-
 33    ant and may be occupied by any members of the household as their home, and  so
 34    much  of the land surrounding it, not exceeding one (1) acre, as is reasonably
 35    necessary for the use of the dwelling as a home. It may consist of a part of a
 36    multidwelling or multipurpose building and part of the land upon which  it  is
 37    built.  "Homestead" does not include personal property such as furniture, fur-
 38    nishings or appliances, but a manufactured home may be a homestead.
 39        (3)  "Household" means the claimant and the claimant's  spouse.  The  term
 40    does  not  include bona fide lessees, tenants, or roomers and boarders on con-
 41    tract. "Household" includes persons described in  subsection  (8)(b)  of  this
 42    section.
 43        (4)  "Household  income" means all income received by the claimant and, if
 44    married, all income received by the claimant's spouse, in a calendar year.
 45        (5)  "Income" means the sum of federal adjusted gross income as defined in
 46    the Internal Revenue Code, as defined in section 63-3004, Idaho Code,  and  to
                                                                        
                                          6
                                                                        
  1    the extent not already included in federal adjusted gross income:
  2        (a)  Alimony;
  3        (b)  Support money;
  4        (c)  Nontaxable strike benefits;
  5        (d)  The  nontaxable  amount of any individual retirement account, pension
  6        or annuity, (including railroad retirement benefits, all payments received
  7        under the federal social security act except  the  social  security  death
  8        benefit  as  specified  in  this  subsection, state unemployment insurance
  9        laws,  and  veterans  disability  pensions  and  compensation,   excluding
 10        rollovers as provided in section 402 or 403 of the Internal Revenue Code);
 11        (e)  Nontaxable  interest  received  from the federal government or any of
 12        its instrumentalities or a state government or any of  its  instrumentali-
 13        ties;
 14        (f)  Worker's compensation; and
 15        (g)  The gross amount of loss of earnings insurance.
 16    It  does  not  include  capital  gains,  gifts from nongovernmental sources or
 17    inheritances. To the extent not  reimbursed,  the  cost  of  medical  care  as
 18    defined  in  section  213(d) of the Internal Revenue Code, incurred or paid by
 19    the claimant and, if married, the claimant's  spouse,  may  be  deducted  from
 20    income.  To  the  extent  not reimbursed, personal funeral expenses, including
 21    prepaid funeral expenses and premiums on funeral insurance,  of  the  claimant
 22    and  claimant's spouse only, may be deducted from income up to an annual maxi-
 23    mum of five thousand dollars ($5,000) per claim.  "Income"  does  not  include
 24    veterans  disability  pensions  received  by  a person described in subsection
 25    (1)(e) who is a claimant or a claimant's spouse if the disability  pension  is
 26    received  pursuant to a service-connected disability of a degree of forty per-
 27    cent (40%) or more. "Income" does not include dependency and indemnity compen-
 28    sation or death benefits paid to a person described in subsection (1) of  this
 29    section by the United States department of veterans affairs and arising from a
 30    service-connected  death  or  disability.  "Income"  does not include lump sum
 31    death benefits made by the  social  security  administration  pursuant  to  42
 32    U.S.C.  section  402(i).  Documentation of medical expenses may be required by
 33    the county assessor, board of equalization and state tax  commission  in  such
 34    form  as  the  county  assessor, board of equalization or state tax commission
 35    shall determine. "Income" shall be that received in the calendar year  immedi-
 36    ately  preceding  the  year in which a claim is filed. Where a claimant and/or
 37    the claimant's spouse does not file  a  federal  tax  return,  the  claimant's
 38    and/or  the claimant's spouse's federal adjusted gross income, for purposes of
 39    this section, shall be an income equivalent to federal adjusted  gross  income
 40    had  the  claimant and/or the claimant's spouse filed a federal tax return, as
 41    determined by the county assessor. The county assessor, board of  equalization
 42    or  state  tax  commission may require documentation of income in such form as
 43    each shall determine, including, but not limited  to:  copies  of  federal  or
 44    state tax returns and any attachments thereto; and income reporting forms such
 45    as the W-2 and 1099.
 46        (6)  "Occupied" means actual use and possession.
 47        (7)  "Owner"  means a person holding title in fee simple or holding a cer-
 48    tificate of motor vehicle title (either of which may be subject  to  mortgage,
 49    deed of trust or other lien) or who has retained or been granted a life estate
 50    or  who is a person entitled to file a claim under section 63-702, Idaho Code.
 51    "Owner" shall also include any person who:
 52        (a)  Is the beneficiary of a revocable or irrevocable trust which  is  the
 53        owner  of  such  homestead  and under which the claimant or the claimant's
 54        spouse has the primary right of occupancy of the homestead; or
 55        (b)  Is a partner of a limited partnership, member of a limited  liability
                                                                        
                                          7
                                                                        
  1        company  or shareholder of a corporation if such entity holds title in fee
  2        simple or holds a certificate of motor vehicle title  and  if  the  person
  3        holds at least a five percent (5%) ownership in such entity, as determined
  4        by the county assessor; or
  5        (c)  Has retained or been granted a life estate.
  6    "Owner"  includes  a vendee in possession under a land sale contract. Any par-
  7    tial ownership shall be considered as ownership for determining initial quali-
  8    fication for property tax reduction benefits; however, the amount of  property
  9    tax reduction under section 63-704, Idaho Code, and rules promulgated pursuant
 10    to  section  63-705,  Idaho  Code,  shall  be  computed  on  the  value of the
 11    claimant's partial ownership. "Partial ownership," for the  purposes  of  this
 12    section,  means  any one (1) person's ownership when property is owned by more
 13    than one (1) person or where the homestead is held by an entity, as set  forth
 14    in this subsection, but more than one (1) person has the right of occupancy of
 15    such homestead. A person holding either partial title in fee simple or holding
 16    a certificate of motor vehicle title together with another person but who does
 17    not occupy the dwelling as his primary dwelling place, shall not be considered
 18    an  owner  for  purposes of this section, if such person is a cosignatory of a
 19    note secured by the dwelling in question and at least one  (1)  of  the  other
 20    cosignatories of the note occupies the dwelling as his primary dwelling place.
 21    The combined community property interests of both spouses shall not be consid-
 22    ered  partial  ownership  so long as the combined community property interests
 23    constitute the entire ownership of the homestead, including where the  spouses
 24    are occupying a homestead owned by an entity, as set forth in this subsection,
 25    and the spouses have the primary right of occupancy of the homestead. The pro-
 26    portional  reduction  required under this subsection shall not apply to commu-
 27    nity property interests. Where title to property was held by a person who  has
 28    died  without  timely filing a claim for property tax reduction, the estate of
 29    the deceased person shall be the "owner," provided that the time periods  dur-
 30    ing  which  the  deceased  person  held  such title shall be attributed to the
 31    estate for the computation of any time  periods  under  subsection  (8)(a)  or
 32    (8)(b) of this section.
 33        (8)  (a) "Primary  dwelling  place" means the claimant's dwelling place on
 34        January 1 or before April 15 of the year for which the claim is made.  The
 35        primary  dwelling place is the single place where a claimant has his true,
 36        fixed  and  permanent home and principal establishment, and to which when-
 37        ever the individual is absent he has the intention of returning. A  claim-
 38        ant  must establish the dwelling to which the claim relates to be his pri-
 39        mary dwelling place by clear and convincing evidence  or  by  establishing
 40        that  the  dwelling  is  where the claimant resided on January 1 or before
 41        April 15 and:
 42             (i)   At least six (6) months during the prior year; or
 43             (ii)  The majority of the time the claimant  owned  the  dwelling  if
 44             owned by the claimant less than one (1) year; or
 45             (iii) The  majority of the time after the claimant first occupied the
 46             dwelling if occupied by the claimant for less than one (1) year.  The
 47             county  assessor  may require written or other proof of the foregoing
 48             in such form as the county assessor may determine.
 49        (b)  Notwithstanding the provisions of paragraph (a) of  this  subsection,
 50        the  property upon which the claimant makes application shall be deemed to
 51        be the claimant's primary dwelling place  if  the  claimant  is  otherwise
 52        qualified  and  resides in a care facility and does not allow the property
 53        upon which the claimant has made application to  be  occupied  by  persons
 54        paying  a consideration to occupy the dwelling. Payment of utilities shall
 55        not be payment of a consideration to occupy  the  dwelling.  A  claimant's
                                                                        
                                          8
                                                                        
  1        spouse  who  resides  in  a care facility shall be deemed to reside at the
  2        claimant's primary dwelling place and to  be  a  part  of  the  claimant's
  3        household. A care facility is a hospital, nursing facility or intermediate
  4        care  facility  for  the  mentally retarded as defined in section 39-1301,
  5        Idaho Code, or a facility as defined in section 39-3302(14),  Idaho  Code,
  6        or  a  dwelling other than the one upon which the applicant makes applica-
  7        tion where a claimant who is unable to reside in the dwelling  upon  which
  8        the  application  is made lives and receives help in daily living, protec-
  9        tion and security.";
 10    and in line 35, delete "SECTION 2" and insert: "SECTION 3".
                                                                        
 11                                 CORRECTION TO TITLE
 12        On page 1, in line 6, following "CORRECTIONS;" insert:  "AMENDING  SECTION
 13    63-701, IDAHO CODE, TO REVISE THE DEFINITIONS OF "CLAIMANT" AND "INCOME";".
                                                                        
                                          9
                                                                        
                                                     Moved by    Bunderson           
                                                                        
                                                     Seconded by Corder              
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 422
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, delete lines 13 through 19 and insert: "the
  3    income  limitations,  and  property  tax reduction amounts to reflect cost-of-
  4    living fluctuations. The adjustments shall effect changes in each income limi-
  5    tation by a percentage equal as near as practicable  to  the  annual  cost-of-
  6    living  percentage  modification  as determined by the secretary of health and
  7    human services pursuant to 42 USC 415(i) which shall be the greater of: (a) an
  8    individual's income as defined in section 63-701, Idaho Code, of not more than
  9    twenty-eight thousand dollars ($28,000) per household for  tax year 2006,  and
 10    each tax year thereafter; or (b) one hundred eighty-five percent (185%) of the
 11    federal  poverty  guidelines for a household of two (2) for tax year 2006, and
 12    each tax year thereafter. The lowest".
                                                                        
 13                                 CORRECTION TO TITLE
 14        On page 1, delete lines 3 and 4 and insert: "63-705, IDAHO CODE, TO DELETE
 15    ADJUSTMENTS TO INCOME LIMITATIONS, TO PROVIDE FOR A MAXIMUM INCOME  LIMITATION
 16    OF  THE  GREATER  OF TWENTY-EIGHT THOUSAND DOLLARS FOR TAX YEAR 2006, AND EACH
 17    TAX YEAR THEREAFTER OR ONE HUNDRED EIGHTY-FIVE PERCENT OF THE FEDERAL  POVERTY
 18    GUIDELINES  FOR A HOUSEHOLD OF TWO FOR TAX YEAR 2006, AND EACH TAX YEAR THERE-
 19    AFTER, AND TO PROVIDE FOR A MAXIMUM TAX".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                        HOUSE BILL NO. 422, As Amended in the Senate
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE CIRCUIT BREAKER PROPERTY TAX RELIEF PROGRAM; AMENDING  SECTION
  3        63-705,  IDAHO  CODE, TO DELETE ADJUSTMENTS TO INCOME LIMITATIONS, TO PRO-
  4        VIDE FOR A MAXIMUM INCOME LIMITATION OF THE GREATER OF TWENTY-EIGHT  THOU-
  5        SAND  DOLLARS  FOR TAX YEAR 2006, AND EACH TAX YEAR THEREAFTER OR ONE HUN-
  6        DRED EIGHTY-FIVE PERCENT OF THE FEDERAL POVERTY GUIDELINES FOR A HOUSEHOLD
  7        OF TWO FOR TAX YEAR 2006, AND EACH TAX YEAR THEREAFTER, AND TO PROVIDE FOR
  8        A MAXIMUM TAX REDUCTION OF ONE THOUSAND THREE HUNDRED  TWENTY  DOLLARS  IN
  9        TAX  YEAR  2006 AND THEREAFTER AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
 10        SECTION 63-701, IDAHO CODE, TO REVISE THE DEFINITIONS  OF  "CLAIMANT"  AND
 11        "INCOME"; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That  Section  63-705, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        63-705.  PUBLICATION OF CHANGES IN INCOME  LIMITATIONS  AND  PROPERTY  TAX
 16    REDUCTION  AMOUNTS.  (1) The state tax commission shall publish adjustments to
 17    the income limitations, and property tax reduction amounts to reflect cost-of-
 18    living fluctuations. The adjustments shall effect changes in each income limi-
 19    tation by a percentage equal as near as practicable  to  the  annual  cost-of-
 20    living  percentage  modification  as determined by the secretary of health and
 21    human services pursuant to 42 USC 415(i) which shall be the greater of: (a) an
 22    individual's income as defined in section 63-701, Idaho Code, of not more than
 23    twenty-eight thousand dollars ($28,000) per household for  tax year 2006,  and
 24    each tax year thereafter; or (b) one hundred eighty-five percent (185%) of the
 25    federal  poverty  guidelines for a household of two (2) for tax year 2006, and
 26    each tax year thereafter. The lowest limitation shall allow a  maximum  reduc-
 27    tion  of  one  thousand one hundred dollars ($1,100) in tax year 1998, and one
 28    thousand two three hundred twenty dollars ($1,3200) in tax year 1999 2006  and
 29    thereafter,  or  actual property taxes, whichever is less. Each income limita-
 30    tion and reduction amount shall be prorated based on the basic maximum  reduc-
 31    tion,  in  practicable  increments  so that the highest income limitation will
 32    provide for a reduction of one hundred fifty dollars ($150), or  actual  prop-
 33    erty taxes, whichever is less.
 34        (2)  The  tax  commission  shall  publish the adjustments required by this
 35    section each and every  year  the  secretary  of  health  and  human  services
 36    announces said cost-of-living modification. The adjustments shall be published
 37    no  later  than  October 1 of each such year and shall be effective for claims
 38    filed in and for the following property tax year.
 39        (3)  The publication of adjustments under this  section  shall  be  exempt
 40    from the provisions of chapter 52, title 67, Idaho Code, but shall be provided
 41    to each county and to members of the public upon request and without charge.
                                                                        
 42        SECTION  2.  That  Section  63-701, Idaho Code, be, and the same is hereby
                                                                        
                                           2
                                                                        
  1    amended to read as follows:
                                                                        
  2        63-701.  DEFINITIONS. As used in this chapter:
  3        (1)  "Claimant" means a person who has filed an application under  section
  4    63-602G,  Idaho  Code,  and has filed a claim under the provisions of sections
  5    63-701 through 63-710, Idaho Code. Except as provided  in  section  63-702(2),
  6    Idaho  Code, on January 1, or before April 15, of the year in which the claim-
  7    ant first filed a claim on the homestead in question, a claimant  must  be  an
  8    owner of the homestead and on January 1 of said year a claimant must be:
  9        (a)  Not less than sixty-five (65) years old; or
 10        (b)  A  child  under  the  age of eighteen (18) years who is fatherless or
 11        motherless or who has been abandoned by any surviving parent  or  parents;
 12        or
 13        (c)  A widow or widower; or
 14        (d)  A  disabled  person who is recognized as disabled by the social secu-
 15        rity administration pursuant to title 42 of the United States Code, or  by
 16        the  railroad  retirement  board pursuant to title 45 of the United States
 17        Code, or by the office of management and budget pursuant to title 5 of the
 18        United States Code; or
 19        (e)  A disabled veteran of any war engaged in by the United States,  whose
 20        disability  is recognized as a service-connected disability of a degree of
 21        ten percent (10%) or more, or who has a pension  for  nonservice-connected
 22        disabilities,  in accordance with laws and regulations administered by the
 23        United States department of veterans affairs; or
 24        (f)  A person, as specified in 42 U.S.C. 1701, who was or is  entitled  to
 25        receive benefits because he is known to have been taken by a hostile force
 26        as a prisoner, hostage or otherwise; or
 27        (g)  Blind.
 28        (2)  "Homestead"  means  the  dwelling,  owner-occupied by the claimant as
 29    described in this chapter and used as the primary dwelling place of the claim-
 30    ant and may be occupied by any members of the household as their home, and  so
 31    much  of the land surrounding it, not exceeding one (1) acre, as is reasonably
 32    necessary for the use of the dwelling as a home. It may consist of a part of a
 33    multidwelling or multipurpose building and part of the land upon which  it  is
 34    built.  "Homestead" does not include personal property such as furniture, fur-
 35    nishings or appliances, but a manufactured home may be a homestead.
 36        (3)  "Household" means the claimant and the claimant's  spouse.  The  term
 37    does  not  include bona fide lessees, tenants, or roomers and boarders on con-
 38    tract. "Household" includes persons described in  subsection  (8)(b)  of  this
 39    section.
 40        (4)  "Household  income" means all income received by the claimant and, if
 41    married, all income received by the claimant's spouse, in a calendar year.
 42        (5)  "Income" means the sum of federal adjusted gross income as defined in
 43    the Internal Revenue Code, as defined in section 63-3004, Idaho Code,  and  to
 44    the extent not already included in federal adjusted gross income:
 45        (a)  Alimony;
 46        (b)  Support money;
 47        (c)  Nontaxable strike benefits;
 48        (d)  The  nontaxable  amount of any individual retirement account, pension
 49        or annuity, (including railroad retirement benefits, all payments received
 50        under the federal social security act except  the  social  security  death
 51        benefit  as  specified  in  this  subsection, state unemployment insurance
 52        laws, and veterans disability pensions  and  compensation,  excluding  any
 53        return  of  principal  paid  by the recipient of an  annuity and excluding
 54        rollovers as provided in section 402 or 403 of the Internal Revenue Code);
                                                                        
                                           3
                                                                        
  1        (e)  Nontaxable interest received from the federal government  or  any  of
  2        its  instrumentalities  or a state government or any of its instrumentali-
  3        ties;
  4        (f)  Worker's compensation; and
  5        (g)  The gross amount of loss of earnings insurance.
  6    It does not include capital  gains,  gifts  from  nongovernmental  sources  or
  7    inheritances.  To  the  extent  not  reimbursed,  the  cost of medical care as
  8    defined in section 213(d) of the Internal Revenue Code, incurred  or  paid  by
  9    the  claimant  and,  if  married,  the claimant's spouse, may be deducted from
 10    income. To the extent not reimbursed,  personal  funeral  expenses,  including
 11    prepaid  funeral  expenses  and premiums on funeral insurance, of the claimant
 12    and claimant's spouse only, may be deducted from income up to an annual  maxi-
 13    mum  of  five  thousand  dollars ($5,000) per claim. "Income" does not include
 14    veterans disability pensions received by  a  person  described  in  subsection
 15    (1)(e)  who  is a claimant or a claimant's spouse if the disability pension is
 16    received pursuant to a service-connected disability of a degree of forty  per-
 17    cent (40%) or more. "Income" does not include dependency and indemnity compen-
 18    sation  or death benefits paid to a person described in subsection (1) of this
 19    section by the United States department of veterans affairs and arising from a
 20    service-connected death or disability. "Income"  does  not  include  lump  sum
 21    death  benefits  made  by  the  social  security administration pursuant to 42
 22    U.S.C. section 402(i). Documentation of medical expenses may  be  required  by
 23    the  county  assessor,  board of equalization and state tax commission in such
 24    form as the county assessor, board of equalization  or  state  tax  commission
 25    shall  determine. "Income" shall be that received in the calendar year immedi-
 26    ately preceding the year in which a claim is filed. Where  a  claimant  and/or
 27    the  claimant's  spouse  does  not  file  a federal tax return, the claimant's
 28    and/or the claimant's spouse's federal adjusted gross income, for purposes  of
 29    this  section,  shall be an income equivalent to federal adjusted gross income
 30    had the claimant and/or the claimant's spouse filed a federal tax  return,  as
 31    determined  by the county assessor. The county assessor, board of equalization
 32    or state tax commission may require documentation of income in  such  form  as
 33    each  shall  determine,  including,  but  not limited to: copies of federal or
 34    state tax returns and any attachments thereto; and income reporting forms such
 35    as the W-2 and 1099.
 36        (6)  "Occupied" means actual use and possession.
 37        (7)  "Owner" means a person holding title in fee simple or holding a  cer-
 38    tificate  of  motor vehicle title (either of which may be subject to mortgage,
 39    deed of trust or other lien) or who has retained or been granted a life estate
 40    or who is a person entitled to file a claim under section 63-702, Idaho  Code.
 41    "Owner" shall also include any person who:
 42        (a)  Is  the  beneficiary of a revocable or irrevocable trust which is the
 43        owner of such homestead and under which the  claimant  or  the  claimant's
 44        spouse has the primary right of occupancy of the homestead; or
 45        (b)  Is  a partner of a limited partnership, member of a limited liability
 46        company or shareholder of a corporation if such entity holds title in  fee
 47        simple  or  holds   a certificate of motor vehicle title and if the person
 48        holds at least a five percent (5%) ownership in such entity, as determined
 49        by the county assessor; or
 50        (c)  Has retained or been granted a life estate.
 51    "Owner" includes a vendee in possession under a land sale contract.  Any  par-
 52    tial ownership shall be considered as ownership for determining initial quali-
 53    fication  for property tax reduction benefits; however, the amount of property
 54    tax reduction under section 63-704, Idaho Code, and rules promulgated pursuant
 55    to section 63-705,  Idaho  Code,  shall  be  computed  on  the  value  of  the
                                                                        
                                           4
                                                                        
  1    claimant's  partial  ownership.  "Partial ownership," for the purposes of this
  2    section, means any one (1) person's ownership when property is owned  by  more
  3    than  one (1) person or where the homestead is held by an entity, as set forth
  4    in this subsection, but more than one (1) person has the right of occupancy of
  5    such homestead. A person holding either partial title in fee simple or holding
  6    a certificate of motor vehicle title together with another person but who does
  7    not occupy the dwelling as his primary dwelling place, shall not be considered
  8    an owner for purposes of this section, if such person is a  cosignatory  of  a
  9    note  secured  by  the  dwelling in question and at least one (1) of the other
 10    cosignatories of the note occupies the dwelling as his primary dwelling place.
 11    The combined community property interests of both spouses shall not be consid-
 12    ered partial ownership so long as the combined  community  property  interests
 13    constitute  the entire ownership of the homestead, including where the spouses
 14    are occupying a homestead owned by an entity, as set forth in this subsection,
 15    and the spouses have the primary right of occupancy of the homestead. The pro-
 16    portional reduction required under this subsection shall not apply  to  commu-
 17    nity  property interests. Where title to property was held by a person who has
 18    died without timely filing a claim for property tax reduction, the  estate  of
 19    the  deceased person shall be the "owner," provided that the time periods dur-
 20    ing which the deceased person held such  title  shall  be  attributed  to  the
 21    estate  for  the  computation  of  any time periods under subsection (8)(a) or
 22    (8)(b) of this section.
 23        (8)  (a) "Primary dwelling place" means the claimant's dwelling  place  on
 24        January  1 or before April 15 of the year for which the claim is made. The
 25        primary  dwelling place is the single place where a claimant has his true,
 26        fixed and permanent home and principal establishment, and to  which  when-
 27        ever  the individual is absent he has the intention of returning. A claim-
 28        ant must establish the dwelling to which the claim relates to be his  pri-
 29        mary  dwelling  place  by clear and convincing evidence or by establishing
 30        that the dwelling is where the claimant resided on  January  1  or  before
 31        April 15 and:
 32             (i)   At least six (6) months during the prior year; or
 33             (ii)  The  majority  of  the  time the claimant owned the dwelling if
 34             owned by the claimant less than one (1) year; or
 35             (iii) The majority of the time after the claimant first occupied  the
 36             dwelling  if occupied by the claimant for less than one (1) year. The
 37             county assessor may require written or other proof of  the  foregoing
 38             in such form as the county assessor may determine.
 39        (b)  Notwithstanding  the  provisions of paragraph (a) of this subsection,
 40        the property upon which the claimant makes application shall be deemed  to
 41        be  the  claimant's  primary  dwelling  place if the claimant is otherwise
 42        qualified and resides in a care facility and does not allow  the  property
 43        upon  which  the  claimant  has made application to be occupied by persons
 44        paying a consideration to occupy the dwelling. Payment of utilities  shall
 45        not  be  payment  of  a consideration to occupy the dwelling. A claimant's
 46        spouse who resides in a care facility shall be deemed  to  reside  at  the
 47        claimant's  primary  dwelling  place  and  to  be a part of the claimant's
 48        household. A care facility is a hospital, nursing facility or intermediate
 49        care facility for the mentally retarded as  defined  in  section  39-1301,
 50        Idaho  Code,  or a facility as defined in section 39-3302(14), Idaho Code,
 51        or a dwelling other than the one upon which the applicant  makes  applica-
 52        tion  where  a claimant who is unable to reside in the dwelling upon which
 53        the application is made lives and receives help in daily  living,  protec-
 54        tion and security.
                                                                        
                                           5
                                                                        
  1        SECTION  3.  An  emergency  existing  therefor,  which emergency is hereby
  2    declared to exist, this act shall be in full force and effect on and after its
  3    passage and approval, and retroactively to January 1, 2006.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 15508

This legislation expands the "Circuit Breaker" law because the 
assessed valuation of homes is increasing faster than the
consumer price index to which the law indexed.  This represents a
movement from the current $22,500  to $28,000 as the income
qualifier and an increase from $1200 to $1,320 as the maximum
amount of participation by the state. After this one time step
up, the law will continue to be indexed to the CPI. 


                          FISCAL IMPACT

Reduction of $6,600,000 to the General Fund---If this law is
passed without changing the homeowners exemption. 
Reduction of $4,200,000 to the General Fund---If this law is
passed in conjunction with the expansion of the homeowners
exemption to $75,000.
      

                           
Contact
Name: Rep. Lake 
Phone: 332-1000
Sen. Keough



STATEMENT OF PURPOSE/FISCAL NOTE                         H 422