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H0480aa.............................................by REVENUE AND TAXATION PROPERTY TAX - Adds to and amends existing law to provide a mechanism for the voters of certain taxing districts to reduce the property tax portion of the taxing district's budget for the following fiscal year, with exceptions; to define terms; to provide procedures; to provide a restriction imposed by statute for indigent assistance; to provide the amount of the property tax portion of a taxing district's budget in the event a taxing district's property tax portion of its budget is established pursuant to a property tax reduction election; to provide for an increase of that amount according to certain factors; and to limit foregone increases. 01/26 House intro - 1st rdg - to printing 01/27 Rpt prt - to Rev/Tax 02/15 Rpt out - to Gen Ord 02/16 Rpt out amen - to engros 02/17 Rpt engros - 1st rdg - to 2nd rdg as amen Rls susp - PASSED - 62-7-1 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart(Jacobson), Harwood, Henbest, Henderson, Kemp, Lake, LeFavour, Loertscher, Mathews, McGeachin, McKague, Mitchell, Moyle, Nielsen, Nonini, Pence, Raybould, Ring, Roberts, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- Boe, Jaquet, Martinez, Pasley-Stuart, Ringo, Rusche, Smith(30) Absent and excused -- Miller Floor Sponsor - Moyle Title apvd - to Senate 02/20 Senate intro - 1st rdg - to Loc Gov
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 480 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO LIMITATION OF PROPERTY TAXES; AMENDING CHAPTER 8, TITLE 63, IDAHO 3 CODE, BY THE ADDITION OF A NEW SECTION 63-802B, IDAHO CODE, TO PROVIDE A 4 MECHANISM FOR THE VOTERS OF CERTAIN TAXING DISTRICTS TO REDUCE THE PROP- 5 ERTY TAX PORTION OF THE TAXING DISTRICT'S BUDGET FOR THE FOLLOWING FISCAL 6 YEAR, TO DEFINE TERMS AND TO PROVIDE PROCEDURES; AMENDING SECTION 63-802, 7 IDAHO CODE, TO PROVIDE A RESTRICTION IMPOSED BY LAW ON SCHOOL DISTRICTS, 8 TO PROVIDE FOR A LIMIT ON AN INCREASE IN THE EVENT A TAXING DISTRICT'S 9 PROPERTY TAX PORTION OF ITS BUDGET IS ESTABLISHED PURSUANT TO A PROPERTY 10 TAX REDUCTION ELECTION AND TO LIMIT FOREGONE INCREASES; PROVIDING SEVER- 11 ABILITY; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Chapter 8, Title 63, Idaho Code, be, and the same is 14 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 15 ignated as Section 63-802B, Idaho Code, and to read as follows: 16 63-802B. TAXPAYER PROPERTY TAX RELIEF. (1) Property tax is a local tax 17 best controlled by registered voters in any given taxing district; such dis- 18 trict generally having been established at the request of the voters, or by 19 legislative action to comply with provisions of the state's constitution. It 20 is therefor legislative intent that taxpayers have proper authority to resist 21 excessive property taxes and, to this end, taxpayers in any given tax district 22 may initiate local option property tax relief in the form of a budget limita- 23 tion on the property tax portion of the district's budget. This section shall 24 only apply to those taxing districts subject to the provisions of section 25 63-802, Idaho Code, and whose property tax portion of its budget equals or 26 exceeds two hundred fifty thousand dollars ($250,000) annually. 27 (2) For the purpose of this section, the term "property tax portion of 28 the district's budget" does not include revenues from nonproperty tax sources 29 nor amounts or levies that have been voter approved for bonds, override 30 levies, supplemental levies, levies applicable to newly annexed property, 31 school districts or levies for newly created taxing districts. 32 (3) After a district has adopted a budget for the forthcoming fiscal 33 year, electors who are registered to vote in the taxing district may initiate 34 a budget limitation election that places a budget limitation on the property 35 tax portion of the district's budget. The limit shall be the amount estab- 36 lished by the election in the district which amount shall be effective for the 37 district's next fiscal year following the election. In the event of multiple 38 petitions, the petition first certified by the taxing district clerk shall be 39 the question for election. An election may be held pursuant to section 63-802, 40 Idaho Code, for an override of the budget limitation. The budget limitation of 41 this section shall be automatically terminated in the event a district subject 42 to the limitation shall consolidate or combine with another district. The 43 newly formed district shall be subject to all of the provisions of this sec- 2 1 tion as a newly created taxing district. 2 (4) Qualified electors may initiate any budget limitation election by 3 submitting a petition to the governing board of the district that has been 4 signed by twenty-five (25) residents of the district. The petition shall be in 5 substantially the following form: 6 BUDGET LIMITATION PETITION 7 To the (name of the taxing district): 8 We, the undersigned agree that the property tax portion of the 9 district's budget, as most recently adopted by the district governing 10 board, is excessive in its demand for increased property tax and 11 request that the following question be placed on the ballot to wit: 12 "Shall the property tax portion of the .... district's budget be 13 limited to ....(insert dollar amount)....?". 14 (5) Upon receiving a signed petition, the governing board clerk of the 15 district shall review the petition and determine whether the signatures 16 thereon are valid. Upon a determination that sufficient signatures for passage 17 are valid, the governing board may give notice and hold a public hearing 18 within thirty (30) days to explain the currently adopted budget and future 19 expectations and needs. Notice of such hearing shall be prominently adver- 20 tised, to include the place, hour and day of the hearing. After the hearing, 21 or if no hearing is held, the district shall conduct an election at the first 22 available election date. The election shall meet the requirements of section 23 34-106, Idaho Code. Notice of the election shall be posted at least ten (10) 24 days prior to the date of the election in at least one (1) conspicuous place 25 in the district, such place to be determined by the governing board. At least 26 ten (10) days before the election, a copy of such notice shall also be pub- 27 lished in a daily or weekly newspaper published within the district, in at 28 least one (1) issue thereof. If there is no newspaper within the district, the 29 governing board shall advertise as specified above in a newspaper of general 30 circulation within the district. The place, hour and day of such election 31 shall be specified in the notice. Within seven (7) days after the election, 32 the governing board shall canvass the ballots and certify the results to the 33 county clerk and the state tax commission. 34 (6) If a budget limitation election is held, the question for election 35 shall be: 36 "Shall the property tax portion of the district's budget be lim- 37 ited to ....(insert dollar amount)....?". 38 For this election: 39 (a) The term "property tax portion of the district's budget" does not 40 include revenues from nonproperty tax sources and does not include revenue 41 from levies that are voter approved for bonds, override levies, supplemen- 42 tal levies, or for levies applicable to newly annexed property, or for 43 levies for newly created taxing districts; and 44 (b) Budget limitation elections may be initiated either by twenty-five 45 (25) residents of the district or the district's governing board. No more 46 than one (1) budget limitation election may be held in any one (1) year. 47 (7) If a majority of the persons voting at the budget limitation election 48 vote in favor of the question, the property tax portion of the district's bud- 49 get shall be limited to the amount established by the registered voters in 50 the district provided an override election pursuant to section 63-802, Idaho 51 Code, is not held and passed in the interim. 52 (8) The cost of publication, hearing or election required in this section 53 shall be paid from any district fund which is not prohibited by statute from 54 being used for this purpose. 3 1 SECTION 2. That Section 63-802, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 63-802. LIMITATION ON BUDGET REQUESTS -- LIMITATION ON TAX CHARGES -- 4 EXCEPTIONS. (1) Except as provided in subsection (3) of this section for tax 5 year 1995, and each year thereafter, no taxing district shall certify a bud- 6 get request for an amount of property tax revenues to finance an annual budget 7 that exceeds the greater of: 8 (a) The dollar amount of property taxes certified for its annual budget 9 for any one (1) of the three (3) tax years preceding the current tax year, 10 whichever is greater, which amount may be increased by a growth factor of 11 not to exceed three percent (3%) plus the amount of revenue that would 12 have been generated by applying the levy of the previous year, not includ- 13 ing any levy described in subsection (4) of this section, to any increase 14 in market value subject to taxation resulting from new construction or 15 change of land use classification as evidenced by the value shown on the 16 new construction roll compiled pursuant to section 63-301A, Idaho Code; 17 and by the value of annexation during the previous calendar year, as cer- 18 tified by the state tax commission for market values of operating property 19 of public utilities and by the county assessor; or 20 (b) The dollar amount of property taxes certified for its annual budget 21 during the last year in which a levy was made; or 22 (c) The dollar amount of the actual budget request, if the taxing dis- 23 trict is newly created except as may be provided in subsection (1)(h) of 24 this section; or 25 (d) In the case of school districts, the restriction imposedin section2633-802, Idaho Codeby law; or 27 (e) In the case of a nonschool district for which less than the maximum 28 allowable increase in the dollar amount of property taxes is certified 29 for annual budget purposes in any one (1) year, such a district may, in 30 any following year, recover the foregone increase by certifying, in addi- 31 tion to any increase otherwise allowed, an amount not to exceed one hun- 32 dred percent (100%) of the increase originally foregone. Said additional 33 amount shall be included in future calculations for increases as allowed; 34 or 35 (f) In the case of cities, if the immediately preceding year's levy sub- 36 ject to the limitation provided by this section, is less than 0.004, the 37 city may increase its budget by an amount not to exceed the difference 38 between 0.004 and actual prior year's levy multiplied by the prior year's 39 market value for assessment purposes. The additional amount must be 40 approved by sixty percent (60%) of the voters voting on the question at an 41 election called for that purpose and held on the date in May or November 42 provided by law, and may be included in the annual budget of the city for 43 purposes of this section; or 44 (g) A taxing district may submit to the electors within the district the 45 question of whether the budget from property tax revenues may be increased 46 beyond the amount authorized in this section, but not beyond the levy 47 authorized by statute. The additional amount must be approved by sixty-six 48 and two-thirds percent (66 2/3%) or more of the voters voting on the ques- 49 tion at an election called for that purpose and held on the May or Novem- 50 ber dates provided by section 34-106, Idaho Code. If approved by the 51 required minimum sixty-six and two-thirds percent (66 2/3%) of the voters 52 voting at the election, the new budget amount shall be the base budget for 53 the purposes of this section; or 54 (h) When a nonschool district consolidates with another nonschool dis- 4 1 trict or dissolves and a new district performing similar governmental 2 functions as the dissolved district forms with the same boundaries within 3 three (3) years, the maximum amount of a budget of the district from prop- 4 erty tax revenues shall not be greater than the sum of the amounts that 5 would have been authorized by this section for the district itself or for 6 the districts that were consolidated or dissolved and incorporated into a 7 new district; or 8 (i) In the instance or case of cooperative service agencies, the restric- 9 tions imposed in sections 33-315 through 33-318, Idaho Code. 10 (2) In the case of fire districts, during the year immediately following 11 the election of a public utility or public utilities to consent to be provided 12 fire protection pursuant to section 31-1422, Idaho Code, the maximum amount of 13 property tax revenues permitted in subsection (1) of this section may be 14 increased by an amount equal to the current year's taxable value of the con- 15 senting public utility or public utilities multiplied by that portion of the 16 prior year's levy subject to the limitation provided by subsection (1) of this 17 section. 18 (3) No board of county commissioners shall set a levy, nor shall the 19 state tax commission approve a levy for annual budget purposes which exceeds 20 the limitation imposed in subsection (1) or (5) of this section, unless 21 authority to exceed such limitation has been approved by a majority of the 22 taxing district's electors voting on the question at an election called for 23 that purpose and held pursuant to section 34-106, Idaho Code, provided how- 24 ever, that such voter approval shall be for a period of not to exceed two (2) 25 years. 26 (4) The amount of property tax revenues to finance an annual budget does 27 not include revenues from nonproperty tax sources, and does not include reve- 28 nue from levies that are voter approved for bonds, override levies or supple- 29 mental levies, plant facilities reserve fund levies, school emergency fund 30 levies or for levies applicable to newly annexed property or for levies appli- 31 cable to new construction as evidenced by the value of property subject to the 32 occupancy tax pursuant to section 63-317, Idaho Code, for the preceding tax 33 year. 34 (5) In the event an election is held pursuant to section 63-802B, Idaho 35 Code, and the property tax portion of a taxing district's budget is reduced 36 pursuant to that election, the amount of the property tax portion of the 37 district's budget that has been reduced pursuant to election shall be the 38 amount that may be increased by a growth factor of not to exceed three percent 39 (3%) plus the amount of revenue that would have been generated by applying the 40 levy of the previous year, not including any levy described in subsection (4) 41 of this section, to any increase in market value subject to taxation resulting 42 from new construction or change of land use classification as evidenced by the 43 value shown on the new construction roll compiled pursuant to section 63-301A, 44 Idaho Code; and by the value of annexation during the previous calendar year, 45 as certified by the state tax commission for market values of operating prop- 46 erty of public utilities and by the county assessor. In the year of the ini- 47 tial reduction, the taxing district shall not be eligible to recover the fore- 48 gone increase pursuant to subsection (1)(e) of this section. 49 SECTION 3. SEVERABILITY. The provisions of this act are hereby declared 50 to be severable and if any provision of this act or the application of such 51 provision to any person or circumstance is declared invalid for any reason, 52 such declaration shall not affect the validity of the remaining portions of 53 this act. 5 1 SECTION 4. 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.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Moyle Seconded by Crow IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENTS TO H.B. NO. 480 1 AMENDMENTS TO SECTION 1 2 On page 2 of the printed bill, delete lines 3 through 5 and insert: 3 "submitting a petition that has been signed by residents of the district to 4 the governing board of the district equal to or exceeding ten percent (10%) of 5 the number of voters voting at the last election of the taxing district. The 6 petition shall be in substantially the following form:"; delete lines 44 7 through 46 and insert: 8 "(b) Budget limitation elections may be initiated either by the number of 9 residents of the district equal to or exceeding ten percent (10%) of the 10 number of voters voting at the last election of the taxing district or the 11 district's governing board. No more than one (1) budget limitation elec- 12 tion may be held in any one (1) year."; 13 and delete line 47 and insert: 14 "(7) If sixty-six and two-thirds percent (66 2/3%) or more of the persons 15 voting at the budget limitation election". 16 AMENDMENT TO SECTION 2 17 On page 3, delete lines 25 and 26 and insert: 18 "(d) In the case of school districts, the restriction imposed in section 19 33-802, Idaho Code, in the case of counties for indigent assistance, the 20 restriction imposed in section 31-863, Idaho Code; or". 21 CORRECTIONS TO TITLE 22 On page 1, in line 6 following "YEAR" insert: "WITH EXCEPTIONS"; and 23 delete line 7, and insert: "IDAHO CODE, TO PROVIDE A RESTRICTION IMPOSED BY A 24 STATUTE FOR INDIGENT ASSISTANCE,".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 480, As Amended BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO LIMITATION OF PROPERTY TAXES; AMENDING CHAPTER 8, TITLE 63, IDAHO 3 CODE, BY THE ADDITION OF A NEW SECTION 63-802B, IDAHO CODE, TO PROVIDE A 4 MECHANISM FOR THE VOTERS OF CERTAIN TAXING DISTRICTS TO REDUCE THE PROP- 5 ERTY TAX PORTION OF THE TAXING DISTRICT'S BUDGET FOR THE FOLLOWING FISCAL 6 YEAR WITH EXCEPTIONS, TO DEFINE TERMS AND TO PROVIDE PROCEDURES; AMENDING 7 SECTION 63-802, IDAHO CODE, TO PROVIDE A RESTRICTION IMPOSED BY A STATUTE 8 FOR INDIGENT ASSISTANCE, TO PROVIDE FOR A LIMIT ON AN INCREASE IN THE 9 EVENT A TAXING DISTRICT'S PROPERTY TAX PORTION OF ITS BUDGET IS ESTAB- 10 LISHED PURSUANT TO A PROPERTY TAX REDUCTION ELECTION AND TO LIMIT FOREGONE 11 INCREASES; PROVIDING SEVERABILITY; DECLARING AN EMERGENCY AND PROVIDING 12 RETROACTIVE APPLICATION. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Chapter 8, Title 63, Idaho Code, be, and the same is 15 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 16 ignated as Section 63-802B, Idaho Code, and to read as follows: 17 63-802B. TAXPAYER PROPERTY TAX RELIEF. (1) Property tax is a local tax 18 best controlled by registered voters in any given taxing district; such dis- 19 trict generally having been established at the request of the voters, or by 20 legislative action to comply with provisions of the state's constitution. It 21 is therefor legislative intent that taxpayers have proper authority to resist 22 excessive property taxes and, to this end, taxpayers in any given tax district 23 may initiate local option property tax relief in the form of a budget limita- 24 tion on the property tax portion of the district's budget. This section shall 25 only apply to those taxing districts subject to the provisions of section 26 63-802, Idaho Code, and whose property tax portion of its budget equals or 27 exceeds two hundred fifty thousand dollars ($250,000) annually. 28 (2) For the purpose of this section, the term "property tax portion of 29 the district's budget" does not include revenues from nonproperty tax sources 30 nor amounts or levies that have been voter approved for bonds, override 31 levies, supplemental levies, levies applicable to newly annexed property, 32 school districts or levies for newly created taxing districts. 33 (3) After a district has adopted a budget for the forthcoming fiscal 34 year, electors who are registered to vote in the taxing district may initiate 35 a budget limitation election that places a budget limitation on the property 36 tax portion of the district's budget. The limit shall be the amount estab- 37 lished by the election in the district which amount shall be effective for the 38 district's next fiscal year following the election. In the event of multiple 39 petitions, the petition first certified by the taxing district clerk shall be 40 the question for election. An election may be held pursuant to section 63-802, 41 Idaho Code, for an override of the budget limitation. The budget limitation of 42 this section shall be automatically terminated in the event a district subject 43 to the limitation shall consolidate or combine with another district. The 2 1 newly formed district shall be subject to all of the provisions of this sec- 2 tion as a newly created taxing district. 3 (4) Qualified electors may initiate any budget limitation election by 4 submitting a petition that has been signed by residents of the district to the 5 governing board of the district equal to or exceeding ten percent (10%) of the 6 number of voters voting at the last election of the taxing district. The peti- 7 tion shall be in substantially the following form: 8 BUDGET LIMITATION PETITION 9 To the (name of the taxing district): 10 We, the undersigned agree that the property tax portion of the 11 district's budget, as most recently adopted by the district governing 12 board, is excessive in its demand for increased property tax and 13 request that the following question be placed on the ballot to wit: 14 "Shall the property tax portion of the .... district's budget be 15 limited to ....(insert dollar amount)....?". 16 (5) Upon receiving a signed petition, the governing board clerk of the 17 district shall review the petition and determine whether the signatures 18 thereon are valid. Upon a determination that sufficient signatures for passage 19 are valid, the governing board may give notice and hold a public hearing 20 within thirty (30) days to explain the currently adopted budget and future 21 expectations and needs. Notice of such hearing shall be prominently adver- 22 tised, to include the place, hour and day of the hearing. After the hearing, 23 or if no hearing is held, the district shall conduct an election at the first 24 available election date. The election shall meet the requirements of section 25 34-106, Idaho Code. Notice of the election shall be posted at least ten (10) 26 days prior to the date of the election in at least one (1) conspicuous place 27 in the district, such place to be determined by the governing board. At least 28 ten (10) days before the election, a copy of such notice shall also be pub- 29 lished in a daily or weekly newspaper published within the district, in at 30 least one (1) issue thereof. If there is no newspaper within the district, the 31 governing board shall advertise as specified above in a newspaper of general 32 circulation within the district. The place, hour and day of such election 33 shall be specified in the notice. Within seven (7) days after the election, 34 the governing board shall canvass the ballots and certify the results to the 35 county clerk and the state tax commission. 36 (6) If a budget limitation election is held, the question for election 37 shall be: 38 "Shall the property tax portion of the district's budget be lim- 39 ited to ....(insert dollar amount)....?". 40 For this election: 41 (a) The term "property tax portion of the district's budget" does not 42 include revenues from nonproperty tax sources and does not include revenue 43 from levies that are voter approved for bonds, override levies, supplemen- 44 tal levies, or for levies applicable to newly annexed property, or for 45 levies for newly created taxing districts; and 46 (b) Budget limitation elections may be initiated either by the number of 47 residents of the district equal to or exceeding ten percent (10%) of the 48 number of voters voting at the last election of the taxing district or the 49 district's governing board. No more than one (1) budget limitation elec- 50 tion may be held in any one (1) year. 51 (7) If sixty-six and two-thirds percent (66 2/3%) or more of the persons 52 voting at the budget limitation election vote in favor of the question, the 53 property tax portion of the district's budget shall be limited to the amount 54 established by the registered voters in the district provided an override 3 1 election pursuant to section 63-802, Idaho Code, is not held and passed in the 2 interim. 3 (8) The cost of publication, hearing or election required in this section 4 shall be paid from any district fund which is not prohibited by statute from 5 being used for this purpose. 6 SECTION 2. That Section 63-802, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 63-802. LIMITATION ON BUDGET REQUESTS -- LIMITATION ON TAX CHARGES -- 9 EXCEPTIONS. (1) Except as provided in subsection (3) of this section for tax 10 year 1995, and each year thereafter, no taxing district shall certify a bud- 11 get request for an amount of property tax revenues to finance an annual budget 12 that exceeds the greater of: 13 (a) The dollar amount of property taxes certified for its annual budget 14 for any one (1) of the three (3) tax years preceding the current tax year, 15 whichever is greater, which amount may be increased by a growth factor of 16 not to exceed three percent (3%) plus the amount of revenue that would 17 have been generated by applying the levy of the previous year, not includ- 18 ing any levy described in subsection (4) of this section, to any increase 19 in market value subject to taxation resulting from new construction or 20 change of land use classification as evidenced by the value shown on the 21 new construction roll compiled pursuant to section 63-301A, Idaho Code; 22 and by the value of annexation during the previous calendar year, as cer- 23 tified by the state tax commission for market values of operating property 24 of public utilities and by the county assessor; or 25 (b) The dollar amount of property taxes certified for its annual budget 26 during the last year in which a levy was made; or 27 (c) The dollar amount of the actual budget request, if the taxing dis- 28 trict is newly created except as may be provided in subsection (1)(h) of 29 this section; or 30 (d) In the case of school districts, the restriction imposed in section 31 33-802, Idaho Code, in the case of counties for indigent assistance, the 32 restriction imposed in section 31-863, Idaho Code; or 33 (e) In the case of a nonschool district for which less than the maximum 34 allowable increase in the dollar amount of property taxes is certified 35 for annual budget purposes in any one (1) year, such a district may, in 36 any following year, recover the foregone increase by certifying, in addi- 37 tion to any increase otherwise allowed, an amount not to exceed one hun- 38 dred percent (100%) of the increase originally foregone. Said additional 39 amount shall be included in future calculations for increases as allowed; 40 or 41 (f) In the case of cities, if the immediately preceding year's levy sub- 42 ject to the limitation provided by this section, is less than 0.004, the 43 city may increase its budget by an amount not to exceed the difference 44 between 0.004 and actual prior year's levy multiplied by the prior year's 45 market value for assessment purposes. The additional amount must be 46 approved by sixty percent (60%) of the voters voting on the question at an 47 election called for that purpose and held on the date in May or November 48 provided by law, and may be included in the annual budget of the city for 49 purposes of this section; or 50 (g) A taxing district may submit to the electors within the district the 51 question of whether the budget from property tax revenues may be increased 52 beyond the amount authorized in this section, but not beyond the levy 53 authorized by statute. The additional amount must be approved by sixty-six 4 1 and two-thirds percent (66 2/3%) or more of the voters voting on the ques- 2 tion at an election called for that purpose and held on the May or Novem- 3 ber dates provided by section 34-106, Idaho Code. If approved by the 4 required minimum sixty-six and two-thirds percent (66 2/3%) of the voters 5 voting at the election, the new budget amount shall be the base budget for 6 the purposes of this section; or 7 (h) When a nonschool district consolidates with another nonschool dis- 8 trict or dissolves and a new district performing similar governmental 9 functions as the dissolved district forms with the same boundaries within 10 three (3) years, the maximum amount of a budget of the district from prop- 11 erty tax revenues shall not be greater than the sum of the amounts that 12 would have been authorized by this section for the district itself or for 13 the districts that were consolidated or dissolved and incorporated into a 14 new district; or 15 (i) In the instance or case of cooperative service agencies, the restric- 16 tions imposed in sections 33-315 through 33-318, Idaho Code. 17 (2) In the case of fire districts, during the year immediately following 18 the election of a public utility or public utilities to consent to be provided 19 fire protection pursuant to section 31-1422, Idaho Code, the maximum amount of 20 property tax revenues permitted in subsection (1) of this section may be 21 increased by an amount equal to the current year's taxable value of the con- 22 senting public utility or public utilities multiplied by that portion of the 23 prior year's levy subject to the limitation provided by subsection (1) of this 24 section. 25 (3) No board of county commissioners shall set a levy, nor shall the 26 state tax commission approve a levy for annual budget purposes which exceeds 27 the limitation imposed in subsection (1) or (5) of this section, unless 28 authority to exceed such limitation has been approved by a majority of the 29 taxing district's electors voting on the question at an election called for 30 that purpose and held pursuant to section 34-106, Idaho Code, provided how- 31 ever, that such voter approval shall be for a period of not to exceed two (2) 32 years. 33 (4) The amount of property tax revenues to finance an annual budget does 34 not include revenues from nonproperty tax sources, and does not include reve- 35 nue from levies that are voter approved for bonds, override levies or supple- 36 mental levies, plant facilities reserve fund levies, school emergency fund 37 levies or for levies applicable to newly annexed property or for levies appli- 38 cable to new construction as evidenced by the value of property subject to the 39 occupancy tax pursuant to section 63-317, Idaho Code, for the preceding tax 40 year. 41 (5) In the event an election is held pursuant to section 63-802B, Idaho 42 Code, and the property tax portion of a taxing district's budget is reduced 43 pursuant to that election, the amount of the property tax portion of the 44 district's budget that has been reduced pursuant to election shall be the 45 amount that may be increased by a growth factor of not to exceed three percent 46 (3%) plus the amount of revenue that would have been generated by applying the 47 levy of the previous year, not including any levy described in subsection (4) 48 of this section, to any increase in market value subject to taxation resulting 49 from new construction or change of land use classification as evidenced by the 50 value shown on the new construction roll compiled pursuant to section 63-301A, 51 Idaho Code; and by the value of annexation during the previous calendar year, 52 as certified by the state tax commission for market values of operating prop- 53 erty of public utilities and by the county assessor. In the year of the ini- 54 tial reduction, the taxing district shall not be eligible to recover the fore- 55 gone increase pursuant to subsection (1)(e) of this section. 5 1 SECTION 3. SEVERABILITY. The provisions of this act are hereby declared 2 to be severable and if any provision of this act or the application of such 3 provision to any person or circumstance is declared invalid for any reason, 4 such declaration shall not affect the validity of the remaining portions of 5 this act. 6 SECTION 4. An emergency existing therefor, which emergency is hereby 7 declared to exist, this act shall be in full force and effect on and after its 8 passage and approval, and retroactively to January 1, 2006.
REPRINT REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS 15690 This legislation will amend Chapter 8, Title 63, Idaho Code. By a vote of the people a taxing district budget could be limited. FISCAL NOTE Requires 10% of voters in last election to sign a petition. Requires 66 2/3rd voter approval to pass. Contact Name: Rep. Mike Moyle Phone: (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 480 AA