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H0501...............................................by REVENUE AND TAXATION COUNTY SALES TAX - Amends existing law to revise legislative findings regarding a county sales tax; to delete reference to use tax; to revise the purposes of the tax to include providing affordable housing for local public employees and employees of school districts; to revise general provisions of the tax; and to provide for joint exercise of powers agreements. 01/30 House intro - 1st rdg - to printing 01/31 Rpt prt - to Rev/Tax
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 501 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO COUNTY SALES TAXES; AMENDING SECTION 63-2601, IDAHO CODE, TO 3 REVISE LEGISLATIVE FINDINGS; AMENDING SECTION 63-2602, IDAHO CODE, TO 4 REVISE THE PURPOSES OF THE TAX, TO DEFINE A TERM AND TO DELETE REFERENCE 5 TO USE TAX; AMENDING SECTION 63-2603, IDAHO CODE, TO DELETE REFERENCE TO 6 USE TAX; AMENDING SECTION 63-2604, IDAHO CODE, TO REVISE GENERAL PROVI- 7 SIONS, TO DELETE REFERENCE TO USE TAX AND TO PROVIDE FOR JOINT EXERCISE OF 8 POWERS AGREEMENTS; AND AMENDING SECTION 4, CHAPTER 363, LAWS OF 2003, TO 9 REMOVE A SUNSET DATE. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 63-2601, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 63-2601. LEGISLATIVE FINDINGS. The legislature hereby finds that the 14increase inrapid growth of the population of certain counties and the influx 15 of great numbers ofpeople travelingshort-term residents to those counties 16for sport, recreation and business havehas created a drain onthecounty in- 17 frastructure that is borne to an inequitable degree by the property owners of 18 those counties through the payment of property taxes. The legislature finds 19 that it isbothequitableand desirableto shift a portion of this tax burden 20in partfrom the property owners of the county to those visitors partaking of 21 the services of the county. This would be accomplished by using one-half (1/2) 22 of the proceeds of sales taxes collected pursuant to this chapter for property 23 tax relief. The legislature finds that a local option tax has been used effec- 24 tively in parts of Idaho and that other counties could benefit from this tool 25 as a means of paying for infrastructure enhancement and the provision of 26 affordable housing within the county for employees of the county, city, other 27 political subdivision or a school district located in the county. The legisla- 28 ture also finds that this objective must be subject to the approval and super- 29 vision of the voters of the county, both through their elected officials and 30 through direct input at the ballot box. 31 SECTION 2. That Section 63-2602, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 63-2602. AUTHORITY FOR COUNTY SALESOR USETAX. The voters of a county 34 are given the authority to authorize their county government to adopt, imple- 35 ment and collect a sales taxor use taxupon all sales, without exception, 36 that are subject to taxation under chapter 36, title 63, Idaho Code. The 37 county commissioners of any such county are hereby given the freedom and 38 authority to adopt, implement and collect a salesor usetax as provided 39 herein if approved by the required minimum of sixty-six and two-thirds percent 40 (66 2/3%) of county voters voting in an election conducted on the fourth Tues- 41 day in May or on the first Tuesday after the first Monday in November. No 2 1 local option salesor usetax proposal may be presented to county voters for 2 approval or modification for a period of fifty-one (51) weeks after an elec- 3 tion to approve or disapprove such tax. The question presented to the voters 4 of a county shall state the rate of the local salesor usetax, the duration 5 of the tax, which shall not exceed ten (10) years, and the purposes of the tax 6 which shall be county property tax relief anddebt retirement for expansion of7detention facilitiesthe funding of capital projects, exclusive of maintenance 8 and operation costs including affordable housing as defined in this section or 9 by federal guidelines. As used in this section, "affordable housing" means 10 property that is developed or purchased by the county, city, other political 11 subdivision or school district located within the county or their designees 12 for affordable housing for full-time county, city, other political subdivision 13 or school district employees. For the purposes of this section, the term 14 "affordable housing" shall mean that all of the following conditions are met: 15 (1) The county commissioners, city council, board of another political 16 subdivision or the board of trustees of a school district by majority vote of 17 the members of the full board of county commissioners, city council, board of 18 another political subdivision or the full board of trustees of a school dis- 19 trict, through resolution has made an express determination that affordable 20 housing is needed for full-time county, city, other political subdivision or 21 school district employees because the median cost of a single family home in 22 the county exceeds by three hundred percent (300%) the median salary of a 23 full-time employee of the county, city, other political subdivision or school 24 district. 25 (2) The board of county commissioners has signed findings of fact and 26 conclusions of law which support such resolution and has determined that the 27 resolution was based on substantial and competent evidence. 28 (3) The real property or other housing designated as affordable housing 29 must be conveyed to the employee of the county, city, other political subdivi- 30 sion or school district under a restriction on the transfer of title or 31 interest. Where the real property or other housing is sold by the county, 32 city, other political subdivision or school district, the deed from the 33 county, city, other political subdivision or school district shall restrict 34 any subsequent transfer of the real property or other housing as follows: 35 (a) The real property or other housing shall only be conveyed, leased or 36 otherwise transferred to a person approved by the board of county commis- 37 sioners, city council, board of another political subdivision or the board 38 of trustees of the school district in writing. The board of county commis- 39 sioners, city council, board of another political subdivision or the board 40 of trustees shall only approve such person(s) as subsequent transferees 41 who qualify for affordable housing under guidelines published by the board 42 of county commissioners, city council, board of another political subdivi- 43 sion or the board of trustees, which guidelines shall include findings 44 based on substantial and competent evidence; and 45 (b) The board of county commissioners, city council, board of another 46 political subdivision or the board of trustees of a school district 47 shall record a deed or title restriction such that the real property or 48 other housing will be available in perpetuity as affordable housing, 49 unless and until title reverts to the county, city, other political subdi- 50 vision or the school district as the case may be. 51 SECTION 3. That Section 63-2603, Idaho Code, be, and the same is hereby 52 amended to read as follows: 53 63-2603. COUNTY PROPERTY TAX RELIEF FUND. (1) Any county which imple- 3 1 ments a salesor usetax pursuant to this chapter shall create and establish 2 in the office of the county treasurer a county property tax relief fund into 3 which shall be placed a minimum of fifty percent (50%) of any revenue received 4 from the county salesor usetax. On or before the Tuesday following the first 5 Monday in September of each year, the county treasurer shall submit to the 6 board of county commissioners and the state tax commission a statement showing 7 the balance in the county property tax relief fund as of September 1 of that 8 year. 9 (2) No later than October 10, the balance in the county property tax 10 relief fund, as of September 1, shall be distributed to the county and any 11 cities within the county entitled to receive revenues from the county salesor12usetax. Moneys distributed shall be in an amount proportional to the percent- 13 age that the previous year's property tax portion of the budget subject to the 14 limitations of section 63-802, Idaho Code, for the county and each city bears 15 to the previous year's total property tax portion of the budget subject to the 16 limitations of section 63-802, Idaho Code, for the county and all cities in 17 the county. 18 (3) The dollar amount subject to the limitations of section 63-802, Idaho 19 Code, shall be the sum of the dollar amount of the portion of property taxes 20 certified to the board of county commissioners under section 63-804, Idaho 21 Code, and subject to the limitations of section 63-802, Idaho Code, as if no 22 county property tax relief fund moneys were to be distributed, and the dollar 23 amount to be received from the property tax relief fund. The division of the 24 resulting sum by the value subject to taxation is a quotient that shall not 25 exceed the levy limits prescribed by Idaho Code. If these limitations are 26 exceeded, the board of county commissioners shall reduce any applicable budget 27 request to comply with this section. The levy set to fund this portion of the 28 budget shall be calculated based on the budget subject to the limitations of 29 section 63-802, Idaho Code, less the money to be received from the county 30 property tax relief fund. 31 SECTION 4. That Section 63-2604, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 63-2604. GENERAL PROVISIONS. Any ordinance assessing a tax pursuant to 34 this chapter shall contain a finding by the board of county commissioners 35 based upon evidence presented to it that the conditions set forth in section 36 63-2601, Idaho Code, exist and shall provide the methods for reporting and 37 collecting taxes due. Taxes collected pursuant to any such ordinance shall be 38 remitted to the county official designated in such ordinance or other such 39 official contracting, pursuant to this chapter, with the county to provide 40 collection services, and shall constitute revenue of the county available for 41 county property tax relief anddebt retirement for expansion of detention42facilitiesthe funding of capital projects, exclusive of maintenance and oper- 43 ation costs including affordable housing as defined in section 63-2602, Idaho 44 Code, or by federal guidelines. In any election, the ordinance submitted to 45 county voters shall: (1) state and define the salesor usetax to be approved; 46 (2) state the exact rate of the tax to be assessed, which in no event shall 47 exceed five-tenths of one percent (0.5%) of the sales price of an item subject 48 to taxation; (3) state that the revenues derived from the salesor usetax 49 shall be used for county property tax relief anddebt retirement for expansion50of detention facilitiesthe funding of capital projects, exclusive of mainte- 51 nance and operation costs including affordable housing as defined in section 52 63-2602, Idaho Code, or by federal guidelines; (4) state the duration of the 53 tax which shall not be in excess of ten (10) years or the date the obligation 4 1 has been met for the project for which the salesand usetax was passed pursu- 2 ant to this chapter, whichever occurs first. The county clerk of any county 3 adopting an ordinance, or any amendment thereto, shall forward a copy of the 4 ordinance or amendment to the state controller, the chairman of the state tax 5 commission and the chairman of the state board of tax appeals. 6 A board of county commissioners, a city council, the board of another 7 political subdivision or the board of trustees of a school district may enter 8 into a joint exercise of powers agreement to implement the provisions of this 9 chapter and provide for sharing of revenue in the event a tax is adopted for 10 affordable housing purposes. 11 SECTION 5. That Section 4, Chapter 363, Laws of 2003, be, and the same is 12 hereby amended to read as follows: 13 SECTION 4. An emergency existing therefor, which emergency is hereby 14 declared to exist, this act shall be in full force and effect on and after its 15 passage and approval, and shall be null, void and of no force and effect on16and after December 31, 2009.
STATEMENT OF PURPOSE RS 15652C1 This legislation provides counties the opportunity to implement and collect a sales tax, of up to 0.5% or five tenths of one percent. It requires a 66 2/3% vote, sunsets every ten years and clarifies that the revenues are to be used for property tax relief and the funding of capital projects, exclusive of maintenance and operations, including affordable housing. FISCAL NOTE No impact to the state's general fund. County revenues dependent on county sales tax receipts. Contact Name: Rep. Wendy Jaquet Phone: 332-1130 STATEMENT OF PURPOSE/FISCAL NOTE H 501