2006 Legislation
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HOUSE BILL NO. 502 – County sales tax, capital projects

HOUSE BILL NO. 502

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Bill Status



H0502...............................................by REVENUE AND TAXATION
COUNTY SALES TAX - Amends existing law relating to county sales taxes to
revise legislative findings; to require that a minimum number of registered
voters vote in order for a local option tax to be valid; to revise the
purposes of the tax; and to remove a sunset date.
                                                                        
01/30    House intro - 1st rdg - to printing
01/31    Rpt prt - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 502
                                                                        
                             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        REQUIRE THAT A MINIMUM NUMBER OF REGISTERED VOTERS VOTE IN ORDER  FOR  THE
  5        TAX  TO  BE  VALID AND TO REVISE THE PURPOSES OF THE TAX; AMENDING SECTION
  6        63-2604, IDAHO CODE, TO REVISE GENERAL PROVISIONS; AND AMENDING SECTION 4,
  7        CHAPTER 363, LAWS OF 2003, TO REMOVE A SUNSET DATE.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Section 63-2601, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:
                                                                        
 11        63-2601.  LEGISLATIVE  FINDINGS.  The  legislature  hereby  finds that the
 12    increase in rapid growth of the population of certain counties and the  influx
 13    of  great  numbers  of people traveling short-term residents to those counties
 14    for sport, recreation and business have created a drain on the  county  infra-
 15    structure  that  is  borne  to an inequitable degree by the property owners of
 16    those counties through the payment of property taxes.  The  legislature  finds
 17    that  it is both equitable and desirable to shift a portion of this tax burden
 18    in part from the property owners of the county to those visitors partaking  of
 19    the services of the county. This would be accomplished by using one-half (1/2)
 20    of the proceeds of sales taxes collected pursuant to this chapter for property
 21    tax relief. The legislature finds that a local option tax has been used effec-
 22    tively  in parts of Idaho and that other counties could benefit from this tool
 23    as a means of paying for  infrastructure  enhancement.  The  legislature  also
 24    finds  that  this objective must be subject to the approval and supervision of
 25    the voters of the county, both through their  elected  officials  and  through
 26    direct input at the ballot box.
                                                                        
 27        SECTION  2.  That  Section 63-2602, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        63-2602.  AUTHORITY FOR COUNTY SALES OR USE TAX. The voters  of  a  county
 30    are  given the authority to authorize their county government to adopt, imple-
 31    ment and collect a sales tax or use tax upon  all  sales,  without  exception,
 32    that  are  subject  to  taxation  under  chapter 36, title 63, Idaho Code. The
 33    county commissioners of any such county  are  hereby  given  the  freedom  and
 34    authority  to  adopt,  implement  and  collect  a sales or use tax as provided
 35    herein if approved by the required minimum of sixty-six and two-thirds percent
 36    (66 2/3%) of county voters voting in an election conducted on the fourth Tues-
 37    day in May or on the first Tuesday after the first Monday  in  November,  pro-
 38    vided  that  a  minimum of forty percent (40%) of the registered voters in the
 39    county must vote in such election for the tax to be  valid.  No  local  option
 40    sales  or  use  tax proposal may be presented to county voters for approval or
 41    modification for a period of fifty-one (51) weeks after an election to approve
                                                                        
                                           2
                                                                        
  1    or disapprove such tax. The question presented to the voters of a county shall
  2    state the rate of the local sales or use tax, the duration of the  tax,  which
  3    shall  not  exceed  ten (10) years, and the purposes of the tax which shall be
  4    county property tax relief and debt  retirement  for  expansion  of  detention
  5    facilities the funding of capital projects, exclusive of maintenance and oper-
  6    ation costs.
                                                                        
  7        SECTION  3.  That  Section 63-2604, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        63-2604.  GENERAL PROVISIONS. Any ordinance assessing a  tax  pursuant  to
 10    this  chapter  shall  contain  a  finding by the board of county commissioners
 11    based upon evidence presented to it that the conditions set forth  in  section
 12    63-2601,  Idaho  Code,  exist  and shall provide the methods for reporting and
 13    collecting taxes due. Taxes collected pursuant to any such ordinance shall  be
 14    remitted  to  the  county  official designated in such ordinance or other such
 15    official contracting, pursuant to this chapter, with  the  county  to  provide
 16    collection  services, and shall constitute revenue of the county available for
 17    county property tax relief and debt  retirement  for  expansion  of  detention
 18    facilities the funding of capital projects, exclusive of maintenance and oper-
 19    ation  costs. In any election, the ordinance submitted to county voters shall:
 20    (1) state and define the sales or use tax to be approved; (2) state the  exact
 21    rate  of the tax to be assessed, which in no event shall exceed five-tenths of
 22    one percent (0.5%) of the sales price of an  item  subject  to  taxation;  (3)
 23    state  that  the  revenues derived from the sales or use tax shall be used for
 24    county property tax relief and debt  retirement  for  expansion  of  detention
 25    facilities the funding of capital projects, exclusive of maintenance and oper-
 26    ation costs; (4) state the duration of the tax which shall not be in excess of
 27    ten  (10)  years  or  the date the obligation has been met for the project for
 28    which the sales and use tax was passed pursuant  to  this  chapter,  whichever
 29    occurs  first.  The  county  clerk of any county adopting an ordinance, or any
 30    amendment thereto,  shall forward a copy of the ordinance or amendment to  the
 31    state controller, the chairman of the state tax commission and the chairman of
 32    the state board of tax appeals.
                                                                        
 33        SECTION 4.  That Section 4, Chapter 363, Laws of 2003, be, and the same is
 34    hereby amended to read as follows:
                                                                        
 35        SECTION  4.  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 shall be null, void and of no force  and  effect  on
 38    and after December 31, 2009.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15677

     This legislation authorizes counties to adopt local option sales
taxes and to implement and collect such tax.  The bill requires that
the measure 1)be put to the voters and obtain a minimum of 66 2/3%
approval, 2)set forth the capital project to be funded, 3)be set for a
period of time, 10 years or less, and 4)set forth the rate of taxation
and that rate shall not exceed .5%.  Not less than 50% of the revenue
generated would be applied to reduce existing property taxes and the
balance of such revenues used to provide needed services which would
other wise be paid for by general fund revenues.  Elections can only
be held on primary and general election dates and 40% of the
registered voters must vote to validate the outcome.

  
                           FISCAL NOTE

     There is no impact to the state of Idaho as a result of this
legislation. Should the voters in a county pass a local option sales
tax, property taxes would be reduced by one-half of the additional tax
collected with the balance applied to the specific purpose indicated.  



Contact
Name: Senator John Goedde, Senator Dick Compton  
Representatives Marge Chadderdon, Frank Henderson, George Saylor 
Phone: 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                         H 502