View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN 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 ofone thousand one hundred dollars21($1,100) in tax year 1998, andone thousandtwothree hundred twenty dollars 22 ($1,3200) in tax year19992006 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.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved 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 includecapital 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-4living fluctuations. The adjustments shall effect changes in each income limi-5tation by a percentage equal as near as practicable to the annual cost-of-6living percentage modification as determined by the secretary of health and7human 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".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN 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-18living fluctuations. The adjustments shall effect changes in each income limi-19tation by a percentage equal as near as practicable to the annual cost-of-20living percentage modification as determined by the secretary of health and21human 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 ofone thousand one hundred dollars ($1,100) in tax year 1998, andone 28 thousandtwothree hundred twenty dollars ($1,3200) in tax year19992006 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 includecapital 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 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