2006 Legislation
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SENATE BILL NO. 1502 – Property tax/M&O levy/advisory vote

SENATE BILL NO. 1502

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Bill Status



S1502......................................................by STATE AFFAIRS
PROPERTY TAX - ADVISORY VOTE - Adds to existing law to submit an advisory
vote to the electors at the 2006 general election  regarding deleting the
property tax for maintenance and operation of public schools and replacing
it with an increase in the sales tax.
                                                                        
04/11    Senate intro - 1st rdg - to printing
    Rpt prt - to St Aff
    Rpt out - rec d/p - to 2nd rdg
    Rls susp - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher(Fulcher), Gannon, Geddes, Goedde, Hill(Moeller), 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 - Little
    Title apvd - to House
04/11    House intro - 1st rdg - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1502
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PROPERTY TAX FUNDING MAINTENANCE AND OPERATIONS OF PUBLIC  SCHOOLS
  3        AND  REPLACEMENT  FUNDS; STATING LEGISLATIVE FINDINGS, SUBMITTING AN ADVI-
  4        SORY VOTE TO THE ELECTORS, DIRECTING THE SECRETARY OF STATE  AND  ATTORNEY
  5        GENERAL TO PERFORM SPECIFIED DUTIES, STATING THE QUESTION TO BE SUBMITTED,
  6        DECLARING  THE  ADVISORY QUESTION A MEASURE, AND MAKING APPLICABLE CERTAIN
  7        PROVISIONS GOVERNING ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES; AND
  8        DECLARING AN EMERGENCY.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  The Legislature finds and  declares  that  the  issue  of  the
 11    property tax funding maintenance and operations of public schools is of impor-
 12    tance to the citizens of the state of Idaho. As a representative body, members
 13    of  the Legislature desire to be responsive and responsible to these citizens.
 14    For this reason, the Legislature herewith submits an advisory  ballot  to  the
 15    electors  of the state of Idaho, and the results will guide the Legislature as
 16    to whether the three-tenths of one percent property tax contained  in  Section
 17    33-802,  Idaho  Code,  and levied against the market value of taxable property
 18    in the school district for maintenance and operation purposes of  school  dis-
 19    tricts  be  removed  and the funds be replaced by a sufficient increase in the
 20    state sales tax.
 21        At the election to be held on November  7,  2006,  the  question  provided
 22    herein  shall  be  placed  on the ballot as an advisory vote. The Secretary of
 23    State and the Attorney General shall perform the duties as prescribed  for  an
 24    initiative  in Chapter 18, Title 34, Idaho Code. The question shall be as fol-
 25    lows:
 26             "Shall the three-tenths of one percent property tax contained in
 27        Section 33-802, Idaho Code, and levied  against the market  value  of
 28        taxable  property   in the school district for maintenance and opera-
 29        tion purposes of  school  districts  be  removed  and  the  funds  be
 30        replaced by a sufficient increase in the state sales tax?".
 31        The  advisory question provided for in this act is hereby declared to be a
 32    "measure" for purposes of Chapter 66, Title 67, Idaho Code, and the provisions
 33    of Chapter 66, Title 67, Idaho Code, shall apply thereto.
                                                                        
 34        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 35    declared to exist, this act shall be in full force and effect on and after its
 36    passage and approval.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 16356
                                
Advisory vote to be placed on the November 7, 2006 ballot - The public policy
regarding Idaho s public school s funding for maintenance and operation (M&O) expenses
has been a matter of significant debate and proposed legislation. The public policy
question is, should public school M&O be paid with local property taxes or be shifted
to the state general fund which would require a commensurate increase in the sales tax
rate sufficient to offset the cash flow from property taxes? This proposed action is a
major public policy change. The long- term consequences would affect the way local
public schools are funded and could affect the manner in which local public schools are
operated. Because of the magnitude of this public policy change, this legislation
requests the citizens of Idaho to provide an advisory vote to the legislature in the
November 7, 2006 general election. FISCAL NOTE The cost of placing the advisory vote on
the November 7, 2006 ballot with pro and con arguments to be supplied by the Secretary
of State and Attorney General in the voters guide should not exceed $50,000.


                           FISCAL NOTE
                                
                                
The cost of placing the advisory vote on the November 7, 2006 ballot with pro
and con arguments to be supplied by the Secretary of State and Attorney General in the
voters guide should not exceed $50,000.




Contact
Name:    Brad Little
Phone:   332-1303


STATEMENT OF PURPOSE/FISCAL NOTE                                           S 1502