2007 Legislation
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SENATE BILL NO. 1099 – Real property transfer act

SENATE BILL NO. 1099

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S1099......................................by LOCAL GOVERNMENT AND TAXATION
REAL PROPERTY TRANSFER ACT - Amends and adds to existing law to provide for
a report to the county assessor of any transfer or change of ownership
records.
                                                                        
02/08    Senate intro - 1st rdg - to printing
02/09    Rpt prt - to Loc Gov

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1099
                                                                        
                         BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DISCLOSURE OF PROPERTY SALES; AMENDING CHAPTER 6, TITLE 55,  IDAHO
  3        CODE,  BY  THE  ADDITION  OF  NEW SECTIONS 55-616, 55-617, 55-618, 55-619,
  4        55-620, 55-621 AND 55-622, IDAHO CODE, TO PROVIDE A SHORT TITLE,  TO  PRO-
  5        VIDE  A  PURPOSE, TO DEFINE TERMS, TO PROVIDE FOR A REPORT OF TRANSFERS OR
  6        CHANGE OF OWNERSHIP RECORDS, TO PROVIDE  FOR  PROPERTY  TRANSFER  CERTIFI-
  7        CATES,  TO  PROVIDE  FOR  EXEMPTIONS  TO THE PROPERTY TRANSFER CERTIFICATE
  8        REQUIREMENT AND TO PROVIDE FOR A RESTRICTION ON THE DISCLOSURE OF INFORMA-
  9        TION; AMENDING SECTION 55-805, IDAHO CODE,  TO  REQUIRE  THAT  A  PROPERTY
 10        TRANSFER  CERTIFICATE  MUST  BE  DELIVERED  TO  THE  OFFICE  OF THE COUNTY
 11        RECORDER AND TO MAKE A TECHNICAL CORRECTION; AND PROVIDING SEVERABILITY.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION 1.  That Chapter 6, Title 55, Idaho Code,  be,  and  the  same  is
 14    hereby amended by the addition thereto of NEW SECTIONS, to be known and desig-
 15    nated  as  Sections 55-616, 55-617, 55-618, 55-619, 55-620, 55-621 and 55-622,
 16    Idaho Code, and to read as follows:
                                                                        
 17        55-616.  SHORT TITLE. Sections 55-616 through 55-622, Idaho Code,  may  be
 18    cited as the "Real Property Transfer Act."
                                                                        
 19        55-617.  PURPOSE.  The  purpose  of this act is to obtain sales price data
 20    necessary to the determination of statewide and local levels and uniformity of
 21    real property assessment by  the  most  efficient,  economical,  reliable  and
 22    fairest  method,  in  order  to comply with the fairness dictates of the Idaho
 23    constitution. However, it is the intention of the legislature that the demands
 24    of individual privacy be respected and protected  in  the  process,  and  that
 25    violations be prosecuted within the full extent of existing criminal law. Fur-
 26    ther, it is the absolute intent of the legislature that such information shall
 27    not  be  used  for the assessment or collection of either a transfer tax or an
 28    excise tax by the state tax commission or local subdivisions of government.
                                                                        
 29        55-618.  DEFINITIONS. As used in this act:
 30        (1)  "Partial interest" means a percentage interest in  real property when
 31    less than one hundred percent (100%).
 32        (2)  "Person" means and includes an individual,  corporation,  partnership
 33    or  other business organization, trust, fiduciary, or agent or any other party
 34    presenting a conveyance document for recordation pursuant to chapter 8,  title
 35    55, Idaho Code.
 36        (3)  "Real property" includes:
 37        (a)  Land;
 38        (b)  Buildings or structures;
 39        (c)  Fixtures, fences and improvements affixed to land.
 40        (4)  "Real  property  transfer certificate" means a fill in the blank form
 41    designated by the state tax commission for statewide use by all county  asses-
                                                                        
                                       2
                                                                        
  1    sors,  and  which  allows  the  person making the certification to declare the
  2    value exchanged in the transfer or state that the transfer is exempt from dis-
  3    closure of the value as provided for in section 55-621,  Idaho  Code,  without
  4    further explanation.
  5        (5)  "Transfer"  means  an act of the parties or of the law in which title
  6    to  real property or an equitable interest in  real property is conveyed  from
  7    one (1) person to another.
  8        (6)  "Value"  means  the amount of the full actual consideration attribut-
  9    able to  real property therefor paid or to be paid, including  the  amount  of
 10    any lien or liens thereon.
                                                                        
 11        55-619.  REPORT  OF  TRANSFERS  --  CHANGE  OF  OWNERSHIP RECORDS. (1) All
 12    transfers of  real property, including the transfer  of  a  partial  interest,
 13    executed by the grantor after July 1, 2007, shall be reported to the office of
 14    the  county assessor in the county in which the  real property is located on a
 15    real property transfer certificate as defined in section 55-618,  Idaho  Code,
 16    and  required  in section 55-620, Idaho Code, by delivering the  real property
 17    transfer certificate to the office of the county recorder along with the  con-
 18    veyance document to be recorded as described in section 55-620, Idaho Code.
 19        (2)  No  agent  of  the county shall change any ownership records used for
 20    the assessment or taxation of  real property unless the county has received  a
 21    real  property  transfer certificate as defined in section 55-618, Idaho Code,
 22    and as provided for in section 55-620, Idaho Code.
                                                                        
 23        55-620.  REAL PROPERTY TRANSFER CERTIFICATE. (1) At least one  (1)  person
 24    who  is a party to a real property transfer shall cause to be delivered to the
 25    county recorder at the time of presenting a conveyance document for recording,
 26    a  real property transfer certificate declaring the consideration paid for the
 27    real property transferred or claiming an exemption from disclosure.
 28        (2)  No instrument of conveyance executed by the  grantor  after  July  1,
 29    2007, and evidencing a transfer of  real property may be accepted for recorda-
 30    tion  pursuant  to  chapter  8, title 55, Idaho Code, until the  real property
 31    transfer certificate has been received by either the county  recorder  or  the
 32    county  assessor.  The  validity  or  effectiveness of a conveyance instrument
 33    shall not be affected by the failure to comply with  the  provisions  of  this
 34    act.
                                                                        
 35        55-621.  REAL  PROPERTY TRANSFER CERTIFICATE -- EXEMPTIONS. The disclosure
 36    of value required in section 55-620, Idaho Code, shall not apply to:
 37        (1)  An instrument executed by the grantor prior to July 1, 2007;
 38        (2)  The United States of America, this  state,  or  any  instrumentality,
 39    agency or subdivision thereof;
 40        (3)  An instrument which, without added consideration, confirms, corrects,
 41    modifies or supplements a previously recorded instrument;
 42        (4)  A transfer pursuant to court decree;
 43        (5)  A  transfer pursuant to mergers, consolidations or reorganizations of
 44    corporations, partnerships or other business entities;
 45        (6)  A transfer of decedent's estate;
 46        (7)  A transfer by gift;
 47        (8)  A transfer between husband and wife or parent  and  child  with  only
 48    nominal actual consideration therefor;
 49        (9)  An  instrument, the effect of which is to transfer the  real property
 50    to the same party or parties;
 51        (10) A sale for delinquent taxes or assessments, sheriff sale,  bankruptcy
 52    action or mortgage foreclosure;
                                                                        
                                       3
                                                                        
  1        (11) A transfer which creates only a leasehold estate in the grantee; or
  2        (12) A  deed  of trust, mortgage, assignment of buyer's or seller's rights
  3    under a  real estate contract for security purposes, assignment of lessor's or
  4    lessee's rights under leases for security purposes,  assignment  of  rents  or
  5    other  instruments or agreements designed to grant a lien or security interest
  6    in residential real property or fixtures.
                                                                        
  7        55-622.  DISCLOSURE OF INFORMATION RESTRICTED. The certificate required in
  8    this act and the information therein shall not be a public record and shall be
  9    held confidential by the county recorder and county  assessor,  and  used  for
 10    purposes  of  appraisal  and  property  taxation pursuant to chapters 8 and 9,
 11    title 63, Idaho Code. The foregoing shall not apply to compilations from  such
 12    certificates  or to summaries, analyses and evaluations based upon such compi-
 13    lations, that are nonpersonal in nature, designed to disclose  raw  data,  and
 14    necessary  for property tax administration, and which may be released to Idaho
 15    licensed or certified appraisers. Otherwise, the disclosure of  such  informa-
 16    tion by a county official shall be a misdemeanor.
                                                                        
 17        SECTION  2.  That  Section  55-805, Idaho Code, be, and the same is hereby
 18    amended to read as follows:
                                                                        
 19        55-805.  ACKNOWLEDGMENT AND CERTIFICATION NECESSARY TO  AUTHORIZE  RECORD-
 20    ING.  Before  an  instrument may be recorded, unless it is otherwise expressly
 21    provided, its execution must be acknowledged by the person executing it, or if
 22    executed by a corporation, by its president or vice president, or secretary or
 23    assistant secretary, or other person executing the same on behalf of the  cor-
 24    poration,  or  if  executed  in  the name of the state of Idaho or any county,
 25    political subdivision, municipal, quasi-municipal, or public  corporation,  by
 26    one  (1) or more of the officers of such state, county, political subdivision,
 27    municipal, quasi-municipal, or public corporation executing the  same,  or  if
 28    executed  in  a  partnership name, by one (1) or more of the partners who sub-
 29    scribed the partnership name thereto, or if executed by  a  limited  liability
 30    company,  by  the manager, member or other person executing the same on behalf
 31    of the limited liability company, or the execution  must  be  proved  and  the
 32    acknowledgment  or  proof, certified in substantially the manner prescribed by
 33    chapter 7, title 55, Idaho Code; provided, that if such instrument shall  have
 34    been  executed  and acknowledged in any other state or territory of the United
 35    States, or in any foreign country, according to the laws of the state,  terri-
 36    tory or country wherein such acknowledgment was taken, the same shall be enti-
 37    tled  to record, and a certificate of acknowledgment indorsed endorsed upon or
 38    attached to any such instrument purporting to  have  been  made  in  any  such
 39    state,  territory or foreign country, shall be prima facie sufficient to enti-
 40    tle the same to such record and the  real  property  transfer  certificate  as
 41    provided  in  chapter 6, title 55, Idaho Code, must be delivered to the office
 42    of the county recorder.
                                                                        
 43        SECTION 3.  SEVERABILITY.  The provisions of this act are hereby  declared
 44    to  be  severable  and if any provision of this act or the application of such
 45    provision to any person or circumstance is declared invalid  for  any  reason,
 46    such  declaration  shall  not affect the validity of the remaining portions of
 47    this act.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                           RS 16853C1

The purpose of this legislation is to provide the framework
necessary to implement sales price disclosure on real estate
transactions.  Idaho's property tax system is based upon "market
value" but there is limited actual sales price data that is
available to determine market value.

Recognizing that sales prices are private information, the bill
protects the data from disclosure to anyone but the county
assessor.

The bill also specifically states that this data is not to be
used for the assessment or collection of either a transfer tax or
an excise tax.*


                           FISCAL NOTE

There is no fiscal impact to the state general fund.*




Contact
Name:  Senator Shawn Keough 
Phone: 332-1000  
Senator Lee Heinrich
Representative Wendy Jaquet


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1099