2008 Legislation
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HOUSE BILL NO. 470<br /> – Local economic developmt/tax levies

HOUSE BILL NO. 470

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Bill Status



H0470aaS............................................by REVENUE AND TAXATION
LOCAL ECONOMIC DEVELOPMENT ACT - Amends existing law relating to the Local
Economic Development Act to provide for the application of the current
equalized assessed valuation to be used for calculating certain tax rates;
to provide for allocation of taxes levied by the taxing district to satisfy
specified obligations; to provide an exception for taking into
consideration the equalized assessed valuation of specified taxable
property in fixing any tax levy; and to provide an exception to the meaning
of "taxable property."

02/06    House intro - 1st rdg - to printing
02/07    Rpt prt - to Rev/Tax
02/12    Rpt out - rec d/p - to 2nd rdg
02/13    2nd rdg - to 3rd rdg
02/18    3rd rdg - PASSED - 60-9-1
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chew,
      Clark, Collins, Crane, Eskridge, Hagedorn, Hart, Harwood, Henderson,
      Killen, Kren, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott,
      Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Patrick,
      Raybould, Ringo(Cooke), Roberts, Ruchti, Rusche, Sayler, Schaefer,
      Shepherd(02), Shepherd(08), Shirley, Smith(24), Snodgrass, Stevenson,
      Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
      Speaker
      NAYS -- Boe, Chavez, Durst, Henbest(Burgoyne), Jaquet, King,
      Pasley-Stuart, Pence, Shively
      Absent and excused -- Smith(30)
    Floor Sponsor - Clark
    Title apvd - to Senate
02/19    Senate intro - 1st rdg - to Loc Gov
03/05    Rpt out - to 14th Ord
03/06    Rpt out amen - to 1st rdg as amen
03/07    1st rdg - to 2nd rdg as amen
03/10    2nd rdg - to 3rd rdg as amen
03/12    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Hammond
    Title apvd - to House
03/13    House concurred in Senate amens - to engros
    Rpt engros - 1st rdg - to 2nd rdg as amen
03/14    2nd rdg - to 3rd rdg as amen
03/17    3rd rdg as amen - PASSED - 49-18-3
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bolz, Bowers, Brackett, Bradford, Chadderdon, Clark, Collins,
      Eskridge, Hagedorn, Harwood, Henderson, Kren, Labrador, Lake,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
      Nielsen, Nonini, Patrick, Raybould, Roberts, Rusche, Sayler,
      Schaefer, Shepherd(08), Shirley, Smith(24), Snodgrass, Stevenson,
      Thayn, Thomas, Vander Woude, Wills, Wood(27), Mr. Speaker
      NAYS -- Bock, Boe, Chavez, Chew, Durst, Henbest, Jaquet, Killen,
      King, LeFavour, Pasley-Stuart, Pence, Ringo, Ruchti, Shepherd(02),
      Shively, Smith(30), Trail
      Absent and excused -- Crane, Hart, Wood(35)
    Floor Sponsor - Clark
    Title apvd - to enrol
03/18    Rpt enrol - Sp signed
03/19    Pres signed
03/20    To Governor
03/25    Governor signed
         Session Law Chapter 253
         Effective: 01/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 470

                             BY REVENUE AND TAXATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO LOCAL ECONOMIC DEVELOPMENT ACT; AMENDING  SECTION  50-2908,  IDAHO
  3        CODE,  TO  PROVIDE  FOR  THE APPLICATION OF THE CURRENT EQUALIZED ASSESSED
  4        VALUATION TO BE USED FOR CALCULATING CERTAIN TAX  RATES,  TO  PROVIDE  FOR
  5        ALLOCATION  OF  TAXES  LEVIED  BY THE TAXING DISTRICT TO SATISFY SPECIFIED
  6        OBLIGATIONS AND TO PROVIDE AN EXCEPTION FOR TAKING INTO CONSIDERATION  THE
  7        EQUALIZED  ASSESSED  VALUATION OF SPECIFIED TAXABLE PROPERTY IN FIXING ANY
  8        TAX LEVY; AMENDING SECTION 63-803, IDAHO CODE, TO PROVIDE AN EXCEPTION  TO
  9        THE MEANING OF "TAXABLE PROPERTY"; AMENDING SECTION 63-811, IDAHO CODE, TO
 10        PROVIDE  AN  EXCEPTION  TO THE MEANING OF "TAXABLE PROPERTY"; DECLARING AN
 11        EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.

 12    Be It Enacted by the Legislature of the State of Idaho:

 13        SECTION 1.  That Section 50-2908, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:

 15        50-2908.  DETERMINATION OF TAX LEVIES -- CREATION OF SPECIAL FUND. (1) For
 16    purposes of calculating the rate at which taxes shall be levied by or for each
 17    taxing district in which a revenue allocation area is located, the county com-
 18    missioners shall, with respect to the taxable property located in such revenue
 19    allocation  area, use the equalized assessed value of such taxable property as
 20    shown on the base  assessment  roll  rather  than  on  the  current  equalized
 21    assessed  valuation  of  such  taxable  property, except the current equalized
 22    assessed valuation shall be used for calculating the tax rate for:
 23        (a)  Levies for refunds and credits pursuant  to  section  63-1305,  Idaho
 24        Code,  and  any judgment pursuant to section 33-802(1), Idaho Code, certi-
 25        fied after December 31, 2007;
 26        (b)  Levies permitted pursuant to section 63-802(3), Idaho Code, certified
 27        after December 31, 2007;
 28        (c)  Levies for voter approved general obligation bonds of any taxing dis-
 29        trict and plant facility reserve fund levies  passed  after  December  31,
 30        2007; and
 31        (d)  Levies set forth in paragraphs (1)(a) through (c) of this subsection,
 32        first  certified prior to December 31, 2007, when the property affected by
 33        said levies is included within the boundaries of a revenue allocation area
 34        by a change in the boundaries of either the revenue allocation area or any
 35        taxing district after December 31, 2007.
 36        (2)  With respect to each such taxing district, the  tax  rate  calculated
 37    under subsection (1) of this section shall be applied to the current equalized
 38    assessed  valuation  of all taxable property in the taxing district, including
 39    the taxable property in the revenue allocation area. The tax revenues  thereby
 40    produced shall be allocated as follows:
 41        (a)  To  the  taxing  district shall be allocated and shall be paid by the
 42        county treasurer:
 43             (i)   All taxes levied by the taxing district or  on  its  behalf  on

                                       2

  1             taxable  property  located within the taxing district but outside the
  2             revenue allocation area; and
  3             (ii)  A portion of the taxes levied by the taxing district or on  its
  4             behalf  on the taxable property located within the revenue allocation
  5             area, which portion is the amount produced  by  applying  the  taxing
  6             district's  tax  rate determined under subsection (1) of this section
  7             to the equalized assessed valuation, as shown on the base  assessment
  8             roll,  of  the taxable property located within the revenue allocation
  9             area; and
 10             (iii) All taxes levied by the taxing district to satisfy  obligations
 11             specified in subsection (1)(a) through (d) of this section.
 12        (b)  To  the  urban renewal agency shall be allocated the balance, if any,
 13        of the taxes levied on the taxable property  located  within  the  revenue
 14        allocation area.
 15        (3)  Upon  enactment of an ordinance adopting a revenue allocation financ-
 16    ing provision as part of an urban renewal plan, the urban renewal agency shall
 17    create a special fund or funds to be used for the purposes enumerated in  this
 18    chapter.  The  revenues allocated to the urban renewal agency pursuant to this
 19    chapter, shall be paid to the agency by the treasurer of the county  in  which
 20    the  revenue  allocation  district  is  located  and shall be deposited by the
 21    agency into one (1) or more of such special funds. The agency  may,  in  addi-
 22    tion,  deposit  into  such  special fund or funds such other income, proceeds,
 23    revenues and funds it may receive from sources other than the  revenues  allo-
 24    cated to it under subsection (2)(b) of this section.
 25        (4)  For  the  purposes  of  section 63-803, Idaho Code, during the period
 26    when revenue allocation under this chapter  is  in  effect,  and  solely  with
 27    respect  to any taxing district in which a revenue allocation area is located,
 28    the county commissioners shall, in fixing any tax levy  other  than  the  levy
 29    specified  in subsection (1)(a) through (d) of this section, take into consid-
 30    eration the equalized assessed valuation of the taxable property  situated  in
 31    the  revenue allocation area as shown in the base assessment roll, rather than
 32    the current equalized assessed value of such taxable property.
 33        (5)  For all other purposes, including, without limitation,  for  purposes
 34    of  sections  33-802,  33-1002 and 63-1313, Idaho Code, reference in the Idaho
 35    Code to the term "market value for assessment purposes"  (or  any  other  such
 36    similar  term)  shall  mean market value for assessment purposes as defined in
 37    section 63-208, Idaho Code.

 38        SECTION 2.  That Section 63-803, Idaho Code, be, and the  same  is  hereby
 39    amended to read as follows:

 40        63-803.  CERTIFICATION OF BUDGETS IN DOLLARS. (1) Whenever any taxing dis-
 41    trict  is  required by law to certify to any county treasurer, county auditor,
 42    county assessor, county commissioners or to  any  other  county  officer,  any
 43    property tax levy, upon property located within said district, such certifica-
 44    tion  shall,  notwithstanding any other provision of the law applicable to any
 45    such district, be made at the time and in the manner hereinafter provided.
 46        (2)  The county auditor shall inform each of the taxing  districts  within
 47    his  county  of  the  taxable  value of that district as soon as such value is
 48    known to the auditor, whether the value comes from the appraisal  and  assess-
 49    ment of real and personal property, or from allocation of the taxable value of
 50    operating property, or from other sources.
 51        (3)  Using the taxable value of the district, the council, trustees, board
 52    or  other governing body of any taxing district shall certify the total amount
 53    required from a property tax upon property within the district  to  raise  the

                                       3

  1    amount  of money fixed by their budget as previously prepared or approved. The
  2    amount of money so determined shall be certified in dollars to the appropriate
  3    county commissioners. Any taxing unit, except  regional  airport  authorities,
  4    located  in more than one (1) county shall divide its dollar budget for certi-
  5    fication to the separate counties by multiplying the amount of such budget  by
  6    a  fraction,  the  numerator  of which shall be the total taxable value of all
  7    property in such taxing unit within the county to which such certification  is
  8    to  be  made, and the denominator of which shall be the total taxable value of
  9    property in such taxing unit in all such counties. Budget certification to the
 10    participating counties of regional airport authorities shall be  made  in  the
 11    manner  prescribed  in section 21-807(10),  Idaho Code. Taxable value shall be
 12    certified by the county auditor of each affected county to  such  taxing  unit
 13    and  such  certification  shall be used in this formula. Except as provided in
 14    section 33-805, Idaho Code, relating to school emergency fund levies, the cer-
 15    tification to the county commissioners required in this section shall be  made
 16    not  later  than the Thursday prior to the second Monday in September, unless,
 17    upon application therefor, the county commissioners grant an extension of  not
 18    more  than  seven  (7)  working days. After receipt of this certification, the
 19    county commissioners shall make a tax levy as a percent of  taxable  value  of
 20    all property in the taxing district, which when applied to the tax rolls, will
 21    meet the budget requirements certified by such taxing districts.
 22        (4)  Except  as  provided  in  subsection  (1)(a)  through  (d) of section
 23    50-2908, Idaho Code, fFor the purpose of this section, "taxable  value"  shall
 24    mean  the portion of the equalized assessed value, less any exemptions and the
 25    value that exceeds the value of the base assessment roll for  the  portion  of
 26    any  taxing district within a revenue allocation area of an urban renewal dis-
 27    trict, located within each taxing district which  certifies  a  budget  to  be
 28    raised  from a property tax levy. When the county auditor is notified of reve-
 29    nues sufficient to cover expenses as provided  in  section  50-2903(5),  Idaho
 30    Code, taxable value shall also include the value that exceeds the value of the
 31    base  assessment  roll for the portion of any taxing district within a revenue
 32    allocation area. For each taxing district, taxable  value  shall  include  the
 33    value  from the property and operating property rolls for the current year and
 34    subsequent and missed property rolls for the prior year or the  best  estimate
 35    of the subsequent and missed property rolls for the current year.

 36        SECTION  3.  That  Section  63-811, Idaho Code, be, and the same is hereby
 37    amended to read as follows:

 38        63-811.  COMPUTATION OF PROPERTY TAXES -- DUTY OF COUNTY AUDITOR. (1)  The
 39    county  auditor  must  cause  to  be computed the amount of the local property
 40    taxes levied on the total of the taxable value as entered on the property  and
 41    operating property rolls, and must deliver the property and operating property
 42    rolls to the tax collector on or before the first Monday of November.
 43        (2)  The  county auditor must cause to be computed the amount of the local
 44    property taxes levied on the total of the taxable value as entered on the sub-
 45    sequent property roll, and must deliver the subsequent property  roll  to  the
 46    tax  collector  as  soon as possible, without delay, after the first Monday of
 47    December.
 48        (3)  The county auditor must cause to be computed the amount of the  state
 49    property  tax  and  the amount of the local property taxes levied on the total
 50    taxable value as entered on the missed property roll,  and  must  deliver  the
 51    missed  property roll to the tax collector as soon as possible, without delay,
 52    after the first Monday of March of the year following the year  in  which  the
 53    assessment was entered on the missed property roll.

                                       4

  1        (4)  Except  as  provided  in  subsection  (1)(a)  through  (d) of section
  2    50-2908, Idaho Code, fFor the purpose of this section, "taxable  value"  shall
  3    mean  the portion of the equalized assessed value, less any exemptions and the
  4    value that exceeds the value of the base assessment roll for  the  portion  of
  5    any  taxing district within a revenue allocation area of an urban renewal dis-
  6    trict, located within each taxing district which  certifies  a  budget  to  be
  7    raised from a property tax levy.
  8        (5)  The county auditor, at the time of delivery to the county tax collec-
  9    tor  of  the  property roll, subsequent property roll, missed property roll or
 10    operating property roll with all property taxes computed,  must  subscribe  an
 11    affidavit  to  such roll that he has to the  best of his knowledge and ability
 12    computed the proper amount of property taxes due, and recorded such orders  of
 13    the board of equalization as have been made and has made no other changes.
 14        (6)  Failure  of  the  auditor  to make the affidavit shall not affect the
 15    validity of any entry on the roll. The making of such affidavit,  however,  is
 16    declared to be a duty pertaining to the office of the county auditor. In every
 17    case  where  the  said  affidavit is omitted from the real property assessment
 18    roll, completed and delivered as aforesaid, the board of county  commissioners
 19    must  require the county auditor to make the same, and upon refusal or neglect
 20    of such county auditor to make and subscribe to such affidavit forthwith,  the
 21    chairman  of the said board must immediately file in the district court in the
 22    county, an information in writing, verified by his oath, charging such  county
 23    auditor  with  refusal or neglect to perform the official duties pertaining to
 24    his office, and thereupon he must be proceeded against as in such  cases  pro-
 25    vided by law.

 26        SECTION  4.  An  emergency  existing  therefor,  which emergency is hereby
 27    declared to exist, this act shall be in full force and effect on and after its
 28    passage and approval, and retroactively to January 1, 2008.

Amendment




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                                     Moved by    Hammond 

                                                     Seconded by    Corder 


                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 470


  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line  30,  delete  "and";  in  line  35,
  3    delete "." and insert: "; and"; and following line 35, insert:
  4        "(e)  School levies for supplemental maintenance and operation pursuant to
  5        section 33-802(3), Idaho Code, approved after December 31, 2007, or in the
  6        case  of  charter  school  districts  any  supplemental levy that does not
  7        exceed two (2) years in duration.".
  8        On page 2, in line 11, delete "(d)" and insert: "(e)";  and  in  line  29,
  9    delete "(d)" and insert: "(e)".

 10                                AMENDMENT TO SECTION 2
 11        On page 3, in line 22, delete "(d)" and insert: "(e)".

 12                                AMENDMENT TO SECTION 3
 13        On page 4, in line 1, delete "(d)" and insert: "(e)".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                        HOUSE BILL NO. 470, As Amended in the Senate

                             BY REVENUE AND TAXATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO LOCAL ECONOMIC DEVELOPMENT ACT; AMENDING  SECTION  50-2908,  IDAHO
  3        CODE,  TO  PROVIDE  FOR  THE APPLICATION OF THE CURRENT EQUALIZED ASSESSED
  4        VALUATION TO BE USED FOR CALCULATING CERTAIN TAX  RATES,  TO  PROVIDE  FOR
  5        ALLOCATION  OF  TAXES  LEVIED  BY THE TAXING DISTRICT TO SATISFY SPECIFIED
  6        OBLIGATIONS AND TO PROVIDE AN EXCEPTION FOR TAKING INTO CONSIDERATION  THE
  7        EQUALIZED  ASSESSED  VALUATION OF SPECIFIED TAXABLE PROPERTY IN FIXING ANY
  8        TAX LEVY; AMENDING SECTION 63-803, IDAHO CODE, TO PROVIDE AN EXCEPTION  TO
  9        THE MEANING OF "TAXABLE PROPERTY"; AMENDING SECTION 63-811, IDAHO CODE, TO
 10        PROVIDE  AN  EXCEPTION  TO THE MEANING OF "TAXABLE PROPERTY"; DECLARING AN
 11        EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.

 12    Be It Enacted by the Legislature of the State of Idaho:

 13        SECTION 1.  That Section 50-2908, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:

 15        50-2908.  DETERMINATION OF TAX LEVIES -- CREATION OF SPECIAL FUND. (1) For
 16    purposes of calculating the rate at which taxes shall be levied by or for each
 17    taxing district in which a revenue allocation area is located, the county com-
 18    missioners shall, with respect to the taxable property located in such revenue
 19    allocation  area, use the equalized assessed value of such taxable property as
 20    shown on the base  assessment  roll  rather  than  on  the  current  equalized
 21    assessed  valuation  of  such  taxable  property, except the current equalized
 22    assessed valuation shall be used for calculating the tax rate for:
 23        (a)  Levies for refunds and credits pursuant  to  section  63-1305,  Idaho
 24        Code,  and  any judgment pursuant to section 33-802(1), Idaho Code, certi-
 25        fied after December 31, 2007;
 26        (b)  Levies permitted pursuant to section 63-802(3), Idaho Code, certified
 27        after December 31, 2007;
 28        (c)  Levies for voter approved general obligation bonds of any taxing dis-
 29        trict and plant facility reserve fund levies  passed  after  December  31,
 30        2007;
 31        (d)  Levies set forth in paragraphs (1)(a) through (c) of this subsection,
 32        first  certified prior to December 31, 2007, when the property affected by
 33        said levies is included within the boundaries of a revenue allocation area
 34        by a change in the boundaries of either the revenue allocation area or any
 35        taxing district after December 31, 2007; and
 36        (e)  School levies for supplemental maintenance and operation pursuant  to
 37        section 33-802(3), Idaho Code, approved after December 31, 2007, or in the
 38        case  of  charter  school  districts  any  supplemental levy that does not
 39        exceed two (2) years in duration.
 40        (2)  With respect to each such taxing district, the  tax  rate  calculated
 41    under subsection (1) of this section shall be applied to the current equalized
 42    assessed  valuation  of all taxable property in the taxing district, including
 43    the taxable property in the revenue allocation area. The tax revenues  thereby

                                       2

  1    produced shall be allocated as follows:
  2        (a)  To  the  taxing  district shall be allocated and shall be paid by the
  3        county treasurer:
  4             (i)   All taxes levied by the taxing district or  on  its  behalf  on
  5             taxable  property  located within the taxing district but outside the
  6             revenue allocation area; and
  7             (ii)  A portion of the taxes levied by the taxing district or on  its
  8             behalf  on the taxable property located within the revenue allocation
  9             area, which portion is the amount produced  by  applying  the  taxing
 10             district's  tax  rate determined under subsection (1) of this section
 11             to the equalized assessed valuation, as shown on the base  assessment
 12             roll,  of  the taxable property located within the revenue allocation
 13             area; and
 14             (iii) All taxes levied by the taxing district to satisfy  obligations
 15             specified in subsection (1)(a) through (e) of this section.
 16        (b)  To  the  urban renewal agency shall be allocated the balance, if any,
 17        of the taxes levied on the taxable property  located  within  the  revenue
 18        allocation area.
 19        (3)  Upon  enactment of an ordinance adopting a revenue allocation financ-
 20    ing provision as part of an urban renewal plan, the urban renewal agency shall
 21    create a special fund or funds to be used for the purposes enumerated in  this
 22    chapter.  The  revenues allocated to the urban renewal agency pursuant to this
 23    chapter, shall be paid to the agency by the treasurer of the county  in  which
 24    the  revenue  allocation  district  is  located  and shall be deposited by the
 25    agency into one (1) or more of such special funds. The agency  may,  in  addi-
 26    tion,  deposit  into  such  special fund or funds such other income, proceeds,
 27    revenues and funds it may receive from sources other than the  revenues  allo-
 28    cated to it under subsection (2)(b) of this section.
 29        (4)  For  the  purposes  of  section 63-803, Idaho Code, during the period
 30    when revenue allocation under this chapter  is  in  effect,  and  solely  with
 31    respect  to any taxing district in which a revenue allocation area is located,
 32    the county commissioners shall, in fixing any tax levy  other  than  the  levy
 33    specified  in subsection (1)(a) through (e) of this section, take into consid-
 34    eration the equalized assessed valuation of the taxable property  situated  in
 35    the  revenue allocation area as shown in the base assessment roll, rather than
 36    the current equalized assessed value of such taxable property.
 37        (5)  For all other purposes, including, without limitation,  for  purposes
 38    of  sections  33-802,  33-1002 and 63-1313, Idaho Code, reference in the Idaho
 39    Code to the term "market value for assessment purposes"  (or  any  other  such
 40    similar  term)  shall  mean market value for assessment purposes as defined in
 41    section 63-208, Idaho Code.

 42        SECTION 2.  That Section 63-803, Idaho Code, be, and the  same  is  hereby
 43    amended to read as follows:

 44        63-803.  CERTIFICATION OF BUDGETS IN DOLLARS. (1) Whenever any taxing dis-
 45    trict  is  required by law to certify to any county treasurer, county auditor,
 46    county assessor, county commissioners or to  any  other  county  officer,  any
 47    property tax levy, upon property located within said district, such certifica-
 48    tion  shall,  notwithstanding any other provision of the law applicable to any
 49    such district, be made at the time and in the manner hereinafter provided.
 50        (2)  The county auditor shall inform each of the taxing  districts  within
 51    his  county  of  the  taxable  value of that district as soon as such value is
 52    known to the auditor, whether the value comes from the appraisal  and  assess-
 53    ment of real and personal property, or from allocation of the taxable value of

                                       3

  1    operating property, or from other sources.
  2        (3)  Using the taxable value of the district, the council, trustees, board
  3    or  other governing body of any taxing district shall certify the total amount
  4    required from a property tax upon property within the district  to  raise  the
  5    amount  of money fixed by their budget as previously prepared or approved. The
  6    amount of money so determined shall be certified in dollars to the appropriate
  7    county commissioners. Any taxing unit, except  regional  airport  authorities,
  8    located  in more than one (1) county shall divide its dollar budget for certi-
  9    fication to the separate counties by multiplying the amount of such budget  by
 10    a  fraction,  the  numerator  of which shall be the total taxable value of all
 11    property in such taxing unit within the county to which such certification  is
 12    to  be  made, and the denominator of which shall be the total taxable value of
 13    property in such taxing unit in all such counties. Budget certification to the
 14    participating counties of regional airport authorities shall be  made  in  the
 15    manner  prescribed  in section 21-807(10),  Idaho Code. Taxable value shall be
 16    certified by the county auditor of each affected county to  such  taxing  unit
 17    and  such  certification  shall be used in this formula. Except as provided in
 18    section 33-805, Idaho Code, relating to school emergency fund levies, the cer-
 19    tification to the county commissioners required in this section shall be  made
 20    not  later  than the Thursday prior to the second Monday in September, unless,
 21    upon application therefor, the county commissioners grant an extension of  not
 22    more  than  seven  (7)  working days. After receipt of this certification, the
 23    county commissioners shall make a tax levy as a percent of  taxable  value  of
 24    all property in the taxing district, which when applied to the tax rolls, will
 25    meet the budget requirements certified by such taxing districts.
 26        (4)  Except  as  provided  in  subsection  (1)(a)  through  (e) of section
 27    50-2908, Idaho Code, fFor the purpose of this section, "taxable  value"  shall
 28    mean  the portion of the equalized assessed value, less any exemptions and the
 29    value that exceeds the value of the base assessment roll for  the  portion  of
 30    any  taxing district within a revenue allocation area of an urban renewal dis-
 31    trict, located within each taxing district which  certifies  a  budget  to  be
 32    raised  from a property tax levy. When the county auditor is notified of reve-
 33    nues sufficient to cover expenses as provided  in  section  50-2903(5),  Idaho
 34    Code, taxable value shall also include the value that exceeds the value of the
 35    base  assessment  roll for the portion of any taxing district within a revenue
 36    allocation area. For each taxing district, taxable  value  shall  include  the
 37    value  from the property and operating property rolls for the current year and
 38    subsequent and missed property rolls for the prior year or the  best  estimate
 39    of the subsequent and missed property rolls for the current year.

 40        SECTION  3.  That  Section  63-811, Idaho Code, be, and the same is hereby
 41    amended to read as follows:

 42        63-811.  COMPUTATION OF PROPERTY TAXES -- DUTY OF COUNTY AUDITOR. (1)  The
 43    county  auditor  must  cause  to  be computed the amount of the local property
 44    taxes levied on the total of the taxable value as entered on the property  and
 45    operating property rolls, and must deliver the property and operating property
 46    rolls to the tax collector on or before the first Monday of November.
 47        (2)  The  county auditor must cause to be computed the amount of the local
 48    property taxes levied on the total of the taxable value as entered on the sub-
 49    sequent property roll, and must deliver the subsequent property  roll  to  the
 50    tax  collector  as  soon as possible, without delay, after the first Monday of
 51    December.
 52        (3)  The county auditor must cause to be computed the amount of the  state
 53    property  tax  and  the amount of the local property taxes levied on the total

                                       4

  1    taxable value as entered on the missed property roll,  and  must  deliver  the
  2    missed  property roll to the tax collector as soon as possible, without delay,
  3    after the first Monday of March of the year following the year  in  which  the
  4    assessment was entered on the missed property roll.
  5        (4)  Except  as  provided  in  subsection  (1)(a)  through  (e) of section
  6    50-2908, Idaho Code, fFor the purpose of this section, "taxable  value"  shall
  7    mean  the portion of the equalized assessed value, less any exemptions and the
  8    value that exceeds the value of the base assessment roll for  the  portion  of
  9    any  taxing district within a revenue allocation area of an urban renewal dis-
 10    trict, located within each taxing district which  certifies  a  budget  to  be
 11    raised from a property tax levy.
 12        (5)  The county auditor, at the time of delivery to the county tax collec-
 13    tor  of  the  property roll, subsequent property roll, missed property roll or
 14    operating property roll with all property taxes computed,  must  subscribe  an
 15    affidavit  to  such  roll that he has to the best of his knowledge and ability
 16    computed the proper amount of property taxes due, and recorded such orders  of
 17    the board of equalization as have been made and has made no other changes.
 18        (6)  Failure  of  the  auditor  to make the affidavit shall not affect the
 19    validity of any entry on the roll. The making of such affidavit,  however,  is
 20    declared to be a duty pertaining to the office of the county auditor. In every
 21    case  where  the  said  affidavit is omitted from the real property assessment
 22    roll, completed and delivered as aforesaid, the board of county  commissioners
 23    must  require the county auditor to make the same, and upon refusal or neglect
 24    of such county auditor to make and subscribe to such affidavit forthwith,  the
 25    chairman  of the said board must immediately file in the district court in the
 26    county, an information in writing, verified by his oath, charging such  county
 27    auditor  with  refusal or neglect to perform the official duties pertaining to
 28    his office, and thereupon he must be proceeded against as in such  cases  pro-
 29    vided by law.

 30        SECTION  4.  An  emergency  existing  therefor,  which emergency is hereby
 31    declared to exist, this act shall be in full force and effect on and after its
 32    passage and approval, and retroactively to January 1, 2008.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 17786

     This change in Urban Renewal Law will exempt revenue from
any special levy or bond issue as well as levies for judgments
from distribution to an Urban Renewal District.  The funds levied
for special purpose will be distributed and expended for the
special purpose specified on the levy ballot.


                           FISCAL NOTE

     There will be no impact on the State's general fund.  The
net effect of passage will be to lower levy rates on bonds and
special levies where Urban Renewal Districts are contained within
the approving taxing district.




Contact
Name: Sen. Jim Hammond 
Phone: 332-1000
Rep. Mike Moyle
Rep. Jim Clark


STATEMENT OF PURPOSE/FISCAL NOTE                         H 470