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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN 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;and3 (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.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved 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)".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN 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;and7 (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
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