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H0544...............................................by REVENUE AND TAXATION
PROPERTY TAX RELIEF - Amends existing law relating to property tax relief
to revise definitions; and to provide for application of property tax
relief by a certain qualified claimant.
02/19 House intro - 1st rdg - to printing
02/20 Rpt prt - to Rev/Tax
02/28 Rpt out - rec d/p - to 2nd rdg
02/29 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 66-3-1
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
Loertscher, Luker, Marriott, Mathews, McGeachin, Moyle, Nielsen,
Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo, Roberts,
Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
Shirley, Shively, Smith(24), Smith(30), Snodgrass, Stevenson, Thomas,
Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- Harwood, Mortimer, Thayn
Absent and excused -- LeFavour
Floor Sponsor - King
Title apvd - to Senate
03/04 Senate intro - 1st rdg - to Loc Gov
03/07 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/13 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 - Langhorst
Title apvd - to House
03/13 To enrol
03/14 Rpt enrol - Sp signed
03/17 Pres signed - To Governor
03/19 Governor signed
Session Law Chapter 214
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 544 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO PROPERTY TAX RELIEF; AMENDING SECTION 63-713, IDAHO CODE, TO 3 REVISE DEFINITIONS; AND AMENDING SECTION 63-714, IDAHO CODE, TO PROVIDE 4 FOR APPLICATION OF PROPERTY TAX DEFERRAL BY A CERTAIN QUALIFIED CLAIMANT. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 63-713, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 63-713. DEFINITIONS. In addition to the definitions in section 63-701, 9 Idaho Code, the following definitions apply to sections 63-712 through 10 63-721, Idaho Code. 11 (1) "Qualified claimant" means: 12 (a) Aan individual who is a claimant who applies for and properly 13 receives property tax relief under the provisions of sections 63-701 14 through 63-710, Idaho Code; or 15 (b) An individual who meets the definition of "claimant" under section 16 63-701, Idaho Code, and is otherwise eligible to file a claim under sec- 17 tions 63-701 through 63-710, Idaho Code, except by reason of exceeding the 18 income limitations of section 63-705, Idaho Code, may nevertheless be a 19 qualified claimant, provided his household income does not exceed forty 20 thousand dollars ($40,000) for the tax year 2007, which amount shall be 21 increased by the annual cost-of-living percentage modification as deter- 22 mined by the secretary of health and human services pursuant to 42 U.S.C. 23 section 415(i) beginning in 2009. 24 (2) "Qualified property" means propertyfor which:owned by 25(a) Aa qualified claimant,is eligible to receive benefits under the26provisions of sections 63-701 through 63-710, Idaho Code, for the year for27which the qualified claimant applies for a deferral of payment of property28tax; and29(b) Isprovided that the property is the "homestead," as defined in sec- 30 tion 63-701, Idaho Code, of the qualified claimant, is owned only by the 31 qualified claimant and his or her spouse and is not subject to a trust or 32 life estate or other ownership held by a person who is not the qualified 33 claimant or his or her spouse. 34 SECTION 2. That Section 63-714, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 63-714. APPLICATION -- DEFERRAL OF PROPERTY TAX. (1) A qualified 37 claimant, as defined in section 63-713(1)(a), Idaho Code, may elect, upon the 38 application for property tax relief filed under section 63-703, Idaho Code, to 39 defer payment of any property tax due after application of all benefits avail- 40 able under section 63-704, Idaho Code. A qualified claimant, as defined in 41 section 63-713(1)(b), Idaho Code, may apply for property tax deferral under 2 1 sections 63-712 through 63-721, Idaho Code. The state tax commission shall 2 prescribe the form and manner by which the election must be made and may 3 require that the application include information establishing the outstanding 4 balance of any encumbrances, proof of insurance of an amount adequate for the 5 amount of deferred tax and interest, and such other information as the state 6 tax commission reasonably determines to be necessary. The state tax commission 7 may require written or other proof of the encumbrances or casualty insurance 8 in such form as the state tax commission may determine. 9 (2) No application for deferral of property taxes shall be granted if: 10 (a) The application fails to show sufficient equity in that property 11 after consideration of encumbrances that are superior to any liens for 12 deferral to secure the payment of all existing deferrals granted in the 13 property; or 14 (b) The application fails to show proof of insurance of an amount ade- 15 quate for the amount of the deferred tax and interest; or 16 (c) The result would be to defer property taxes which, together with the 17 amount of property tax and interest previously deferred on the same prop- 18 erty, would exceed fifty percent (50%) of the qualified claimant's propor- 19 tional share of the market value of the qualified property.
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STATEMENT OF PURPOSE
RS 17709C1
The Circuit Breaker is well used by qualified low income
citizens whose annual income is $28,000 or less. However, the
property tax deferral, which is an extension of the Circuit
Breaker, has only had three (3) applicants in two (2) years.
This legislation expands the Circuit Breaker to provide
relief for the next tier of property taxpayers. It allows a
property tax deferment for seniors 65 years of age or older and
other eligible applicants as defined by code whose annual income
is less than $40,000.
The current law sets a maximum of $500,000 total deferment
from all applicants. A lien is attached to the home and, when
the home sells, the state is paid back the deferred property tax.
The $40,000 is indexed to the CPI.
FISCAL NOTE
The current cap in the existing statute is $500,000.
Contact
Name: Rep. Phylis King
Phone: 208.332.1227
Rep. George Sayler
208.332.1000
STATEMENT OF PURPOSE/FISCAL NOTE H 544
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