2008 Legislation
Print Friendly

SENATE BILL NO. 1400<br /> – Real property transfers, reporting

SENATE BILL NO. 1400

View Bill Status

View Bill Text

View Amendment

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

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



S1400aa....................................by LOCAL GOVERNMENT AND TAXATION
REAL PROPERTY TRANSFERS - Amends and adds to existing law relating to the
transfer of real property to provide a statement of legislative intent; to
provide definitions; to provide for reporting of a transfer and change in
ownership records; to provide for a property transfer certificate which
discloses the sales price or declares that the information is exempt from
disclosure; to provide confidentiality; and to provide civil and criminal
penalties.

02/08    Senate intro - 1st rdg - to printing
02/11    Rpt prt - to Loc Gov
02/21    Rpt out - to 14th Ord
02/26    Rpt out amen - to engros
02/27    Rpt engros - 1st rdg - to 2nd rdg as amen
02/28    2nd rdg - to 3rd rdg as amen
03/03    3rd rdg as amen - PASSED - 19-15-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Coiner, Corder, Hammond, Heinrich, Kelly, Keough, Langhorst,
      Malepeai(Sagness), Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- Cameron, Darrington, Davis, Fulcher, Geddes, Goedde, Hill,
      Jorgenson, Little, Lodge, McGee, McKague, McKenzie, Pearce,
      Richardson
      Absent and excused -- Gannon
    Floor Sponsor - Keough
    Title apvd - to House
03/04    House intro - 1st rdg - to Rev/Tax

Bill Text




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

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1400

                         BY LOCAL GOVERNMENT AND TAXATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO TRANSFER OF REAL PROPERTY; AMENDING CHAPTER  3,  TITLE  63,  IDAHO
  3        CODE,  BY  THE ADDITION OF A NEW SECTION 63-307A, IDAHO CODE, TO PROVIDE A
  4        STATEMENT OF INTENT, TO PROVIDE DEFINITIONS, TO PROVIDE FOR  A  REPORT  OF
  5        TRANSFERS  AND  CHANGE  IN  OWNERSHIP  RECORDS,  TO PROVIDE FOR A PROPERTY
  6        TRANSFER CERTIFICATE, TO PROVIDE FOR EXEMPTIONS FROM DISCLOSURE OF  VALUE,
  7        TO PROHIBIT DISCLOSURE OF INFORMATION AND TO PROVIDE PENALTIES; AND AMEND-
  8        ING  SECTION  9-340D,  IDAHO  CODE,  TO  MAKE TECHNICAL CORRECTIONS AND TO
  9        EXEMPT FROM DISCLOSURE PROPERTY TRANSFER CERTIFICATES.

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

 11        SECTION 1.  That Chapter 3, Title 63, Idaho Code,  be,  and  the  same  is
 12    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 13    ignated as Section 63-307A, Idaho Code, and to read as follows:

 14        63-307A.  CHANGE OF OWNERSHIP -- TRANSFER OF REAL PROPERTY --  DISCLOSURE.
 15    (1)  The  purpose of this act is to obtain residential real estate sales price
 16    data which may be utilized to assist in real  property  valuation  assessments
 17    for the purpose of uniformity of assessment as provided in the constitution of
 18    the  state  of  Idaho. It is the intent of the legislature that the demand for
 19    individual privacy be respected and protected in the valuation process. Appro-
 20    priate penalties for violations shall be provided in this section. Further, it
 21    is the intent of the legislature to not impose  any  form  of  a  real  estate
 22    transfer  tax  or  excise  tax and, provided further, that no such sales price
 23    data collected in accordance with this section shall be utilized for the  pur-
 24    pose of establishing or collecting an excise tax or a real estate transfer tax
 25    by the state or any political subdivision thereof.
 26        (2)  As used in this section:
 27        (a)  "Property  transfer  certificate"  means a form designed by the state
 28        tax commission required for statewide use by  all  county  assessors,  and
 29        which  requires  the  person making the certification to declare the sales
 30        price.
 31        (b)  "Purchaser" means one who  has  become  an  owner  of  real  property
 32        through  taking  title by deed, grant or contract of sale of real property
 33        for an agreed upon sales price.
 34        (c)  "Real  property"  means   single   family   residences,   residential
 35        townhouses or residential condominium units up to a fourplex.
 36        (d)  "Sales  price"  means  the  amount of the sales price attributable to
 37        real and personal property therefor paid or  to  be  paid,  including  the
 38        amount of any lien or liens thereon.
 39        (e)  "Transfer"  means  an act of the parties or of the law in which title
 40        to real property or ownership in real property is conveyed from one person
 41        to another and that a change in ownership on  the  assessor's  records  is
 42        required.
 43        (3)  All  transfers  of real property, including the transfer of a partial

                                       2

  1    interest, executed by the purchaser after January 1, 2009, shall  be  reported
  2    and  delivered to the office of the county assessor in the county in which the
  3    real property is located on a property transfer certificate as defined in this
  4    section. All property transfer certificates shall be delivered to  the  office
  5    of  the county assessor within thirty (30) days from the closing of the trans-
  6    fer of real property.
  7        (4)  The purchaser, who is a party to the real  property  transfer,  shall
  8    cause  to be delivered to the county assessor within thirty (30) days from the
  9    closing of the transfer of real  property,  a  property  transfer  certificate
 10    declaring the consideration paid for the real property transferred or claiming
 11    an exemption from disclosure.
 12        (5)  The  property transfer certificate required by this section shall not
 13    apply to:
 14        (a)  An instrument executed by the purchaser prior to January 1, 2009.
 15        (b)  A transfer between members of a family  related  within   the  second
 16        degree of consanguinity.
 17        (c)  A  transfer  by trustee's deed of reconveyance, deed in lieu of fore-
 18        closure or sheriff's deed.
 19        (d)  A transfer between related legal entities where  the  original  owner
 20        still  has ultimate ownership and  control over the residential real prop-
 21        erty.
 22        (e)  A transfer as a result of  eminent  domain  proceedings  pursuant  to
 23        chapter 7, title 7, Idaho Code.
 24        (6)  The  certificate required by this section and the information therein
 25    shall be held confidential by the county assessor, not to be disclosed  except
 26    as follows:
 27        (a)  To Idaho licensed or certified appraisers;
 28        (b)  To Idaho real estate licensees;
 29        (c)  To the Idaho state tax commission;
 30        (d)  To  a  person  owning  at  least a five percent (5%) ownership in the
 31        property;
 32        (e)  To the board of equalization, the board of tax appeals, and the Idaho
 33        system of courts having jurisdiction over property tax matters or  to  the
 34        appellant  taxpayer  who  has filed an appeal concerning property taxes or
 35        assessments at any of these appellate levels. Provided however, summaries,
 36        analyses and evaluations of data drawn from the certificates are not  con-
 37        fidential.
 38        (7)  (a) If an Idaho court finds that any public official has willfully or
 39        intentionally  disclosed  information protected from disclosure by subsec-
 40        tion (6) of this section, a civil penalty may be  assessed  by  the  court
 41        against  that  official  in  an  amount not to exceed one thousand dollars
 42        ($1,000) which shall, upon collection, be paid into the  county's  general
 43        fund,  or  in  the  case  of Idaho state level officials, as the court may
 44        direct.
 45        (b)  A purchaser who willfully makes a false statement on the  certificate
 46        declaring the consideration paid for the real property transferred, or who
 47        claims  an  exemption from disclosure knowing that the transfer is not one
 48        in which an exemption applies, shall be guilty of a misdemeanor.  Failure,
 49        by  the  purchaser,  to  deliver  the property transfer certificate to the
 50        office of the county assessor within thirty (30) days from the closing  of
 51        the  transfer  shall  be guilty of a misdemeanor and shall be fined not in
 52        excess of three hundred dollars ($300).

 53        SECTION 2.  That Section 9-340D, Idaho Code, be, and the  same  is  hereby
 54    amended to read as follows:

                                       3

  1        9-340D.  RECORDS  EXEMPT  FROM  DISCLOSURE  --  TRADE  SECRETS, PRODUCTION
  2    RECORDS, APPRAISALS, BIDS, PROPRIETARY INFORMATION. The following records  are
  3    exempt from disclosure:
  4        (1)  Trade  secrets including those contained in response to public agency
  5    or independent public  body  corporate  and  politic  requests  for  proposal,
  6    requests  for  clarification,  requests  for information and similar requests.
  7    "Trade secrets" as used in this section means information,  including  a  for-
  8    mula,  pattern,  compilation, program, computer program, device, method, tech-
  9    nique, process, or unpublished or in progress research that:
 10        (a)  Derives independent economic value, actual  or  potential,  from  not
 11        being  generally  known  to, and not being readily ascertainable by proper
 12        means by other persons who can obtain economic value from  its  disclosure
 13        or use; and
 14        (b)  Is the subject of efforts that are reasonable under the circumstances
 15        to maintain its secrecy.
 16        (2)  Production records, housing production, rental and financing records,
 17    sale or purchase records, catch records, mortgage portfolio loan documents, or
 18    similar business records of a private concern or enterprise required by law to
 19    be  submitted  to or inspected by a public agency or submitted to or otherwise
 20    obtained by an independent public body corporate and politic. Nothing in  this
 21    subsection shall limit the use which can be made of such information for regu-
 22    latory purposes or its admissibility in any enforcement proceeding.
 23        (3)  Records relating to the appraisal of real property, timber or mineral
 24    rights  prior to its acquisition, sale or lease by a public agency or indepen-
 25    dent public body corporate and politic.
 26        (4)  Any estimate prepared by a public agency or independent  public  body
 27    corporate  and  politic  that  details the cost of a public project until such
 28    time as disclosed or bids are opened, or upon award of the contract  for  con-
 29    struction of the public project.
 30        (5)  Examination,  operating or condition reports and all documents relat-
 31    ing thereto, prepared by or supplied to any public agency or independent  pub-
 32    lic  body  corporate and politic responsible for the regulation or supervision
 33    of financial institutions including, but not limited to,  banks,  savings  and
 34    loan associations, regulated lenders, business and industrial development cor-
 35    porations,  credit  unions,  and insurance companies, or for the regulation or
 36    supervision of the issuance of securities.
 37        (6)  Records gathered by a local agency or the Idaho  department  of  com-
 38    merce, as described in chapter 47, title 67, Idaho Code, for the specific pur-
 39    pose  of assisting a person to locate, maintain, invest in, or expand business
 40    operations in the state of Idaho.
 41        (7)  Shipping and marketing records of commodity commissions used to eval-
 42    uate marketing and advertising strategies and the names and addresses of grow-
 43    ers and shippers maintained by commodity commissions.
 44        (8)  Financial statements and business information and  reports  submitted
 45    by  a legal entity to a port district organized under title 70, Idaho Code, in
 46    connection with a business agreement, or with a development proposal or with a
 47    financing application for any industrial,  manufacturing,  or  other  business
 48    activity within a port district.
 49        (9)  Names  and  addresses of seed companies, seed crop growers, seed crop
 50    consignees, locations of seed crop fields, variety name and acreage  by  vari-
 51    ety.  Upon  the request of the owner of the proprietary variety, this informa-
 52    tion shall be released to the owner. Provided however, that if a seed crop has
 53    been identified as diseased or has been  otherwise  identified  by  the  Idaho
 54    department  of  agriculture,  other  state  departments of agriculture, or the
 55    United States department of agriculture to represent a threat to that particu-

                                       4

  1    lar seed or commercial crop industry or to individual growers, information  as
  2    to  test results, location, acreage involved and disease symptoms of that par-
  3    ticular seed crop, for that growing season,  shall  be  available  for  public
  4    inspection  and  copying. This exemption shall not supersede the provisions of
  5    section 22-436, Idaho Code.
  6        (10) Information obtained from books, records  and  accounts  required  in
  7    chapter   47, title 22, Idaho Code, to be maintained by the Idaho oilseed com-
  8    mission and pertaining to the individual production records of  oilseed  grow-
  9    ers.
 10        (11) Records  of  any risk retention or self-insurance program prepared in
 11    anticipation of litigation or for analysis of or settlement  of  potential  or
 12    actual  money  damage  claims  against  a  public  entity and its employees or
 13    against the industrial special indemnity fund except as otherwise discoverable
 14    under the Idaho or federal rules  of  civil  procedure.  These  records  shall
 15    include,  but  are  not limited to, claims evaluations, investigatory records,
 16    computerized reports of losses, case reserves, internal documents  and  corre-
 17    spondence relating thereto. At the time any claim is concluded, only statisti-
 18    cal data and actual amounts paid in settlement shall be deemed a public record
 19    unless  otherwise  ordered  to be sealed by a court of competent jurisdiction.
 20    Provided however, nothing in this subsection is intended to limit the attorney
 21    client privilege or attorney work product privilege otherwise available to any
 22    public agency or independent public body corporate and politic.
 23        (12) Records of laboratory test results provided by  or  retained  by  the
 24    Idaho  food  quality  assurance  laboratory.  Nothing in this subsection shall
 25    limit the use which can be made, or availability of such information if  used,
 26    for regulatory purposes or its admissibility in any enforcement proceeding.
 27        (13) Reports  required to be filed under chapter 13, title 62, Idaho Code,
 28    identifying electrical or natural or manufactured gas consumption data for  an
 29    individual customer or account.
 30        (14) Voluntarily  prepared environmental audits, and voluntary disclosures
 31    of information submitted on or before December 31, 1997, to  an  environmental
 32    agency as defined in section 9-803, Idaho Code, which are claimed to be confi-
 33    dential business information.
 34        (15) Computer  programs developed or purchased by or for any public agency
 35    or independent public body corporate and politic for its own use. As  used  in
 36    this  subsection,  "computer program" means a series of instructions or state-
 37    ments which permit the functioning of a computer system in a  manner  designed
 38    to  provide storage, retrieval and manipulation of data from the computer sys-
 39    tem, and any associated documentation and source material that explain how  to
 40    operate the computer program. Computer program does not include:
 41        (a)  The  original  data  including,  but  not  limited to, numbers, text,
 42        voice, graphics and images;
 43        (b)  Analysis, compilation and other manipulated  forms  of  the  original
 44        data produced by use of the program; or
 45        (c)  The  mathematical  or  statistical formulas that would be used if the
 46        manipulated forms of the original data were to be produced manually.
 47        (16) Active investigative records and trademark usage audits of the  Idaho
 48    potato  commission  specifically  relating  to  the enforcement of chapter 12,
 49    title 22, Idaho Code, until the commencement of formal proceedings as provided
 50    by rules of the commission; purchase and sales information  submitted  to  the
 51    Idaho  potato  commission during a trademark usage audit, and investigation or
 52    enforcement proceedings. Inactive investigatory  records  shall  be  disclosed
 53    unless  the  disclosure  would  violate the standards set forth in subsections
 54    (1)(a) through (f) of section 9-335, Idaho Code. Nothing  in  this  subsection
 55    shall  limit the use which can be made, or availability of such information if

                                       5

  1    used, for regulatory purposes or its admissibility in any enforcement proceed-
  2    ing.
  3        (17) All records copied or obtained by the director of the  department  of
  4    agriculture  or  his designee as a result of an inspection pursuant to section
  5    25-3806, Idaho Code, except:
  6        (a)  Records otherwise deemed to be public records not exempt from disclo-
  7        sure pursuant to this chapter; and
  8        (b)  Inspection reports, determinations of compliance or noncompliance and
  9        all other records created by the director or his designee pursuant to sec-
 10        tion 25-3806, Idaho Code.
 11        (18) All data and information collected by the division of  animal  indus-
 12    tries  or the state brand board pursuant to the provisions of section 25-207B,
 13    Idaho Code, or rules promulgated thereunder.
 14        (19) Records disclosed to a county official by the  state  tax  commission
 15    pursuant to subsection (4)(c) of section 63-3029B, Idaho Code.
 16        (20) Records, data, information and materials collected, developed, gener-
 17    ated, ascertained or discovered during the course of academic research at pub-
 18    lic  institutions  of higher education if the disclosure of such could reason-
 19    ably affect the conduct or outcome of the research, or the ability of the pub-
 20    lic institution of higher education  to patent or copyright  the  research  or
 21    protect intellectual property.
 22        (21) Records, data, information and materials collected or utilized during
 23    the  course  of  academic  research at public institutions of higher education
 24    provided by any person or entity other than the public institution  of  higher
 25    education or a public agency.
 26        (22) The  exemptions from disclosure provided in subsections (20) and (21)
 27    of this section shall apply only  until  the  academic  research  is  publicly
 28    released, copyrighted or patented, or until the academic research is completed
 29    or  terminated.  At  such  time, the records, data, information, and materials
 30    shall be subject to public disclosure unless: (a) another  exemption  in  this
 31    chapter  applies; (b) such information was provided to the institution subject
 32    to a written agreement of confidentiality; or (c) public disclosure would pose
 33    a danger to persons or property.
 34        (23) The exemptions from disclosure provided in subsections (20) and  (21)
 35    of  this  section do not include basic information about a particular research
 36    project that is otherwise subject to public disclosure, such as the nature  of
 37    the  academic  research, the name of the researcher, and the amount and source
 38    of the funding provided for the project.
 39        (24) Records of a  county  assessor  containing  information  showing  the
 40    income  and  expenses  of  a  taxpayer,  which information was provided to the
 41    assessor by the taxpayer to permit the assessor  to  determine  the  value  of
 42    property of the taxpayer.
 43        (25) Results  of  laboratory  tests which have no known adverse impacts to
 44    human health conducted by the Idaho state  department  of  agriculture  animal
 45    health  laboratory, related to diagnosis of animal diseases of individual ani-
 46    mals or herds, on samples submitted by veterinarians or animal owners unless:
 47        (a)  The laboratory test results indicate the presence of a state or  fed-
 48        erally reportable or regulated disease in animals;
 49        (b)  The  release of the test results is required by state or federal law;
 50        or
 51        (c)  The test result is identified as representing a threat to  animal  or
 52        human health or to the livestock industry by the Idaho state department of
 53        agriculture  or  the  United  States department of agriculture. Nothing in
 54        this subsection shall limit the use which can be made, or availability  of
 55        such  information if used, for regulatory purposes or its admissibility in

                                       6

  1        any enforcement proceeding, or the duty of any person to report contagious
  2        or infectious diseases as required by state or federal law.
  3        (256) Results of laboratory tests conducted by the Idaho state  department
  4    of  agriculture seed laboratory on samples submitted by seed producers or seed
  5    companies. Nothing in this subsection shall limit the use which can  be  made,
  6    or  availability of such information pursuant to the provisions of subsections
  7    (9) and (10) of section 22-418, Idaho Code.
  8        (257) For policies that are owned by private persons, and not by a  public
  9    agency  of  the  state of Idaho, records of policies, endorsements, affidavits
 10    and any records that discuss policies, endorsements and affidavits that may be
 11    required to be filed with or by a surplus line association pursuant to chapter
 12    12, title 41, Idaho Code.
 13        (28) Property transfer certificates filed with the county assessor  pursu-
 14    ant to section 63-307A, Idaho Code.

Amendment




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

                                                                       

                                                     Moved by       Heinrich

                                                     Seconded by Keough 


                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1400

  1                                AMENDMENT TO SECTION 1
  2        On page 1 of  the  printed  bill,  in  line  32,  following  "or"  insert:
  3    "recorded";  in  line  33, following "price" insert: "less or net the value of
  4    personal property"; and delete line 35 and insert:  "townhouses,  condominiums
  5    or residential units up to a fourplex.".
  6        On  page  2,  in  line  8,  delete "cause to be delivered" and insert: "be
  7    solely responsible to have delivered"; in line 17,  following  "reconveyance,"
  8    insert:  "a  trustee's deed after a nonjudicial foreclosure,"; and in line 38,
  9    following "official" insert: ", as defined in section 59-703, Idaho Code,".

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




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

                                                                       

                                       IN THE SENATE

                              SENATE BILL NO. 1400, As Amended

                         BY LOCAL GOVERNMENT AND TAXATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO TRANSFER OF REAL PROPERTY; AMENDING CHAPTER  3,  TITLE  63,  IDAHO
  3        CODE,  BY  THE ADDITION OF A NEW SECTION 63-307A, IDAHO CODE, TO PROVIDE A
  4        STATEMENT OF INTENT, TO PROVIDE DEFINITIONS, TO PROVIDE FOR  A  REPORT  OF
  5        TRANSFERS  AND  CHANGE  IN  OWNERSHIP  RECORDS,  TO PROVIDE FOR A PROPERTY
  6        TRANSFER CERTIFICATE, TO PROVIDE FOR EXEMPTIONS FROM DISCLOSURE OF  VALUE,
  7        TO PROHIBIT DISCLOSURE OF INFORMATION AND TO PROVIDE PENALTIES; AND AMEND-
  8        ING  SECTION  9-340D,  IDAHO  CODE,  TO  MAKE TECHNICAL CORRECTIONS AND TO
  9        EXEMPT FROM DISCLOSURE PROPERTY TRANSFER CERTIFICATES.

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

 11        SECTION 1.  That Chapter 3, Title 63, Idaho Code,  be,  and  the  same  is
 12    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 13    ignated as Section 63-307A, Idaho Code, and to read as follows:

 14        63-307A.  CHANGE OF OWNERSHIP -- TRANSFER OF REAL PROPERTY --  DISCLOSURE.
 15    (1)  The  purpose of this act is to obtain residential real estate sales price
 16    data which may be utilized to assist in real  property  valuation  assessments
 17    for the purpose of uniformity of assessment as provided in the constitution of
 18    the  state  of  Idaho. It is the intent of the legislature that the demand for
 19    individual privacy be respected and protected in the valuation process. Appro-
 20    priate penalties for violations shall be provided in this section. Further, it
 21    is the intent of the legislature to not impose  any  form  of  a  real  estate
 22    transfer  tax  or  excise  tax and, provided further, that no such sales price
 23    data collected in accordance with this section shall be utilized for the  pur-
 24    pose of establishing or collecting an excise tax or a real estate transfer tax
 25    by the state or any political subdivision thereof.
 26        (2)  As used in this section:
 27        (a)  "Property  transfer  certificate"  means a form designed by the state
 28        tax commission required for statewide use by  all  county  assessors,  and
 29        which  requires  the  person making the certification to declare the sales
 30        price.
 31        (b)  "Purchaser" means one who  has  become  an  owner  of  real  property
 32        through  taking  title by deed, grant or recorded contract of sale of real
 33        property for an agreed upon sales price less or net the value of  personal
 34        property.
 35        (c)  "Real   property"   means   single   family  residences,  residential
 36        townhouses, condominiums or residential units up to a fourplex.
 37        (d)  "Sales price" means the amount of the  sales  price  attributable  to
 38        real  and  personal  property  therefor  paid or to be paid, including the
 39        amount of any lien or liens thereon.
 40        (e)  "Transfer" means an act of the parties or of the law in  which  title
 41        to real property or ownership in real property is conveyed from one person
 42        to  another  and  that  a change in ownership on the assessor's records is
 43        required.

                                       2

  1        (3)  All transfers of real property, including the transfer of  a  partial
  2    interest,  executed  by the purchaser after January 1, 2009, shall be reported
  3    and delivered to the office of the county assessor in the county in which  the
  4    real property is located on a property transfer certificate as defined in this
  5    section.  All  property transfer certificates shall be delivered to the office
  6    of the county assessor within thirty (30) days from the closing of the  trans-
  7    fer of real property.
  8        (4)  The purchaser, who is a party to the real property transfer, shall be
  9    solely responsible to have delivered to the county assessor within thirty (30)
 10    days  from  the  closing of the transfer of real property, a property transfer
 11    certificate declaring the consideration paid for the real property transferred
 12    or claiming an exemption from disclosure.
 13        (5)  The property transfer certificate required by this section shall  not
 14    apply to:
 15        (a)  An instrument executed by the purchaser prior to January 1, 2009.
 16        (b)  A  transfer  between  members  of a family related within  the second
 17        degree of consanguinity.
 18        (c)  A transfer by trustee's deed of reconveyance, a trustee's deed  after
 19        a nonjudicial foreclosure, deed in lieu of foreclosure or sheriff's deed.
 20        (d)  A  transfer  between  related legal entities where the original owner
 21        still has ultimate ownership and  control over the residential real  prop-
 22        erty.
 23        (e)  A  transfer  as  a  result  of eminent domain proceedings pursuant to
 24        chapter 7, title 7, Idaho Code.
 25        (6)  The certificate required by this section and the information  therein
 26    shall  be held confidential by the county assessor, not to be disclosed except
 27    as follows:
 28        (a)  To Idaho licensed or certified appraisers;
 29        (b)  To Idaho real estate licensees;
 30        (c)  To the Idaho state tax commission;
 31        (d)  To a person owning at least a five  percent  (5%)  ownership  in  the
 32        property;
 33        (e)  To the board of equalization, the board of tax appeals, and the Idaho
 34        system  of  courts having jurisdiction over property tax matters or to the
 35        appellant taxpayer who has filed an appeal concerning  property  taxes  or
 36        assessments at any of these appellate levels. Provided however, summaries,
 37        analyses  and evaluations of data drawn from the certificates are not con-
 38        fidential.
 39        (7)  (a) If an Idaho court finds that any public official, as  defined  in
 40        section  59-703,  Idaho  Code,  has  willfully  or intentionally disclosed
 41        information protected from disclosure by subsection (6) of this section, a
 42        civil penalty may be assessed by the court against  that  official  in  an
 43        amount  not to exceed one thousand dollars ($1,000) which shall, upon col-
 44        lection, be paid into the county's general fund, or in the case  of  Idaho
 45        state level officials, as the court may direct.
 46        (b)  A  purchaser who willfully makes a false statement on the certificate
 47        declaring the consideration paid for the real property transferred, or who
 48        claims an exemption from disclosure knowing that the transfer is  not  one
 49        in  which an exemption applies, shall be guilty of a misdemeanor. Failure,
 50        by the purchaser, to deliver the  property  transfer  certificate  to  the
 51        office  of the county assessor within thirty (30) days from the closing of
 52        the transfer shall be guilty of a misdemeanor and shall be  fined  not  in
 53        excess of three hundred dollars ($300).

 54        SECTION  2.  That  Section  9-340D, Idaho Code, be, and the same is hereby

                                       3

  1    amended to read as follows:

  2        9-340D.  RECORDS EXEMPT  FROM  DISCLOSURE  --  TRADE  SECRETS,  PRODUCTION
  3    RECORDS,  APPRAISALS, BIDS, PROPRIETARY INFORMATION. The following records are
  4    exempt from disclosure:
  5        (1)  Trade secrets including those contained in response to public  agency
  6    or  independent  public  body  corporate  and  politic  requests for proposal,
  7    requests for clarification, requests for  information  and  similar  requests.
  8    "Trade  secrets"  as  used in this section means information, including a for-
  9    mula, pattern, compilation, program, computer program, device,  method,  tech-
 10    nique, process, or unpublished or in progress research that:
 11        (a)  Derives  independent  economic  value,  actual or potential, from not
 12        being generally known to, and not being readily  ascertainable  by  proper
 13        means  by  other persons who can obtain economic value from its disclosure
 14        or use; and
 15        (b)  Is the subject of efforts that are reasonable under the circumstances
 16        to maintain its secrecy.
 17        (2)  Production records, housing production, rental and financing records,
 18    sale or purchase records, catch records, mortgage portfolio loan documents, or
 19    similar business records of a private concern or enterprise required by law to
 20    be submitted to or inspected by a public agency or submitted to  or  otherwise
 21    obtained  by an independent public body corporate and politic. Nothing in this
 22    subsection shall limit the use which can be made of such information for regu-
 23    latory purposes or its admissibility in any enforcement proceeding.
 24        (3)  Records relating to the appraisal of real property, timber or mineral
 25    rights prior to its acquisition, sale or lease by a public agency or  indepen-
 26    dent public body corporate and politic.
 27        (4)  Any  estimate  prepared by a public agency or independent public body
 28    corporate and politic that details the cost of a  public  project  until  such
 29    time  as  disclosed or bids are opened, or upon award of the contract for con-
 30    struction of the public project.
 31        (5)  Examination, operating or condition reports and all documents  relat-
 32    ing  thereto, prepared by or supplied to any public agency or independent pub-
 33    lic body corporate and politic responsible for the regulation  or  supervision
 34    of  financial  institutions  including, but not limited to, banks, savings and
 35    loan associations, regulated lenders, business and industrial development cor-
 36    porations, credit unions, and insurance companies, or for  the  regulation  or
 37    supervision of the issuance of securities.
 38        (6)  Records  gathered  by  a local agency or the Idaho department of com-
 39    merce, as described in chapter 47, title 67, Idaho Code, for the specific pur-
 40    pose of assisting a person to locate, maintain, invest in, or expand  business
 41    operations in the state of Idaho.
 42        (7)  Shipping and marketing records of commodity commissions used to eval-
 43    uate marketing and advertising strategies and the names and addresses of grow-
 44    ers and shippers maintained by commodity commissions.
 45        (8)  Financial  statements  and business information and reports submitted
 46    by a legal entity to a port district organized under title 70, Idaho Code,  in
 47    connection with a business agreement, or with a development proposal or with a
 48    financing  application  for  any  industrial, manufacturing, or other business
 49    activity within a port district.
 50        (9)  Names and addresses of seed companies, seed crop growers,  seed  crop
 51    consignees,  locations  of seed crop fields, variety name and acreage by vari-
 52    ety. Upon the request of the owner of the proprietary variety,  this  informa-
 53    tion shall be released to the owner. Provided however, that if a seed crop has
 54    been  identified  as  diseased  or  has been otherwise identified by the Idaho

                                       4

  1    department of agriculture, other state  departments  of  agriculture,  or  the
  2    United States department of agriculture to represent a threat to that particu-
  3    lar  seed or commercial crop industry or to individual growers, information as
  4    to test results, location, acreage involved and disease symptoms of that  par-
  5    ticular  seed  crop,  for  that  growing season, shall be available for public
  6    inspection and copying. This exemption shall not supersede the  provisions  of
  7    section 22-436, Idaho Code.
  8        (10) Information  obtained  from  books,  records and accounts required in
  9    chapter  47, title 22, Idaho Code, to be maintained by the Idaho oilseed  com-
 10    mission  and  pertaining to the individual production records of oilseed grow-
 11    ers.
 12        (11) Records of any risk retention or self-insurance program  prepared  in
 13    anticipation  of  litigation  or for analysis of or settlement of potential or
 14    actual money damage claims against  a  public  entity  and  its  employees  or
 15    against the industrial special indemnity fund except as otherwise discoverable
 16    under  the  Idaho  or  federal  rules  of civil procedure. These records shall
 17    include, but are not limited to, claims  evaluations,  investigatory  records,
 18    computerized  reports  of losses, case reserves, internal documents and corre-
 19    spondence relating thereto. At the time any claim is concluded, only statisti-
 20    cal data and actual amounts paid in settlement shall be deemed a public record
 21    unless otherwise ordered to be sealed by a court  of  competent  jurisdiction.
 22    Provided however, nothing in this subsection is intended to limit the attorney
 23    client privilege or attorney work product privilege otherwise available to any
 24    public agency or independent public body corporate and politic.
 25        (12) Records  of  laboratory  test  results provided by or retained by the
 26    Idaho food quality assurance laboratory.  Nothing  in  this  subsection  shall
 27    limit  the use which can be made, or availability of such information if used,
 28    for regulatory purposes or its admissibility in any enforcement proceeding.
 29        (13) Reports required to be filed under chapter 13, title 62, Idaho  Code,
 30    identifying  electrical or natural or manufactured gas consumption data for an
 31    individual customer or account.
 32        (14) Voluntarily prepared environmental audits, and voluntary  disclosures
 33    of  information  submitted on or before December 31, 1997, to an environmental
 34    agency as defined in section 9-803, Idaho Code, which are claimed to be confi-
 35    dential business information.
 36        (15) Computer programs developed or purchased by or for any public  agency
 37    or  independent  public body corporate and politic for its own use. As used in
 38    this subsection, "computer program" means a series of instructions  or  state-
 39    ments  which  permit the functioning of a computer system in a manner designed
 40    to provide storage, retrieval and manipulation of data from the computer  sys-
 41    tem,  and any associated documentation and source material that explain how to
 42    operate the computer program. Computer program does not include:
 43        (a)  The original data including,  but  not  limited  to,  numbers,  text,
 44        voice, graphics and images;
 45        (b)  Analysis,  compilation  and  other  manipulated forms of the original
 46        data produced by use of the program; or
 47        (c)  The mathematical or statistical formulas that would be  used  if  the
 48        manipulated forms of the original data were to be produced manually.
 49        (16) Active  investigative records and trademark usage audits of the Idaho
 50    potato commission specifically relating to  the  enforcement  of  chapter  12,
 51    title 22, Idaho Code, until the commencement of formal proceedings as provided
 52    by  rules  of  the commission; purchase and sales information submitted to the
 53    Idaho potato commission during a trademark usage audit, and  investigation  or
 54    enforcement  proceedings.  Inactive  investigatory  records shall be disclosed
 55    unless the disclosure would violate the standards  set  forth  in  subsections

                                       5

  1    (1)(a)  through  (f)  of section 9-335, Idaho Code. Nothing in this subsection
  2    shall limit the use which can be made, or availability of such information  if
  3    used, for regulatory purposes or its admissibility in any enforcement proceed-
  4    ing.
  5        (17) All  records  copied or obtained by the director of the department of
  6    agriculture or his designee as a result of an inspection pursuant  to  section
  7    25-3806, Idaho Code, except:
  8        (a)  Records otherwise deemed to be public records not exempt from disclo-
  9        sure pursuant to this chapter; and
 10        (b)  Inspection reports, determinations of compliance or noncompliance and
 11        all other records created by the director or his designee pursuant to sec-
 12        tion 25-3806, Idaho Code.
 13        (18) All  data  and information collected by the division of animal indus-
 14    tries or the state brand board pursuant to the provisions of section  25-207B,
 15    Idaho Code, or rules promulgated thereunder.
 16        (19) Records  disclosed  to  a county official by the state tax commission
 17    pursuant to subsection (4)(c) of section 63-3029B, Idaho Code.
 18        (20) Records, data, information and materials collected, developed, gener-
 19    ated, ascertained or discovered during the course of academic research at pub-
 20    lic institutions of higher education if the disclosure of such  could  reason-
 21    ably affect the conduct or outcome of the research, or the ability of the pub-
 22    lic  institution  of  higher education  to patent or copyright the research or
 23    protect intellectual property.
 24        (21) Records, data, information and materials collected or utilized during
 25    the course of academic research at public  institutions  of  higher  education
 26    provided  by  any person or entity other than the public institution of higher
 27    education or a public agency.
 28        (22) The exemptions from disclosure provided in subsections (20) and  (21)
 29    of  this  section  shall  apply  only  until the academic research is publicly
 30    released, copyrighted or patented, or until the academic research is completed
 31    or terminated. At such time, the records,  data,  information,  and  materials
 32    shall  be  subject  to public disclosure unless: (a) another exemption in this
 33    chapter applies; (b) such information was provided to the institution  subject
 34    to a written agreement of confidentiality; or (c) public disclosure would pose
 35    a danger to persons or property.
 36        (23) The  exemptions from disclosure provided in subsections (20) and (21)
 37    of this section do not include basic information about a  particular  research
 38    project  that is otherwise subject to public disclosure, such as the nature of
 39    the academic research, the name of the researcher, and the amount  and  source
 40    of the funding provided for the project.
 41        (24) Records  of  a  county  assessor  containing  information showing the
 42    income and expenses of a taxpayer,  which  information  was  provided  to  the
 43    assessor  by  the  taxpayer  to  permit the assessor to determine the value of
 44    property of the taxpayer.
 45        (25) Results of laboratory tests which have no known  adverse  impacts  to
 46    human  health  conducted  by  the Idaho state department of agriculture animal
 47    health laboratory, related to diagnosis of animal diseases of individual  ani-
 48    mals or herds, on samples submitted by veterinarians or animal owners unless:
 49        (a)  The  laboratory test results indicate the presence of a state or fed-
 50        erally reportable or regulated disease in animals;
 51        (b)  The release of the test results is required by state or federal  law;
 52        or
 53        (c)  The  test  result is identified as representing a threat to animal or
 54        human health or to the livestock industry by the Idaho state department of
 55        agriculture or the United States department  of  agriculture.  Nothing  in

                                       6

  1        this  subsection shall limit the use which can be made, or availability of
  2        such information if used, for regulatory purposes or its admissibility  in
  3        any enforcement proceeding, or the duty of any person to report contagious
  4        or infectious diseases as required by state or federal law.
  5        (256) Results  of laboratory tests conducted by the Idaho state department
  6    of agriculture seed laboratory on samples submitted by seed producers or  seed
  7    companies.  Nothing  in this subsection shall limit the use which can be made,
  8    or availability of such information pursuant to the provisions of  subsections
  9    (9) and (10) of section 22-418, Idaho Code.
 10        (257) For  policies that are owned by private persons, and not by a public
 11    agency of the state of Idaho, records of  policies,  endorsements,  affidavits
 12    and any records that discuss policies, endorsements and affidavits that may be
 13    required to be filed with or by a surplus line association pursuant to chapter
 14    12, title 41, Idaho Code.
 15        (28) Property  transfer certificates filed with the county assessor pursu-
 16    ant to section 63-307A, Idaho Code.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE 

                              RS17527
                                  
The purpose of this legislation is to provide the framework
necessary to implement sales price disclosure on real estate
transactions of single family residences, residential townhouses or
residential condominium units up to a fourplex. 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 and sets out penalties for
inappropriate release of information. It further sets out the
process for the sales prices to be disclosed to 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 IMPACT
                                  
There is no fiscal impact to the state general fund.




Contact
Name:   Sen. Shawn Keough
        Sen. Lee Heinrich
        Rep. Wendy Jaquet
        Rep. George Eskridge

Phone:  332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1400