REVENUE AND TAXATION
MISCELLANEOUS PROVISIONS OF TAX LAW
63-1305A. Payment of Judgment by order of court. [effective until july 1, 2017] (1) Notwithstanding the provisions of section 6-928, Idaho Code, and except as provided for in section 63-1305, Idaho Code, a nonschool taxing district may certify a budget request for an amount of property tax revenues to finance an annual budget in excess of the limitations imposed by section 63-802, Idaho Code, for the purpose of paying a final judgment entered by a court of law, including interest, costs and award of attorney’s fees, if any, provided that:
(a) The taxing district first budgets the maximum amount of property tax permitted pursuant to section 63-802, Idaho Code, including any available forgone amount; and
(b) All surplus funds available to the taxing district are used to pay the outstanding judgment; and
(c) The judgment was entered after December 1, 2010; and
(d) The judgment amount, including interest and award of attorney’s fees, if any, exceeds one-third (1/3) of the property tax revenues used to finance the taxing district’s highest annual budget in the preceding three (3) years; and
(e) The amount in excess of the limitations imposed by section 63-802, Idaho Code, authorized by this section does not increase the budget that would otherwise be applicable by more than the amount raised by a levy rate of one-tenths of one percent (0.1%).
(2) The provisions of subsection (1) of this section pertain regardless of whether the judgment is paid in cash, redeemable warrants, the proceeds of bonded indebtedness permitted as an ordinary and necessary expense or any combination of these methods of payment.
(3) The state tax commission may promulgate rules necessary to administer the provisions of this section.
(4) The levy permitted pursuant to subsection (1) of this section may be levied only until the judgment is paid in full.
[63-1305A, added 2012, ch. 339, sec. 1, p. 934.]