Department of Education 2013 BUDGET AND LEVY TRAINING

1. Department of Education 2013 BUDGET AND LEVY TRAINING

2. Contact Information Alan Dornfest: Property Tax Policy Bureau Chief Phone: (208) 334-7742 Fax: (208) 334-7844 E-Mail: alan.dornfest@tax.idaho.gov Gary Houde: Senior Research Analyst Phone: (208) 334-7541 Fax: (208) 334-7741 E-Mail: gary.houde@tax.idaho.gov Tax Commission Web Page: www.tax.idaho.gov

3. 2013 Legislative Session

4. HB-25 – Technical Corrections – Property Tax • Amends I.C. §63-215 – Requires contact information (identifies an individual associated with school district) whenever there is a boundary change. • Amends I.C. §63-810 – Extends the date to correct an erroneous levy to February 15 from January 30 of the succeeding year.

5. HB-315 – Personal Property Exemption • $100,000 exemption per taxpayer per county. • In addition, an item of personal property, purchased after 1/1/2013 is exempt if costs $3,000 or less. • Provides for reimbursement money paid to each county ½ on Dec. 20th and ½ on June 20th. • County will distribute to each qualifying taxing district. • No reimbursement for “item” exemption. • No change in future reimbursement.

6. HB-315 – Personal Property ExemptionLevy Setting • 2013: levies to be set including personal property exemption value (replacement money fills gap). • 2014: • Statute requires levies to be set including exempted value. • This will reduce amount to be collected below amount certified. • Not intended – sponsors intend to correct with trailer bill next session.

7. HB-315 – Personal Property Exemption • 2013 Property Tax Budget and Levy • No effect on this year’s processes • 2014 property tax budget certification you will have additional property tax replacement revenue to report and subtract on the L-2 worksheet. Agricultural Equipment and Personal Property replacement money. • Notification by June 1, 2014 (final amounts w/corrections)

8. HB-315 – Levy CalculationPersonal Property Exemption From taxpayer From state

9. HB-315 – 2014 Levy CalculationPersonal Property Exemption NOTE: Proposed legislative correction would subtract exemption value before computing levy rate beginning 2014. Notice in the example on the left that the total p-tax budget request is $105,000. Because the pp exemption was not deducted from the value used to determine levy rate the district would be shorted by $4,762. The example to the right demonstrates the same issue but includes a voter approved fund passed in 2014 after the reimbursement was established.

10. HB-315 – QuestionsPersonal Property Exemption • Will personal property reimbursement change after 2013? • Corrections may be made until May 2014 • No changes afterwards to existing districts. • What if a taxpayer changes the location of the property to which the exemption applies? (i.e. Meridian 2013, Boise 2014) • No change to amount of reimbursement • Taxing districts in current (ie: 2014) location of exempt property lose taxable value. • No change in reimbursement • if a new voter approved levy is passed • if a levy existing in 2013 expires

11. HB-315 – Voter Approved LeviesPersonal Property Exemption • Bonds: • Election prior to November 2013 & levy in 2013 • Replacement money computed. • Levy set including pp exemption value • Capacity testing using full value including pp exemption. (exempt amount unknown for this election) • Election November 2013 or later. • No replacement money • Levy set including ppexemption value based on HB-315 (ie. w/o corrections) • Will not generate certified amount, but correction planned. • Capacity testing using full value including pp exemption.

12. HB-315 – Voter Approved Issues (cont.)Personal Property Exemption • All other voter approved funds. • Election before November 2013 and levy in 2013. • For Plant Facilities funds hypothetical levy calculation for election includes pp exemption value. • Election November 2013 or later • For Plant Facilities exclude pp exemption value.

13. PacifiCorp Judgment

14. I.C. §63-1305 JudgmentsRule 939 • Valuation appeal to Board of Tax Appeals or any Court. • If appeal successful and a refund ordered then a district may levy for the amount of the ordered refund. • Levy must be within the two years immediately following the order. Any amount certified and not levied within that 2 year period is lost. If less than $100 remaining to be levied in second year, the amount remaining will be lost.

15. I.C. §63-1305 Pacific Corp. Judgment • County to refund based on Supreme Court order relating to 2008 tax year*. • County Commissioners may either refund taxes or apply the amount to be refunded as a credit against taxes due from the taxpayer in the following year. May use a combination of both. • County computes interest due and the total refund amount. • County will notify each taxing district of portion within the county and the STC of the total amount of the refund, including interest, by May 1st. • STC will compile totals for each taxing district and forward this report to each county by June 1st. *(may be additional years and companies in future, pending appeals involving PacifiCorp and Id Power)

16. I.C. §63-1305 Pacific Corp. JudgmentDistrict’s Responsibilities District may levy for the total amount of the refund or credit in 2013 and 2014. If 2 year option chosen the remainder for the 2nd year must be in excess of $100. Amount of the refund/credit must be included in budget. (may need to re-advertise budget) 2013 and 2014 L-2: Fund name is 63-1305 Judgment Levy: Not part of your 3% budget cap, No maximum levy limit, After 2nd year, any remaining amount not levied will be lost.

17. L-2 Example • Taxing district was notified by county that their share of the judgment was $1,000. • They could levy the entire $1,000 this year or, • Choose to levy, all or a part, over a 2 year period. • WARNING: In order to use the 2 year method the amount remaining to be levied in the 2nd year must exceed $100. The above L-2 shows the district is levying ½ of their total judgment this year. Presumably they will levy the remaining $500 next year. Any remainder not levied in year 2 will be lost.

18. Proposed Rule 803 • Can’t levy more than advertised amount. • Attach a copy of the published budget notice to the L-2 submitted to EACH county.

19. School District Levy Info

20. Budget Stabilization Levies • School districts not receiving state equalization funds in fiscal year 2006 authorized a “Budget Stabilization Levy” • #61 Blaine – $29,521,352 • # 92 Swan Valley - $ 133,871 • # 394 Avery - $ 117,520 • # 421 McCall Donnelly - $ 5,658,712 • These amounts are maximum annual property tax amounts.

21. Non-Exempt School District FundsSubject to 3% Cap – I.C. §63-802 The 3% cap applies to the sum of the funds listed below. Tort/Liability Insurance: I.C.§6-927 – no levy rate limit; liability insurance premiums only. *Migrant Worker: I.C.§33-803 – 0.001 - If the total M&O and Migrant Worker levy rate exceeds 0.006 an election for this fund must be held; a majority of the voters must approve the fund. * Never been used so 3% limit applies to tort fund.

22. Exempt School District FundsNot Subject to 3% Cap – I.C. §63-802 Maintenance & Operation: I.C.§33-802 – Use the highest of the actual or adjusted prior year’s market value multiplied by 0.00364167 (Boise #1 only). Budget Stabilization Fund: I.C. §33-802-Districts not receiving state equalization funds in FY2006 may have a budget stabilization levy (amount cannot be exceeded). Plant Facilities: I.C.§33-804 – Up to 0.004 1st year only, then only capped based on ballot measure language. Safe School Plant Facilities: I.C.§33-804A – Same basic election rules as regular Plant Facilities levy except term is 20 years and must meet certain criteria. Refer to code for details. State Authorized Plant Facilites: I.C. §33-909 – Fund authorized by Dept. of Education which certifies a levy rate each year to the county or counties of the school district. We need a copy of this certification of levy rate. Refer to code for details.

23. Exempt School District FundsNot Subject to 3% Cap – I.C. §63-802 Cooperative Service Agency (COSA): I.C. §33-317 – levy rate limit of 0.001. Majority of voter approval for up to 10 years. COSA Facilities Levy: I.C. §33-317 – levy rate limit of 0.004. 66 2/3 voter approval for up to 10 years. COSA Plant Facilities Levy: I.C. §33-317A – Voter approved for a period of 3 years. May have a 33-804 Plant Facilities in addition. Up to 0.004 each year based on prior year’s value. Supplemental (override): I.C. §33-802 – no levy rate limit. Supplemental Transfer from existing Plant Facilities: I.C. §33-804(4) – With voter approval allows for a stated dollar amount from an existing Plant Facilities to be transferred to and levied as a Supplemental (2Yrs).

24. Exempt School District FundsNot Subject to 3% Cap – I.C. §63-802 Bond: I.C.§33-1103 – refer to code for details. Judgments: I.C. §33-802 – refer to code for details. Tuition: I.C.§33-1408 – no levy rate limit Judgments: I.C. §63-1305 - When board of tax appeals or any court orders a refund of any property taxes imposed. Emergency: I.C.§33-805 & 63-805 – levy rate limit of 0.0006; refer to code for details.

25. Plant Facilities FAQ’s • How many plant facilities levies can a district have? • The law and IDAPA Rule 801 indicate that only one (1) plant facilities fund can exist at a time. Voters may be asked to increase the length or amount of the existing plant facilities fund. • Can a school district levy property tax for a second “plant facilities reserve fund levy for safe schools facilities” pursuant to I.C. §33-804A? • No. This statute merely sets up conditions under which a plant facilities fund can last for up to 20 years. • State Authorized Plant Facilities Levy does not count toward the “only one” limit. • COSA Plant Facilities – May be levied in the same year as those listed above. Maximum term is 3 years. (separate line items on L-2 and voter approved fund tracker)

26. School Supplemental (overrides) • Provisions outlined in Idaho Code Section 33-802 • 2 year supplemental (I.C. §33-802(3)): • Simple majority to approve. • Permanent Supplemental (I.C. §33-802(5)): • Has had a supplemental equal to or greater than 20% of the total general maintenance & operation fund for at least seven (7) consecutive years. • Must be approved by a simple majority of the district electors voting. (only 4 school districts use this provision). • Permanent Override (I.C.§63-802 funds only): • Requires 2/3 majority voter approval • Elections held May or November

27. 2012 LegislationHB-452 Bond Elections • Replaced previous I.C. §34-439 • Information to include in ballot and notice for bonded indebtedness elections. • Key additions: • Description of purpose of bonds • Length of time to pay off bonds • In effect now (Signed 4/3/2012)

28. 2012 LegislationHB-576 – Levy Election Disclosure • New Section I.C. §34-439A • Affects all levy elections except: • School permanent overrides • City permanent overrides if 2/3 majority required • Other district permanent overrides • Requires ballot and notice of election to include; • Purpose of levy • Date of election • Estimated dollar amount to be collected each year • $ not required for Charter School District supplemental. • $ not required for school bonds.

29. School Property Tax Forms

30. Note: Column 5 will not include personal property replacement amounts for 2013.

31. New info for bonds. If bond refinanced put check mark and list new expiration date. Next slide is an examples.

32. In this example Both Bonds should be expired and not listed. STC needs to know exactly how many bond(s) are still owed by the district, not what they refinanced. Using the new form put a checkmark next to both listed bonds indicating that they have been refinanced and the expiration date is XXXX.

33. May include negative values due to lost of site improvement exemption.

34. Hypothetical Levy Rate Computation Example Assumption: the total in column 5 of $17,000 is all agricultural equipment replacement. The 2012 net taxable value is 98,811,146. The sum of the p-tax portion of the Tort fund plus the agricultural equipment replacement equals $17,479 and this is divided by the $98,811,146. The result is the hypothetical levy rate of 0.000176893. The hypothetical levy rate is used to compute budget authority increases related to new construction and/or annexation only on the L-2 worksheet for 2013. This is the only use of the hypothetical levy.

35. Property Tax Replacement Money and its effect on the Computation of the Maximum Non-Exempt P-Tax Budget to be Levied by School Districts.(beginning in 2014, personal property replacement will be added before computing 3% increase).

36. Example: School L-2 Worksheet if P-Tax Replacement $ are Less Than Allowable Maximum Property Tax Budget This is the maximum amount available to levy for the tort fund.

37. Example of L-2 if School’s Property Tax Replacement $ Less Than Allowable Maximum P-Tax Budget This L-2 example shows how to complete the L-2 if the school district’s maximum property tax portion of its tort fund budget is greater than their Property Tax replacement money. In this example there will be a property tax levy for a tort fund.

38. Example of L-2 Worksheet if School’s P-Tax Replacement $ are More Than Allowable Maximum Property Tax Budget Since line 12 is larger than line 8 this district will not have a tort fund levy and will need to deduct the $2,966 from some other fund.

39. Example of L-2 Worksheet if School’s Property Tax Replacement $ is More Than Allowable Maximum Property Tax Budget This L-2 example shows how to complete the L-2 if the school district’s maximum property tax portion of its tort fund is less than their total property tax replacement money. Any remaining property tax replacement money must be deducted from any other property tax funds.