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Story published at magicvalley.com on Saturday, March 22, 2008
Last modified on Saturday, March 22, 2008 12:15 AM MDT
House passes local-option sales tax amendment
Fate in Senate unclear
BOISE - The House passed Friday a constitutional amendment that would mandate a two-thirds voter approval for any local-option sales tax, a move supporters said will protect Idaho taxpayers, and that critics called unnecessary.

Just one member of each party crossed the aisle in the the 51-19 vote. The amendment still must get two-thirds of the Senate and of voter approval in November.

The bill, in the works since the session convened in January, would place in the Idaho Constitution a requirement for two-thirds majority of voters to pass any local-option sales taxes and set the same minimum in counties or cities where such a taxing district is proposed.

Supporters said the measure was not intended to curb efforts by Idahoans who want to use revenue for roads or transit - as is the case in the Treasure Valley - but rather provide safeguards against levying taxes against those in opposition. They also called it a safeguard against future legislatures that might try and lower the two-thirds majority, citing a need to make government-taxing tougher, not easier.

"These are not restrictions, these are protections," said House Majority Leader Mike Moyle, R-Star, the bill's lead sponsor. "We're protecting the citizens."

By requiring individual cities and counties to hold their own elections, lawmakers sought to avoid neighboring areas being forced to raise taxes unwillingly. In last year's community college district vote, Canyon County voters were below the two-thirds threshold while Ada County was above it.

Rep. Leon Smith, R-Twin Falls, was the sole Republican to oppose the measure, and said there already are enough parameters. His district includes the city of Twin Falls, where–Mayor Lance Clow has championed cities local-option sales taxes.

"I don't march with the herd," Smith said. He added: "As an ex-mayor, I always have cared for cities and local government. I don't consider the Legislature omnipotent nor do I think we today will have more wisdom than the Legislature tomorrow. We've got plenty of needs now and we will in the future for local option taxes."

The amendment has received the support of Gov. C.L. "Butch" Otter.

Democrats said the measure will make it more difficult for voters who support local-option sales taxes to get them. Currently, the Legislature can pass enabling legislation for voters to approve; several existing kinds require two-thirds vote. The amendment cements any new local-option taxes to have two-thirds vote to pass regardless of how the tax revenue is used.

Others criticized how the bill would also raise the threshold for resort towns, which currently require 60 percent voter approval. Places such as Ketchum, whose resort tax expires in five years, would be required to meet the higher standard.

"What happened to local control?" questioned House Minority Leader Wendy Jaquet, D-Ketchum. "This muddies the Constitution."

Jim Weatherby, a retired Boise State University political science professor, supports local-option taxes. He was disappointed but not surprised.

"I do think it's a step backward," he said. "It's putting on a very high restriction on local voters."

The Twin Falls Area Chamber of Commerce did not take a position, but is supportive of increased transportation funding. The chamber belongs to the statewide Idaho Chamber Alliance, which opposed the bill.

"It's allowed already for resort communities, and we feel that option should be available to the rest of us as well," said Shawn Barigar, president of the Twin Falls Chamber. "Our chamber traditionally has supported the idea of allowing a local community to vote on their own to impose taxes themselves."

Several legislators said proposals are expected next week regarding legislation to provide for votes in the Treasure Valley. Opposing legislation is also expected.

Jared S. Hopkins may be reached at 420-8371 or jhopkins@magicvalley.com.





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