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H0676aaS............................................by REVENUE AND TAXATION PROPERTY TAX - AGRICULTURAL LAND - PLATTING - Amends existing law relating to property taxation to provide that if the land qualified for the exemption in Section 63-602FF, Idaho Code, in 2005, the land will qualify in 2006 for the speculative portion of agricultural land exemption upon certain events occurring; to provide that the platting of land actively devoted to agriculture does not alone cause the land to lose its actively devoted to agriculture status; and to define terms. 02/13 House intro - 1st rdg - to printing 02/14 Rpt prt - to 2nd rdg 02/15 2nd rdg - to 3rd rdg 02/17 3rd rdg - PASSED - 69-0-1 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart(Jacobson), Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Miller Floor Sponsor - Roberts Title apvd - to Senate 02/20 Senate intro - 1st rdg - to Loc Gov 03/08 Rpt out - to 14th Ord 03/16 Rpt out amen - to 1st rdg as amen 03/17 1st rdg - to 2nd rdg as amen 03/20 2nd rdg - to 3rd rdg as amen 03/21 3rd rdg as amen - PASSED - 34-1-0 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- Burkett Absent and excused -- None Floor Sponsor - Corder Title apvd - to House 03/22 House concurred in Senate amens - to engros 03/23 Rpt engros - 1st rdg - to 2nd rdg as amen 03/24 2nd rdg - to 3rd rdg as amen 03/27 3rd rdg as amen - PASSED - 63-0-7 AYES -- Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Anderson, Clark, Henbest, Henderson, Smith(24), Smylie, Snodgrass Floor Sponsor - Roberts Title apvd - to enrol 03/28 Rpt enrol - Sp signed 03/29 Pres signed - To Governor 03/30 Governor signed Session Law Chapter 233 Effective: 01/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 676 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO PROPERTY TAXATION; REPEALING SECTION 63-602FF, IDAHO CODE, RELAT- 3 ING TO PARTIAL EXEMPTION FOR PARCELS OF LAND IN A RURAL HOME SITE DEVELOP- 4 MENT PLAT; AMENDING SECTION 63-604, IDAHO CODE, TO ALLOW LAND LESS THAN 5 FIVE ACRES TO BE CLASSIFIED AS LAND ACTIVELY DEVOTED TO AGRICULTURE IF 6 CERTAIN CIRCUMSTANCES OCCUR, TO PROVIDE THAT PLATTING LAND ACTIVELY 7 DEVOTED TO AGRICULTURE DOES NOT ALONE CAUSE THE LAND TO LOSE ITS ACTIVELY 8 DEVOTED TO AGRICULTURE STATUS AND TO PROVIDE AN ADDITIONAL DEFINITION; 9 AMENDING SECTION 63-602K, IDAHO CODE, TO REVISE A DEFINITION; DECLARING AN 10 EMERGENCY AND PROVIDING A RETROACTIVE EFFECTIVE DATE. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 63-602FF, Idaho Code, be, and the same is hereby 13 repealed. 14 SECTION 2. That Section 63-604, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 63-604. LAND ACTIVELY DEVOTED TO AGRICULTURE DEFINED. (1) For property 17 tax purposes, land which is actively devoted to agriculture shall be eligible 18 for appraisal, assessment and taxation as agricultural property each year it 19 meets one (1) or more of the following qualifications: 20 (a) The total area of such land, including the homesite, is more than 21 five (5) contiguous acres, and is actively devoted to agriculture which 22 means: 23 (i) It is used to produce field crops including, but not limited 24 to, grains, feed crops, fruits and vegetables; or 25 (ii) It is used to produce nursery stock as defined in section 26 22-2302(11), Idaho Code; or 27 (iii) It is used by the owner for the grazing of livestock to be sold 28 as part of a for-profit enterprise, or is leased by the owner to a 29 bona fide lessee for grazing purposes; or 30 (iv) It is in a cropland retirement or rotation program. 31 (b) The area of such land is five (5) contiguous acres or less and such 32 land has been actively devoted to agriculture within the meaning of sub- 33 section (1)(a) of this section during the last three (3) growing seasons; 34 and 35 (i) It agriculturally produces for sale or home consumption the 36 equivalent of fifteen percent (15%) or more of the owner's or 37 lessee's annual gross income; or 38 (ii) It agriculturally produced gross revenues in the immediately 39 preceding year of one thousand dollars ($1,000) or more. When the 40 area of land is five (5) contiguous acres or less, such land shall be 41 presumed to be nonagricultural land until it is established that the 42 requirements of this subsection have been met; 2 1 (iii) It agriculturally produces crops, nursery stock or grazing of 2 livestock as enumerated in subsection (1)(a) of this section and is 3 transferred to the child or spouse of the owner who filed the origi- 4 nal plat. 5 (2) Land shall not be classified or valued as agricultural land which is 6 part of a platted subdivision with stated restrictions prohibiting its use for 7 agricultural purposes, whether within or without a city. 8 (3) Land utilized for the grazing of a horse or other animals kept pri- 9 marily for personal use or pleasure rather than as part of a bona fide for- 10 profit enterprise shall not be considered to be land actively devoted to agri- 11 culture. 12 (4) Land actively devoted to agriculture, having previously qualified for 13 exemption under this section in the preceding year, or which would have quali- 14 fied under this section during the current year, shall not lose such qualifi- 15 cation due to the owner's or lessee's absence in the current year by reason of 16 active military service in a designated combat zone, as defined in section 112 17 of the Internal Revenue Code. If an owner fails to timely apply for exemption 18 as required in this section solely by reason of active duty in a designated 19 combat zone, as defined in section 112 of the Internal Revenue Code, and the 20 land would otherwise qualify for exemption under this section, then the board 21 of county commissioners of the county in which the land actively devoted to 22 agriculture is located shall refund property taxes, if previously paid, in an 23 amount equal to the exemption which would otherwise have applied. 24 (5) For purposes of this section, the act of platting land actively 25 devoted to agriculture does not, in and of itself, cause the land to lose its 26 status as land being actively devoted to agriculture if the land otherwise 27 qualifies for the exemption under this section. 28 (6) As used in this section: 29 (a) "Contiguous" means being in actual contact or touching along a bound- 30 ary or at a point, except no area of land shall be considered not contigu- 31 ous solely by reason of a roadway or other right-of-way; and. 32 (b) "For-profit" means the enterprise will, over some period of time, 33 make or attempt to make a return of income exceeding expenses. 34 (c) "Platting" means the filing of the drawing, map or plan of a subdivi- 35 sion or a replatting of such, including certification, descriptions and 36 approvals with the proper county or city official. 37 SECTION 3. That Section 63-602K, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 63-602K. PROPERTY EXEMPT FROM TAXATION -- SPECULATIVE PORTION OF VALUE OF 40 AGRICULTURAL LAND. (1) The speculative portion of the value of land actively 41 devoted to agriculture is exempt from taxation. 42 (2) "Land actively devoted to agriculture"shallmeans that property 43 defined by section 63-604, Idaho Code. For purposes of this section, the act 44 of platting land actively devoted to agriculture does not, in and of itself, 45 cause the land to lose its status as land being actively devoted to agricul- 46 ture if the land otherwise qualifies for the exemption under this section. 47 (3) "Speculative portion" shall mean that portion of the value of agri- 48 cultural land which represents the excess over the actual use value of such 49 land established by comparable sales data compared to value established by 50 capitalization of economic rent or long-term average crop rental at a capital- 51 ization rate which shall be the rate of interest charged by the Spokane office 52 of the farm credit system averaged over the immediate past five (5) years plus 53 a component for the local tax rate. 3 1 (4) The state tax commission shall adopt rules implementing this section 2 which shall provide the procedure by which it shall establish economic rent, 3 average crop rental and capitalization rates and for the publication of crop 4 prices and the discount rate to be used to determine the capitalization rate. 5 SECTION 4. An emergency existing therefor, which emergency is hereby 6 declared to exist, this act shall be in full force and effect on and after its 7 passage and approval, and retroactively to January 1, 2006.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Corder Seconded by Langhorst IN THE SENATE SENATE AMENDMENT TO H.B. NO. 676 1 AMENDMENTS TO SECTION 2 2 On page 1 of the printed bill, in line 42, delete ";" and insert: "."; on 3 page 2, delete lines 1 through 4; in line 24, following "(5)" insert: "If the 4 land qualified for exemption pursuant to section 63-602FF, Idaho Code, in 5 2005, then the land will qualify in 2006 for the exemption pursuant to section 6 63-602K, Idaho Code, upon the filing of a statement by the owner with the 7 board of county commissioners that the land will be actively devoted to agri- 8 culture pursuant to this section in 2006. 9 (6)"; 10 in line 28, delete "(6)" and insert: "(7)". 11 CORRECTION TO TITLE 12 On page 1, delete lines 4 through 6 and insert: "MENT PLAT; AMENDING SEC- 13 TION 63-604, IDAHO CODE, TO PROVIDE THAT IF LAND QUALIFIED FOR THE EXEMPTION 14 IN SECTION 63-602FF, IDAHO CODE, IN 2005, THE LAND WILL QUALIFY IN 2006 FOR 15 THE SPECULATIVE PORTION OF AGRICULTURAL LAND EXEMPTION UPON THE FILING OF A 16 STATEMENT BY THE OWNER WITH THE BOARD OF COUNTY COMMISSIONERS THAT THE LAND 17 WILL BE ACTIVELY DEVOTED TO AGRICULTURE IN 2006, TO PROVIDE THAT PLATTING LAND 18 ACTIVELY".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 676, As Amended in the Senate BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO PROPERTY TAXATION; REPEALING SECTION 63-602FF, IDAHO CODE, RELAT- 3 ING TO PARTIAL EXEMPTION FOR PARCELS OF LAND IN A RURAL HOME SITE DEVELOP- 4 MENT PLAT; AMENDING SECTION 63-604, IDAHO CODE, TO PROVIDE THAT IF LAND 5 QUALIFIED FOR THE EXEMPTION IN SECTION 63-602FF, IDAHO CODE, IN 2005, THE 6 LAND WILL QUALIFY IN 2006 FOR THE SPECULATIVE PORTION OF AGRICULTURAL LAND 7 EXEMPTION UPON THE FILING OF A STATEMENT BY THE OWNER WITH THE BOARD OF 8 COUNTY COMMISSIONERS THAT THE LAND WILL BE ACTIVELY DEVOTED TO AGRICULTURE 9 IN 2006, TO PROVIDE THAT PLATTING LAND ACTIVELY DEVOTED TO AGRICULTURE 10 DOES NOT ALONE CAUSE THE LAND TO LOSE ITS ACTIVELY DEVOTED TO AGRICULTURE 11 STATUS AND TO PROVIDE AN ADDITIONAL DEFINITION; AMENDING SECTION 63-602K, 12 IDAHO CODE, TO REVISE A DEFINITION; DECLARING AN EMERGENCY AND PROVIDING A 13 RETROACTIVE EFFECTIVE DATE. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 63-602FF, Idaho Code, be, and the same is hereby 16 repealed. 17 SECTION 2. That Section 63-604, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 63-604. LAND ACTIVELY DEVOTED TO AGRICULTURE DEFINED. (1) For property 20 tax purposes, land which is actively devoted to agriculture shall be eligible 21 for appraisal, assessment and taxation as agricultural property each year it 22 meets one (1) or more of the following qualifications: 23 (a) The total area of such land, including the homesite, is more than 24 five (5) contiguous acres, and is actively devoted to agriculture which 25 means: 26 (i) It is used to produce field crops including, but not limited 27 to, grains, feed crops, fruits and vegetables; or 28 (ii) It is used to produce nursery stock as defined in section 29 22-2302(11), Idaho Code; or 30 (iii) It is used by the owner for the grazing of livestock to be sold 31 as part of a for-profit enterprise, or is leased by the owner to a 32 bona fide lessee for grazing purposes; or 33 (iv) It is in a cropland retirement or rotation program. 34 (b) The area of such land is five (5) contiguous acres or less and such 35 land has been actively devoted to agriculture within the meaning of sub- 36 section (1)(a) of this section during the last three (3) growing seasons; 37 and 38 (i) It agriculturally produces for sale or home consumption the 39 equivalent of fifteen percent (15%) or more of the owner's or 40 lessee's annual gross income; or 41 (ii) It agriculturally produced gross revenues in the immediately 42 preceding year of one thousand dollars ($1,000) or more. When the 2 1 area of land is five (5) contiguous acres or less, such land shall be 2 presumed to be nonagricultural land until it is established that the 3 requirements of this subsection have been met. 4 (2) Land shall not be classified or valued as agricultural land which is 5 part of a platted subdivision with stated restrictions prohibiting its use for 6 agricultural purposes, whether within or without a city. 7 (3) Land utilized for the grazing of a horse or other animals kept pri- 8 marily for personal use or pleasure rather than as part of a bona fide for- 9 profit enterprise shall not be considered to be land actively devoted to agri- 10 culture. 11 (4) Land actively devoted to agriculture, having previously qualified for 12 exemption under this section in the preceding year, or which would have quali- 13 fied under this section during the current year, shall not lose such qualifi- 14 cation due to the owner's or lessee's absence in the current year by reason of 15 active military service in a designated combat zone, as defined in section 112 16 of the Internal Revenue Code. If an owner fails to timely apply for exemption 17 as required in this section solely by reason of active duty in a designated 18 combat zone, as defined in section 112 of the Internal Revenue Code, and the 19 land would otherwise qualify for exemption under this section, then the board 20 of county commissioners of the county in which the land actively devoted to 21 agriculture is located shall refund property taxes, if previously paid, in an 22 amount equal to the exemption which would otherwise have applied. 23 (5) If the land qualified for exemption pursuant to section 63-602FF, 24 Idaho Code, in 2005, then the land will qualify in 2006 for the exemption pur- 25 suant to section 63-602K, Idaho Code, upon the filing of a statement by the 26 owner with the board of county commissioners that the land will be actively 27 devoted to agriculture pursuant to this section in 2006. 28 (6) For purposes of this section, the act of platting land actively 29 devoted to agriculture does not, in and of itself, cause the land to lose its 30 status as land being actively devoted to agriculture if the land otherwise 31 qualifies for the exemption under this section. 32 (7) As used in this section: 33 (a) "Contiguous" means being in actual contact or touching along a bound- 34 ary or at a point, except no area of land shall be considered not contigu- 35 ous solely by reason of a roadway or other right-of-way; and. 36 (b) "For-profit" means the enterprise will, over some period of time, 37 make or attempt to make a return of income exceeding expenses. 38 (c) "Platting" means the filing of the drawing, map or plan of a subdivi- 39 sion or a replatting of such, including certification, descriptions and 40 approvals with the proper county or city official. 41 SECTION 3. That Section 63-602K, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 63-602K. PROPERTY EXEMPT FROM TAXATION -- SPECULATIVE PORTION OF VALUE OF 44 AGRICULTURAL LAND. (1) The speculative portion of the value of land actively 45 devoted to agriculture is exempt from taxation. 46 (2) "Land actively devoted to agriculture"shallmeans that property 47 defined by section 63-604, Idaho Code. For purposes of this section, the act 48 of platting land actively devoted to agriculture does not, in and of itself, 49 cause the land to lose its status as land being actively devoted to agricul- 50 ture if the land otherwise qualifies for the exemption under this section. 51 (3) "Speculative portion" shall mean that portion of the value of agri- 52 cultural land which represents the excess over the actual use value of such 53 land established by comparable sales data compared to value established by 3 1 capitalization of economic rent or long-term average crop rental at a capital- 2 ization rate which shall be the rate of interest charged by the Spokane office 3 of the farm credit system averaged over the immediate past five (5) years plus 4 a component for the local tax rate. 5 (4) The state tax commission shall adopt rules implementing this section 6 which shall provide the procedure by which it shall establish economic rent, 7 average crop rental and capitalization rates and for the publication of crop 8 prices and the discount rate to be used to determine the capitalization rate. 9 SECTION 4. An emergency existing therefor, which emergency is hereby 10 declared to exist, this act shall be in full force and effect on and after its 11 passage and approval, and retroactively to January 1, 2006.
STATEMENT OF PURPOSE RS 16030C1 This legislation repeals the partial exemption for parcels of land in a rural home site development plat (Idaho code 63-602FF). It also provides that platting land actively devoted to agriculture or transferring a parcel to a child or spouse does not alone cause the land to lose its agriculture exemption. FISCAL NOTE There is no fiscal impact to the General Fund. Contact Name: Rep. Lake Phone: 332-1000 Rep. Raybould Rep. Roberts STATEMENT OF PURPOSE/FISCAL NOTE H 676