2006 Legislation
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HOUSE BILL NO. 676 – Property tax, agric land, platting

HOUSE BILL NO. 676

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN 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"  shall  means  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.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved 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".

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


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN 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"  shall means 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 / Fiscal Impact



                      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