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H0502...............................................by REVENUE AND TAXATION PROPERTY TAX - AGRICULTURAL LAND - Amends the definition of "land actively devoted to agriculture" for property tax purposes so that the land is growing crops rather than field crops. 02/04 House intro - 1st rdg - to printing 02/07 Rpt prt - to Rev/Tax
H0502|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 502 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO LAND ACTIVELY DEVOTED TO AGRICULTURE; AMENDING SECTION 63-604, 3 IDAHO CODE, TO REVISE THE DEFINITION OF LAND ACTIVELY DEVOTED TO AGRICUL- 4 TURE; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 63-604, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 63-604. LAND ACTIVELY DEVOTED TO AGRICULTURE DEFINED. (1) For property 9 tax purposes, land which is actively devoted to agriculture shall be eligible 10 for appraisal, assessment and taxation as agricultural property each year it 11 meets one (1) or more of the following qualifications: 12 (a) The total area of such land, including the homesite, is more than 13 five (5) contiguous acres, and is actively devoted to agriculture which 14 means: 15 (i) It is used to producefieldcrops including, but not limited 16 to, grains, feed crops, fruits and vegetables; or 17 (ii) It is used by the owner for the grazing of livestock to be sold 18 as part of a net profit-making enterprise, or is leased by the owner 19 to a bona fide lessee for grazing purposes; or 20 (iii) It is in a cropland retirement or rotation program. 21 (b) The area of such land is five (5) acres or less and such land has 22 been actively devoted to agriculture within the meaning of subsection 23 (1)(a) of this section during the last three (3) growing seasons; and 24 (i) It agriculturally produces for sale or home consumption the 25 equivalent of fifteen percent (15%) or more of the owners' or les- 26 sees' annual gross income; or 27 (ii) It agriculturally produced gross revenues in the immediately 28 preceding year of one thousand dollars ($1,000) or more. When the 29 area of land is five (5) acres or less, such land shall be presumed 30 to be nonagricultural land until it is established that the require- 31 ments of this subsection have been met. 32 (2) Land shall not be classified or valued as agricultural land which is 33 part of a platted subdivision with stated restrictions prohibiting its use for 34 agricultural purposes, whether within or without a city. 35 (3) Land utilized for the grazing of a horse or other animals kept pri- 36 marily for personal use or pleasure rather than as part of a bona fide profit- 37 making agricultural enterprise shall not be considered to be land which is 38 actively devoted to agriculture. 39 (4) Land actively devoted to agriculture, having previously qualified for 40 exemption under this section in the preceding year, or which would have quali- 41 fied under this section during the current year, shall not lose such qualifi- 42 cation due to the owner's or lessee's absence in the current year by reason of 43 active military service in a designated combat zone, as defined in section 112 2 1 of the internal revenue code. If an owner fails to timely apply for exemption 2 as required in this section solely by reason of active duty in a designated 3 combat zone, as defined in section 112 of the internal revenue code, and the 4 land would otherwise qualify for exemption under this section, then the board 5 of county commissioners of the county in which the land actively devoted to 6 agriculture is located shall refund property taxes, if previously paid, in an 7 amount equal to the exemption which would otherwise have applied. 8 SECTION 2. An emergency existing therefor, which emergency is hereby 9 declared to exist, this act shall be in full force and effect on and after 10 January 1, 2000.
STATEMENT OF PURPOSE RS 09704 The purpose of this legislation is to update and clarify the definition to qualify for the agricultural exemption for property tax purposes by amending I.C. Section 63-604. Modern technology and new agricultural practices create a definite need to update the existing law as it pertains to defining agricultural use and the agricultural exemption. FISCAL IMPACT None Contact Name: Representative Bill Deal Phone: 203-332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 502