2000 Legislation
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HOUSE BILL NO. 606 – Land, wildlife protect, tax, agric

HOUSE BILL NO. 606

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Daily Data Tracking History



H0606...............................................by REVENUE AND TAXATION
LAND - WILDLIFE PROTECTION - Amends existing law to expand the definition
of land used to protect wildlife and wildlife habitat and which is
appraised, assessed and taxed as agricultural property, dry grazing land or
waste, as provided by rule; and to define the term "conservation
agreement."
                                                                        
02/18    House intro - 1st rdg - to printing
02/21    Rpt prt - to Rev/Tax
03/03    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/13    3rd rdg - PASSED - 60-8-2
      AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel,
      Campbell, Chase, Clark, Crow, Cuddy, Deal, Ellsworth, Field(13),
      Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23),
      Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
      Kendell, Kunz, Lake, Linford, Mader, Meyer, Montgomery, Moss, Moyle,
      Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
      Stone, Taylor, Tilman, Trail, Wheeler, Zimmermann, Mr Speaker
      NAYS -- Barrett, Callister, Cheirrett, Denney, Loertscher, McKague,
      Pearce, Wood
      Absent and excused -- Marley, Mortensen
    Floor Sponsors - Linford, Gould
    Title apvd - to Senate
03/14    Senate intro - 1st rdg - to Res/Env
03/21    Rpt out - rec d/p - to 2nd rdg
03/22    2nd rdg - to 3rd rdg
04/03    3rd rdg - PASSED - 27-7-1
      AYES--Andreason, Boatright, Bunderson, Cameron, Crow, Danielson,
      Darrington, Davis, Dunklin, Frasure, Ingram, Ipsen, Keough,
      King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Risch,
      Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
      NAYS--Burtenshaw, Deide, Geddes, Hawkins, Riggs, Walton, Williams
      Absent and excused--Sandy
    Floor Sponsor - Stennett
    Title apvd - to House
04/04    To enrol - rpt enrol - Sp signed
04/05    Pres signed - to Governor
04/12    Governor signed
         Session Law Chapter 215
         Effective: 01/01/01

Bill Text


 H0606
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 606
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LAND USED TO PROTECT WILDLIFE AND WILDLIFE HABITAT; AMENDING  SEC-
  3        TION  63-605, IDAHO CODE, TO EXPAND THE DEFINITION OF LAND USED TO PROTECT
  4        WILDLIFE AND WILDLIFE HABITAT TO BE APPRAISED, ASSESSED AND TAXED AS AGRI-
  5        CULTURAL PROPERTY, DRY GRAZING LAND OR WASTE, TO DEFINE A TERM AND TO MAKE
  6        A TECHNICAL CORRECTION; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 63-605, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:
                                                                        
 10        63-605.  LAND USED TO PROTECT WILDLIFE AND WILDLIFE HABITAT. Land which is
 11    either:
 12        (1)  Oowned and used for wildlife habitat by a private, nonprofit corpora-
 13    tion which corporation has  a  recognized  tax  exempt  status  under  section
 14    501(Cc)(3)  of  the internal revenue code, and which corporation qualifies for
 15    exemption status under section 63-602C, Idaho Code, and which  corporation  is
 16    dedicated to the conservation of wildlife or wildlife habitat; or
 17        (2)  Being  managed  pursuant to a conservation easement or a conservation
 18    agreement, as defined in this section and which easement or agreement has been
 19    entered into with a private, nonprofit corporation which has a tax exempt sta-
 20    tus under section 501(c)(3) of the internal revenue  code,  which  corporation
 21    qualifies  for  exemption  status under section 63-602C, Idaho Code, and which
 22    land formerly qualified as land actively devoted to  agriculture  pursuant  to
 23    section  63-604, Idaho Code, dry grazing land or waste pursuant to rule, shall
 24    be eligible for appraisal, assessment and taxation as  agricultural  property,
 25    dry  grazing  land  or  waste  pursuant  to  rule.  As  used  in this section,
 26    "conservation agreement" means a written document between a private, nonprofit
 27    corporation enumerated in subsection (1) of this  section  and  the  landowner
 28    which defines wildlife, flora or fauna or freshwater biota to be protected and
 29    outlines a minimum of a ten (10) year plan to protect target species. The con-
 30    servation  agreement or a copy of the document creating the conservation ease-
 31    ment shall be filed with the county assessor by April 15 of the year for which
 32    the tax status is claimed.
                                                                        
 33        SECTION 2.  This act shall be in full force and effect on and after  Janu-
 34    ary 1, 2001.

Statement of Purpose / Fiscal Impact




                 STATEMENT OF PURPOSE
                      RS 09431C1
     
          This measure would provide agricultural landowners the ability to create
     and/or protect wildlife habitat by entering a conservation agreement or easement
     with a 501(C)3 nonprofit conservation organization. 
          This action would provide a property tax incentive to the private
     landowner to not develop agricultural property and protect wildlife by continuing
     to classify and assess the property as agricultural. 
          This agricultural exemption is currently available to 501(C) 3 nonprofit
     conservation organizations who own property. This bill would enable the
     landowner to retain ownership of his land while providing the public benefit of
     wildlife habitat through agreements or easements with organizations such as
     Ducks Unlimited, Pheasants Forever, and the Rocky Mountain Elk Foundation,
     among others. 
     
     
                           
                    FISCAL IMPACT 
     
          There would be no net loss or gain to the counties as agricultural lands
     would continue to be taxed at the agricultural rate. 
     
     Contact 
               Name:      Rep. Celia Gould - 332-1127 
           Rep. Golden Linford - 332-1136
           Sen. Clint Stennett - 332-1351 
     
                                                  STATEMENT OF PURPOSE/FISCAL NOTE                                H 606