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H0055...............................................................by DEAL PROPERTY TAX - AGRICULTURAL LAND - Amends existing law to further define "land actively devoted to agriculture" to include land producing nursery stock. 01/08 House intro - 1st rdg - to printing Rpt prt - to Rev/Tax 01/18 Rpt out - rec d/p - to 2nd rdg 01/19 2nd rdg - to 3rd rdg 01/22 3rd rdg - PASSED - 61-1-8 AYES -- Barraclough, Barrett, Bedke, Bieter, Black, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Chase, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Gould, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague, Montgomery, Mortensen, Moss, Moyle, Pearce, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker NAYS -- Stevenson Absent and excused -- Bell, Clark, Field(13), Field(20), Gagner, Hadley, Meyer, Pischner Floor Sponsor - Deal Title apvd - to Senate 01/23 Senate intro - 1st rdg - to Loc Gov 01/30 Rpt out - rec d/p - to 2nd rdg 01/31 2nd rdg - to 3rd rdg 02/06 3rd rdg - PASSED - 31-0-3(1 vacant) AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lodge, Richardson, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams, NAYS -- None Absent and excused -- Lee, Noh, Risch Vacant -- Dist. #4 Floor Sponsor -- Keough Title apvd - to House 02/07 To enrol 02/08 Rpt enrol - Sp signed 02/09 Pres signed 02/12 To Governor 02/16 Governor signed Session Law Chapter 12 Effective: 01/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 55 BY DEAL 1 AN ACT 2 RELATING TO LAND ACTIVELY DEVOTED TO AGRICULTURE FOR TAXATION PURPOSES; AMEND- 3 ING SECTION 63-604, IDAHO CODE, TO FURTHER DEFINE "LAND ACTIVELY DEVOTED 4 TO AGRICULTURE" TO INCLUDE LAND PRODUCING NURSERY STOCK AND TO MAKE TECH- 5 NICAL CORRECTIONS; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLI- 6 CATION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 63-604, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 63-604. LAND ACTIVELY DEVOTED TO AGRICULTURE DEFINED. (1) For property 11 tax purposes, land which is actively devoted to agriculture as part of an 12 agricultural enterprise shall be eligible for appraisal, assessment and taxa- 13 tion as agricultural property each year it meets one (1) or more of the fol- 14 lowing qualifications: 15 (a) The total area of such land, including the homesite, is more than 16 five (5) contiguous acres, and is actively devoted to agriculture which 17 means: 18 (i) It is used to produce field crops including, but not limited 19 to, grains, feed crops, fruits and vegetables; or 20 (ii) It is used to produce nursery stock as defined in section 21 22-2302(11), Idaho Code; or 22 (iii) It is used by the owner for the grazing of livestock to be sold 23 as part of a net profit-making enterprise, or is leased by the owner 24 to a bona fide lessee for grazing purposes; or 25 (iiiv) It is in a cropland retirement or rotation program. 26 (b) The area of such land is five (5) acres or less and such land has 27 been actively devoted to agriculture within the meaning of subsection 28 (1)(a) of this section during the last three (3) growing seasons; and 29 (i) It agriculturally produces for sale or home consumption the 30 equivalent of fifteen percent (15%) or more of the owners' or les- 31 sees' annual gross income; or 32 (ii) It agriculturally produced gross revenues in the immediately 33 preceding year of one thousand dollars ($1,000) or more. When the 34 area of land is five (5) acres or less, such land shall be presumed 35 to be nonagricultural land until it is established that the require- 36 ments of this subsection have been met. 37 (2) Land shall not be classified or valued as agricultural land which is 38 part of a platted subdivision with stated restrictions prohibiting its use for 39 agricultural purposes, whether within or without a city. 40 (3) Land utilized for the grazing of a horse or other animals kept pri- 41 marily for personal use or pleasure rather than as part of a bona fide profit- 42 making agricultural enterprise shall not be considered to be land which is 43 actively devoted to agriculture. 2 1 (4) Land actively devoted to agriculture, having previously qualified for 2 exemption under this section in the preceding year, or which would have quali- 3 fied under this section during the current year, shall not lose such qualifi- 4 cation due to the owner's or lessee's absence in the current year by reason of 5 active military service in a designated combat zone, as defined in section 112 6 of theiInternalrRevenuecCode. If an owner fails to timely apply for exemp- 7 tion as required in this section solely by reason of active duty in a desig- 8 nated combat zone, as defined in section 112 of theiInternalrRevenuecCode, 9 and the land would otherwise qualify for exemption under this section, then 10 the board of county commissioners of the county in which the land actively 11 devoted to agriculture is located shall refund property taxes, if previously 12 paid, in an amount equal to the exemption which would otherwise have applied. 13 SECTION 2. An emergency existing therefor, which emergency is hereby 14 declared to exist, this act shall be in full force and effect on and after its 15 passage and approval, and retroactively to January 1, 2001.
STATEMENT OF PURPOSE RS 10578 The purpose of this proposed legislation is to update and clarify the definition for "land actively devoted to agriculture" for property tax purposes to include land producing nursery stock. Modern technology and new agricultural practices create a definite need to update the existing law as it pertains to defining agricultural use and having land classified as actively devoted to agriculture. FISCAL NOTE None. CONTACT: Name: Representative Bill Deal Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 55