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H0488aaS............................................by REVENUE AND TAXATION PROPERTY TAX - AGRICULTURAL LAND - Adds to and amends existing law to provide legislative intent; and to provide a partial property tax exemption for parcels of land in a rural home site development plat upon certain conditions occurring. 01/25 House intro - 1st rdg - to printing 01/28 Rpt prt - to Rev/Tax 01/31 Rpt out - rec d/p - to 2nd rdg 02/01 2nd rdg - to 3rd rdg 02/05 3rd rdg - PASSED - 51-13-6 AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Black, Block, Bradford, Bruneel, Callister, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Field(13), Field(20), Gould, Hadley, Hammond, Higgins, Hornbeck, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, McKague, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Sellman, Shepherd, Smith(23), Smylie, Stevenson, Tilman, Wheeler, Mr. Speaker NAYS -- Bieter, Boe, Bolz, Campbell, Eskridge, Harwood, Henbest, Martinez, Montgomery, Schaefer, Smith(33), Trail, Young Absent and excused -- Gagner, Jaquet, Jones, Meyer, Stone, Wood Floor Sponsor - Raybould Title apvd - to Senate 02/07 Senate intro - 1st rdg - to Loc Gov 02/21 Rpt out - to 14th Ord 02/26 Rpt out amen - to 1st rdg as amen 02/27 1st rdg - to 2nd rdg as amen 02/28 2nd rdg - to 3rd rdg as amen 03/11 3rd rdg as amen - PASSED - 27-8-0 AYES -- Boatright, Branch(Bartlett), Brandt, Burtenshaw, Cameron, Darrington, Davis, Deide, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Lodge, Marley, Richardson, Risch, Sandy, Sims, Sorensen, Stegner, Thorne, Williams NAYS -- Andreason, Bunderson, Dunklin, Little, Noh, Schroeder, Stennett, Wheeler Absent and excused -- None Floor Sponsor - Frasure Title apvd - to House 03/12 House concurred in Senate amens - to engros 03/13 Rpt engros - 1st rdg - to 2nd rdg as amen Rls susp - PASSED - 60-9-1 AYES -- Aikele, Barraclough, Barrett, Bedke, Black, Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Higgins, Hornbeck, Jones, Kellogg, Kendell, Kunz, Lake, Loertscher, Mader, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Sali, Schaefer, Sellman, Shepherd, Smith(23), Smylie, Stone, Tilman, Trail, Wheeler, Wood, Mr. Speaker NAYS -- Bell, Bieter, Henbest, Jaquet, Langford, Martinez, Robison, Smith(33), Stevenson Absent and excused -- Young Floor Sponsor - Raybould Title apvd - to enrol 03/14 Rpt enrol - Sp signed - Pres signed 03/14 To Governor 03/27 Governor signed Session Law Chapter 341 Effective: 01/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 488 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO ASSESSMENT OF REAL AND PERSONAL PROPERTY; STATING LEGISLATIVE 3 INTENT, FINDINGS AND PURPOSE; AMENDING CHAPTER 3, TITLE 63, IDAHO CODE, BY 4 THE ADDITION OF A NEW SECTION 63-318, IDAHO CODE, TO PROVIDE FOR ASSESS- 5 MENT OF RURAL HOME SITE DEVELOPMENTS AS AGRICULTURAL LAND AND TO PROVIDE 6 DEFINITIONS; AMENDING SECTION 63-604, IDAHO CODE, TO PROVIDE AN EXCEPTION 7 TO THE PROHIBITION ON CLASSIFYING OR VALUING LAND AS AGRICULTURAL WHEN IT 8 IS PART OF A RURAL HOME SITE PLATTED SUBDIVISION; DECLARING AN EMERGENCY 9 AND PROVIDING RETROACTIVE APPLICATION. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. LEGISLATIVE INTENT, FINDINGS AND PURPOSE. (1) It is the intent 12 of the Legislature to foster economic development in Idaho's smaller, rural 13 counties. The Legislature finds that economic development and the opportunity 14 for citizen economic opportunity that accompanies economic development is not 15 occurring at a rate desired by residents of many rural, sparsely populated 16 counties. The Legislature further finds that the capital necessary for eco- 17 nomic development of real estate in smaller, rural counties is not available 18 because the higher assessments imposed as a result of filing a development 19 plat eliminate any potential for a return on that investment due to the uncer- 20 tainty of the real estate market and the time required to market such platted 21 developments in most small, rural counties. 22 (2) The purpose of Section 63-318, Idaho Code, is to create an economic 23 development property tax climate in rural Idaho that will attract investment 24 in real estate and real estate development and the economic opportunities and 25 jobs that accompany that investment. 26 (3) It is the intent of the Legislature to provide for continued assess- 27 ment of agricultural properties as land actively devoted to agriculture in 28 small, rural counties, until that property has been subdivided, developed and 29 transferred to an owner whose intended use of that property is as a residen- 30 tial or recreational home site, and that so doing will ultimately result in an 31 increase in the taxable value of the county and economic prosperity for county 32 residents that would not otherwise have occurred. 33 SECTION 2. That Chapter 3, Title 63, Idaho Code, be, and the same is 34 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 35 ignated as Section 63-318, Idaho Code, and to read as follows: 36 63-318. ASSESSMENT OF RURAL HOME SITE DEVELOPMENTS. (1) Agricultural land 37 included in a rural home site development plat shall continue to be classified 38 and assessed for property tax purposes as agricultural land until such time as 39 each individual parcel created by the rural home site plat is lawfully trans- 40 ferred to an intended owner occupant. Upon transfer of ownership of a rural 41 home site to an intended owner occupant, that parcel shall be classified and 42 assessed for property tax purposes at market value as provided in section 2 1 63-208, Idaho Code. 2 (2) For purposes of this section, the following definitions shall apply: 3 (a) "Intended owner occupant" means a person who, in exchange for consid- 4 eration, has acquired lawful title to a rural home site for private, per- 5 sonal, residential or recreational purposes. 6 (b) "Plat" means the drawing, map or plan of a subdivision or a replat- 7 ting of such, including certifications, descriptions and approvals. 8 (c) "Rural home site" means a parcel of real property contained within a 9 rural home site development plat. 10 (d) "Rural home site development plat" means a subdivision plat for the 11 residential development of property outside the boundaries of an incorpo- 12 rated municipality within a county of less than one hundred thousand 13 (100,000) population, filed or on file with the county clerk or county 14 recorder. 15 SECTION 3. That Section 63-604, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 63-604. LAND ACTIVELY DEVOTED TO AGRICULTURE DEFINED. (1) For property 18 tax purposes, land which is actively devoted to agriculture as part of an 19 agricultural enterprise shall be eligible for appraisal, assessment and taxa- 20 tion as agricultural property each year it meets one (1) or more of the fol- 21 lowing qualifications: 22 (a) The total area of such land, including the homesite, is more than 23 five (5) contiguous acres, and is actively devoted to agriculture which 24 means: 25 (i) It is used to produce field crops including, but not limited 26 to, grains, feed crops, fruits and vegetables; or 27 (ii) It is used to produce nursery stock as defined in section 28 22-2302(11), Idaho Code; or 29 (iii) It is used by the owner for the grazing of livestock to be sold 30 as part of a net profit-making enterprise, or is leased by the owner 31 to a bona fide lessee for grazing purposes; or 32 (iv) It is in a cropland retirement or rotation program. 33 (b) The area of such land is five (5) acres or less and such land has 34 been actively devoted to agriculture within the meaning of subsection 35 (1)(a) of this section during the last three (3) growing seasons; and 36 (i) It agriculturally produces for sale or home consumption the 37 equivalent of fifteen percent (15%) or more of the owners' or les- 38 sees' annual gross income; or 39 (ii) It agriculturally produced gross revenues in the immediately 40 preceding year of one thousand dollars ($1,000) or more. When the 41 area of land is five (5) acres or less, such land shall be presumed 42 to be nonagricultural land until it is established that the require- 43 ments of this subsection have been met. 44 (2) Except as provided in section 63-318, Idaho Code, lLand shall not be 45 classified or valued as agricultural land which is part of a platted subdivi- 46 sion with stated restrictions prohibiting its use for agricultural purposes, 47 whether within or without a city. 48 (3) Land utilized for the grazing of a horse or other animals kept pri- 49 marily for personal use or pleasure rather than as part of a bona fide profit- 50 making agricultural enterprise shall not be considered to be land which is 51 actively devoted to agriculture. 52 (4) Land actively devoted to agriculture, having previously qualified for 53 exemption under this section in the preceding year, or which would have quali- 3 1 fied under this section during the current year, shall not lose such qualifi- 2 cation due to the owner's or lessee's absence in the current year by reason of 3 active military service in a designated combat zone, as defined in section 112 4 of the Internal Revenue Code. If an owner fails to timely apply for exemption 5 as required in this section solely by reason of active duty in a designated 6 combat zone, as defined in section 112 of the Internal Revenue Code, and the 7 land would otherwise qualify for exemption under this section, then the board 8 of county commissioners of the county in which the land actively devoted to 9 agriculture is located shall refund property taxes, if previously paid, in an 10 amount equal to the exemption which would otherwise have applied. 11 SECTION 4. An emergency existing therefor, which emergency is hereby 12 declared to exist, this act shall be in full force and effect on and after its 13 passage and approval, and retroactively to January 1, 2002.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002Moved by Frasure Seconded by Hawkins IN THE SENATE SENATE AMENDMENTS TO H.B. NO. 488 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, in line 22, delete "63-318" and insert: 3 "63-602FF". 4 AMENDMENT TO SECTION 2 5 On page 1, in line 33, delete "Chapter 3" and insert: "Chapter 6"; in line 6 35, delete "63-318" and insert: "63-602FF"; delete lines 36 through 42, and on 7 page 2, delete lines 1 through 14, and insert: 8 "63-602FF. PARTIAL EXEMPTION FOR PARCELS OF LAND IN A RURAL HOME SITE 9 DEVELOPMENT PLAT. (1) Each parcel of land in a rural home site development 10 plat previously eligible for the exemption pursuant to section 63-602K, Idaho 11 Code, shall continue to be eligible for the exemption until such time as 12 improvements are being built upon the parcel. Once construction of the 13 improvements has begun, no acreage in the parcel shall be eligible for the 14 exemption pursuant to section 63-602K, Idaho Code, unless the requirements of 15 the exemption have been met. 16 (2) For purposes of this section, the following definitions shall apply: 17 (a) "Plat" means the drawing, map or plan of a subdivision or a replat- 18 ting of such, including certifications, descriptions and approvals. 19 (b) "Rural home site development plat" means a subdivision plat for the 20 development of property outside the boundaries of an incorporated munici- 21 pality within a county of less than one hundred thousand (100,000) popula- 22 tion, recorded with the county recorder.". 23 AMENDMENT TO THE BILL 24 On page 2, delete lines 15 through 53, and on page 3, delete lines 1 25 through 10; and in line 11, delete "4" and insert: "3". 26 CORRECTIONS TO TITLE 27 On page 1, delete lines 3 through 9, and insert: "INTENT, FINDINGS AND 28 PURPOSE; AMENDING CHAPTER 6, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW 29 SECTION 63-602FF, IDAHO CODE, TO PROVIDE FOR A PARTIAL PROPERTY TAX EXEMPTION 30 FOR PARCELS OF LAND IN A RURAL HOME SITE DEVELOPMENT PLAT UPON CERTAIN CONDI- 31 TIONS OCCURRING AND TO DEFINE TERMS; DECLARING AN EMERGENCY AND PROVIDING RET- 32 ROACTIVE APPLICATION.".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 488, As Amended in the Senate BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO ASSESSMENT OF REAL AND PERSONAL PROPERTY; STATING LEGISLATIVE 3 INTENT, FINDINGS AND PURPOSE; AMENDING CHAPTER 6, TITLE 63, IDAHO CODE, BY 4 THE ADDITION OF A NEW SECTION 63-602FF, IDAHO CODE, TO PROVIDE FOR A PAR- 5 TIAL PROPERTY TAX EXEMPTION FOR PARCELS OF LAND IN A RURAL HOME SITE 6 DEVELOPMENT PLAT UPON CERTAIN CONDITIONS OCCURRING AND TO DEFINE TERMS; 7 DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. LEGISLATIVE INTENT, FINDINGS AND PURPOSE. (1) It is the intent 10 of the Legislature to foster economic development in Idaho's smaller, rural 11 counties. The Legislature finds that economic development and the opportunity 12 for citizen economic opportunity that accompanies economic development is not 13 occurring at a rate desired by residents of many rural, sparsely populated 14 counties. The Legislature further finds that the capital necessary for eco- 15 nomic development of real estate in smaller, rural counties is not available 16 because the higher assessments imposed as a result of filing a development 17 plat eliminate any potential for a return on that investment due to the uncer- 18 tainty of the real estate market and the time required to market such platted 19 developments in most small, rural counties. 20 (2) The purpose of Section 63-602FF, Idaho Code, is to create an economic 21 development property tax climate in rural Idaho that will attract investment 22 in real estate and real estate development and the economic opportunities and 23 jobs that accompany that investment. 24 (3) It is the intent of the Legislature to provide for continued assess- 25 ment of agricultural properties as land actively devoted to agriculture in 26 small, rural counties, until that property has been subdivided, developed and 27 transferred to an owner whose intended use of that property is as a residen- 28 tial or recreational home site, and that so doing will ultimately result in an 29 increase in the taxable value of the county and economic prosperity for county 30 residents that would not otherwise have occurred. 31 SECTION 2. That Chapter 6, Title 63, Idaho Code, be, and the same is 32 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 33 ignated as Section 63-602FF, Idaho Code, and to read as follows: 34 63-602FF. PARTIAL EXEMPTION FOR PARCELS OF LAND IN A RURAL HOME SITE 35 DEVELOPMENT PLAT. (1) Each parcel of land in a rural home site development 36 plat previously eligible for the exemption pursuant to section 63-602K, Idaho 37 Code, shall continue to be eligible for the exemption until such time as 38 improvements are being built upon the parcel. Once construction of the 39 improvements has begun, no acreage in the parcel shall be eligible for the 40 exemption pursuant to section 63-602K, Idaho Code, unless the requirements of 41 the exemption have been met. 42 (2) For purposes of this section, the following definitions shall apply: 2 1 (a) "Plat" means the drawing, map or plan of a subdivision or a replat- 2 ting of such, including certifications, descriptions and approvals. 3 (b) "Rural home site development plat" means a subdivision plat for the 4 development of property outside the boundaries of an incorporated munici- 5 pality within a county of less than one hundred thousand (100,000) popula- 6 tion, recorded with the county recorder. 7 SECTION 3. An emergency existing therefor, which emergency is hereby 8 declared to exist, this act shall be in full force and effect on and after its 9 passage and approval, and retroactively to January 1, 2002.
REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS 11741 The purpose of this bill is to outline the method of assessing small rural housing developments, in counties below 100,000 population, for taxing purposes. The present system allows the county assessor to assess platted parcels as residential property before such property is actually sold for building purposes. In many cases this limits the development process to large developers with finances adequate to fund the higher property taxes during the development and sales period. In many instances this precludes the original owner of agricultural land, with limited resources, from participating in the development process. If this legislation is approved, assessment of platted lots in a rural subdivision will be classed as agricultural until each lot is sold to the first purchaser. FISCAL IMPACT There is no fiscal impact to the State General Fund. Counties will be impacted to the extent that the increase of the assessed value of an unsold lot in the subdivision, above the value of agricultural land, will be deferred until the lot is marketed to the first purchaser. However, in no event, will the adopted budget of any local taxing district be negatively affected. Contact Name: Rep. Dell Raybould Phone: 332-1000 Russell Westerberg Phone: 336-0305 STATEMENT OF PURPOSE/FISCAL NOTE Bill No 488