2002 Legislation
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HOUSE BILL NO. 679 – Personal proprty tax exmptn/nursery

HOUSE BILL NO. 679

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



H0679...............................................by REVENUE AND TAXATION
PERSONAL PROPERTY TAX - Amends existing law to provide that machinery and
equipment used in the production of or caring for nursery stock is exempt
from personal property taxation.
                                                                        
02/26    House intro - 1st rdg - to printing
02/27    Rpt prt - to Rev/Tax
03/06    Rpt out - rec d/p - to 2nd rdg
    Rls susp - PASSED - 65-1-4
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Black, Block, Boe,
      Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Gagner,
      Gould, Hadley, Harwood, Henbest, Higgins, Hornbeck, Jaquet,
      Kellogg(Duncan), Kendell, Kunz, Langford, Loertscher, Mader,
      Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce,
      Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson,
      Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- Bieter
      Absent and excused -- Field(20), Hammond, Jones, Lake
    Floor Sponsor - Deal
    Title apvd - to Senate
03/07    Senate intro - 1st rdg - to Loc Gov
03/11    Rpt out - rec d/p - to 2nd rdg
03/12    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch Brandt, Bunderson, Burtenshaw,
      Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde,
      Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge,
      Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
      Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Keough
    Title apvd - to House
03/15    To enrol
    Rpt enrol - Sp signed - Pres signed
03/18    To Governor
03/20    Governor signed
         Session Law Chapter 150
         Effective: 01/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 679
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PROPERTY TAXATION; AMENDING SECTION 63-602EE, IDAHO CODE, TO  PRO-
  3        VIDE  THAT MACHINERY AND EQUIPMENT USED IN THE PRODUCTION OF OR CARING FOR
  4        NURSERY STOCK IS EXEMPT FROM TAXATION; DECLARING AN EMERGENCY AND  PROVID-
  5        ING RETROACTIVE APPLICATION.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That Section 63-602EE, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        63-602EE.  PROPERTY EXEMPT FROM  TAXATION  --  CERTAIN  TANGIBLE  PERSONAL
 10    PROPERTY.  The  following  property  is exempt from taxation: class 2 property
 11    that is agricultural machinery and equipment and exclusively used in  agricul-
 12    ture during the immediately preceding tax year. For purposes of this section:
 13        (1)  "Agricultural  machinery  and equipment" shall mean any machinery and
 14    equipment that is used in:
 15        (a)  Production of field crops including, but not limited to, grains, feed
 16        crops,  fruits  and  vegetables or the production of or caring for nursery
 17        stock as defined in section 22-2302, Idaho Code; or
 18        (b)  The grazing, feeding or raising of  livestock,  fur-bearing  animals,
 19        fish,  fowl  and  bees  to  be sold or used as part of a net profit-making
 20        agricultural enterprise or dairy.
 21        (2)  Buildings shall not be considered to be  agricultural  machinery  and
 22    equipment.
                                                                        
 23        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 24    declared to exist, this act shall be in full force and effect on and after its
 25    passage and approval, and retroactively to January 1, 2002.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE

                            RS 11743

The purpose of this RS is to add specific language that property
exempt from taxation  includes agriculture machinery and equipment
used in the production of or caring for nursery stock. It was thought
this equipment was included in the exemption for agricultural
machinery and equipment passed in the 2001 legislative session.



                          FISCAL IMPACT


An estimate from the Idaho Tax Commission notes that $3,000,000 in
value of personal property was assessed to nursery stock growers in
2001. The resulting tax impact in 2001 would have been a shift in
property taxes of $31,000 on the $3,000,000 value and a loss of
property tax revenue to school districts in the amount of $12,000 on
the $3,000,000 value. These are the statewide total estimated
impacts.

Note: The tax exemption for the agricultural equipment and machinery
used in the production of nursery stock was included in the total
fiscal impact for all agricultural equipment and machinery.



Contact
Name:  Rep. Bill Deal
Phone:  208/332-1000
     

STATEMENT OF PURPOSE/FISCAL NOTE                  H 679