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H0717aa.............................................by REVENUE AND TAXATION
PROPERTY TAX - EXEMPTIONS - Amends existing law relating to a property tax
exemption to further define "agricultural machinery and equipment" to
include any machinery and equipment that is used in the extracting of an
agricultural product for resale.
03/04 House intro - 1st rdg - to printing
03/05 Rpt prt - to Rev/Tax
03/08 Rpt out - to Gen Ord
03/11 Rpt out amen - to engros
03/12 Rpt engros - 1st rdg - to 2nd rdg as amen
Ret'd to Rev/Tax
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 717
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO PROPERTY EXEMPT FROM TAXATION; AMENDING SECTION 63-602EE, IDAHO
3 CODE, TO FURTHER DEFINE THE TERM "AGRICULTURAL MACHINERY AND EQUIPMENT";
4 DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 63-602EE, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 63-602EE. PROPERTY EXEMPT FROM TAXATION -- CERTAIN TANGIBLE PERSONAL
9 PROPERTY. The following property is exempt from taxation: class 2 property
10 that is agricultural machinery and equipment and exclusively used in agricul-
11 ture during the immediately preceding tax year. For purposes of this section:
12 (1) "Agricultural machinery and equipment" shall mean any machinery and
13 equipment that is used in:
14 (a) Production of field crops including, but not limited to, grains, feed
15 crops, fruits and vegetables; or
16 (b) The grazing, feeding or raising of livestock, fur-bearing animals,
17 fish, fowl and bees to be sold or used as part of a net profit-making
18 agricultural enterprise or dairy; or
19 (c) The extracting of an agricultural product for resale.
20 (2) Buildings shall not be considered to be agricultural machinery and
21 equipment.
22 SECTION 2. An emergency existing therefor, which emergency is hereby
23 declared to exist, this act shall be in full force and effect on and after its
24 passage and approval, and retroactively to January 1, 2002.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Raybould
Seconded by Crow
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 717
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, delete line 19, and insert:
3 "(c) The extracting of honey.".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 717, As Amended
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO PROPERTY EXEMPT FROM TAXATION; AMENDING SECTION 63-602EE, IDAHO
3 CODE, TO FURTHER DEFINE THE TERM "AGRICULTURAL MACHINERY AND EQUIPMENT";
4 DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 63-602EE, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 63-602EE. PROPERTY EXEMPT FROM TAXATION -- CERTAIN TANGIBLE PERSONAL
9 PROPERTY. The following property is exempt from taxation: class 2 property
10 that is agricultural machinery and equipment and exclusively used in agricul-
11 ture during the immediately preceding tax year. For purposes of this section:
12 (1) "Agricultural machinery and equipment" shall mean any machinery and
13 equipment that is used in:
14 (a) Production of field crops including, but not limited to, grains, feed
15 crops, fruits and vegetables; or
16 (b) The grazing, feeding or raising of livestock, fur-bearing animals,
17 fish, fowl and bees to be sold or used as part of a net profit-making
18 agricultural enterprise or dairy; or
19 (c) The extracting of honey.
20 (2) Buildings shall not be considered to be agricultural machinery and
21 equipment.
22 SECTION 2. An emergency existing therefor, which emergency is hereby
23 declared to exist, this act shall be in full force and effect on and after its
24 passage and approval, and retroactively to January 1, 2002.
STATEMENT OF PURPOSE
RS 12182
The purpose of this RS is to add specific language that property
exempt from taxation includes agriculture machinery and equipment
used in the extraction of an agricultural product for resale. 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 agriculture machinery and equipment
used in the extraction of an agricultural product for resale was
included in the total fiscal impact for all agricultural
equipment and machinery.
Contact
Name: Rep. Bill Deal
Rep. Dolores Crow
Phone: 208/332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 717