2003 Legislation
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HOUSE BILL NO. 408 – Income tax credit, no field burning

HOUSE BILL NO. 408

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Daily Data Tracking History



H0408...............................................by REVENUE AND TAXATION
INCOME TAX CREDIT - NO FIELD BURNING - Adds to existing law to establish
agricultural field burning acreage limitations; to provide for field
burning abstention for tax credit qualification; to provide for the
issuance of burn authorizations; to provide for an income tax credit for
certain agricultural field burning abstention; to provide a carryover of
unused credits; to provide for recapture; and to provide for transfers of
credit.
                                                                        
04/10    House intro - 1st rdg - to printing
04/14    Rpt prt - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 408
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO AGRICULTURAL FIELD BURNING REDUCTION, FIELD BURNING ABSTENTION AND
  3        FIELD BURNING ABSTENTION BASED TAX CREDIT; AMENDING CHAPTER 48, TITLE  22,
  4        IDAHO  CODE,  BY  THE  ADDITION  OF  A NEW SECTION 22-4805, IDAHO CODE, TO
  5        ESTABLISH CERTAIN AGRICULTURAL FIELD BURNING ACREAGE LIMITATIONS, TO  PRO-
  6        VIDE  FOR FIELD BURNING ABSTENTION FOR TAX CREDIT QUALIFICATION, TO DESIG-
  7        NATE A PROCEDURE, TO PROVIDE FOR THE ISSUANCE OF BURN AUTHORIZATIONS,   TO
  8        ALLOCATE  BURN AUTHORIZATIONS, TO PROVIDE OTHER LIMITATIONS AND TO PROVIDE
  9        FOR ADOPTION OF RULES; AMENDING CHAPTER 30, TITLE 63, IDAHO CODE,  BY  THE
 10        ADDITION  OF  A NEW SECTION 63-3029K, IDAHO CODE, TO PROVIDE FOR AN INCOME
 11        TAX CREDIT FOR CERTAIN AGRICULTURAL FIELD BURNING ABSTENTION,  TO  PROVIDE
 12        PROCEDURES,  TO  LIMIT  THE AMOUNT OF THE CREDIT, TO PROVIDE FOR CLAIMS OF
 13        THE CREDIT BY CERTAIN CORPORATE MEMBERS, TO PROVIDE A CARRYOVER OF  UNUSED
 14        CREDITS,  TO PROVIDE FOR RECAPTURE, TO PROVIDE FOR TRANSFERS OF CREDIT AND
 15        TO AUTHORIZE THE STATE TAX COMMISSION TO PROMULGATE CERTAIN RULES; DECLAR-
 16        ING AN EMERGENCY AND PROVIDING FOR RETROACTIVE APPLICATION.
                                                                        
 17    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 18        SECTION 1.  That Chapter 48, Title 22, Idaho Code, be,  and  the  same  is
 19    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 20    ignated as Section 22-4805, Idaho Code, and to read as follows:
                                                                        
 21        22-4805.  ACREAGE LIMITATIONS -- FIELD BURNING ABSTENTION  --  TAX  CREDIT
 22    QUALIFICATION -- PROCEDURE -- BURN AUTHORIZATIONS. (1) For calendar year 2003,
 23    the  maximum amount of crop residue acreage to be burned in Kootenai and Bene-
 24    wah counties shall not exceed the average amount of acreage registered  pursu-
 25    ant  to  subsection (3) of section 22-4803, Idaho Code, for the calendar years
 26    2000 through 2002. The maximum amount shall be reduced by  ten  percent  (10%)
 27    each  year  from  the previous year thereafter through calendar year 2006. The
 28    calculation of maximum acreage and annual percent  reductions  shall  be  con-
 29    ducted  separately  for registration processes occurring on separate jurisdic-
 30    tional areas within Kootenai and Benewah counties.
 31        (2)  For each calendar year beginning in 2004 and extending through  2006,
 32    those individuals with fields registered pursuant to subsection (3) of section
 33    22-4803,  Idaho  Code,  during  calendar years 2000 through 2002, that seek to
 34    qualify for an agricultural field burning abstention credit pursuant  to  sec-
 35    tion  63-3029K,  Idaho  Code,  shall  provide  written  verified notice to the
 36    department, pursuant to rules or policy established by the department for this
 37    purpose, that:
 38        (a)  They shall refrain from registration pursuant to  subsection  (3)  of
 39        section 22-4803, Idaho Code, of their previously registered fields for the
 40        calendar  year  and  shall designate the previously registered fields that
 41        will not be registered;
 42        (b)  During the calendar year they shall  not  conduct  field  burning  in
 43        those fields designated pursuant to subsection (2)(a) of this section; and
                                                                        
                                           2
                                                                        
  1        (c)  They  seek  to  have the designated fields included in calculation of
  2        the ten percent (10%) field burning reduction acreage as required pursuant
  3        to subsection (1) of this section.
  4        The department shall maintain the written notices, at a  minimum  for  the
  5    duration  of  the calendar year in which the notices are received. The depart-
  6    ment shall establish a means of monitoring and maintaining  a  record  of  the
  7    order in which the notices are received  by the department and shall determine
  8    those individuals whose fields, or a portion thereof, constitute the first ten
  9    percent  (10%)  of the total field burning reduction acreage required pursuant
 10    to subsection (1) of this section.
 11        The department shall issue written notice to all individuals  having  sub-
 12    mitted  a  notice pursuant to this subsection, indicating whether any portion,
 13    to the nearest acre of the individual's designated fields, constitutes a  por-
 14    tion of the first ten percent (10%) of the total field burning reduction acre-
 15    age  required pursuant to subsection (1) of this section. The department shall
 16    not determine tax credit qualification but shall only provide  the  individual
 17    with notice that certain fields subject to their notification of field burning
 18    abstention  were  or  were  not  included in the first ten percent (10%) field
 19    burning reduction acreage.
 20        It shall be considered a violation of the provisions of this  chapter  for
 21    any  person  who  has verified field burning abstention pursuant to the provi-
 22    sions of this section to conduct field burning  in  nonregistered,  designated
 23    fields  in  conflict  with their verification of field burning abstention, and
 24    they shall be subject to action by the department for the  violation  pursuant
 25    to  the  provisions of this chapter and shall also be subject to action by the
 26    state tax commission in relation to any associated claimed tax credit.
 27        (3)  In the event that as of July 1 in any given year  total  registration
 28    pursuant  to  subsection  (3)  of section 22-4803, Idaho Code, is less than or
 29    equal to the maximum acreage to be burned pursuant to subsection (1)  of  this
 30    section,  each  person registering shall be issued a burn authorization by the
 31    department covering the acreage registered.
 32        (4)  In the event that as of July 1 in any given year  total  registration
 33    pursuant to subsection (3) of section 22-4803, Idaho Code, is greater than the
 34    maximum  acreage  to be burned pursuant to subsection (1) of this section, the
 35    department shall give preference in issuing burn authorizations to those  per-
 36    sons  who were registered pursuant to subsection (3) of section 22-4803, Idaho
 37    Code, for the calendar year 2001 or 2002, up to the average amount of  acreage
 38    for  which  the  person  was  registered in those years. Any remaining maximum
 39    acreage balance shall be allocated to other persons registering on  the  basis
 40    of  the  date  of  receipt  of  the person's complete registration form by the
 41    department.
 42        (5)  In the event that as of July 1 in any given year  total  registration
 43    pursuant to subsection (3) of section 22-4803, Idaho Code, is greater than the
 44    maximum  acreage  to be burned pursuant to subsection (1) of this section when
 45    taking into account only registrations submitted by  those  persons  who  were
 46    registered pursuant to subsection (3) of section 22-4803, Idaho Code, for cal-
 47    endar  year  2001  or  2002, up to the average amount of acreage for which the
 48    person was registered in those years, the department shall by rule  or  policy
 49    assign  a  priority  of  authorizations  up  to full allocation of the maximum
 50    amount.
 51        (6)  Once the maximum acreage amount is fully allocated in burn authoriza-
 52    tions issued pursuant to this formula, no additional authorizations  shall  be
 53    issued for that year.
 54        (7)  Burning  authorizations  issued under this section shall at all times
 55    be limited by and subject to daily burn authorization and  other  requirements
                                                                        
                                           3
                                                                        
  1    or conditions announced or set forth by the DEQ, the department of agriculture
  2    or any local authority.
  3        (8)  The  department  may  adopt rules as necessary to implement this sec-
  4    tion.
                                                                        
  5        SECTION 2.  That Chapter 30, Title 63, Idaho Code, be,  and  the  same  is
  6    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  7    ignated as Section 63-3029K, Idaho Code, and to read as follows:
                                                                        
  8        63-3029K.  INCOME TAX CREDIT -- AGRICULTURAL FIELD BURNING ABSTENTION. (1)
  9    Subject to the limitations of this section, for taxable years beginning  Janu-
 10    ary  1,  2004,  there  shall  be  allowed to a taxpayer a nonrefundable credit
 11    against taxes imposed by sections 63-3024, 63-3025 and 63-3025A,  Idaho  Code,
 12    for agricultural field burning abstention as herein provided.
 13        (2)  The  credit  permitted  in  subsection  (1)  of this section shall be
 14    allowed on an annual basis to a taxpayer that received verification  from  the
 15    department of agriculture that certain acreage designated by the taxpayer in a
 16    notification to the department of agriculture of field burning abstention pur-
 17    suant  to  section 22-4805, Idaho Code, constituted a portion of the first ten
 18    percent (10%) field burning reduction acreage required by  subsection  (1)  of
 19    section  22-4805,  Idaho  Code. The acreage that was included in the first ten
 20    percent (10%) field burning reduction acreage shall qualify for the tax credit
 21    provided in this section. The credit shall be in the  amount  of  one  hundred
 22    dollars ($100) per qualifying acre, to the nearest acre without proration.
 23        (3)  The  credit  allowed  by subsection (1) of this section together with
 24    any credits carried forward under subsection (5) of this section shall not, in
 25    any one (1) taxable year, exceed the amount of tax due under sections 63-3024,
 26    63-3025 and 63-3025A, Idaho Code, after allowance for all other  credits  per-
 27    mitted by this chapter.
 28        (4)  In the case of a group of corporations filing a combined report under
 29    subsection (t) of section 63-3027, Idaho Code, credit earned by one (1) member
 30    of  the group but not used by that member may be used by another member of the
 31    group, subject to the provisions of subsection (5) of this section, instead of
 32    carried over. For a combined group of corporations, credit carried forward may
 33    be claimed by any member of the group unless the member who earned the  credit
 34    is no longer included in the combined group.
 35        (5)  If  the  credit allowed by subsection (1) of this section exceeds the
 36    limitation under subsection (3) of this section, the excess amount may be car-
 37    ried forward for a period that does not  exceed  the  next  ten  (10)  taxable
 38    years.
 39        (6)  If a taxpayer who has received all or part of the credit permitted by
 40    this section fails to continue to qualify for the credit due to a violation of
 41    any  of the provisions of chapter 48, title 22, Idaho Code, then the state tax
 42    commission shall recapture the previously allowed credit. The state  tax  com-
 43    mission  may,  within the time permitted for adjustment of the return on which
 44    the credit was claimed, collect the recaptured credit in the same manner as  a
 45    deficiency in tax.
 46        (7)  (a) Subject  to  the  requirements of this subsection, a taxpayer who
 47        earns and is entitled to the credit or to an unused portion of the  credit
 48        allowed by this section may transfer all or a portion of the unused credit
 49        to:
 50             (i)   Another  taxpayer required to file a return under this chapter;
 51             or
 52             (ii)  An intermediary for  its  use  or  for  resale  to  a  taxpayer
 53             required to file a return under this chapter.
                                                                        
                                           4
                                                                        
  1        In  the  event  of  either  such  a transfer, the transferee may claim the
  2        credit on the transferee's income tax return originally filed  during  the
  3        calendar year in which the transfer takes place and, in the case of carry-
  4        over of the credit, on the transferee's returns for the number of years of
  5        carryover  available  to the transferor at the time of the transfer unless
  6        earlier exhausted.
  7        (b)  Before completing a transfer under this  subsection,  the  transferor
  8        shall  notify  the  state  tax commission of its intention to transfer the
  9        credit and the identity of the transferee. The state tax commission  shall
 10        provide  the  transferor  with a written statement of the amount of credit
 11        available  under  this  section  as  then  appearing  in  the  state   tax
 12        commission's    records  and the number of years the credit may be carried
 13        over. The transferee shall attach a copy of the statement to any return in
 14        regard to which the transferred credit is claimed.
 15        (c)  In the event that after the transfer the state tax commission  deter-
 16        mines  that  the amount of credit properly available under this section is
 17        less than the amount claimed by the transferor of the credit, or that  the
 18        credit  is subject to recapture, the state tax commission shall assess the
 19        amount of overstated or recaptured credit as taxes due for the  transferor
 20        and  not  the  transferee. The assessment shall be made in the manner pro-
 21        vided for a deficiency in taxes under this chapter.
 22        (8)  In addition to other needed rules, the state tax commission may  pro-
 23    mulgate rules prescribing, in the case of S corporations, partnerships, trusts
 24    or  estates,  a  method  of  attributing  the credit under this section to the
 25    shareholders, partners or beneficiaries in proportion to their  share  of  the
 26    income from the S corporation, partnership, trust or estate.
                                                                        
 27        SECTION  3.  An  emergency  existing  therefor,  which emergency is hereby
 28    declared to exist, this act shall be in full force and effect on and after its
 29    passage and approval, and retroactively to January 1, 2003.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                             RS 13283
This legislation would require a ten percent (10%) per year reduction
in the number of acres of grass stubble burned in Kootenai and Benewah
counties for four (4) years resulting in a forty percent (40%)
reduction by the year 2006.

Growers who voluntarily signed up acres not to be burned would receive
a $100.00 per acre tax credit for ten (10) years until the number of
acres required to meet the ten percent (10%) reduction level has been
reached.  If the ten percent (10%) reduction has not been reached
voluntarily, additional acres would be required to not be burned
without receiving the tax credit.
                          FISCAL IMPACT
There is estimated to be 25,000 acres in grass production in Kootenai
and Benewah counties.
     Year One        2,500 acres x $100.00   =    $   250,000
     Year Two        5,000 acres x $100.00   =    $   500,000
     Year Three      7,500 acres x $100.00   =    $   750,000
     Year Four      10,000 acres x $100.00   =    $ 1,000,000
     Year Five      10,000 acres x $100.00   =    $ 1,000,000
     Year Six       10,000 acres x $100.00   =    $ 1,000,000
     Year Seven     10,000 acres x $100.00   =    $ 1,000,000
     Year Eight     10,000 acres x $100.00   =    $ 1,000,000
     Year Nine      10,000 acres x $100.00   =    $ 1,000,000
     Year Ten       10,000 acres x $100.00   =    $ 1,000,000
     Year Eleven     7,500 acres x $100.00   =    $   750,000
     Year Twelve     5,000 acres x $100.00   =    $   500,000
     Year Thirteen   2,500 acres x $100.00   =    $   250,000
                                                  $10,000,000




Contact
Name:     Rep. Douglas Jones 
          Rep. Wayne Meyer
          Rep. George Eskridge
          Sen. Shawn Keough
Phone:    (208-332-1000)


STATEMENT OF PURPOSE/FISCAL NOTE                             H 408