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H0599...............................................by REVENUE AND TAXATION PROPERTY TAX - RURAL HOMESITE DEVELOPMENT - Amends existing law to specify conditions for determining eligibility for the exemption from property taxes for certain parcels of land in a rural homesite development plat; to specify events which will terminate eligibility; to provide an effective date upon loss of eligibility for the exemption; to provide for application for the exemption and an effective date; to provide that the exemption shall not apply to land which is part of a platted subdivision if there are restrictions on its use for agricultural purposes; to provide that the reordering of a plat subdivision shall not by itself prohibit the exemption; and to define terms. 02/02 House intro - 1st rdg - to printing 02/03 Rpt prt - to Rev/Tax
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 599 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO PARTIAL EXEMPTION FOR PARCELS OF LAND IN A RURAL HOMESITE DEVELOP- 3 MENT PLAT; AMENDING SECTION 63-602FF, IDAHO CODE, TO SPECIFY CONDITIONS 4 FOR DETERMINING ELIGIBILITY FOR THE EXEMPTION, TO SPECIFY EVENTS WHICH 5 WILL TERMINATE ELIGIBILITY, TO PROVIDE AN EFFECTIVE DATE UPON LOSS OF ELI- 6 GIBILITY FOR THE EXEMPTION, TO PROVIDE FOR APPLICATION FOR THE EXEMPTION 7 AND AN EFFECTIVE DATE, TO PROVIDE THAT THE EXEMPTION SHALL NOT APPLY TO 8 LAND WHICH IS PART OF A PLATTED SUBDIVISION IF THERE ARE RESTRICTIONS ON 9 ITS USE FOR AGRICULTURAL PURPOSES, TO PROVIDE THAT THE RECORDING OF A PLAT 10 OF SUBDIVISION SHALL NOT BY ITSELF PROHIBIT THE EXEMPTION, TO DEFINE 11 "IMPROVEMENT," "OWNER," "PARCEL," AND "SALE" AND TO MAKE TECHNICAL CORREC- 12 TIONS; AMENDING SECTION 63-604, IDAHO CODE, TO PROVIDE AN EXCEPTION TO THE 13 PROHIBITION ON CLASSIFYING OR VALUING LAND AS AGRICULTURAL WHEN IT IS PART 14 OF A RURAL HOMESITE PLATTED SUBDIVISION AND TO MAKE A TECHNICAL CORREC- 15 TION; DECLARING AN EMERGENCY AND PROVIDING A RETROACTIVE EFFECTIVE DATE. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. That Section 63-602FF, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 63-602FF. PARTIAL EXEMPTION FOR PARCELS OF LAND IN A RURALHOME SITE20 HOMESITE DEVELOPMENT PLAT. (1) Each parcel of land in a ruralhome site21 homesite development platpreviouslyshall be eligible for the exemption pur- 22 suant to section 63-602K, Idaho Code, only if: 23 (a) At the time the plat was approved and recorded with the county, the 24 land was actively devoted to agriculture as defined in subsection (1)(a) 25 of section 63-604, Idaho Code, except there shall be no requirement for 26 total area of land actively devoted to agriculture; and 27 (b) Such parcel of land within a rural homesite development plat was, on 28 or after January 1, 2002, actively devoted to agriculture as defined in 29 subsection (1)(a) of section 63-604, Idaho Code, except there shall be no 30 requirement for total area of land actively devoted to agriculture. 31 (2) Such parcel shall continue to be eligible for the exemption until 32 such time as any one (1) of the following events occurs: 33 (a) The parcel is sold by the owner; or 34 (b) The owner leases the parcel for a nonagricultural purpose; or 35 (c) Any construction which qualifies as an improvements are beingto the 36 site is built upon the parcel. Once construction of the improvements has37begun, no acreage in the parcel shall be eligible for the exemption pursu-38ant to section 63-602K, Idaho Code, unless the requirements of the exemp-39tion have been met.; or 40 (d) The rural homesite development is annexed into a city. 41 (3) When any one (1) of the events specified in subsection (2) of this 42 section occurs, loss of the exemption shall become effective in the tax year 43 immediately following the event which resulted in loss of the exemption. 2 1 (4) Upon annual application as provided by law, the exemption provided in 2 this section shall become effective the first day of January following the 3 year in which an application for the exemption is filed by the owner with the 4 county board of equalization in the county in which the rural homesite devel- 5 opment is located. The application shall be filed on a form prescribed by the 6 state tax commission. The county board of equalization may require the person 7 filing for the exemption to certify that such person is the owner of the prop- 8 erty, and provide evidence that at the time of platting, the property quali- 9 fied for the exemption pursuant to section 63-602K, Idaho Code. 10 (5) The exemption provided in this section shall not apply to land which 11 is part of a platted subdivision with stated restrictions prohibiting its use 12 for agricultural purposes. The recording of a plat of subdivision shall not by 13 itself prohibit the exemption. 14 (26) For purposes of this section, the following definitions shall apply: 15 (a) "Improvement" means any development of a parcel which requires the 16 issuance of a permit by the state of Idaho or the county of jurisdiction, 17 provided such development is to an individual parcel rather than to the 18 subdivision as a whole. 19 (b) "Owner" means the entity holding title to the property at the time 20 the plat was approved and recorded. 21 (c) "Parcel" means a lot in a rural homesite development plat. 22 (d) "Plat" means the drawing, map or plan of a subdivision or a replat- 23 ting of such, including certifications, descriptions and approvals. 24 (be) "Ruralhome sitehomesite development plat" means a subdivision plat 25 for the development of property outside the boundaries of an incorporated 26 municipality within a county of less than one hundred thousand (100,000) 27 population, recorded with the county recorder. 28 (f) "Sale" means a transfer of title from the owner as seller to another 29 entity, except the initial transfer to a surviving spouse or child follow- 30 ing the death of an owner shall not be considered a sale. 31 SECTION 2. That Section 63-604, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 63-604. LAND ACTIVELY DEVOTED TO AGRICULTURE DEFINED. (1) For property 34 tax purposes, land which is actively devoted to agriculture as part of an 35 agricultural enterprise shall be eligible for appraisal, assessment and taxa- 36 tion as agricultural property each year it meets one (1) or more of the fol- 37 lowing qualifications: 38 (a) The total area of such land, including the homesite, is more than 39 five (5) contiguous acres, and is actively devoted to agriculture which 40 means: 41 (i) It is used to produce field crops including, but not limited 42 to, grains, feed crops, fruits and vegetables; or 43 (ii) It is used to produce nursery stock as defined in section 44 22-2302(11), Idaho Code; or 45 (iii) It is used by the owner for the grazing of livestock to be sold 46 as part of a net profit-making enterprise, or is leased by the owner 47 to a bona fide lessee for grazing purposes; or 48 (iv) It is in a cropland retirement or rotation program. 49 (b) The area of such land is five (5) contiguous acres or less and such 50 land has been actively devoted to agriculture within the meaning of sub- 51 section (1)(a) of this section during the last three (3) growing seasons; 52 and 53 (i) It agriculturally produces for sale or home consumption the 3 1 equivalent of fifteen percent (15%) or more of the owner's or 2 lessee's annual gross income; or 3 (ii) It agriculturally produced gross revenues in the immediately 4 preceding year of one thousand dollars ($1,000) or more. When the 5 area of land is five (5) contiguous acres or less, such land shall be 6 presumed to be nonagricultural land until it is established that the 7 requirements of this subsection have been met. 8 (2) Except as provided in section 63-602FF, Idaho Code, lLand shall not 9 be classified or valued as agricultural land which is part of a platted subdi- 10 vision with stated restrictions prohibiting its use for agricultural purposes, 11 whether within or without a city. 12 (3) Land utilized for the grazing of a horse or other animals kept pri- 13 marily for personal use or pleasure rather than as part of a bona fide profit- 14 making agricultural enterprise shall not be considered to be land which is 15 actively devoted to agriculture. 16 (4) Land actively devoted to agriculture, having previously qualified for 17 exemption under this section in the preceding year, or which would have quali- 18 fied under this section during the current year, shall not lose such qualifi- 19 cation due to the owner's or lessee's absence in the current year by reason of 20 active military service in a designated combat zone, as defined in section 112 21 of the Internal Revenue Code. If an owner fails to timely apply for exemption 22 as required in this section solely by reason of active duty in a designated 23 combat zone, as defined in section 112 of the Internal Revenue Code, and the 24 land would otherwise qualify for exemption under this section, then the board 25 of county commissioners of the county in which the land actively devoted to 26 agriculture is located shall refund property taxes, if previously paid, in an 27 amount equal to the exemption which would otherwise have applied. 28 (5) As used in this section "contiguous" shall mean being in actual con- 29 tact or touching along a boundary or at a point, except no area of land shall 30 be considered not contiguous solely by reason of a roadway or other right-of- 31 way. 32 SECTION 3. An emergency existing therefor, which emergency is hereby 33 declared to exist, this act shall be in full force and effect on and after its 34 passage and approval, and retroactively to January 1, 2004.
STATEMENT OF PURPOSE RS 13606C1 The purpose of this bill is to make amendments to Section 63- 602FF and restore elements of HB488 that were inadvertently deleted from the original house bill by HB488a as passed in the 2nd regular session of the 56th legislature. This bill specifies the eligibility for the exemption, the requirement for an application for exemption to be filed, the effective date of the exemption, the events that will terminate eligibility, the exemption from the requirement for total land area defined in Section 63-604 (a) and the amendment to 63-604 providing exceptions for implementation of this act. Also defining terms used in the act and declaring an emergency with retroactive application. FISCAL IMPACT There is no fiscal impact to the state general fund. Local taxing districts will not be prevented from certifying advalorem budgets allowed by law. However, depending on the number of eligible subdivisions in those jurisdictions, some taxing districts may experience a reduction in taxable value. In some instances an upward adjustment in the tax rate may be necessary in order for that taxing district to generate it's certified tax charge under law. This amendment may reduce any fiscal impact to school districts imposed by Section 63-602FF. Contact Name: Rep. Ken Roberts Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 599