2004 Legislation
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HOUSE BILL NO. 599 – Property tax, rural homesite dvlp

HOUSE BILL NO. 599

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN 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  RURAL  HOME  SITE
 20    HOMESITE  DEVELOPMENT  PLAT.  (1)  Each  parcel  of  land in a rural home site
 21    homesite development plat previously shall 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 being to  the
 36        site  is  built upon the parcel. Once construction of the improvements has
 37        begun, no acreage in the parcel shall be eligible for the exemption pursu-
 38        ant to section 63-602K, Idaho Code, unless the requirements of the  exemp-
 39        tion 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)  "Rural home site homesite 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 / Fiscal Impact



                       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