2006 Legislation
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HOUSE BILL NO. 428 – Property tax, agric land, platted

HOUSE BILL NO. 428

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Bill Status



H0428...............................................by REVENUE AND TAXATION
PROPERTY TAX - AGRICULTURAL LAND - Repeals and amends existing law to
repeal the law relating to a partial exemption for land in a rural homesite
development plat; and to provide that the act of platting land actively
devoted to agriculture does not, in and of itself, cause the land to lose
its status as land being actively devoted to agriculture if the land
otherwise qualifies for the exemption.
                                                                        
01/19    House intro - 1st rdg - to printing
01/20    Rpt prt - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 428
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LAND ACTIVELY DEVOTED TO AGRICULTURE; REPEALING SECTION  63-602FF,
  3        IDAHO  CODE,  RELATING TO PARTIAL EXEMPTION FOR PARCELS OF LAND IN A RURAL
  4        HOME SITE DEVELOPMENT PLAT; AMENDING SECTION 63-604, IDAHO CODE, TO DEFINE
  5        "PLATTING" AND TO PROVIDE THAT THE ACT OF PLATTING LAND  ACTIVELY  DEVOTED
  6        TO AGRICULTURE DOES NOT, IN AND OF ITSELF, CAUSE THE LAND TO LOSE ITS STA-
  7        TUS  AS  LAND  BEING ACTIVELY DEVOTED TO AGRICULTURE IF THE LAND OTHERWISE
  8        QUALIFIES FOR THE EXEMPTION; DECLARING AN EMERGENCY AND PROVIDING RETROAC-
  9        TIVE APPLICATION.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION 1.  That Section 63-602FF, Idaho Code, be, and the same is  hereby
 12    repealed.
                                                                        
 13        SECTION  2.  That  Section  63-604, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        63-604.  LAND ACTIVELY DEVOTED TO AGRICULTURE DEFINED.  (1)  For  property
 16    tax  purposes, land which is actively devoted to agriculture shall be eligible
 17    for appraisal, assessment and taxation as agricultural property each  year  it
 18    meets one (1) or more of the following qualifications:
 19        (a)  The  total  area  of  such land, including the homesite, is more than
 20        five (5) contiguous acres, and is actively devoted  to  agriculture  which
 21        means:
 22             (i)   It  is  used  to produce field crops including, but not limited
 23             to, grains, feed crops, fruits and vegetables; or
 24             (ii)  It is used to produce  nursery  stock  as  defined  in  section
 25             22-2302(11), Idaho Code; or
 26             (iii) It is used by the owner for the grazing of livestock to be sold
 27             as  part  of  a for-profit enterprise, or is leased by the owner to a
 28             bona fide lessee for grazing purposes; or
 29             (iv)  It is in a cropland retirement or rotation program.
 30        (b)  The area of such land is five (5) contiguous acres or less  and  such
 31        land  has  been actively devoted to agriculture within the meaning of sub-
 32        section (1)(a) of this section during the last three (3) growing  seasons;
 33        and
 34             (i)   It  agriculturally  produces  for  sale or home consumption the
 35             equivalent of fifteen  percent  (15%)  or  more  of  the  owner's  or
 36             lessee's annual gross income; or
 37             (ii)  It  agriculturally  produced  gross revenues in the immediately
 38             preceding year of one thousand dollars ($1,000)  or  more.  When  the
 39             area of land is five (5) contiguous acres or less, such land shall be
 40             presumed  to be nonagricultural land until it is established that the
 41             requirements of this subsection have been met.
 42        (2)  Land shall not be classified or valued as agricultural land which  is
                                                                        
                                           2
                                                                        
  1    part of a platted subdivision with stated restrictions prohibiting its use for
  2    agricultural purposes, whether within or without a city.
  3        (3)  Land  utilized  for the grazing of a horse or other animals kept pri-
  4    marily for personal use or pleasure rather than as part of a  bona  fide  for-
  5    profit enterprise shall not be considered to be land actively devoted to agri-
  6    culture.
  7        (4)  Land actively devoted to agriculture, having previously qualified for
  8    exemption under this section in the preceding year, or which would have quali-
  9    fied  under this section during the current year, shall not lose such qualifi-
 10    cation due to the owner's or lessee's absence in the current year by reason of
 11    active military service in a designated combat zone, as defined    in  section
 12    112 of the Internal Revenue Code. If an owner fails to timely apply for exemp-
 13    tion  as  required in this section solely by reason of active duty in a desig-
 14    nated combat zone, as defined in section 112 of the Internal Revenue Code, and
 15    the land would otherwise qualify for exemption under this  section,  then  the
 16    board of county commissioners of the county in which the land actively devoted
 17    to  agriculture is located shall refund property taxes, if previously paid, in
 18    an amount equal to the exemption which would otherwise have applied.
 19        (5)  As used in this section:
 20        (a)  "Contiguous" means being in actual contact or touching along a bound-
 21        ary or at a point, except no area of land shall be considered not contigu-
 22        ous solely by reason of a roadway or other right-of-way; and
 23        (b)  "For-profit" means the enterprise will, over  some  period  of  time,
 24        make or attempt to make a return of income exceeding expenses.
 25        (c)  "Platting" means the filing of the drawing, map or plan of a subdivi-
 26        sion  or  a  replatting of such, including certification, descriptions and
 27        approvals with the proper local government official.
 28        (6)  For purposes of this section,  the  act  of  platting  land  actively
 29    devoted  to agriculture does not, in and of itself, cause the land to lose its
 30    status as land  being actively devoted to agriculture if  the  land  otherwise
 31    qualifies for the exemption under this section.
                                                                        
 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, 2006.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 15592

This legislation repeals the rural development plot agricultural
exemption.  Originally passed by the 2002 legislative session,
the provision is not working as intended.  Instead the provision
is providing a property tax loophole for selected property tax
payers who are not farmers thereby creating an unfair tax shift
to others who must fund a higher burden to fund services.

The bill defines "platting" and provides that the act of platting
land actively devoted to agriculture, does not, in and of itself 
causes the land to lose it's agriculture status.


                           FISCAL NOTE

According to the Idaho Association of County Assessors, the
exemption has grown to over $11 billion in taxable values. 
Repeal will restore equity to our property tax system.
     
          

Contact
Name:  Representative Wendy Jaquet 
Phone: 332-1132




STATEMENT OF PURPOSE/FISCAL NOTE                         H 428