2007 Legislation
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HOUSE BILL NO. 199 – Land/wildlife habitat/noxious weeds

HOUSE BILL NO. 199

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Bill Status



H0199...............................................by REVENUE AND TAXATION
LAND - WILDLIFE HABITAT - NOXIOUS WEEDS - Amends existing law relating to
land used to protect wildlife and wildlife habitat to revise and clarify
the application process to claim the tax status provided in Section 63-605,
Idaho Code; to require that the management plan includes controlling
noxious weeds; to require an annual progress report on management of the
target species and controlling noxious weeds when making subsequent annual
application; to provide an exception to the requirement to annually file
the conservation agreement or a copy of the document creating the
conservation easement; and to provide conditions that result in loss of the
tax status provided in Section 63-605, Idaho Code.
                                                                        
02/14    House intro - 1st rdg - to printing
02/15    Rpt prt - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 199
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LAND USED TO PROTECT WILDLIFE AND WILDLIFE HABITAT; AMENDING  SEC-
  3        TION  63-605, IDAHO CODE, TO REVISE AND CLARIFY THE APPLICATION PROCESS TO
  4        CLAIM THE TAX STATUS PROVIDED IN THIS SECTION, TO REQUIRE THAT THE MANAGE-
  5        MENT PLAN INCLUDES CONTROLLING NOXIOUS WEEDS, TO REQUIRE AN  ANNUAL  PROG-
  6        RESS  REPORT  ON  MANAGEMENT OF THE TARGET SPECIES AND CONTROLLING NOXIOUS
  7        WEEDS WHEN MAKING SUBSEQUENT ANNUAL APPLICATION  UNDER  THIS  SECTION,  TO
  8        PROVIDE  AN EXCEPTION TO THE REQUIREMENT TO ANNUALLY FILE THE CONSERVATION
  9        AGREEMENT OR A COPY OF THE DOCUMENT CREATING THE CONSERVATION EASEMENT, TO
 10        PROVIDE CONDITIONS THAT RESULT IN LOSS OF THE TAX STATUS PROVIDED IN  THIS
 11        SECTION AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That  Section  63-605, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        63-605.  LAND USED TO  PROTECT  WILDLIFE  AND  WILDLIFE  HABITAT.  (1)  An
 16    application  for appraisal, assessment and taxation under this section as land
 17    actively devoted to agriculture pursuant to section 63-604, Idaho Code,  shall
 18    be  filed  in the office of the county assessor between January 1 and April 15
 19    of each year for which the requested tax status is to apply. Land eligible for
 20    this tax status is land which is either:
 21        (1a)  Owned and used for wildlife habitat by a private, nonprofit corpora-
 22        tion which corporation has a recognized tax exempt  status  under  section
 23        501(c)(3) of the iInternal rRevenue cCode, and which corporation qualifies
 24        for exemption status under section 63-602C, Idaho Code, and which corpora-
 25        tion is dedicated to the conservation of wildlife or wildlife habitat; or
 26        (2b)  Being  managed pursuant to a conservation easement or a conservation
 27        agreement, as defined in this section and which easement or agreement  has
 28        been  entered  into  with a private, nonprofit corporation which has a tax
 29        exempt status under section 501(c)(3) of  the  iInternal  rRevenue  cCode,
 30        which  corporation  qualifies  for exemption status under section 63-602C,
 31        Idaho Code, and which land formerly qualified, for three  (3)  consecutive
 32        years preceding management of the land pursuant to a conservation easement
 33        or  a conservation agreement, as land actively devoted to agriculture pur-
 34        suant to section 63-604, Idaho Code, dry grazing land or waste pursuant to
 35        rule, shall be eligible for appraisal, assessment and taxation as agricul-
 36        tural property, dry grazing land or waste pursuant to rule.
 37        (2)  As used in this section, "conservation  agreement"  means  a  written
 38    document between a private, nonprofit corporation enumerated in subsection (1)
 39    of  this  section  and the landowner which defines wildlife, flora or fauna or
 40    freshwater biota to be protected and outlines a minimum of  a  ten  (10)  year
 41    management  plan  to  protect  target  species and to control noxious weeds in
 42    accordance with Idaho noxious weed law at chapter 24, title  22,  Idaho  Code.
 43    Progress in managing the target species and controlling noxious weeds shall be
                                                                        
                                       2
                                                                        
  1    monitored  and  an  annual  progress report shall be submitted each year along
  2    with the application filed as required in this section.
  3        (3)  The conservation agreement or a copy of  the  document  creating  the
  4    conservation  easement  shall be filed with the county assessor by April 15 of
  5    the year for which application for the tax status is claimed  made.  Following
  6    initial  approval of an application in any tax year, for each subsequent, con-
  7    secutive year in which application is made and the tax status is  claimed,  it
  8    shall not be necessary to resubmit the conservation agreement or a copy of the
  9    document  creating  the conservation easement unless the agreement or easement
 10    has been amended. An amended version  shall  be  submitted  with  that  year's
 11    application.
 12        (4)  Failure  to  file  an application for each year that tax status under
 13    this section is claimed, or failure to annually document progress in  managing
 14    the target species and controlling noxious weeds as required in subsection (2)
 15    of  this section, shall result in loss of the tax status provided in this sec-
 16    tion.
                                                                        
 17        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 18    declared to exist, this act shall be in full force and effect on and after its
 19    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 17030

This legislation is to revise and clarify the application process
to claim the tax status provided in Section 63-605, Idaho Code.  It
will require that the management plan includes controlling noxious
weeds, will require an annual progress report on management of the
target species and controlling noxious weeds when making subsequent
annual application under this section, will provide an exception to
the requirement to annually file the conservation agreement or a
copy of the document creating the conservation easement, and to
provide conditions that result in loss of the tax status provided
in this section and to make technical corrections.


                           FISCAL NOTE

There is no fiscal impact on the general fund.



Contact
Name: Rep Lenore Hardy Barrett 
Phone: (208) 322-1000
Rep JoAn Wood, 322-1000
Sen Jeff Siddoway, 322-1000


STATEMENT OF PURPOSE/FISCAL NOTE                         H 199