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H0215...............................................by REVENUE AND TAXATION PROPERTY TAX - LAND - WILDLIFE PROTECTION - 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 as land used to protect wildlife and wildlife habitat; to require that the management plan shall include controlling noxious weeds; to require an annual progress report on management of the target species and controlling noxious weeds when making subsequent annual application under this section; 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. 02/20 House intro - 1st rdg - to printing 02/21 Rpt prt - to Rev/Tax 02/27 Rpt out - rec d/p - to 2nd rdg 02/28 2nd rdg - to 3rd rdg 03/01 3rd rdg - PASSED - 66-0-4 AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block, Bock, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wood(27), Wood(35), Mr. Speaker NAYS -- None Absent and excused -- Black, Boe, Lake, Wills Floor Sponsor - Barrett Title apvd - to Senate 03/02 Senate intro - 1st rdg - to Loc Gov 03/09 Rpt out - rec d/p - to 2nd rdg 03/12 2nd rdg - to 3rd rdg 03/15 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Bair, Bilyeu, Broadsword, Burkett, Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk NAYS -- None Absent and excused -- Bastian Floor Sponsor - Siddoway Title apvd - to House 03/16 To enrol - Rpt enrol - Sp signed 03/19 Pres signed - To Governor 03/23 Governor signed Session Law Chapter 168 Effective: 01/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 215 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 SHALL INCLUDE CONTROLLING NOXIOUS WEEDS, TO REQUIRE AN ANNUAL 6 PROGRESS REPORT ON MANAGEMENT OF THE TARGET SPECIES AND CONTROLLING NOX- 7 IOUS WEEDS WHEN MAKING SUBSEQUENT ANNUAL APPLICATION UNDER THIS SECTION, 8 TO PROVIDE AN EXCEPTION TO THE REQUIREMENT TO ANNUALLY FILE THE CONSERVA- 9 TION AGREEMENT OR A COPY OF THE DOCUMENT CREATING THE CONSERVATION EASE- 10 MENT, TO PROVIDE CONDITIONS THAT RESULT IN LOSS OF THE TAX STATUS PROVIDED 11 IN THIS SECTION AND TO MAKE TECHNICAL CORRECTIONS; DECLARING AN EMERGENCY 12 AND PROVIDING RETROACTIVE APPLICATION. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 63-605, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 63-605. LAND USED TO PROTECT WILDLIFE AND WILDLIFE HABITAT. (1) For the 17 tax year commencing January 1, 2007, an application for appraisal, assessment 18 and taxation under this section as land actively devoted to agriculture pursu- 19 ant to section 63-604, Idaho Code, shall be filed in the office of the county 20 assessor on or before the fourth Monday in June 2007. For the tax year com- 21 mencing January 1, 2008, and for each and every year thereafter, an applica- 22 tion for appraisal, assessment and taxation under this section as land activ- 23 ely devoted to agriculture pursuant to section 63-604, Idaho Code, shall be 24 filed in the office of the county assessor between January 1 and April 15 of 25 each year for which the requested tax status is to apply. Land eligible for 26 this tax status is land which is either: 27 (1a) Owned and used for wildlife habitat by a private, nonprofit corpora- 28 tion which corporation has a recognized tax exempt status under section 29 501(c)(3) of theiInternalrRevenuecCode, and which corporation qualifies 30 for exemption status under section 63-602C, Idaho Code, and which corpora- 31 tion is dedicated to the conservation of wildlife or wildlife habitat; or 32 (2b) Being managed pursuant to a conservation easement or a conservation 33 agreement, as defined in this section and which easement or agreement has 34 been entered into with a private, nonprofit corporation which has a tax 35 exempt status under section 501(c)(3) of theiInternalrRevenuecCode, 36 which corporation qualifies for exemption status under section 63-602C, 37 Idaho Code, and which landformerlyqualified, for three (3) consecutive 38 years immediately preceding management of the land pursuant to a conserva- 39 tion easement or a conservation agreement, as land actively devoted to 40 agriculture pursuant to section 63-604, Idaho Code, dry grazing land or41waste pursuant to rule, shall be eligible for appraisal, assessment and42taxation as agricultural property, dry grazing land or waste pursuant to43rule. 2 1 (2) As used in this section, "conservation agreement" means a written 2 document between a private, nonprofit corporation enumerated in subsection (1) 3 of this section and the landowner which defines wildlife, flora or fauna or 4 freshwater biota to be protected and outlines a minimum of a ten (10) year 5 management plan to protect target species and to control noxious weeds in 6 accordance with Idaho noxious weed law in chapter 24, title 22, Idaho Code. 7 Progress in managing the target species and controlling noxious weeds shall be 8 monitored and an annual progress report shall be submitted each year along 9 with the application filed as required in this section. 10 (3) The conservation agreement or a copy of the document creating the 11 conservation easement shall be filed with the county assessor by April 15 of 12 the year for which application for the tax status isclaimedmade. Following 13 initial approval of an application in any tax year, for each subsequent, con- 14 secutive year in which application is made and the tax status is claimed, it 15 shall not be necessary to resubmit the conservation agreement or a copy of the 16 document creating the conservation easement unless the agreement or easement 17 document has been amended. In the event the document is amended, the amended 18 version shall be submitted with that year's application. 19 (4) Failure to file an application for each year that tax status under 20 this section is claimed, or failure to annually document progress in managing 21 the target species and controlling noxious weeds as required in subsection (2) 22 of this section, shall result in loss of the tax status provided in this sec- 23 tion. 24 SECTION 2. An emergency existing therefor, which emergency is hereby 25 declared to exist, this act shall be in full force and effect on and after its 26 passage and approval, and retroactively to January 1, 2007.
STATEMENT OF PURPOSE RS 17061 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 215