State of South Dakota
|
SEVENTY-SEVENTH
SESSION
LEGISLATIVE ASSEMBLY, 2002 |
843H0688 |
SENATE TAXATION COMMITTEE ENGROSSED
NO.
SB 178
-
02/06/2002
|
Introduced by:
Senators de Hueck, Greenfield, and Symens and Representatives Garnos,
Madsen, and Van Gerpen
|
FOR AN ACT ENTITLED, An Act to
revise the procedure for assessing certain agricultural
land.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-6-33.2 be amended to read as follows:
10-6-33.2. Capacity of land in agricultural use to produce agricultural products shall be based on average yields under natural conditions
, in the case of
for
land producing crops or plants
,
and
on the average
"
acres per animal unit,
" in the case of grazing
for noncrop
land
; said
. The
average
shall affect each operating unit and shall be based
, to the extent possible,
on the ten-year period
immediately preceding the tax year in issue. In determining
such
the
capacity to produce, the
county director of equalization
and/or
and
the county board of equalization
must take into
consideration
may consider
yields,
and/or
and
carrying capacity, as determined by the soil
conservation service, the agricultural stabilization and conservation service, the extension
service, federal land bank
, the Department of Revenue,
and private lending agencies dealing with
land production capacities.
Section 2. That § 10-6-33.15 be amended to read as follows:
10-6-33.15. For the purposes of § 10-6-33.14, the agricultural income value shall be determined using capitalized actual annual cash rent. The actual annual cash rent is the actual annual cash rent
, excluding the actual per acre tax on agricultural land,
determined through an
analysis of actual arm's length rental agreements collected within the county in the year prior to
the year for which the income value is being determined.
The actual cash rent shall include the
per acre tax on agricultural land if such tax is the responsibility of the lessee, is an express
provision of the rental agreement, and is paid by the lessee in addition to the actual rental
income.
The annual cash rent shall be capitalized at eight percent.
Section 3. That § 10-6-33.16 be amended to read as follows:
10-6-33.16. The secretary of revenue may enter into a contract for the collection of cash rent information by county for the purpose of § 10-6-33.15. The secretary of revenue shall make such information available for use by any county director of equalization . Cash rent information shall be adjusted by soil survey statistics if available.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-6-33.2 be amended to read as follows:
10-6-33.2. Capacity of land in agricultural use to produce agricultural products shall be based on average yields under natural conditions
Section 2. That § 10-6-33.15 be amended to read as follows:
10-6-33.15. For the purposes of § 10-6-33.14, the agricultural income value shall be determined using capitalized actual annual cash rent. The actual annual cash rent is the actual annual cash rent
Section 3. That § 10-6-33.16 be amended to read as follows:
10-6-33.16. The secretary of revenue may enter into a contract for the collection of cash rent information by county for the purpose of § 10-6-33.15. The secretary of revenue shall make such information available for use by any county director of equalization . Cash rent information shall be adjusted by soil survey statistics if available.