SECOND REGULAR SESSION

HOUSE BILL NO. 2178

97TH GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVES HAMPTON (Sponsor), GUERNSEY, REDMON, HOUGHTON, BERNSKOETTER, ROSS, REMOLE, FRANKLIN, WALKER, REIBOLDT AND PFAUTSCH (Co-sponsors).

6413H.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk


 

AN ACT

To repeal section 137.021, RSMo, and to enact in lieu thereof one new section relating to agricultural land values.




Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Section 137.021, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 137.021, to read as follows:

            137.021. 1. The assessor, in grading land which is devoted primarily to the raising and harvesting of crops, to the feeding, breeding and management of livestock, to dairying, or to any combination thereof, as defined in section 137.016, pursuant to the provisions of sections 137.017 to 137.021, shall in addition to the assessor's personal knowledge, judgment and experience, consider soil surveys, decreases in land valuation due to natural disasters, level of flood protection, governmental regulations limiting the use of such land, the estate held in such land, and other relevant information. On or before December thirty-first of each odd-numbered year for all years ending on or before December 31, 2014, the state tax commission shall promulgate by regulation and publish a value based on productive capability for each of the several grades of agricultural and horticultural land. Beginning January 1, 2015, the state tax commission shall promulgate by regulation and publish a value based on productive capability for each of the several grades of agricultural and horticultural land every four years with the first valuation completed on or before December 31, 2017. If such rules are not disapproved by the general assembly in the manner set out below, they shall take effect on January first of the next odd-numbered year. Such values shall be based upon soil surveys, soil productivity indexes, production costs, crop yields, appropriate capitalization rates and any other pertinent factors, all of which may be provided by the college of agriculture of the University of Missouri, and shall be used by all county assessors in conjunction with their land grades in determining assessed values. Any regulation promulgated pursuant to this subsection shall be deemed to be beyond the scope and authority provided in this subsection if the general assembly, within the first sixty calendar days of the regular session immediately following the promulgation of such regulation, by concurrent resolution, shall disapprove the values contained in such regulation. If the general assembly so disapproves any regulation promulgated pursuant to this subsection, the state tax commission shall continue to use values set forth in the most recent preceding regulation promulgated pursuant to this subsection.

            2. When land that is agricultural and horticultural property, as defined in section 137.016, and is being valued and assessed for general property tax purposes pursuant to the provisions of sections 137.017 to 137.021 becomes property other than agricultural and horticultural property, as defined in section 137.016, it shall be reassessed as of the following January first.

            3. Separation or split-off of a part of the land which is being valued and assessed for general property tax purposes pursuant to the provisions of sections 137.017 to 137.021, either by conveyance or other action of the owner of the land, so that such land is no longer agricultural and horticultural property, as defined in section 137.016, shall subject the land so separated to reassessment as of the following January first. This shall not impair the right of the remaining land to continuance of valuation and assessment for general property tax purposes pursuant to the provisions of sections 137.017 to 137.021.

            4. The state tax commission shall not promulgate a rule increasing agricultural land productive values more than two percent above the values in effect prior to the rule promulgation. No agricultural land located in the state shall have its productive values increased if twenty-five percent or more of the counties in the state are affected by a natural disaster as declared by the President of the United States or the governor within the previous four years.

            5. The state tax commission shall not promulgate a rule increasing agricultural land productive values if there has been a substantial decrease in global agricultural product prices in the previous four years. The determination of the occurrence of a substantial decrease in global agricultural product prices shall be by a concurrence of a majority of the following persons: the director of the department of agriculture, the chairman of the house of representatives committee on agribusiness or its successor committee, the chairman of the house of representatives committee on agriculture policy or its successor committee, and the chairman of the senate committee on agriculture, food production, and outdoor resources or its successor committee.