H-1303

   Amend Senate File 634, as amended, passed, and reprinted by the Senate, as follows:
   1.  Page 13, after line 25 by inserting: 
<DIVISION ___
ELDERLY AND DISABLED PROPERTY TAX CREDIT
   Sec. ___.  Section 425.1, subsection 1, paragraph a, Code 2019, is amended to read as follows:
   a.  A homestead credit fund is created. There is appropriated annually from the general fund of the state to the department of revenue to be credited to the homestead credit fund, an amount sufficient to implement this chapter subchapter.
   Sec. ___.  Section 425.17, subsection 2, Code 2019, is amended to read as follows:
   2.  a.  “Claimant” means either any of the following:
   (1)  A person filing a claim for credit or reimbursement under this subchapter who has attained the age of sixty-five years on or before December 31 of the base year or who is totally disabled and was totally disabled on or before December 31 of the base year and who is domiciled in this state at the time the claim is filed or at the time of the person’s death in the case of a claim filed by the executor or administrator of the claimant’s estate.
   (2)  A person filing a claim for credit or reimbursement under this subchapter who has attained the age of twenty-three years on or before December 31 of the base year or was a head of household on December 31 of the base year, as defined in the Internal Revenue Code, but has not attained the age or disability status described in paragraph “a”, subparagraph (1) or the age or the disability status and eligibility criteria of subparagraph (3), and is domiciled in this state at the time the claim is filed or at the time of the person’s death in the case of a claim filed by the executor or administrator of the claimant’s estate, and was not claimed as a dependent on any other person’s tax return for the base year.
   (3)  A person filing a claim for credit under this subchapter who has either attained the age of sixty-five years on or before December 31 of the base year or who is totally disabled and was totally disabled on or before December 31 of the base year, who has a household income of less than fifty thousand dollars, and who is domiciled in this state at the time the claim is filed or at the time of the person’s death in the case of a claim filed by the executor or administrator of the claimant’s estate.
   b.  “Claimant” under paragraph “a”, subparagraph (1) or (2), includes a vendee in possession under a contract for deed and may include one or more joint tenants or tenants in common. In the case of a claim for rent constituting property taxes paid, the claimant shall have rented the property during any part of the base year. In the case of a claim for property taxes due, the claimant shall have occupied the property during any part of the fiscal year beginning July 1 of the base year. If a homestead is occupied by two or more persons, and more than one person is able to qualify as a claimant, the persons may each file a claim based upon each person’s income and rent constituting property taxes paid or property taxes due.
   Sec. ___.  Section 425.23, subsection 1, Code 2019, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  The tentative credit for a claimant described in section 425.17, subsection 2, paragraph “a”, subparagraph (3), shall be the sum of the following:
   (1)  The amount of the credit under the schedule specified in paragraph “a” of this subsection if the claimant was a claimant as defined in section 425.17, subsection 2, paragraph “a”, subparagraph (1), filing for a credit under paragraph “a” of this subsection.
   (2)  The difference between the actual amount of property taxes due on the homestead during the fiscal year next following the base year following application of the amount determined under subparagraph (1) minus the actual amount of property taxes due on the homestead during the first fiscal year for which the claimant filed a claim for a credit calculated under this paragraph “c” following application of all applicable credits and for which the property taxes due on the homestead were calculated on an assessed valuation that was not a partial assessment and if the claimant has filed for the credit calculated under this paragraph “c” for each of the subsequent fiscal years after the first credit claimed.
   Sec. ___.  Section 425.23, subsection 4, paragraph a, Code 2019, is amended to read as follows:
   a.  For the base year beginning in the 1999 calendar year and for each subsequent base year, the dollar amounts set forth in subsections subsection 1, paragraphs “a” and “b”, and subsection 3 shall be multiplied by the cumulative adjustment factor for that base year. “Cumulative adjustment factor” means the product of the annual adjustment factor for the 1998 base year and all annual adjustment factors for subsequent base years. The cumulative adjustment factor applies to the base year beginning in the calendar year for which the latest annual adjustment factor has been determined.
   Sec. ___.  Section 425.24, Code 2019, is amended to read as follows:
   425.24  Maximum property tax for purpose of credit or reimbursement.
   In For claimants under section 425.17, subsection 2, paragraph “a”, subparagraphs (1) and (2), and for the calculation under section 425.23, subsection 1, paragraph “c”, subparagraph (2), in any case in which property taxes due or rent constituting property taxes paid for any household exceeds one thousand dollars, the amount of property taxes due or rent constituting property taxes paid shall be deemed to have been one thousand dollars for purposes of this subchapter.
   Sec. ___.  Section 425.39, Code 2019, is amended to read as follows:
   425.39  Fund created —— appropriation —— priority.
   The elderly and disabled property tax credit and reimbursement fund is created. There is appropriated annually from the general fund of the state to the department of revenue to be credited to the elderly and disabled property tax credit and reimbursement fund, from funds not otherwise appropriated, an amount sufficient to implement this subchapter for claimants described in section 425.17, subsection 2, paragraph “a”, subparagraph subparagraphs (1) and (3).
   Sec. ___.  APPLICABILITY.  This division of this Act applies to claims under chapter 425, subchapter II, filed on or after January 1, 2020.>
   2.  Title page, line 4, after <manual,> by inserting <modifying property tax credits for certain elderly and disabled persons,>
   3.  By renumbering as necessary.

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FORBES of Polk