House File 134 



                                       HOUSE FILE       
                                       BY  PETTENGILL, WHITAKER,
                                           DANDEKAR, BERRY, SWAIM,
                                           KUHN, and SCHUELLER


    Passed House, Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the military service tax exemption and credit
  2    and including an applicability date provision.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1149HH 82
  5 mg/gg/14

PAG LIN



  1  1    Section 1.  Section 331.608, subsection 9, Code 2007, is
  1  2 amended to read as follows:
  1  3    9.  As used in this section, "veteran" means a veteran as
  1  4 defined in section 35.1, who enlisted or was inducted from the
  1  5 county, resided at any time in the county, or is buried in the
  1  6 county.  For purposes of records maintained for claims filed
  1  7 under chapter 426A, "veteran" also means a veteran as defined
  1  8 in section 426A.11, subsection 4.
  1  9    Sec. 2.  Section 426A.11, subsections 1 and 2, Code 2007,
  1 10 are amended to read as follows:
  1 11    1.  The property, not to exceed two thousand seven hundred
  1 12 seventy=eight dollars in taxable value of any veteran, as
  1 13 defined in for this section 35.1, of the First World War.
  1 14    2.  The property, not to exceed one two thousand eight five
  1 15 hundred fifty=two dollars in taxable value of an honorably
  1 16 separated, retired, furloughed to a reserve, placed on
  1 17 inactive status, or discharged any veteran, as defined in for
  1 18 this section 35.1 who did not serve during the First World
  1 19 War.
  1 20    Sec. 3.  Section 426A.11, Code 2007, is amended by adding
  1 21 the following new subsection:
  1 22    NEW SUBSECTION.  2A.  As used in this chapter only,
  1 23 "veteran" means a resident of the state who served in the
  1 24 armed forces of the United States at any time and who was
  1 25 discharged under honorable conditions.
  1 26    Sec. 4.  Section 426A.11, subsection 4, Code 2007, is
  1 27 amended to read as follows:
  1 28    4.  For purposes of this chapter, unless the context
  1 29 otherwise requires, "veteran" also means a resident of this
  1 30 state who is a former member of the armed forces of the United
  1 31 States and who served for a minimum aggregate of eighteen
  1 32 months and who was discharged under honorable conditions meets
  1 33 the definition of "veteran" under section 35.1, subsection 2,
  1 34 paragraph "b", subparagraph (1), (2), (4), (6), or (7).
  1 35 However, "veteran" also means a resident of this state who is
  2  1 a former member of the armed forces of the United States and
  2  2 who, after serving fewer than eighteen months, was honorably
  2  3 discharged because of a service=related injury sustained by
  2  4 the veteran.
  2  5    Sec. 5.  Section 426A.12, Code 2007, is amended to read as
  2  6 follows:
  2  7    426A.12  EXEMPTIONS TO RELATIVES.
  2  8    In case any person in the foregoing classifications does
  2  9 not claim the exemption from taxation, it shall be allowed in
  2 10 the name of the person to the same extent on the property of
  2 11 any one of the following persons in the order named:
  2 12    1.  The spouse, or surviving spouse remaining unmarried, of
  2 13 a veteran, as defined in for this chapter or in section 35.1,
  2 14 where they are living together or were living together at the
  2 15 time of the death of the veteran.
  2 16    2.  The parent whose spouse is deceased and who remains
  2 17 unmarried, of a veteran, as defined in for this chapter or in
  2 18 section 35.1, whether living or deceased, where the parent is,
  2 19 or was at the time of death of the veteran, dependent on the
  2 20 veteran for support.
  2 21    3.  The minor child, or children owning property as tenants
  2 22 in common, of a deceased veteran, as defined in for this
  2 23 chapter or in section 35.1.
  2 24    No more than one tax exemption shall be allowed under this
  2 25 section or section 426A.11 in the name of a veteran, as
  2 26 defined in for this chapter or in section 35.1.
  2 27    Sec. 6.  STATE FUNDING.  The military service tax credits
  2 28 and exemptions provided pursuant to this Act shall be funded
  2 29 pursuant to chapter 426A and section 25B.7, subsection 2.
  2 30    Sec. 7.  APPLICABILITY DATE.  This Act applies to military
  2 31 service tax exemptions and credits for taxes due and payable
  2 32 in fiscal years beginning on or after July 1, 2008.
  2 33                           EXPLANATION
  2 34    Under current law, honorably discharged veterans that serve
  2 35 during specific time periods are entitled to a property tax
  3  1 exemption of $1,852.  This bill increases the exemption amount
  3  2 to $2,500.  That exemption is made applicable to any resident
  3  3 veteran who has served at any time in the armed forces and was
  3  4 honorably discharged.  The exemption continues to apply to
  3  5 members of the national guard and military reserve as under
  3  6 current law, but requires 20 years of service or 90 days of
  3  7 active duty.
  3  8    The bill applies to property taxes due and payable in
  3  9 fiscal years beginning on or after July 1, 2008.
  3 10 LSB 1149HH 82
  3 11 mg:rj/gg/14