Text: H03193 Text: H03195 Text: H03100 - H03199 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the amendment, H-3030, to Senate File 69 as 1 2 follows: 1 3 #1. By striking page 17, line 11, through page 18, 1 4 line 45, and inserting the following: 1 5 "Sec. 133. Section 426.3, Code 1995, is amended to 1 6 read as follows: 1 7 426.3 WHERE CREDIT GIVEN. 1 8 Theagricultural landfarm tax credit fund shall be 1 9 apportioned each year in the mannerhereinafter1 10 provided so as to give a credit against the tax on 1 11 each tract of agricultural lands within the several 1 12 school districts of the state in which the levy for 1 13 the general school fund exceeds five dollars and forty 1 14 cents per thousand dollars of assessed value; the. 1 15 The amount ofsuchthe credit on each tract ofsuch1 16 lands shall be a percentage of the amount the tax 1 17 levied for the general school fund exceeds the amount 1 18 of tax which would be levied onsaidthe tract ofsuch1 19 lands were the levy for the general school fund five 1 20 dollars and forty cents per thousand dollars of 1 21 assessed value for the previous year, except in the 1 22 case of a deficiency in theagricultural land credits1 23 farm tax credit fund to paysaidthe credits in full, 1 24 in which case the credit on each eligible tract of 1 25suchlands in the state shall be proportionate and 1 26 shall be applied ashereinafterprovided. 1 27 Sec. 134. Section 426.6, Code 1995, is amended to 1 28 read as follows: 1 29 426.6 COMPUTATION BY AUDITOR &endash; APPEAL. 1 30 Theagricultural landfarm tax credit allowed each 1 31 year shall be computed as follows: On or before the 1 32 first of June the county auditor shall list by school 1 33 districts all tracts of agricultural lands which they 1 34 are entitled to credit, together with the taxable 1 35 value for the previous year, together with the budget 1 36 from each school district for the previous year, and 1 37 the tax rate determined for the general fund of the 1 38 district in the manner prescribed in section 444.3 for 1 39 the previous year, and if such tax rate is in excess 1 40 of five dollars and forty cents per thousand dollars 1 41 of assessed value, the auditor shall multiply the tax 1 42 levy which is in excess of five dollars and forty 1 43 cents per thousand dollars of assessed value by the 1 44 total taxable value of the agricultural lands entitled 1 45 to credit in the district, and multiply this amount by 1 46 the applicable fiscal year percentage and on or before 1 47 the first of June certifythethis last amount to the 1 48 department of revenue and finance. 1 49 For purposes of this chapter, the "applicable 1 50 fiscal year percentage" means for the fiscal year 2 1 beginning July 1, 1996, the amount equal to the 2 2 appropriation made in section 426.1 for the fiscal 2 3 year beginning July 1, 1996, divided by the amount of 2 4 credits certified under this section to the department 2 5 of revenue and finance for the fiscal year beginning 2 6 July 1, 1995. For succeeding fiscal years, the 2 7 applicable fiscal year percentage equals the 2 8 appropriation for that fiscal year divided by the 2 9 amount of credits certified under this section to the 2 10 department of revenue and finance for the previous 2 11 fiscal year times the applicable fiscal year 2 12 percentage calculated under this paragraph for the 2 13 previous fiscal year. 2 14 In the event the county auditor denies a credit 2 15 upon anysuchlands, the auditor shall immediately 2 16 mail to the owner at the owner's last known address 2 17 notice of the decisionthereon. The owner may, within 2 18 thirty daysthereafter, appeal to the board of 2 19 supervisors of the county wherein the land involved is 2 20 situated by serving notice ofsaidappeal upon the 2 21 chairperson ofsaidthe board. The board shall hear 2 22suchthe appeal promptly and shall determine anew all 2 23 questions involved insaidthe appeal and shall within 2 24 ten days aftersuchthe hearing, mail to the owner at 2 25 the owner's last known address, notice of its 2 26 decision. In the event of disallowance the owner may, 2 27 within ten days from the datesuchnotice is mailed, 2 28 appealsuchthe disallowance by the board of 2 29 supervisors to the district court of that county by 2 30 serving written notice of appeal on the county 2 31 auditor. The appeal shall be tried de novo and may be 2 32 heard in term time or vacation. The decision of the 2 33 district courtthereonshall be final. 2 34 Sec. 135. Section 426.7, Code 1995, is amended to 2 35 read as follows: 2 36 426.7 WARRANTS DRAWN BY DIRECTOR. 2 37 After receiving from the county auditors the 2 38 certifications provided for in section 426.6, and 2 39 during the following fiscal year, the director of 2 40 revenue and finance shall draw warrants on the 2 41agricultural land creditsfarm tax credit fund created 2 42 in section 426.1, payable to the county treasurers in 2 43 the amount certified by the county auditors of the 2 44 respective counties and mail the warrants to the 2 45 county auditors on August 15 of each year taking into 2 46 consideration the relative budget and cash position of 2 47 the state resources. However, if theagricultural2 48land creditsfarm tax credit fund is insufficient to 2 49 pay in full the total of the amounts certified to the 2 50 director of revenue and finance, the director shall 3 1 prorate the fund to the county treasurers and notify 3 2 the county auditors of the pro rata percentage on or 3 3 beforeAugustJuly 1." 3 4 #2. Page 18, line 48, by inserting after the 3 5 letter "h." the following: "(1)". 3 6 #3. Page 19, line 3, by striking the words "two 3 7 hundred" and inserting the following: "one hundred 3 8 fifty". 3 9 #4. Page 19, line 4, by inserting after the word 3 10 "land" the following: "as provided in subparagraph 3 11 (2)". 3 12 #5. Page 19, by inserting after line 7 the 3 13 following: 3 14 "(2) An owner of agricultural structures shall not 3 15 file a claim for or be granted more than one one 3 16 hundred fifty thousand dollar exclusion under 3 17 subparagraph (1) for more than one parcel in the 3 18 state. For purposes of determining if a claim is 3 19 filed for more than one parcel and computing the 3 20 amount of a claim, agricultural structures are 3 21 considered owned by the same person, if in the case 3 22 where the owner is an individual, the individual owns 3 23 or controls an entity that owns other agricultural 3 24 structures in the state, or if in the case where the 3 25 owner is an entity, a person which owns or controls 3 26 the entity owns or controls another entity that owns 3 27 other agricultural structures in the state. Entities 3 28 are owned or controlled by the same person if the same 3 29 person directly or indirectly owns or controls more 3 30 than fifty percent of the assets or any class of stock 3 31 or who directly or indirectly has an interest of more 3 32 than fifty percent in the ownership or profits. 3 33 (3) An owner shall file a claim for the exclusion 3 34 under subparagraph (1) by February 15 of the 3 35 assessment year for only one parcel. The assessor 3 36 shall notify the owner of the acceptance of the 3 37 owner's claim by March 15. An owner denied a claim or 3 38 had the amount of a claim reduced may appeal the 3 39 assessor's decision in the same manner as provided for 3 40 the appeal of the denial of the farm tax credit under 3 41 section 426.6. Upon the filing and allowance of the 3 42 claim, the claim shall be allowed on that parcel for 3 43 successive years without further filing as long as the 3 44 property is legally or equitably owned by that person. 3 45 If ownership of the structure changes, the owner 3 46 wishes to file a claim for another parcel, or the 3 47 value significantly exceeds the exclusion amount as a 3 48 result of added improvements or new construction, the 3 49 owner must notify the assessor and refile a claim with 3 50 the appropriate assessor. 4 1 (4) If an allowed claim is subsequently disallowed 4 2 or the owner fails to notify the assessor as required 4 3 in subparagraph (3), the person shall be subject to a 4 4 civil penalty equal to the amount of property tax that 4 5 would have been due but for the exclusion, plus fifty 4 6 percent of such amount, and interest as provided in 4 7 section 445.39. Such person shall also no longer be 4 8 eligible to receive the exclusion under subparagraph 4 9 (1)." 4 10 #6. Page 19, line 15, by striking the figures "33, 4 11 34, 35," and inserting the following: "133, 134, 4 12 135,". 4 13 4 14 4 15 4 16 HALVORSON of Clayton 4 17 SF 69.320 76 4 18 mg/cf
Text: H03193 Text: H03195 Text: H03100 - H03199 Text: H Index Bills and Amendments: General Index Bill History: General Index
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