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Text: S03336                            Text: S03338
Text: S03300 - S03399                   Text: S Index
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Senate Amendment 3337

Amendment Text

PAG LIN
  1  1    Amend Senate File 466 as follows:
  1  2    #1.  By striking page 2, line 17, through page 4,
  1  3 line 18, and inserting the following:  
  1  4          "Machinery, Equipment, and Computers
  1  5                 Property Tax Exemption
  1  6    Sec.    .  Section 427B.17, Code 1995, is amended
  1  7 to read as follows:
  1  8    427B.17  PROPERTY SUBJECT TO SPECIAL VALUATION.
  1  9    1.  For property defined in section 427A.1,
  1 10 subsection 1, paragraphs "e" and "j", acquired or
  1 11 initially leased on or after January 1, 1982, the
  1 12 taxpayer's valuation shall be limited to thirty
  1 13 percent of the net acquisition cost of the property.
  1 14 For purposes of this section, "net acquisition cost"
  1 15 means the acquired cost of the property including all
  1 16 foundations and installation cost less any excess cost
  1 17 adjustment.
  1 18    2.  For purposes of this section:
  1 19    1. a.  Property assessed by the department of
  1 20 revenue and finance pursuant to sections 428.24 to
  1 21 428.29, or chapters 433, 434 and 436 to 438 shall not
  1 22 receive the benefits of this section.
  1 23    2. b.  Property acquired before January 1, 1982,
  1 24 which was owned or used before January 1, 1982, by a
  1 25 related person shall not receive the benefits of this
  1 26 section.
  1 27    3. c.  Property acquired on or after January 1,
  1 28 1982, which was owned and used by a related person
  1 29 shall not receive any additional benefits under this
  1 30 section.
  1 31    4. d.  Property which was owned or used before
  1 32 January 1, 1982, and subsequently acquired by an
  1 33 exchange of like property shall not receive the
  1 34 benefits of this section.
  1 35    5. e.  Property which was acquired on or after
  1 36 January 1, 1982, and subsequently exchanged for like
  1 37 property shall not receive any additional benefits
  1 38 under this section.
  1 39    6. f.  Property acquired before January 1, 1982,
  1 40 which is subsequently leased to a taxpayer or related
  1 41 person who previously owned the property shall not
  1 42 receive the benefits of this section.
  1 43    7. g.  Property acquired on or after January 1,
  1 44 1982, which is subsequently leased to a taxpayer or
  1 45 related person who previously owned the property shall
  1 46 not receive any additional benefits under this
  1 47 section.
  1 48    h.  For purposes of this section, "related "Related
  1 49 person" means a person who owns or controls the
  1 50 taxpayer's business and another business entity from
  2  1 which property is acquired or leased or to which
  2  2 property is sold or leased.  Business entities are
  2  3 owned or controlled by the same person if the same
  2  4 person directly or indirectly owns or controls fifty
  2  5 percent or more of the assets or any class of stock or
  2  6 who directly or indirectly has an interest of fifty
  2  7 percent or more in the ownership or profits.
  2  8    3.  Property assessed pursuant to this section
  2  9 shall not be eligible to receive a partial exemption
  2 10 under sections 427B.1 to 427B.6.
  2 11    4.  a.  A city council or county board of
  2 12 supervisors may provide by ordinance an exemption from
  2 13 taxation for property defined in this section whose
  2 14 valuation is computed pursuant to subsection 1, and
  2 15 which is acquired after December 31, 1994.  The
  2 16 ordinance may be enacted not less than thirty days
  2 17 after a public hearing on the ordinance is held.
  2 18 Notice of the hearing shall be published in accordance
  2 19 with section 331.305 in the case of a county, or
  2 20 section 362.3 in the case of a city.  The exemption
  2 21 shall not apply to any property acquired or initially
  2 22 leased prior to the enactment of the ordinance unless
  2 23 the ordinance specifically allows for retroactive
  2 24 application.
  2 25    b.  If in the opinion of the city council or the
  2 26 county board of supervisors continuation of the
  2 27 exemption granted under this subsection ceases to be
  2 28 of benefit to the city or county, the city council or
  2 29 the county board of supervisors may repeal the
  2 30 ordinance authorized by this subsection.  Exemptions
  2 31 allowed prior to repeal of the ordinance shall
  2 32 continue until their expiration."
  2 33    #2.  Title page, line 2, by striking the word
  2 34 "reimbursement" and inserting the following:
  2 35 "exemption".
  2 36    #3.  By renumbering as necessary.  
  2 37 
  2 38 
  2 39                              
  2 40 ALLEN BORLAUG
  2 41 JACK RIFE
  2 42 MAGGIE TINSMAN
  2 43 SF 466.201 76
  2 44 sc/jj
     

Text: S03336                            Text: S03338
Text: S03300 - S03399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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