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Text: S05446                            Text: S05448
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Senate Amendment 5447

Amendment Text

PAG LIN
  1  1    Amend Senate File 2449 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:  
  1  4                       "DIVISION I
  1  5                  INCOME TAX INDEXATION
  1  6    Section 1.  Section 422.4, subsection 1, paragraphs
  1  7 a and d, Code 1995, are amended to read as follows:
  1  8    a.  "Annual inflation factor" means an index,
  1  9 expressed as a percentage, determined by the
  1 10 department by October 15 of the calendar year
  1 11 preceding the calendar year for which the factor is
  1 12 determined, which reflects the purchasing power of the
  1 13 dollar as a result of inflation during the fiscal year
  1 14 ending in the calendar year preceding the calendar
  1 15 year for which the factor is determined.  In
  1 16 determining the annual inflation factor, the
  1 17 department shall use the annual percent change, but
  1 18 not less than zero percent, in the implicit price
  1 19 deflator for the gross national product gross domestic
  1 20 product price deflator computed for the second quarter
  1 21 of the calendar year by the bureau of economic
  1 22 analysis of the United States department of commerce
  1 23 and shall add one-half all of that percent change to
  1 24 one hundred percent.  The annual inflation factor and
  1 25 the cumulative inflation factor shall each be
  1 26 expressed as a percentage rounded to the nearest one-
  1 27 tenth of one percent.  The annual inflation factor
  1 28 shall not be less than one hundred percent.
  1 29    d.  Notwithstanding the computation of the annual
  1 30 inflation factor under paragraph "a", the annual
  1 31 inflation factor is one hundred percent for any
  1 32 calendar year in which the unobligated state general
  1 33 fund balance on June 30 as certified by the director
  1 34 of the department of management by October 10, is less
  1 35 than sixty million dollars.  Notwithstanding section
  1 36 8.58, in determining the unobligated state general
  1 37 fund balance on June 30, unobligated moneys in the
  1 38 cash reserve fund and Iowa economic emergency fund on
  1 39 June 30 shall be counted as part of the unobligated
  1 40 state general fund balance for purposes of this
  1 41 paragraph.
  1 42    Sec. 2.  Section 422.4, subsection 2, paragraph a,
  1 43 Code 1995, is amended to read as follows:
  1 44    a.  "Annual standard deduction factor" means an
  1 45 index, expressed as a percentage, determined by the
  1 46 department by October 15 of the calendar year
  1 47 preceding the calendar year for which the factor is
  1 48 determined, which reflects the purchasing power of the
  1 49 dollar as a result of inflation during the fiscal year
  1 50 ending in the calendar year preceding the calendar
  2  1 year for which the factor is determined.  In
  2  2 determining the annual standard deduction factor, the
  2  3 department shall use the annual percent change, but
  2  4 not less than zero percent, in the implicit price
  2  5 deflator for the gross national product gross domestic
  2  6 product price deflator computed for the second quarter
  2  7 of the calendar year by the bureau of economic
  2  8 analysis of the United States department of commerce
  2  9 and shall add one-half all of that percent change to
  2 10 one hundred percent.  The annual standard deduction
  2 11 factor and the cumulative standard deduction factor
  2 12 shall each be expressed as a percentage rounded to the
  2 13 nearest one-tenth of one percent.  The annual standard
  2 14 deduction factor shall not be less than one hundred
  2 15 percent.
  2 16    Sec. 3.  This division of this Act, being deemed of
  2 17 immediate importance, takes effect upon enactment and
  2 18 applies to the computation of the annual inflation
  2 19 factor and annual standard deduction factor for
  2 20 calendar years beginning on or after January 1, 1996.
  2 21 The department of revenue and finance shall adjust the
  2 22 annual inflation factor and annual standard deduction
  2 23 factor previously computed for the 1996 calendar year
  2 24 to reflect the change made in the computation of those
  2 25 factors in this Act.  
  2 26                       DIVISION II
  2 27                  INHERITANCE TAXATION
  2 28    Sec. 4.  Section 450.7, subsection 1, unnumbered
  2 29 paragraph 1, Code Supplement 1995, is amended to read
  2 30 as follows:
  2 31    Except for the share of the estate passing to the
  2 32 surviving spouse, father or mother, each son and
  2 33 daughter, including legally adopted sons and daughters
  2 34 or biological sons and daughters, stepchildren, and
  2 35 grandchildren, the tax is a charge against and a lien
  2 36 upon the estate subject to tax under this chapter, and
  2 37 all property of the estate or owned by the decedent
  2 38 from the death of the decedent until paid, subject to
  2 39 the following limitation:
  2 40    Sec. 5.  Section 450.9, subsection 1, Code 1995, is
  2 41 amended to read as follows:
  2 42    1.  Surviving spouse, father or mother, son or
  2 43 daughter, including legally adopted sons and daughters
  2 44 or biological sons and daughters, stepchildren, or
  2 45 grandchild, the entire amount of property, interest in
  2 46 property, and income.
  2 47    Sec. 6.  Section 450.9, subsections 2 and 3, Code
  2 48 1995, are amended by striking the subsections.
  2 49    Sec. 7.  Section 450.10, subsection 1, unnumbered
  2 50 paragraph 1, Code 1995, is amended to read as follows:
  3  1    When the property, interest, or income passes to
  3  2 the father or mother, or to a child or a lineal
  3  3 descendant of the decedent, grantor, donor, or vendor,
  3  4 including a legally adopted child or biological child
  3  5 entitled to inherit under the laws of this state not
  3  6 included in subsection 7, the tax imposed shall be on
  3  7 the individual share so passing in excess of the
  3  8 exemptions allowed as follows:
  3  9    Sec. 8.  Section 450.10, subsection 2, unnumbered
  3 10 paragraph 1, Code 1995, is amended to read as follows:
  3 11    When the property or any interest therein in
  3 12 property, or income therefrom from property taxable
  3 13 under the provisions of this chapter passes to the
  3 14 brother or sister, son-in-law, or daughter-in-law, or
  3 15 step-children, the rate of tax imposed on the
  3 16 individual share so passing shall be as follows:
  3 17    Sec. 9.  Section 450.10, subsection 7, Code 1995,
  3 18 is amended to read as follows:
  3 19    7.  Property, interest in property, or income
  3 20 passing to the surviving spouse, father or mother, son
  3 21 or daughter, including legally adopted sons and
  3 22 daughters or biological sons and daughters, stepchild,
  3 23 or grandchild, is not taxable under this section.
  3 24    Sec. 10.  This division of this Act applies to
  3 25 estates of decedents dying on or after July 1, 1996.  
  3 26                      DIVISION III
  3 27                   SCHOOL PROPERTY TAX
  3 28    Sec. 11.  Section 257.3, subsection 1, unnumbered
  3 29 paragraph 1, Code Supplement 1995, is amended to read
  3 30 as follows:
  3 31    Except as provided in subsections 2 and 3, a A
  3 32 school district shall cause to be levied each year,
  3 33 for the school general fund, a foundation property tax
  3 34 equal to five four dollars and forty fifteen cents per
  3 35 thousand dollars of assessed valuation on all taxable
  3 36 property in the district.  The county auditor shall
  3 37 spread the foundation levy over all taxable property
  3 38 in the district.
  3 39    Sec. 12.  Section 257.3, subsections 2 and 3, Code
  3 40 Supplement 1995, are amended by striking the
  3 41 subsections.
  3 42    Sec. 13.  Section 257.3, subsection 4, Code
  3 43 Supplement 1995, is amended to read as follows:
  3 44    4.  RAILWAY CORPORATIONS.  For purposes of section
  3 45 257.1, the "amount per pupil of foundation property
  3 46 tax" does not include the tax levied under subsection
  3 47 1, 2, or 3 on the property of a railway corporation,
  3 48 or on its trustee if the corporation has been declared
  3 49 bankrupt or is in bankruptcy proceedings.
  3 50    Sec. 14.  Section 275.55, unnumbered paragraph 4,
  4  1 Code 1995, is amended by striking the unnumbered
  4  2 paragraph.
  4  3    Sec. 15.  Section 425A.3, subsection 1, Code 1995,
  4  4 is amended to read as follows:
  4  5    1.  The family farm tax credit fund shall be
  4  6 apportioned each year in the manner provided in this
  4  7 chapter so as to give a credit against the tax on each
  4  8 eligible tract of agricultural land within the several
  4  9 school districts of the state in which the levy for
  4 10 the general school fund exceeds five four dollars and
  4 11 forty fifteen cents per thousand dollars of assessed
  4 12 value.  The amount of the credit on each eligible
  4 13 tract of agricultural land shall be the amount the tax
  4 14 levied for the general school fund exceeds the amount
  4 15 of tax which would be levied on each eligible tract of
  4 16 agricultural land were the levy for the general school
  4 17 fund five four dollars and forty fifteen cents per
  4 18 thousand dollars of assessed value for the previous
  4 19 year.  However, in the case of a deficiency in the
  4 20 family farm tax credit fund to pay the credits in
  4 21 full, the credit on each eligible tract of
  4 22 agricultural land in the state shall be proportionate
  4 23 and applied as provided in this chapter.
  4 24    Sec. 16.  Section 425A.5, Code 1995, is amended to
  4 25 read as follows:
  4 26    425A.5  COMPUTATION BY COUNTY AUDITOR.
  4 27    The family farm tax credit allowed each year shall
  4 28 be computed as follows:  On or before March 1, the
  4 29 county auditor shall list by school districts all
  4 30 tracts of agricultural land which are entitled to
  4 31 credit, the taxable value for the previous year, the
  4 32 budget from each school district for the previous
  4 33 year, and the tax rate determined for the general fund
  4 34 of the school district in the manner prescribed in
  4 35 section 444.3 for the previous year, and if the tax
  4 36 rate is in excess of five four dollars and forty
  4 37 fifteen cents per thousand dollars of assessed value,
  4 38 the auditor shall multiply the tax levy which is in
  4 39 excess of five four dollars and forty fifteen cents
  4 40 per thousand dollars of assessed value by the total
  4 41 taxable value of the agricultural land entitled to
  4 42 credit in the school district, and on or before March
  4 43 1, certify the total amount of credit and the total
  4 44 number of acres entitled to the credit to the
  4 45 department of revenue and finance.
  4 46    Sec. 17.  Section 426.3, Code 1995, is amended to
  4 47 read as follows:
  4 48    426.3  WHERE CREDIT GIVEN.
  4 49    The agricultural land credit fund shall be
  4 50 apportioned each year in the manner hereinafter
  5  1 provided in this chapter so as to give a credit
  5  2 against the tax on each tract of agricultural lands
  5  3 within the several school districts of the state in
  5  4 which the levy for the general school fund exceeds
  5  5 five four dollars and forty fifteen cents per thousand
  5  6 dollars of assessed value; the amount of such credit
  5  7 on each tract of such lands shall be the amount the
  5  8 tax levied for the general school fund exceeds the
  5  9 amount of tax which would be levied on said the tract
  5 10 of such lands were the levy for the general school
  5 11 fund five four dollars and forty fifteen cents per
  5 12 thousand dollars of assessed value for the previous
  5 13 year, except in the case of a deficiency in the
  5 14 agricultural land credits fund to pay said credits in
  5 15 full, in which case the credit on each eligible tract
  5 16 of such lands in the state shall be proportionate and
  5 17 shall be applied as hereinafter provided in this
  5 18 chapter.
  5 19    Sec. 18.  Section 426.6, unnumbered paragraph 1,
  5 20 Code 1995, is amended to read as follows:
  5 21    The agricultural land tax credit allowed each year
  5 22 shall be computed as follows:  On or before the first
  5 23 of June the county auditor shall list by school
  5 24 districts all tracts of agricultural lands which they
  5 25 are entitled to credit, together with the taxable
  5 26 value for the previous year, together with the budget
  5 27 from each school district for the previous year, and
  5 28 the tax rate determined for the general fund of the
  5 29 district in the manner prescribed in section 444.3 for
  5 30 the previous year, and if such the tax rate is in
  5 31 excess of five four dollars and forty fifteen cents
  5 32 per thousand dollars of assessed value, the auditor
  5 33 shall multiply the tax levy which is in excess of five
  5 34 four dollars and forty fifteen cents per thousand
  5 35 dollars of assessed value by the total taxable value
  5 36 of the agricultural lands entitled to credit in the
  5 37 district, and on or before the first of June certify
  5 38 the amount to the department of revenue and finance.
  5 39    Sec. 19.
  5 40    1.  Sections 11 through 14 of this division of this
  5 41 Act, being deemed of immediate importance, take effect
  5 42 upon enactment, and apply to the computation of school
  5 43 foundation property taxes payable during school budget
  5 44 years beginning on or after July 1, 1996.
  5 45    2.  Sections 15 through 18 of this division of this
  5 46 Act take effect January 1, 1997, and apply to the
  5 47 computation of family farm tax credits and
  5 48 agricultural land tax credits granted for property
  5 49 taxes payable in school budget years beginning on or
  5 50 after July 1, 1997."
  6  1    #2.  Title page, by striking lines 1 through 13 and
  6  2 inserting the following:  "An Act relating to taxation
  6  3 within the state by changing the computation of the
  6  4 inflation factors for the tax brackets and standard
  6  5 deduction of the state individual income tax,
  6  6 exemptions from the state inheritance tax, and
  6  7 reducing the school district uniform levy for purposes
  6  8 of providing tax relief and providing effective and
  6  9 retroactive and other applicability date provisions." 
  6 10 
  6 11 
  6 12                              
  6 13 WAYNE D. BENNETT
  6 14 MERLIN E. BARTZ
  6 15 STEWART IVERSON, JR.
  6 16 JIM LIND
  6 17 O. GENE MADDOX
  6 18 DERRYL MCLAREN
  6 19 SF 2449.701 76
  6 20 mg/sc
     

Text: S05446                            Text: S05448
Text: S05400 - S05499                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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