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Text: S05573                            Text: S05575
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Senate Amendment 5574

Amendment Text

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

Text: S05573                            Text: S05575
Text: S05500 - S05599                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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