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House Journal: Page 616: Tuesday, February 28, 1995

21   considered owned by the same person, if in the case
22   where the owner is an individual, the individual owns
23   or controls an entity that owns other agricultural
24   structures in the state, or if in the case where the
25   owner is an entity, a person which owns or controls
26   the entity owns or controls another entity that owns
27   other agricultural structures in the state.  Entities
28   are owned or controlled by the same person if the same
29   person directly or indirectly owns or controls more
30   than fifty percent of the assets or any class of stock
31   or who directly or indirectly has an interest of more
32   than fifty percent in the ownership or profits.
33     (3)  An owner shall file a claim for the exclusion
34   under subparagraph (1) by February 15 of the
35   assessment year for only one parcel.  The assessor
36   shall notify the owner of the acceptance of the
37   owner's claim by March 15.  An owner denied a claim or
38   had the amount of a claim reduced may appeal the
39   assessor's decision in the same manner as provided for
40   the appeal of the denial of the farm tax credit under
41   section 426.6.  Upon the filing and allowance of the
42   claim, the claim shall be allowed on that parcel for
43   successive years without further filing as long as the
44   property is legally or equitably owned by that person.
45   If ownership of the structure changes, the owner
46   wishes to file a claim for another parcel, or the
47   value significantly exceeds the exclusion amount as a
48   result of added improvements or new construction, the
49   owner must notify the assessor and refile a claim with
50   the appropriate assessor.

Page   4

 1     (4)  If an allowed claim is subsequently disallowed
 2   or the owner fails to notify the assessor as required
 3   in subparagraph (3), the person shall be subject to a
 4   civil penalty equal to the amount of property tax that
 5   would have been due but for the exclusion, plus fifty
 6   percent of such amount, and interest as provided in
 7   section 445.39.  Such person shall also no longer be
 8   eligible to receive the exclusion under subparagraph
 9   (1)."
10     6.  Page 19, line 15, by striking the figures "33,
11   34, 35," and inserting the following:  "133, 134,
12   135,".
Amendment H-3194 was adopted.
Grubbs of Scott asked and received unanimous consent to withdraw
amendment H-3120, to the committee amendment H-3030, filed by
him on February 20, 1995.
Mertz of Kossuth offered amendment H-3210, to the committee
amendment H-3030, filed by Mertz, et. al., and requested
division as follows:

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

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URL: /DOCS/GA/76GA/Session.1/HJournal/00600/00616.html
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