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House Amendment 1823

Amendment Text

PAG LIN
  1  1    Amend House File 726 as follows:
  1  2    #1.  Page 5, by inserting after line 34 the
  1  3 following:
  1  4    "Sec. 301.  NEW SECTION.  426C.1  COMMERCIAL
  1  5 PROPERTY CREDIT FUND – APPORTIONMENT – PAYMENT.
  1  6    1.  A commercial property credit fund is created.
  1  7 There is appropriated annually from the general fund
  1  8 of the state to the department of revenue and finance
  1  9 to be credited to the commercial property credit fund,
  1 10 an amount sufficient to implement this chapter.
  1 11    The director of revenue and finance shall issue
  1 12 warrants on the commercial property credit fund
  1 13 payable to the county treasurers of the several
  1 14 counties of the state under this chapter.
  1 15    "Commercial property" as used in this chapter means
  1 16 buildings and land assessed as commercial property
  1 17 which is owned by a person operating a retail business
  1 18 occupying the property and employing ten or fewer
  1 19 full-time equivalent positions.
  1 20    2.  The commercial property credit fund shall be
  1 21 apportioned each year so as to give a credit against
  1 22 the tax on each eligible commercial property in the
  1 23 state in an amount equal to the actual levy on the
  1 24 first fifteen thousand dollars of actual value for
  1 25 each eligible commercial property.
  1 26    3.  The amount due each county shall be paid in two
  1 27 payments on November 15 and March 15 of each fiscal
  1 28 year, drawn upon warrants payable to the respective
  1 29 county treasurers.  The two payments shall be as
  1 30 nearly equal as possible.
  1 31    4.  Annually the department of revenue and finance
  1 32 shall estimate the credit not to exceed the actual
  1 33 levy on the first fifteen thousand dollars of actual
  1 34 value of each eligible commercial property, and shall
  1 35 certify to the county auditor of each county the
  1 36 credit and its amount in dollars.  Each county auditor
  1 37 shall then enter the credit against the tax levied on
  1 38 each eligible commercial property in each county
  1 39 payable during the ensuing year, designating on the
  1 40 tax lists the credit as being from the commercial
  1 41 property credit fund, and credit shall then be given
  1 42 to the several taxing districts in which eligible
  1 43 commercial properties are located in an amount equal
  1 44 to the credits allowed on the taxes of the commercial
  1 45 properties.  The amount of credits shall be
  1 46 apportioned by each county treasurer to the several
  1 47 taxing districts as provided by law, in the same
  1 48 manner as though the amount of the credit had been
  1 49 paid by the owners of the commercial properties.
  1 50 However, the several taxing districts shall not draw
  2  1 the funds so credited until after the semiannual
  2  2 allocations have been received by the county
  2  3 treasurer, as provided in this chapter.  Each county
  2  4 treasurer shall show on each tax receipt the amount of
  2  5 credit received from the commercial property credit
  2  6 fund.
  2  7    5.  The commercial property tax credit allowed in
  2  8 this chapter shall not exceed the actual amount of
  2  9 taxes payable on the eligible commercial property,
  2 10 exclusive of any special assessments levied against
  2 11 the commercial property.
  2 12    Sec. 302.  NEW SECTION.  426C.2  QUALIFYING FOR
  2 13 CREDIT.
  2 14    A person who wishes to qualify for the credit
  2 15 allowed under this chapter shall obtain the
  2 16 appropriate forms for filing for the credit from the
  2 17 assessor.  The person claiming the credit shall file a
  2 18 verified statement and designation of commercial
  2 19 property with the assessor for the year for which the
  2 20 person is first claiming the credit.  The claim shall
  2 21 be filed not later than July 1 of the year for which
  2 22 the person is claiming the credit.  A claim filed
  2 23 after July 1 of the year for which the person is
  2 24 claiming the credit shall be considered as a claim
  2 25 filed for the following year.
  2 26    Upon the filing and allowance of the claim, the
  2 27 claim shall be allowed on that commercial property for
  2 28 successive years without further filing as long as the
  2 29 property is legally or equitably owned and used as
  2 30 commercial property by that person or that person's
  2 31 spouse on July 1 of each of those successive years.
  2 32 When the property is sold or transferred, the buyer or
  2 33 transferee who wishes to qualify shall refile for the
  2 34 credit.
  2 35    Sec. 303.  NEW SECTION.  426C.3  FORMS – RULES.
  2 36    The director of revenue and finance shall prescribe
  2 37 the form for the making of verified statement and
  2 38 designation of commercial property, the form for the
  2 39 supporting affidavits required herein, and such other
  2 40 forms as may be necessary for the proper
  2 41 administration of this chapter.  Whenever necessary,
  2 42 the department of revenue and finance shall forward to
  2 43 the county auditors of the several counties in the
  2 44 state the prescribed sample forms, and the county
  2 45 auditors shall furnish blank forms prepared in
  2 46 accordance therewith with the assessment rolls, books,
  2 47 and supplies delivered to the assessors.  The
  2 48 department of revenue and finance shall prescribe and
  2 49 the county auditors shall provide on the forms for
  2 50 claiming the commercial property credit a statement to
  3  1 the effect that the owner realizes that the owner must
  3  2 give written notice to the assessor when the owner
  3  3 changes the use of the property.
  3  4    The director of revenue and finance may prescribe
  3  5 rules, not inconsistent with the provisions of this
  3  6 chapter, necessary to carry out and effectuate its
  3  7 purposes."
  3  8    #2.  Page 6, by inserting after line 5 the
  3  9 following:
  3 10    "Sec.    .  Sections 301, 302, and 303 of this
  3 11 division of this Act, being deemed of immediate
  3 12 importance, take effect upon enactment.  
  3 13 
  3 14 
  3 15                               
  3 16 WITT of Black Hawk 
  3 17 
  3 18 
  3 19                               
  3 20 OSTERHAUS of Jackson 
  3 21 HF 726.703 77
  3 22 mg/sc/28
     

Text: H01822                            Text: H01824
Text: H01800 - H01899                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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