Text: H01956                            Text: H01958
Text: H01900 - H01999                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 1957

Amendment Text

PAG LIN
  1  1    Amend House File 266, as passed by the House, as
  1  2 follows:
  1  3    #1.  By striking everything after the enacting
  1  4 clause and inserting the following:
  1  5    "Section 1.  Section 321.19, subsection 1,
  1  6 unnumbered paragraph 2, Code 1997, is amended to read
  1  7 as follows:
  1  8    The department shall furnish, on application, free
  1  9 of charge, distinguishing plates for vehicles thus
  1 10 exempted, which plates except plates on Iowa highway
  1 11 safety patrol vehicles shall bear the word "official"
  1 12 and the department shall keep a separate record.
  1 13 Registration plates issued for Iowa highway safety
  1 14 patrol vehicles, except unmarked patrol vehicles,
  1 15 shall bear two red stars on a yellow background, one
  1 16 before and one following the registration number on
  1 17 the plate, which registration number shall be the
  1 18 officer's badge number.  Registration plates issued
  1 19 for a county sheriff's patrol vehicles shall display
  1 20 one seven-pointed gold star followed by the letter "S"
  1 21 and the call number of the vehicle.  However, the
  1 22 director of general services or the director of
  1 23 transportation may order the issuance of regular
  1 24 registration plates for any exempted vehicle used by
  1 25 peace officers in the enforcement of the law, persons
  1 26 enforcing chapter 124 and other laws relating to
  1 27 controlled substances, persons in the department of
  1 28 justice, the alcoholic beverages division of the
  1 29 department of commerce, and the department of
  1 30 inspections and appeals, and the department of revenue
  1 31 and finance, who are regularly assigned to conduct
  1 32 investigations which cannot reasonably be conducted
  1 33 with a vehicle displaying "official" state
  1 34 registration plates, and persons in the lottery
  1 35 division of the department of revenue and finance
  1 36 whose regularly assigned duties relating to security
  1 37 or the carrying of lottery tickets cannot reasonably
  1 38 be conducted with a vehicle displaying "official"
  1 39 registration plates.  For purposes of sale of exempted
  1 40 vehicles, the exempted governmental body, upon the
  1 41 sale of the exempted vehicle, may issue for in-transit
  1 42 purposes a pasteboard card bearing the words "Vehicle
  1 43 in Transit", the name of the official body from which
  1 44 the vehicle was purchased, together with the date of
  1 45 the purchase plainly marked in at least one-inch
  1 46 letters, and other information required by the
  1 47 department.  The in-transit card is valid for use only
  1 48 within forty-eight hours after the purchase date as
  1 49 indicated on the bill of sale which shall be carried
  1 50 by the driver.
  2  1    Sec. 2.  Section 331.427, subsection 1, unnumbered
  2  2 paragraph 1, Code 1997, is amended to read as follows:
  2  3    Except as otherwise provided by state law, county
  2  4 revenues from taxes and other sources for general
  2  5 county services shall be credited to the general fund
  2  6 of the county, including revenues received under
  2  7 sections 101A.3, 101A.7, 123.36, 123.143, 142B.6,
  2  8 176A.8, 321.105, 321.152, 321G.7, 331.554, subsection
  2  9 6, 341A.20, 364.3, 368.21, 422.65, 422A.2, 428A.8,
  2 10 430A.3, 433.15, 434.19, 445.57, 453A.35, 458A.21,
  2 11 483A.12, 533.24, 556B.1, 567.10, 583.6, 602.8108,
  2 12 904.908, and 906.17, and chapter 405A, and the
  2 13 following:
  2 14    Sec. 3.  NEW SECTION.  405A.10  FRANCHISE TAX
  2 15 REVENUE ALLOCATION.
  2 16    For the fiscal year beginning July 1, 1997, and
  2 17 each subsequent fiscal year, there is appropriated
  2 18 from the general fund of the state to the department
  2 19 of revenue and finance the sum of eight million eight
  2 20 hundred thousand dollars which shall be paid quarterly
  2 21 on warrants by the director as allocated pursuant to
  2 22 section 422.65.
  2 23    Sec. 4.  Section 421.4, Code 1997, is amended to
  2 24 read as follows:
  2 25    421.4  DEPUTIES.
  2 26    The director may appoint deputy directors and may
  2 27 designate one or more of the deputies as acting
  2 28 director.  A deputy designated to serve in the absence
  2 29 of the director has all of the powers possessed by the
  2 30 director.  The director may employ certified public
  2 31 accountants, engineering and technical assistants, and
  2 32 other employees, or independent contractors necessary
  2 33 to protect the interests of the state and any
  2 34 political subdivision.
  2 35    Sec. 5.  Section 421.17, subsection 21, paragraph
  2 36 b, subparagraph (3), Code 1997, is amended to read as
  2 37 follows:
  2 38    (3)  The child support recovery unit, the foster
  2 39 care recovery unit, and the investigations division of
  2 40 the department of inspections and appeals shall, at
  2 41 least annually, submit to the department of revenue
  2 42 and finance for setoff the debts described in this
  2 43 subsection, which are at least fifty dollars
  2 44 constituting a minimum amount determined by rule of
  2 45 the department of revenue and finance, on a date to be
  2 46 specified by the department of human services and the
  2 47 department of inspections and appeals by rule.
  2 48    Sec. 6.  Section 421.17, Code 1997, is amended by
  2 49 adding the following new subsection:
  2 50    NEW SUBSECTION.  22A.  To develop, modify, or
  3  1 contract with vendors to create or administer systems
  3  2 or programs which identify nonfilers of returns or
  3  3 nonpayers of taxes administered by the department.
  3  4 Fees for services, reimbursements, or other
  3  5 remuneration paid under contract may be funded from
  3  6 the amount of tax, penalty, interest, or fees actually
  3  7 collected and shall be paid only after the amount is
  3  8 collected.  An amount is appropriated from the amount
  3  9 of tax, penalty, interest, and fees actually
  3 10 collected, not to exceed the amount collected, which
  3 11 are sufficient to pay for services, reimbursement, or
  3 12 other remuneration pursuant to this subsection.
  3 13 Vendors entering into a contract with the department
  3 14 pursuant to this subsection are subject to the
  3 15 requirements and penalties of the confidentiality laws
  3 16 of this state regarding tax information.
  3 17    Sec. 7.  Section 421.17, subsection 23, paragraphs
  3 18 c, d, and g, Code 1997, are amended to read as
  3 19 follows:
  3 20    c.  The college student aid commission shall, at
  3 21 least annually, submit to the department of revenue
  3 22 and finance for setoff the guaranteed student loan
  3 23 defaults, which are at least fifty dollars
  3 24 constituting a minimum amount set by rule of the
  3 25 department of revenue and finance, on a date or dates
  3 26 to be specified by the college student aid commission
  3 27 by rule.
  3 28    d.  Upon submission of a claim, the department of
  3 29 revenue and finance shall notify the college student
  3 30 aid commission whether the defaulter is entitled to a
  3 31 refund or rebate of at least fifty dollars the minimum
  3 32 amount set by rule of the department and if so
  3 33 entitled shall notify the commission of the amount of
  3 34 the refund or rebate and of the defaulter's address on
  3 35 the income tax return.  Section 422.72, subsection 1,
  3 36 does not apply to this paragraph.
  3 37    g.  The department of revenue and finance shall,
  3 38 after notice has been sent to the defaulter by the
  3 39 college student aid commission, set off the amount of
  3 40 the default against the defaulter's income tax refund
  3 41 or rebate if both the amount of the default and the
  3 42 refund or rebate are at least fifty dollars
  3 43 constituting a minimum amount set by rule of the
  3 44 department.  The department shall refund any balance
  3 45 of the income tax refund or rebate to the defaulter.
  3 46 The department of revenue and finance shall
  3 47 periodically transfer the amount set off to the
  3 48 college student aid commission.  If the defaulter
  3 49 gives written notice of intent to contest the claim,
  3 50 the commission shall hold the refund or rebate until
  4  1 final disposition of the contested claim pursuant to
  4  2 chapter 17A or by court judgment.  The commission
  4  3 shall notify the defaulter in writing upon completion
  4  4 of setoff.
  4  5    Sec. 8.  Section 421.17, subsection 25, paragraph
  4  6 c, Code 1997, is amended to read as follows:
  4  7    c.  The clerk of the district court, on the first
  4  8 day of February and August of each calendar year,
  4  9 shall submit to the department for setoff the debts
  4 10 described in this subsection, which are at least fifty
  4 11 dollars constituting a minimum amount set by rule of
  4 12 the department.
  4 13    Sec. 9.  Section 421.17, subsection 29, paragraphs
  4 14 a and e, Code 1997, are amended to read as follows:
  4 15    a.  For purposes of this subsection unless the
  4 16 context requires otherwise:
  4 17    (1)  "State agency" means a board, commission,
  4 18 department, including the department of revenue and
  4 19 finance, or other administrative office or unit of the
  4 20 state of Iowa or any other state entity reported in
  4 21 the Iowa comprehensive annual financial report.  The
  4 22 term "state agency" does not include the general
  4 23 assembly, the governor, or any political subdivision
  4 24 of the state, or its offices and units.
  4 25    (2)  "Department" means the department of revenue
  4 26 and finance and any other state agency that maintains
  4 27 a separate accounting system and elects to establish a
  4 28 debt collection setoff procedure for collection of
  4 29 debts owed to the state or its agencies.
  4 30    (3)  The term "person" does not include a state
  4 31 agency.
  4 32    e.  Before setoff, the amount of a person's claim
  4 33 on a state agency and the amount of a person's
  4 34 liability to a state agency shall be at least fifty
  4 35 dollars constitute a minimum amount set by rule of the
  4 36 department.
  4 37    Sec. 10.  NEW SECTION.  421.61  UNCONSTITUTIONALLY
  4 38 WITHHELD TAX BENEFITS.
  4 39    If a provision in the Code grants a tax benefit to
  4 40 taxpayers that is unconstitutionally withheld from
  4 41 other taxpayers as expressed in an Iowa attorney
  4 42 general's opinion based upon decisions of the Iowa
  4 43 supreme court, United States supreme court, or other
  4 44 courts of competent jurisdiction, the tax benefit
  4 45 shall also be granted to the adversely affected
  4 46 taxpayers as if the unconstitutional provision did not
  4 47 exist.
  4 48    Sec. 11.  Section 422.5, subsection 1, paragraph j,
  4 49 subparagraph (2), unnumbered paragraph 1, Code 1997,
  4 50 is amended to read as follows:
  5  1    The tax imposed upon the taxable income of a
  5  2 resident shareholder in a value-added corporation
  5  3 which has in effect for the tax year an election under
  5  4 subchapter S of the Internal Revenue Code and carries
  5  5 on business within and without the state may be
  5  6 computed by reducing the amount determined pursuant to
  5  7 paragraphs "a" through "i" by the amounts of
  5  8 nonrefundable credits under this division and by
  5  9 multiplying this resulting amount by a fraction of
  5 10 which the resident's net income allocated to Iowa, as
  5 11 determined in section 422.8, subsection 2, paragraph
  5 12 "b", is the numerator and the resident's total net
  5 13 income computed under section 422.7 is the
  5 14 denominator.  If a resident shareholder has elected to
  5 15 take advantage of this subparagraph, and for the next
  5 16 tax year elects not to take advantage of this
  5 17 subparagraph, the resident shareholder shall not
  5 18 reelect to take advantage of this subparagraph for the
  5 19 three tax years immediately following the first tax
  5 20 year for which the shareholder elected not to take
  5 21 advantage of this subparagraph, unless the director
  5 22 consents to the reelection.  This paragraph
  5 23 subparagraph also applies to individuals who are
  5 24 residents of Iowa for less than the entire tax year.
  5 25    Sec. 12.  Section 422.20, subsection 3, unnumbered
  5 26 paragraph 1, Code 1997, is amended to read as follows:
  5 27    Unless otherwise expressly permitted by section
  5 28 421.17, subsections 21, 22, 22A, 23, 25, 29, and 32,
  5 29 sections 252B.9, 421.19, 421.28, 422.72, and 452A.63,
  5 30 and this section, a tax return, return information, or
  5 31 investigative or audit information shall not be
  5 32 divulged to any person or entity, other than the
  5 33 taxpayer, the department, or internal revenue service
  5 34 for use in a matter unrelated to tax administration.
  5 35    Sec. 13.  Section 422.32, subsection 4, Code 1997,
  5 36 is amended to read as follows:
  5 37    4.  "Corporation" includes joint stock companies,
  5 38 and associations organized for pecuniary profit, and
  5 39 publicly traded partnerships and limited liability
  5 40 companies taxed as corporations under the Internal
  5 41 Revenue Code.
  5 42    Sec. 14.  Section 422.42, subsections 1 and 14,
  5 43 Code 1997, are amended to read as follows:
  5 44    1.  "Agricultural production" includes the
  5 45 production of flowering, ornamental, or vegetable
  5 46 plants in commercial greenhouses or otherwise and
  5 47 production from aquaculture.  "Agricultural products"
  5 48 include flowering, ornamental, or vegetable plants and
  5 49 those products of aquaculture.
  5 50    14.  "Retail sale" or "sale at retail" means the
  6  1 sale to a consumer or to any person for any purpose,
  6  2 other than for processing, for resale of tangible
  6  3 personal property or taxable services, or for resale
  6  4 of tangible personal property in connection with
  6  5 taxable services; and includes the sale of gas,
  6  6 electricity, water, and communication service to
  6  7 retail consumers or users; but does not include
  6  8 agricultural breeding livestock and domesticated fowl;
  6  9 and does not include commercial fertilizer,
  6 10 agricultural limestone, herbicide, pesticide,
  6 11 insecticide, food, medication, or agricultural drain
  6 12 tile, including installation of agricultural drain
  6 13 tile, any of which are to be used in disease control,
  6 14 weed control, insect control, or health promotion of
  6 15 plants or livestock produced as part of agricultural
  6 16 production for market; and does not include
  6 17 electricity, steam, or any taxable service when
  6 18 purchased and used in the processing of tangible
  6 19 personal property intended to be sold ultimately at
  6 20 retail.  When used by a manufacturer of food products,
  6 21 carbon dioxide in a liquid, solid, or gaseous form,
  6 22 electricity, steam, and other taxable services are
  6 23 sold for processing when used to produce marketable
  6 24 food products for human consumption, including but not
  6 25 limited to, treatment of material to change its form,
  6 26 context, or condition, in order to produce the food
  6 27 product, maintenance of quality or integrity of the
  6 28 food product, changing or maintenance of temperature
  6 29 levels necessary to avoid spoilage or to hold the food
  6 30 product in marketable condition, maintenance of
  6 31 environmental conditions necessary for the safe or
  6 32 efficient use of machinery and material used to
  6 33 produce the food product, sanitation and quality
  6 34 control activities, formation of packaging, placement
  6 35 into shipping containers, and movement of the material
  6 36 or food product until shipment from the building of
  6 37 manufacture.  Tangible personal property is sold for
  6 38 processing within the meaning of this subsection only
  6 39 when it is intended that the property will, by means
  6 40 of fabrication, compounding, manufacturing, or
  6 41 germination become an integral part of other tangible
  6 42 personal property intended to be sold ultimately at
  6 43 retail; or will be consumed as fuel in creating heat,
  6 44 power, or steam for processing including grain drying,
  6 45 or for providing heat or cooling for livestock
  6 46 buildings or for greenhouses or buildings or parts of
  6 47 buildings dedicated to the production of flowering,
  6 48 ornamental, or vegetable plants intended for sale in
  6 49 the ordinary course of business, or for use in
  6 50 cultivation of agricultural products by aquaculture,
  7  1 or for generating electric current, or in implements
  7  2 of husbandry engaged in agricultural production; or
  7  3 the property is a chemical, solvent, sorbent, or
  7  4 reagent, which is directly used and is consumed,
  7  5 dissipated, or depleted, in processing personal
  7  6 property which is intended to be sold ultimately at
  7  7 retail or consumed in the maintenance or repair of
  7  8 fabric or clothing, and which may not become a
  7  9 component or integral part of the finished product.
  7 10 The distribution to the public of free newspapers or
  7 11 shoppers guides is a retail sale for purposes of the
  7 12 processing exemption.
  7 13    Sec. 15.  Section 422.43, Code 1997, is amended by
  7 14 adding the following new subsection:
  7 15    NEW SUBSECTION.  12.  A tax of five percent is
  7 16 imposed upon the gross receipts from the sales of
  7 17 prepaid telephone calling cards and prepaid
  7 18 authorization numbers.  For the purpose of this
  7 19 division, the sales of prepaid telephone calling cards
  7 20 and prepaid authorization numbers are sales of
  7 21 tangible personal property.
  7 22    Sec. 16.  Section 422.45, subsection 7, unnumbered
  7 23 paragraph 1, Code 1997, is amended to read as follows:
  7 24    A private nonprofit educational institution in this
  7 25 state, nonprofit private museum in this state, tax-
  7 26 certifying or tax-levying body or governmental
  7 27 subdivision of the state, including the state board of
  7 28 regents, state department of human services, state
  7 29 department of transportation, a municipally owned
  7 30 solid waste facility which sells all or part of its
  7 31 processed waste as fuel to a municipally owned public
  7 32 utility, and all divisions, boards, commissions,
  7 33 agencies, or instrumentalities of state, federal,
  7 34 county, or municipal government which do not have
  7 35 earnings going to the benefit of an equity investor or
  7 36 stockholder, may make application to the department
  7 37 for the refund of the sales, services, or use tax upon
  7 38 the gross receipts of all sales of goods, wares, or
  7 39 merchandise, or from services rendered, furnished, or
  7 40 performed, to a contractor, used in the fulfillment of
  7 41 a written contract with the state of Iowa, any
  7 42 political subdivision of the state, or a division,
  7 43 board, commission, agency, or instrumentality of the
  7 44 state or a political subdivision, a private nonprofit
  7 45 educational institution in this state, or a nonprofit
  7 46 private museum in this state if the property becomes
  7 47 an integral part of the project under contract and at
  7 48 the completion of the project becomes public property,
  7 49 is devoted to educational uses, or becomes a nonprofit
  7 50 private museum; except goods, wares, or merchandise,
  8  1 or services rendered, furnished, or performed used in
  8  2 the performance of any contract in connection with the
  8  3 operation of any municipal utility engaged in selling
  8  4 gas, electricity, or heat to the general public or in
  8  5 connection with the operation of a municipal pay
  8  6 television system; and except goods, wares, and
  8  7 merchandise used in the performance of a contract for
  8  8 a "project" under chapter 419 as defined in that
  8  9 chapter other than goods, wares, or merchandise used
  8 10 in the performance of a contract for a "project" under
  8 11 chapter 419 for which a bond issue was approved by a
  8 12 municipality prior to July 1, 1968, or for which the
  8 13 goods, wares, or merchandise becomes an integral part
  8 14 of the project under contract and at the completion of
  8 15 the project becomes public property or is devoted to
  8 16 educational uses.
  8 17    Sec. 17.  Section 422.45, subsection 18, Code 1997,
  8 18 is amended to read as follows:
  8 19    18.  Gross receipts from the sale of tangible
  8 20 personal property, except vehicles subject to
  8 21 registration, to a person regularly engaged in the
  8 22 business of leasing if the period of the lease is for
  8 23 more than one year five months, or in the consumer
  8 24 rental purchase business if the property is to be
  8 25 utilized in a transaction involving a consumer rental
  8 26 purchase agreement as defined in section 537.3604,
  8 27 subsection 8, and the leasing or consumer rental of
  8 28 the property is subject to taxation under this
  8 29 division.  If tangible personal property exempt under
  8 30 this subsection is made use of for any purpose other
  8 31 than leasing, renting, or consumer rental purchase,
  8 32 the person claiming the exemption under this
  8 33 subsection is liable for the tax that would have been
  8 34 due except for this subsection.  The tax shall be
  8 35 computed upon the original purchase price.  The
  8 36 aggregate of the tax paid on the leasing, renting, or
  8 37 rental purchase of such tangible personal property,
  8 38 not to exceed the amount of the sales tax owed, shall
  8 39 be credited against the tax.  This sales tax is in
  8 40 addition to any sales or use tax that may be imposed
  8 41 as a result of the disposal of such tangible personal
  8 42 property.
  8 43    Sec. 18.  Section 422.45, subsection 39, paragraphs
  8 44 a and c, Code 1997, are amended to read as follows:
  8 45    a.  The implement, machinery, or equipment is
  8 46 directly and primarily used in livestock or dairy
  8 47 production, use in aquaculture production, or in the
  8 48 production of flowering, ornamental, or vegetable
  8 49 plants.
  8 50    c.  The replacement part is essential to any repair
  9  1 or reconstruction necessary to the farm machinery's or
  9  2 equipment's exempt use in livestock or dairy
  9  3 production, use in aquaculture production, or in the
  9  4 production of flowering, ornamental, or vegetable
  9  5 plants.
  9  6    Sec. 19.  Section 422.47, subsection 4, paragraph
  9  7 f, Code 1997, is amended to read as follows:
  9  8    f.  In this section, "fuel" includes gas,
  9  9 electricity, water, heat, steam, and any other
  9 10 tangible personal property consumed in creating heat,
  9 11 power, or steam.  In this section, "fuel consumed in
  9 12 processing" means fuel used or disposed of for
  9 13 processing including grain drying, for providing heat
  9 14 or cooling for livestock buildings or for greenhouses
  9 15 or buildings or parts of buildings dedicated to the
  9 16 production of flowering, ornamental, or vegetable
  9 17 plants intended for sale in the ordinary course of
  9 18 business, for use in aquaculture production, or for
  9 19 generating electric current, or in implements of
  9 20 husbandry engaged in agricultural production.  In this
  9 21 subsection, "fuel exemption certificate" means an
  9 22 exemption certificate given by the purchaser under
  9 23 penalty of perjury to assist retailers in properly
  9 24 accounting for nontaxable sales of fuel consumed in
  9 25 processing.  In this subsection, "substantial change"
  9 26 means a change in the use or disposition of tangible
  9 27 personal property and services by the purchaser such
  9 28 that the purchaser pays less than ninety percent of
  9 29 the purchaser's actual sales tax liability.  A change
  9 30 includes a misstatement of facts in an application
  9 31 made pursuant to paragraph "c" or in a fuel exemption
  9 32 certificate.
  9 33    Sec. 20.  Section 422.53, Code 1997, is amended by
  9 34 adding the following new subsection:
  9 35    NEW SUBSECTION.  8.  a.  Except as provided in
  9 36 paragraph "b", purchasers, users, and consumers of
  9 37 tangible personal property or enumerated services
  9 38 taxed pursuant to this division, chapter 423, or
  9 39 chapter 422B, may be authorized, pursuant to rules
  9 40 adopted by the director, to remit tax owed directly to
  9 41 the department instead of the tax being collected and
  9 42 paid by the seller.  To qualify for a direct pay tax
  9 43 permit, the purchaser, user, or consumer must accrue a
  9 44 tax liability of more than four thousand dollars in
  9 45 tax under this division and chapter 423, in a
  9 46 semimonthly period and make deposits and file returns
  9 47 pursuant to section 422.52.  This authority shall not
  9 48 be granted or exercised except upon application to the
  9 49 director and then only after issuance by the director
  9 50 of a direct pay tax permit.
 10  1    b.  The granting of a direct pay tax permit is not
 10  2 authorized for any of the following:
 10  3    (1)  Taxes imposed on the sales, furnishing, or
 10  4 service of gas, electricity, water, heat, pay
 10  5 television service, and communication service.
 10  6    (2)  Taxes imposed under sections 423.7 and 423.7A
 10  7 and chapter 422C.
 10  8    Sec. 21.  Section 422.65, Code 1997, is amended to
 10  9 read as follows:
 10 10    422.65  ALLOCATION OF REVENUE.
 10 11    All moneys received from the franchise tax shall be
 10 12 deposited in the state general fund.  Commencing with
 10 13 the fiscal year beginning July 1, 1993, there is
 10 14 appropriated for each fiscal year from the franchise
 10 15 tax money received and deposited in the state general
 10 16 fund the sum of eight million eight hundred thousand
 10 17 dollars which shall be paid quarterly on warrants by
 10 18 the director, after certification by the director,
 10 19 Franchise tax moneys appropriated in section 405A.10
 10 20 are allocated as follows:
 10 21    1.  Sixty percent to the general fund of the city
 10 22 from which the tax is collected.
 10 23    2.  Forty percent to the county from which the tax
 10 24 is collected.
 10 25    If the financial institution maintains one or more
 10 26 offices for the transaction of business, other than
 10 27 its principal office, a portion of its franchise tax
 10 28 shall be allocated to each office, based upon a
 10 29 reasonable measure of the business activity of each
 10 30 office.  The director shall prescribe, for each type
 10 31 of financial institution, a method of measuring the
 10 32 business activity of each office.  Financial
 10 33 institutions shall furnish all necessary information
 10 34 for this purpose at the request of the director.
 10 35    Quarterly, the director shall certify to the
 10 36 treasurer of state the amounts to be paid to each city
 10 37 and county from the state general fund.  All moneys
 10 38 received from the franchise tax are appropriated
 10 39 according to the provisions of this section.
 10 40    Sec. 22.  Section 422.72, subsection 3, unnumbered
 10 41 paragraph 1, Code 1997, is amended to read as follows:
 10 42    Unless otherwise expressly permitted by section
 10 43 421.17, subsections 21, 22, 22A, 23, 25, 29, and 32,
 10 44 sections 252B.9, 421.19, 421.28, 422.20, and 452A.63,
 10 45 and this section, a tax return, return information, or
 10 46 investigative or audit information shall not be
 10 47 divulged to any person or entity, other than the
 10 48 taxpayer, the department, or internal revenue service
 10 49 for use in a matter unrelated to tax administration.
 10 50    Sec. 23.  Section 422.72, Code 1997, is amended by
 11  1 adding the following new subsection:
 11  2    NEW SUBSECTION.  7.  Notwithstanding subsection 3,
 11  3 the director shall provide state tax returns and
 11  4 return information in response to a subpoena issued by
 11  5 the court pursuant to rule of criminal procedure 5
 11  6 commanding the appearance before the attorney general
 11  7 or an assistant attorney general if the subpoena is
 11  8 accompanied by affidavits from such person and from a
 11  9 sworn peace officer member of the department of public
 11 10 safety affirming that the information is necessary for
 11 11 the investigation of a felony violation of chapter 124
 11 12 or chapter 706B.  The affidavits accompanying the
 11 13 subpoenas and the information provided by the director
 11 14 shall remain a confidential record which may be
 11 15 disseminated only to a prosecutor or peace officer
 11 16 involved in the investigation, or to the taxpayer who
 11 17 filed the information and to the court in connection
 11 18 with the filing of criminal charges or institution of
 11 19 a forfeiture action.  A person who knowingly files a
 11 20 false affidavit with the director to secure
 11 21 information or who divulges information received under
 11 22 this subsection in a manner prohibited by this
 11 23 subsection commits a serious misdemeanor.
 11 24    Sec. 24.  Section 423.1, subsection 8, Code 1997,
 11 25 is amended to read as follows:
 11 26    8.  "Retailer maintaining a place of business in
 11 27 this state" or any like term includes any retailer
 11 28 having or maintaining within this state, directly or
 11 29 by a subsidiary, an office, distribution house, sales
 11 30 house, warehouse, or other place of business, or any
 11 31 agent representative operating within this state under
 11 32 the authority of the retailer or its subsidiary,
 11 33 irrespective of whether such that place of business or
 11 34 agent representative is located here permanently or
 11 35 temporarily, or whether the retailer or subsidiary is
 11 36 admitted to do business within this state pursuant to
 11 37 chapter 490.
 11 38    Sec. 25.  Section 423.25, Code 1997, is amended to
 11 39 read as follows:
 11 40    423.25  TAXATION IN ANOTHER STATE.
 11 41    If any person who causes tangible personal property
 11 42 to be brought into this state or who uses in this
 11 43 state services enumerated in section 422.43 has
 11 44 already paid a tax in another state in respect to the
 11 45 sale or use of the property or the performance of the
 11 46 service, or an occupation tax in respect to the
 11 47 property or service, in an amount less than the tax
 11 48 imposed by this title, the provisions of this title
 11 49 shall apply, but at a rate measured by the difference
 11 50 only between the rate fixed in this title and the rate
 12  1 by which the previous tax on the sale or use, or the
 12  2 occupation tax, was computed.  If the tax imposed and
 12  3 paid in the other state is equal to or more than the
 12  4 tax imposed by this title, then a tax is not due in
 12  5 this state on the personal property or service.
 12  6    Sec. 26.  Section 425.7, subsection 3, Code 1997,
 12  7 is amended to read as follows:
 12  8    3.  If the director of revenue and finance
 12  9 determines that a claim for homestead credit has been
 12 10 allowed by the board of supervisors which is not
 12 11 justifiable under the law and not substantiated by
 12 12 proper facts, the director may, at any time within
 12 13 thirty-six months from July 1 of the year in which the
 12 14 claim is allowed, set aside the allowance.  Notice of
 12 15 the disallowance shall be given to the county auditor
 12 16 of the county in which the claim has been improperly
 12 17 granted and a written notice of the disallowance shall
 12 18 also be addressed to the claimant at the claimant's
 12 19 last known address.  The claimant or board of
 12 20 supervisors may appeal to the state board of tax
 12 21 review pursuant to section 421.1, subsection 4.  The
 12 22 claimant or the board of supervisors may seek judicial
 12 23 review of the action of the director of revenue and
 12 24 finance state board of tax review in accordance with
 12 25 the Iowa administrative procedure Act chapter 17A.
 12 26    If a claim is disallowed by the director of revenue
 12 27 and finance and not appealed to the state board of tax
 12 28 review or appealed to and upheld by the state board of
 12 29 tax review and a petition for judicial review is not
 12 30 filed with respect to the disallowance, any amounts of
 12 31 credits allowed and paid from the homestead credit
 12 32 fund including the penalty, if any, become a lien upon
 12 33 the property on which credit was originally granted,
 12 34 if still in the hands of the claimant, and not in the
 12 35 hands of a bona fide purchaser, and any amount so
 12 36 erroneously paid including the penalty, if any, shall
 12 37 be collected by the county treasurer in the same
 12 38 manner as other taxes and the collections shall be
 12 39 returned to the department of revenue and finance and
 12 40 credited to the homestead credit fund.  The director
 12 41 of revenue and finance may institute legal proceedings
 12 42 against a homestead credit claimant for the collection
 12 43 of payments made on disallowed credits and the
 12 44 penalty, if any.  If a homestead credit is disallowed
 12 45 and the claimant failed to give written notice to the
 12 46 assessor as required by section 425.2 when the
 12 47 property ceased to be used as a homestead by the
 12 48 claimant, a civil penalty equal to fifty percent of
 12 49 the amount of the disallowed credit is assessed
 12 50 against the claimant.
 13  1    Sec. 27.  Section 426A.6, Code 1997, is amended to
 13  2 read as follows:
 13  3    426A.6  SETTING ASIDE ALLOWANCE.
 13  4    If the director of revenue and finance determines
 13  5 that a claim for military service tax exemption has
 13  6 been allowed by a board of supervisors which is not
 13  7 justifiable under the law and not substantiated by
 13  8 proper facts, the director may, at any time within
 13  9 thirty-six months from July 1 of the year in which the
 13 10 claim is allowed, set aside the allowance.  Notice of
 13 11 the disallowance shall be given to the county auditor
 13 12 of the county in which the claim has been improperly
 13 13 granted and a written notice of the disallowance shall
 13 14 also be addressed to the claimant at the claimant's
 13 15 last known address.  The claimant or the board of
 13 16 supervisors may appeal to the state board of tax
 13 17 review pursuant to section 421.1, subsection 4.  The
 13 18 claimant or the board of supervisors may seek judicial
 13 19 review of the action of the director of revenue and
 13 20 finance state board of tax review in accordance with
 13 21 chapter 17A.  If a claim is disallowed by the director
 13 22 of revenue and finance and not appealed to the state
 13 23 board of tax review or appealed to and upheld by the
 13 24 state board of tax review and a petition for judicial
 13 25 review is not filed with respect to the disallowance,
 13 26 the credits allowed and paid from the general fund of
 13 27 the state become a lien upon the property on which the
 13 28 credit was originally granted, if still in the hands
 13 29 of the claimant and not in the hands of a bona fide
 13 30 purchaser, the amount so erroneously paid shall be
 13 31 collected by the county treasurer in the same manner
 13 32 as other taxes, and the collections shall be returned
 13 33 to the department of revenue and finance and credited
 13 34 to the general fund of the state.  The director of
 13 35 revenue and finance may institute legal proceedings
 13 36 against a military service tax exemption claimant for
 13 37 the collection of payments made on disallowed
 13 38 exemptions.
 13 39    Sec. 28.  Section 426B.1, subsection 1, Code 1997,
 13 40 is amended to read as follows:
 13 41    1.  A property tax relief fund is created in the
 13 42 state treasury under the authority of the department
 13 43 of revenue and finance human services.  The fund shall
 13 44 be separate from the general fund of the state and
 13 45 shall not be considered part of the general fund of
 13 46 the state except in determining the cash position of
 13 47 the state for payment of state obligations.  The
 13 48 moneys in the fund are not subject to the provisions
 13 49 of section 8.33 and shall not be transferred, used,
 13 50 obligated, appropriated, or otherwise encumbered
 14  1 except as provided in this chapter.  Moneys in the
 14  2 fund may be used for cash flow purposes, provided that
 14  3 any moneys so allocated are returned to the fund by
 14  4 the end of each fiscal year.  However, the fund shall
 14  5 be considered a special account for the purposes of
 14  6 section 8.53, relating to elimination of any GAAP
 14  7 deficit.  For the purposes of this chapter, unless the
 14  8 context otherwise requires, "property tax relief fund"
 14  9 means the property tax relief fund created in this
 14 10 section.
 14 11    Sec. 29.  Section 426B.4, Code 1997, is amended to
 14 12 read as follows:
 14 13    426B.4  RULES.
 14 14    The council on human services shall consult with
 14 15 the state-county management committee created in
 14 16 section 331.438 and the director of revenue and
 14 17 finance human services in prescribing forms and
 14 18 adopting rules pursuant to chapter 17A to administer
 14 19 this chapter.
 14 20    Sec. 30.  Section 427.1, subsection 16, Code 1997,
 14 21 is amended to read as follows:
 14 22    16.  REVOKING EXEMPTION.  Any taxpayer or any
 14 23 taxing district may make application to the director
 14 24 of revenue and finance for revocation for any
 14 25 exemption, based upon alleged violations of this
 14 26 chapter.  The director of revenue and finance may also
 14 27 on the director's own motion set aside any exemption
 14 28 which has been granted upon property for which
 14 29 exemption is claimed under this chapter.  The director
 14 30 of revenue and finance shall give notice by mail to
 14 31 the taxpayer or taxing district applicant and to the
 14 32 societies or organizations claiming an exemption upon
 14 33 property, exemption of which is questioned before or
 14 34 by the director of revenue and finance, and shall hold
 14 35 a hearing prior to issuing any order for revocation.
 14 36 An order made by the director of revenue and finance
 14 37 revoking or modifying an exemption is subject to
 14 38 judicial review in accordance with chapter 17A, the
 14 39 Iowa administrative procedure Act.  Notwithstanding
 14 40 the terms of that Act, petitions for judicial review
 14 41 may be filed in the district court having jurisdiction
 14 42 in the county in which the property is located, and
 14 43 must be filed within thirty days after any order
 14 44 revoking an exemption is made by the director of
 14 45 revenue and finance.
 14 46    Sec. 31.  Section 427.5, unnumbered paragraphs 1
 14 47 and 2, Code 1997, are amended to read as follows:
 14 48    A person named in section 427.3, who is a resident
 14 49 of and domiciled in the state of Iowa, shall receive a
 14 50 reduction equal to the exemption, to be made from any
 15  1 property owned by the person or owned by a family farm
 15  2 corporation of which the person is a shareholder and
 15  3 who occupies the property and so designated by
 15  4 proceeding as provided in the section.  To be eligible
 15  5 to receive the exemption the person claiming it shall
 15  6 have recorded in the office of the county recorder of
 15  7 the county in which is located the property designated
 15  8 for the exemption, evidence of property ownership by
 15  9 that person or the family farm corporation of which
 15 10 the person is a shareholder and the military
 15 11 certificate of satisfactory service, order
 15 12 transferring to inactive status, reserve, retirement,
 15 13 order of separation from service, honorable discharge
 15 14 or a copy of any of these documents of the person
 15 15 claiming or through whom is claimed the exemption.
 15 16    The person shall file with the appropriate assessor
 15 17 on forms obtained from the assessor the claim for
 15 18 exemption for the year for which the person is first
 15 19 claiming the exemption.  The claim shall be filed not
 15 20 later than July 1 of the year for which the person is
 15 21 claiming the exemption.  The claim shall set out the
 15 22 fact that the person is a resident of and domiciled in
 15 23 the state of Iowa, and a person within the terms of
 15 24 section 427.3, and shall give the volume and page on
 15 25 which the certificate of satisfactory service, order
 15 26 of separation, retirement, furlough to reserve,
 15 27 inactive status, or honorable discharge or certified
 15 28 copy thereof is recorded in the office of the county
 15 29 recorder, and may include the designation of the
 15 30 property from which the exemption is to be made, and
 15 31 shall further state that the claimant is the equitable
 15 32 or legal owner of the property designated or if the
 15 33 property is owned by a family farm corporation, that
 15 34 the person is a shareholder of that corporation and
 15 35 that the person occupies the property.
 15 36    Sec. 32.  Section 427B.19, subsection 3, unnumbered
 15 37 paragraph 1, Code 1997, is amended to read as follows:
 15 38    On or before July 1, 1996, and on or before July
 15 39 September 1 of each succeeding fiscal year through
 15 40 June 30, 2006, the county auditor shall prepare a
 15 41 statement, based upon the report received pursuant to
 15 42 subsections 1 and 2, listing for each taxing district
 15 43 in the county:
 15 44    Sec. 33.  Section 427B.19, subsection 4, Code 1997,
 15 45 is amended to read as follows:
 15 46    4.  The county auditor shall certify and forward
 15 47 one copy of the statement to the department of revenue
 15 48 and finance not later than July September 1 of each
 15 49 year.
 15 50    Sec. 34.  Section 427B.19A, subsection 2, Code
 16  1 1997, is amended to read as follows:
 16  2    2.  If an amount appropriated for a fiscal year is
 16  3 insufficient to pay all claims, the director shall
 16  4 prorate the disbursements from the fund to the county
 16  5 treasurers and shall notify the county auditors of the
 16  6 pro rata percentage on or before August 1 September
 16  7 30.
 16  8    Sec. 35.  Section 428.4, unnumbered paragraph 3,
 16  9 Code 1997, is amended to read as follows:
 16 10    Any buildings erected, improvements made, or
 16 11 buildings or improvements removed in a year after the
 16 12 assessment of the class of real estate to which they
 16 13 belong, shall be valued, listed, and assessed and
 16 14 reported by the assessor to the county auditor after
 16 15 approval of the valuations by the local board of
 16 16 review, and said the auditor shall thereupon enter the
 16 17 taxable value of such building or taxable improvement
 16 18 on the tax list as a part of real estate to be taxed.
 16 19 If such buildings or improvements are erected or made
 16 20 by any person other than the owner of the land, they
 16 21 shall be listed and assessed to the owner of the
 16 22 buildings or improvements as real estate.
 16 23    Sec. 36.  Section 440.1, Code 1997, is amended to
 16 24 read as follows:
 16 25    440.1  ASSESSMENT OF OMITTED PROPERTY.
 16 26    When the director of revenue and finance is vested
 16 27 with the power and duty to assess property and said an
 16 28 assessment has, for any reason, been omitted, the
 16 29 director shall proceed to assess said the property for
 16 30 each of the omitted years, not exceeding five years
 16 31 last past.  The omitted assessment shall only apply to
 16 32 the assessment year in which the omitted assessment is
 16 33 made and the four prior assessment years.  Chapter 429
 16 34 shall apply to assessments of omitted property.
 16 35    Sec. 37.  Section 441.8, unnumbered paragraphs 6
 16 36 and 7, Code 1997, are amended to read as follows:
 16 37    Upon receiving credit equal to one hundred fifty
 16 38 hours of classroom instruction during the assessor's
 16 39 current term of office of which at least ninety of the
 16 40 one hundred fifty hours are from courses requiring an
 16 41 examination upon conclusion of the course, the
 16 42 director of revenue and finance shall certify to the
 16 43 assessor's conference board that the assessor is
 16 44 eligible to be reappointed to the position.  For
 16 45 assessors whose present terms of office expire before
 16 46 six years from January 1, 1979, or who are persons
 16 47 appointed to complete an unexpired term, the number of
 16 48 credits required to be certified as eligible for
 16 49 reappointment shall be prorated according to the
 16 50 amount of time remaining in the present term of the
 17  1 assessor.  If the person was an assessor in another
 17  2 jurisdiction, the assessor may carry forward any
 17  3 credit hours received in the previous position in
 17  4 excess of the number that would be necessary to be
 17  5 considered current in that position.
 17  6    Within each six-year period following January 1,
 17  7 1980 or the appointment of a deputy assessor appointed
 17  8 after January 1, 1979, the deputy assessor shall
 17  9 comply with this section except that upon the
 17 10 successful completion of ninety hours of classroom
 17 11 instruction of which at least sixty of the ninety
 17 12 hours are from courses requiring an examination upon
 17 13 conclusion of the course, the deputy assessor shall be
 17 14 certified by the director of revenue and finance as
 17 15 being eligible to remain in the position.  If a deputy
 17 16 assessor fails to comply with this section, the deputy
 17 17 assessor shall be removed from the position until
 17 18 successful completion of the required hours of credit.
 17 19 If a deputy is appointed to the office of assessor,
 17 20 the hours of credit obtained as deputy pursuant to
 17 21 this section shall be credited to that individual as
 17 22 assessor and for the individual to be reappointed at
 17 23 the expiration of the term as assessor, that
 17 24 individual must obtain the credits which are necessary
 17 25 to total the number of hours for reappointment.
 17 26    Sec. 38.  Section 441.11, Code 1997, is amended to
 17 27 read as follows:
 17 28    441.11  INCUMBENT DEPUTY ASSESSORS.
 17 29    The director of revenue and finance shall grant a
 17 30 restricted certificate to any deputy assessor holding
 17 31 office as of January 1, 1976.  A deputy assessor
 17 32 possessing such a certificate shall be considered
 17 33 eligible to remain in the deputy's present position
 17 34 provided continuing education requirements are met.
 17 35 To become eligible for another deputy assessor
 17 36 position, a deputy assessor presently holding office
 17 37 is required to obtain certification as provided for in
 17 38 section 441.5 and 441.10.  The number of credit hours
 17 39 required for certification as eligible for appointment
 17 40 as a deputy in a jurisdiction other than where the
 17 41 deputy is currently serving shall be prorated
 17 42 according to the completed portion of the deputy's
 17 43 six-year continuing education period.
 17 44    Sec. 39.  Section 444.26, Code 1997, is amended to
 17 45 read as follows:
 17 46    444.26  PROPERTY TAX LEVY LIMITATIONS NOT AFFECTED.
 17 47    Sections 444.25, 444.25A, and 444.25B shall not be
 17 48 construed as removing or otherwise affecting the
 17 49 property tax limitations otherwise provided by law for
 17 50 any tax levy of the political subdivision, except
 18  1 that, upon an appeal from the political subdivision,
 18  2 the state appeal board may approve a tax levy
 18  3 consistent with the provisions of section 24.48 or
 18  4 331.426.
 18  5    Sec. 40.  Section 444.27, subsection 1, Code 1997,
 18  6 is amended to read as follows:
 18  7    1.  For purposes of section 444.25, sections 24.48
 18  8 and 331.426 are void for the fiscal years beginning
 18  9 July 1, 1993, and July 1, 1994.  For purposes of
 18 10 section 444.25A, sections 24.48 and 331.426 are void
 18 11 for the fiscal years beginning July 1, 1995, and July
 18 12 1, 1996.
 18 13    Sec. 41.  Section 445.32, Code 1997, is amended to
 18 14 read as follows:
 18 15    445.32  LIENS ON BUILDINGS OR IMPROVEMENTS.
 18 16    If a building or improvement is erected or made by
 18 17 a person other than the owner of the land on which the
 18 18 building or improvement is located, as provided for in
 18 19 section 428.4, the taxes on the building or
 18 20 improvement are and remain a lien on the building or
 18 21 improvement from the date of levy until paid.  If the
 18 22 taxes on the building or improvement become
 18 23 delinquent, as provided in section 445.37, the county
 18 24 treasurer shall collect the tax as provided in
 18 25 sections 445.3 and 445.4.  This section does not apply
 18 26 to special assessments, or rates or charges.
 18 27    Sec. 42.  Section 452A.17, subsection 1, paragraph
 18 28 a, Code 1997, is amended by adding the following new
 18 29 subparagraph:
 18 30    NEW SUBPARAGRAPH.  (9)  Undyed special fuel used in
 18 31 watercraft.
 18 32    Sec. 43.  Section 452A.17, subsection 1, paragraph
 18 33 b, subparagraphs (4) and (5), Code 1997, are amended
 18 34 to read as follows:
 18 35    (4)  The claim shall state the gallonage of motor
 18 36 fuel or undyed special fuel that was used or will be
 18 37 used by the claimant other than in watercraft or
 18 38 aircraft or to propel motor vehicles, the manner in
 18 39 which the motor fuel or undyed special fuel was used
 18 40 or will be used, and the equipment in which it was
 18 41 used or will be used.
 18 42    (5)  The claim shall state whether the claimant
 18 43 used fuel for watercraft or aircraft or to propel
 18 44 motor vehicles from the same tanks or receptacles in
 18 45 which the claimant kept the motor fuel or undyed
 18 46 special fuel on which the refund is claimed.
 18 47    Sec. 44.  Section 452A.65, unnumbered paragraph 1,
 18 48 Code 1997, is amended to read as follows:
 18 49    In addition to the tax or additional tax, the
 18 50 taxpayer shall pay a penalty as provided in section
 19  1 421.27.  The taxpayer shall also pay interest on the
 19  2 tax or additional tax at the rate in effect under
 19  3 section 421.7 counting each fraction of a month as an
 19  4 entire month, computed from the date the return was
 19  5 required to be filed.  If the amount of the tax as
 19  6 determined by the appropriate state agency is less
 19  7 than the amount paid, the excess shall be refunded
 19  8 with interest, the interest to begin to accrue on the
 19  9 first day of the third second calendar month following
 19 10 the date of payment or the date the return was due to
 19 11 be filed or was filed, whichever is the latest, at the
 19 12 rate in effect under section 421.7 counting each
 19 13 fraction of a month as an entire month under the rules
 19 14 prescribed by the appropriate state agency.  In lieu
 19 15 of a refund allowed under this section, the licensee
 19 16 may request that the department allow the refund to be
 19 17 held as a credit for the licensee.  Claims for refund
 19 18 filed under sections 452A.17 and 452A.21 shall accrue
 19 19 interest beginning with the first day of the second
 19 20 calendar month following the date the refund claim is
 19 21 received by the department.
 19 22    Sec. 45.  Section 633.699, subsection 7, Code 1997,
 19 23 is amended to read as follows:
 19 24    7.  To make any required division, allocation, or
 19 25 distribution in whole or in part in money, securities,
 19 26 or other property, and in undivided interests therein
 19 27 pro rata, nonpro rata, or in combination of these
 19 28 methods, and to continue to hold any remaining
 19 29 undivided interest in trust.
 19 30    Sec. 46.  Section 633.703A, subsection 1,
 19 31 unnumbered paragraph 1, Code 1997, is amended to read
 19 32 as follows:
 19 33    In order to allow a trust to qualify as a marital
 19 34 deduction trust for federal estate tax purposes, as a
 19 35 qualified subchapter S trust for federal income tax
 19 36 purposes, as separate trusts for federal generation-
 19 37 skipping tax purposes, or for any other federal or
 19 38 state income, estate, excise, or inheritance tax
 19 39 benefit or to facilitate the administration of a trust
 19 40 or trusts, the governing instrument of a trust may be
 19 41 amended as follows to permit the trust to be divided
 19 42 in cash or in kind, including in undivided interests,
 19 43 by pro rata or nonpro rata division, or in any
 19 44 combination thereof, into one or more separate trusts
 19 45 or be consolidated with one or more other trusts into
 19 46 a single trust:
 19 47    Sec. 47.  Section 99D.14, subsection 6, Code 1997,
 19 48 as amended by 1997 Iowa Acts, House File 212, section
 19 49 2, is amended to read as follows:
 19 50    6.  Real property used in the operation of a
 20  1 racetrack or racetrack enclosure which is exempt from
 20  2 property taxation under another provision of the law,
 20  3 including being exempt because it is owned by a city,
 20  4 county, state, or charitable or nonprofit entity, may
 20  5 be subject to real property taxation by any taxing
 20  6 district in which the real property used in the
 20  7 operation of the racetrack or racetrack enclosure is
 20  8 located.  To subject such real property to taxation,
 20  9 the taxing authority of the taxing district shall pass
 20 10 a resolution imposing the tax and, if the resolution
 20 11 is passed prior to September 1, 1997, shall notify the
 20 12 county local assessor, director of revenue and
 20 13 finance, and the owner of record of the real property
 20 14 by September 1, 1997, preceding the fiscal year in
 20 15 which the real property taxes are due and payable.
 20 16 The assessed value shall be determined and notice of
 20 17 the assessed value shall be provided to the county
 20 18 auditor by the department of revenue and finance local
 20 19 assessor by October 15, 1997, and the owner may
 20 20 protest the assessed value to the state local board of
 20 21 tax review by December 1, 1997.  For resolutions
 20 22 passed on or after September 1, 1997, the taxing
 20 23 authority shall notify the local assessor and owner of
 20 24 record prior to the next assessment year and the
 20 25 valuation and appeal shall be done in the manner and
 20 26 time as for other valuations.  Property taxes due as a
 20 27 result of this subsection shall be paid to the county
 20 28 treasurer in the manner and time as other property
 20 29 taxes.  The county treasurer shall remit the tax
 20 30 revenue to those taxing authorities imposing the
 20 31 property tax under this subsection.  Real property
 20 32 subject to tax as provided in this subsection shall
 20 33 continue to be taxed until such time as the taxing
 20 34 authority of the taxing district repeals the
 20 35 resolution subjecting the property to taxation.
 20 36 Notwithstanding section 99D.7, the department of
 20 37 revenue and finance shall adopt rules to implement
 20 38 this subsection.
 20 39    Sec. 48.  Sections 236.15A, 427A.13, 440.2, 440.3,
 20 40 440.4, 444.25, and 444.28, Code 1997, are repealed.
 20 41    Sec. 49.  Sections 11 and 13 of this Act which
 20 42 amend sections 422.5 and 422.32 apply retroactively to
 20 43 January 1, 1997, for tax years beginning on or after
 20 44 that date.
 20 45    Sec. 50.  Section 17 of this Act, amending section
 20 46 422.45, subsection 18, being deemed of immediate
 20 47 importance, takes effect upon enactment.
 20 48    Sec. 51.  Sections 6, 12, and 22 of this Act,
 20 49 enacting section 421.17, subsection 22A and amending
 20 50 section 422.20 and section 422.72, subsection 3, and
 21  1 relating to contractual agreements by the department
 21  2 of revenue and finance, being deemed of immediate
 21  3 importance, take effect upon enactment.
 21  4    Sec. 52.  Section 20 of this Act, enacting section
 21  5 422.53, subsection 8, takes effect January 1, 1998.
 21  6    Sec. 53.  Sections 42 and 43 of this Act, amending
 21  7 section 452A.17, subsection 1, being deemed of
 21  8 immediate importance, take effect upon enactment and
 21  9 apply retroactively to July 1, 1996."
 21 10    #2.  Title page , by striking lines 1 through 7 and
 21 11 inserting the following:  "An Act relating to the
 21 12 administration of state individual income, corporate,
 21 13 franchise, motor fuel, and other taxes; collection of
 21 14 taxes and use of collection receipts; property taxes;
 21 15 property tax credits and replacement claims; sales,
 21 16 services, and use taxes and the imposition thereof on
 21 17 sales of prepaid telephone calling cards and prepaid
 21 18 authorization numbers; tax refund setoffs; and other
 21 19 duties of the department and director of revenue and
 21 20 finance; providing a penalty; and including effective
 21 21 and retroactive applicability date provisions." 
 21 22 HF 266S
 21 23 mg/cc/26

Text: H01956                            Text: H01958
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