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House File 266

Partial Bill History

Bill Text

PAG LIN
  1  1                                             HOUSE FILE 266
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE ADMINISTRATION OF STATE INDIVIDUAL INCOME,
  1  5    CORPORATE, FRANCHISE, MOTOR FUEL, AND OTHER TAXES; 
  1  6    COLLECTION OF TAXES AND USE OF COLLECTION RECEIPTS; 
  1  7    PROPERTY TAXES; PROPERTY TAX CREDITS AND REPLACEMENT 
  1  8    CLAIMS; SALES, SERVICES, AND USE TAXES AND THE IMPOSITION 
  1  9    THEREOF ON SALES OF PREPAID TELEPHONE CALLING CARDS AND 
  1 10    PREPAID AUTHORIZATION NUMBERS; TAX REFUND SETOFFS; AND 
  1 11    OTHER DUTIES OF THE DEPARTMENT AND DIRECTOR OF REVENUE AND 
  1 12    FINANCE; PROVIDING A PENALTY; AND INCLUDING EFFECTIVE AND 
  1 13    RETROACTIVE APPLICABILITY DATE PROVISIONS.  
  1 14 
  1 15 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1 16 
  1 17    Section 1.  Section 321.19, subsection 1, unnumbered
  1 18 paragraph 2, Code 1997, is amended to read as follows:
  1 19    The department shall furnish, on application, free of
  1 20 charge, distinguishing plates for vehicles thus exempted,
  1 21 which plates except plates on Iowa highway safety patrol
  1 22 vehicles shall bear the word "official" and the department
  1 23 shall keep a separate record.  Registration plates issued for
  1 24 Iowa highway safety patrol vehicles, except unmarked patrol
  1 25 vehicles, shall bear two red stars on a yellow background, one
  1 26 before and one following the registration number on the plate,
  1 27 which registration number shall be the officer's badge number.
  1 28 Registration plates issued for a county sheriff's patrol
  1 29 vehicles shall display one seven-pointed gold star followed by
  1 30 the letter "S" and the call number of the vehicle.  However,
  1 31 the director of general services or the director of
  1 32 transportation may order the issuance of regular registration
  1 33 plates for any exempted vehicle used by peace officers in the
  1 34 enforcement of the law, persons enforcing chapter 124 and
  1 35 other laws relating to controlled substances, persons in the
  2  1 department of justice, the alcoholic beverages division of the
  2  2 department of commerce, and the department of inspections and
  2  3 appeals, and the department of revenue and finance, who are
  2  4 regularly assigned to conduct investigations which cannot
  2  5 reasonably be conducted with a vehicle displaying "official"
  2  6 state registration plates, and persons in the lottery division
  2  7 of the department of revenue and finance whose regularly
  2  8 assigned duties relating to security or the carrying of
  2  9 lottery tickets cannot reasonably be conducted with a vehicle
  2 10 displaying "official" registration plates.  For purposes of
  2 11 sale of exempted vehicles, the exempted governmental body,
  2 12 upon the sale of the exempted vehicle, may issue for in-
  2 13 transit purposes a pasteboard card bearing the words "Vehicle
  2 14 in Transit", the name of the official body from which the
  2 15 vehicle was purchased, together with the date of the purchase
  2 16 plainly marked in at least one-inch letters, and other
  2 17 information required by the department.  The in-transit card
  2 18 is valid for use only within forty-eight hours after the
  2 19 purchase date as indicated on the bill of sale which shall be
  2 20 carried by the driver.
  2 21    Sec. 2.  Section 331.427, subsection 1, unnumbered
  2 22 paragraph 1, Code 1997, is amended to read as follows:
  2 23    Except as otherwise provided by state law, county revenues
  2 24 from taxes and other sources for general county services shall
  2 25 be credited to the general fund of the county, including
  2 26 revenues received under sections 101A.3, 101A.7, 123.36,
  2 27 123.143, 142B.6, 176A.8, 321.105, 321.152, 321G.7, 331.554,
  2 28 subsection 6, 341A.20, 364.3, 368.21, 422.65, 422A.2, 428A.8,
  2 29 430A.3, 433.15, 434.19, 445.57, 453A.35, 458A.21, 483A.12,
  2 30 533.24, 556B.1, 567.10, 583.6, 602.8108, 904.908, and 906.17,
  2 31 and chapter 405A, and the following:
  2 32    Sec. 3.  NEW SECTION.  405A.10  FRANCHISE TAX REVENUE
  2 33 ALLOCATION.
  2 34    For the fiscal year beginning July 1, 1997, and each
  2 35 subsequent fiscal year, there is appropriated from the general
  3  1 fund of the state to the department of revenue and finance the
  3  2 sum of eight million eight hundred thousand dollars which
  3  3 shall be paid quarterly on warrants by the director as
  3  4 allocated pursuant to section 422.65.
  3  5    Sec. 4.  Section 421.4, Code 1997, is amended to read as
  3  6 follows:
  3  7    421.4  DEPUTIES.
  3  8    The director may appoint deputy directors and may designate
  3  9 one or more of the deputies as acting director.  A deputy
  3 10 designated to serve in the absence of the director has all of
  3 11 the powers possessed by the director.  The director may employ
  3 12 certified public accountants, engineering and technical
  3 13 assistants, and other employees, or independent contractors
  3 14 necessary to protect the interests of the state and any
  3 15 political subdivision.
  3 16    Sec. 5.  Section 421.17, subsection 21, paragraph b,
  3 17 subparagraph (3), Code 1997, is amended to read as follows:
  3 18    (3)  The child support recovery unit, the foster care
  3 19 recovery unit, and the investigations division of the
  3 20 department of inspections and appeals shall, at least
  3 21 annually, submit to the department of revenue and finance for
  3 22 setoff the debts described in this subsection, which are at
  3 23 least fifty dollars constituting a minimum amount determined
  3 24 by rule of the department of revenue and finance, on a date to
  3 25 be specified by the department of human services and the
  3 26 department of inspections and appeals by rule.
  3 27    Sec. 6.  Section 421.17, Code 1997, is amended by adding
  3 28 the following new subsection:
  3 29    NEW SUBSECTION.  22A.  To develop, modify, or contract with
  3 30 vendors to create or administer systems or programs which
  3 31 identify nonfilers of returns or nonpayers of taxes
  3 32 administered by the department.  Fees for services,
  3 33 reimbursements, or other remuneration paid under contract may
  3 34 be funded from the amount of tax, penalty, interest, or fees
  3 35 actually collected and shall be paid only after the amount is
  4  1 collected.  An amount is appropriated from the amount of tax,
  4  2 penalty, interest, and fees actually collected, not to exceed
  4  3 the amount collected, which are sufficient to pay for
  4  4 services, reimbursement, or other remuneration pursuant to
  4  5 this subsection.  Vendors entering into a contract with the
  4  6 department pursuant to this subsection are subject to the
  4  7 requirements and penalties of the confidentiality laws of this
  4  8 state regarding tax information.
  4  9    Sec. 7.  Section 421.17, subsection 23, paragraphs c, d,
  4 10 and g, Code 1997, are amended to read as follows:
  4 11    c.  The college student aid commission shall, at least
  4 12 annually, submit to the department of revenue and finance for
  4 13 setoff the guaranteed student loan defaults, which are at
  4 14 least fifty dollars constituting a minimum amount set by rule
  4 15 of the department of revenue and finance, on a date or dates
  4 16 to be specified by the college student aid commission by rule.
  4 17    d.  Upon submission of a claim, the department of revenue
  4 18 and finance shall notify the college student aid commission
  4 19 whether the defaulter is entitled to a refund or rebate of at
  4 20 least fifty dollars the minimum amount set by rule of the
  4 21 department and if so entitled shall notify the commission of
  4 22 the amount of the refund or rebate and of the defaulter's
  4 23 address on the income tax return.  Section 422.72, subsection
  4 24 1, does not apply to this paragraph.
  4 25    g.  The department of revenue and finance shall, after
  4 26 notice has been sent to the defaulter by the college student
  4 27 aid commission, set off the amount of the default against the
  4 28 defaulter's income tax refund or rebate if both the amount of
  4 29 the default and the refund or rebate are at least fifty
  4 30 dollars constituting a minimum amount set by rule of the
  4 31 department.  The department shall refund any balance of the
  4 32 income tax refund or rebate to the defaulter.  The department
  4 33 of revenue and finance shall periodically transfer the amount
  4 34 set off to the college student aid commission.  If the
  4 35 defaulter gives written notice of intent to contest the claim,
  5  1 the commission shall hold the refund or rebate until final
  5  2 disposition of the contested claim pursuant to chapter 17A or
  5  3 by court judgment.  The commission shall notify the defaulter
  5  4 in writing upon completion of setoff.
  5  5    Sec. 8.  Section 421.17, subsection 25, paragraph c, Code
  5  6 1997, is amended to read as follows:
  5  7    c.  The clerk of the district court, on the first day of
  5  8 February and August of each calendar year, shall submit to the
  5  9 department for setoff the debts described in this subsection,
  5 10 which are at least fifty dollars constituting a minimum amount
  5 11 set by rule of the department.
  5 12    Sec. 9.  Section 421.17, subsection 29, paragraphs a and e,
  5 13 Code 1997, are amended to read as follows:
  5 14    a.  For purposes of this subsection unless the context
  5 15 requires otherwise:
  5 16    (1)  "State agency" means a board, commission, department,
  5 17 including the department of revenue and finance, or other
  5 18 administrative office or unit of the state of Iowa or any
  5 19 other state entity reported in the Iowa comprehensive annual
  5 20 financial report.  The term "state agency" does not include
  5 21 the general assembly, the governor, or any political
  5 22 subdivision of the state, or its offices and units.
  5 23    (2)  "Department" means the department of revenue and
  5 24 finance and any other state agency that maintains a separate
  5 25 accounting system and elects to establish a debt collection
  5 26 setoff procedure for collection of debts owed to the state or
  5 27 its agencies.
  5 28    (3)  The term "person" does not include a state agency.
  5 29    e.  Before setoff, the amount of a person's claim on a
  5 30 state agency and the amount of a person's liability to a state
  5 31 agency shall be at least fifty dollars constitute a minimum
  5 32 amount set by rule of the department.
  5 33    Sec. 10.  NEW SECTION.  421.61  UNCONSTITUTIONALLY WITHHELD
  5 34 TAX BENEFITS.
  5 35    If a provision in the Code grants a tax benefit to
  6  1 taxpayers that is unconstitutionally withheld from other
  6  2 taxpayers as expressed in an Iowa attorney general's opinion
  6  3 based upon decisions of the Iowa supreme court, United States
  6  4 supreme court, or other courts of competent jurisdiction, the
  6  5 tax benefit shall also be granted to the adversely affected
  6  6 taxpayers as if the unconstitutional provision did not exist.
  6  7    Sec. 11.  Section 422.5, subsection 1, paragraph j,
  6  8 subparagraph (2), unnumbered paragraph 1, Code 1997, is
  6  9 amended to read as follows:
  6 10    The tax imposed upon the taxable income of a resident
  6 11 shareholder in a value-added corporation which has in effect
  6 12 for the tax year an election under subchapter S of the
  6 13 Internal Revenue Code and carries on business within and
  6 14 without the state may be computed by reducing the amount
  6 15 determined pursuant to paragraphs "a" through "i" by the
  6 16 amounts of nonrefundable credits under this division and by
  6 17 multiplying this resulting amount by a fraction of which the
  6 18 resident's net income allocated to Iowa, as determined in
  6 19 section 422.8, subsection 2, paragraph "b", is the numerator
  6 20 and the resident's total net income computed under section
  6 21 422.7 is the denominator.  If a resident shareholder has
  6 22 elected to take advantage of this subparagraph, and for the
  6 23 next tax year elects not to take advantage of this
  6 24 subparagraph, the resident shareholder shall not reelect to
  6 25 take advantage of this subparagraph for the three tax years
  6 26 immediately following the first tax year for which the
  6 27 shareholder elected not to take advantage of this
  6 28 subparagraph, unless the director consents to the reelection.
  6 29 This paragraph subparagraph also applies to individuals who
  6 30 are residents of Iowa for less than the entire tax year.
  6 31    Sec. 12.  Section 422.20, subsection 3, unnumbered
  6 32 paragraph 1, Code 1997, is amended to read as follows:
  6 33    Unless otherwise expressly permitted by section 421.17,
  6 34 subsections 21, 22, 22A, 23, 25, 29, and 32, sections 252B.9,
  6 35 421.19, 421.28, 422.72, and 452A.63, and this section, a tax
  7  1 return, return information, or investigative or audit
  7  2 information shall not be divulged to any person or entity,
  7  3 other than the taxpayer, the department, or internal revenue
  7  4 service for use in a matter unrelated to tax administration.
  7  5    Sec. 13.  Section 422.32, subsection 4, Code 1997, is
  7  6 amended to read as follows:
  7  7    4.  "Corporation" includes joint stock companies, and
  7  8 associations organized for pecuniary profit, and publicly
  7  9 traded partnerships and limited liability companies taxed as
  7 10 corporations under the Internal Revenue Code.
  7 11    Sec. 14.  Section 422.42, subsections 1 and 14, Code 1997,
  7 12 are amended to read as follows:
  7 13    1.  "Agricultural production" includes the production of
  7 14 flowering, ornamental, or vegetable plants in commercial
  7 15 greenhouses or otherwise and production from aquaculture.
  7 16 "Agricultural products" include flowering, ornamental, or
  7 17 vegetable plants and those products of aquaculture.
  7 18    14.  "Retail sale" or "sale at retail" means the sale to a
  7 19 consumer or to any person for any purpose, other than for
  7 20 processing, for resale of tangible personal property or
  7 21 taxable services, or for resale of tangible personal property
  7 22 in connection with taxable services; and includes the sale of
  7 23 gas, electricity, water, and communication service to retail
  7 24 consumers or users; but does not include agricultural breeding
  7 25 livestock and domesticated fowl; and does not include
  7 26 commercial fertilizer, agricultural limestone, herbicide,
  7 27 pesticide, insecticide, food, medication, or agricultural
  7 28 drain tile, including installation of agricultural drain tile,
  7 29 any of which are to be used in disease control, weed control,
  7 30 insect control, or health promotion of plants or livestock
  7 31 produced as part of agricultural production for market; and
  7 32 does not include electricity, steam, or any taxable service
  7 33 when purchased and used in the processing of tangible personal
  7 34 property intended to be sold ultimately at retail.  When used
  7 35 by a manufacturer of food products, carbon dioxide in a
  8  1 liquid, solid, or gaseous form, electricity, steam, and other
  8  2 taxable services are sold for processing when used to produce
  8  3 marketable food products for human consumption, including but
  8  4 not limited to, treatment of material to change its form,
  8  5 context, or condition, in order to produce the food product,
  8  6 maintenance of quality or integrity of the food product,
  8  7 changing or maintenance of temperature levels necessary to
  8  8 avoid spoilage or to hold the food product in marketable
  8  9 condition, maintenance of environmental conditions necessary
  8 10 for the safe or efficient use of machinery and material used
  8 11 to produce the food product, sanitation and quality control
  8 12 activities, formation of packaging, placement into shipping
  8 13 containers, and movement of the material or food product until
  8 14 shipment from the building of manufacture.  Tangible personal
  8 15 property is sold for processing within the meaning of this
  8 16 subsection only when it is intended that the property will, by
  8 17 means of fabrication, compounding, manufacturing, or
  8 18 germination become an integral part of other tangible personal
  8 19 property intended to be sold ultimately at retail; or will be
  8 20 consumed as fuel in creating heat, power, or steam for
  8 21 processing including grain drying, or for providing heat or
  8 22 cooling for livestock buildings or for greenhouses or
  8 23 buildings or parts of buildings dedicated to the production of
  8 24 flowering, ornamental, or vegetable plants intended for sale
  8 25 in the ordinary course of business, or for use in cultivation
  8 26 of agricultural products by aquaculture, or for generating
  8 27 electric current, or in implements of husbandry engaged in
  8 28 agricultural production; or the property is a chemical,
  8 29 solvent, sorbent, or reagent, which is directly used and is
  8 30 consumed, dissipated, or depleted, in processing personal
  8 31 property which is intended to be sold ultimately at retail or
  8 32 consumed in the maintenance or repair of fabric or clothing,
  8 33 and which may not become a component or integral part of the
  8 34 finished product.  The distribution to the public of free
  8 35 newspapers or shoppers guides is a retail sale for purposes of
  9  1 the processing exemption.
  9  2    Sec. 15.  Section 422.43, Code 1997, is amended by adding
  9  3 the following new subsection:
  9  4    NEW SUBSECTION.  12.  A tax of five percent is imposed upon
  9  5 the gross receipts from the sales of prepaid telephone calling
  9  6 cards and prepaid authorization numbers.  For the purpose of
  9  7 this division, the sales of prepaid telephone calling cards
  9  8 and prepaid authorization numbers are sales of tangible
  9  9 personal property.
  9 10    Sec. 16.  Section 422.45, subsection 7, unnumbered
  9 11 paragraph 1, Code 1997, is amended to read as follows:
  9 12    A private nonprofit educational institution in this state,
  9 13 nonprofit private museum in this state, tax-certifying or tax-
  9 14 levying body or governmental subdivision of the state,
  9 15 including the state board of regents, state department of
  9 16 human services, state department of transportation, a
  9 17 municipally owned solid waste facility which sells all or part
  9 18 of its processed waste as fuel to a municipally owned public
  9 19 utility, and all divisions, boards, commissions, agencies, or
  9 20 instrumentalities of state, federal, county, or municipal
  9 21 government which do not have earnings going to the benefit of
  9 22 an equity investor or stockholder, may make application to the
  9 23 department for the refund of the sales, services, or use tax
  9 24 upon the gross receipts of all sales of goods, wares, or
  9 25 merchandise, or from services rendered, furnished, or
  9 26 performed, to a contractor, used in the fulfillment of a
  9 27 written contract with the state of Iowa, any political
  9 28 subdivision of the state, or a division, board, commission,
  9 29 agency, or instrumentality of the state or a political
  9 30 subdivision, a private nonprofit educational institution in
  9 31 this state, or a nonprofit private museum in this state if the
  9 32 property becomes an integral part of the project under
  9 33 contract and at the completion of the project becomes public
  9 34 property, is devoted to educational uses, or becomes a
  9 35 nonprofit private museum; except goods, wares, or merchandise,
 10  1 or services rendered, furnished, or performed used in the
 10  2 performance of any contract in connection with the operation
 10  3 of any municipal utility engaged in selling gas, electricity,
 10  4 or heat to the general public or in connection with the
 10  5 operation of a municipal pay television system; and except
 10  6 goods, wares, and merchandise used in the performance of a
 10  7 contract for a "project" under chapter 419 as defined in that
 10  8 chapter other than goods, wares, or merchandise used in the
 10  9 performance of a contract for a "project" under chapter 419
 10 10 for which a bond issue was approved by a municipality prior to
 10 11 July 1, 1968, or for which the goods, wares, or merchandise
 10 12 becomes an integral part of the project under contract and at
 10 13 the completion of the project becomes public property or is
 10 14 devoted to educational uses.
 10 15    Sec. 17.  Section 422.45, subsection 18, Code 1997, is
 10 16 amended to read as follows:
 10 17    18.  Gross receipts from the sale of tangible personal
 10 18 property, except vehicles subject to registration, to a person
 10 19 regularly engaged in the business of leasing if the period of
 10 20 the lease is for more than one year five months, or in the
 10 21 consumer rental purchase business if the property is to be
 10 22 utilized in a transaction involving a consumer rental purchase
 10 23 agreement as defined in section 537.3604, subsection 8, and
 10 24 the leasing or consumer rental of the property is subject to
 10 25 taxation under this division.  If tangible personal property
 10 26 exempt under this subsection is made use of for any purpose
 10 27 other than leasing, renting, or consumer rental purchase, the
 10 28 person claiming the exemption under this subsection is liable
 10 29 for the tax that would have been due except for this
 10 30 subsection.  The tax shall be computed upon the original
 10 31 purchase price.  The aggregate of the tax paid on the leasing,
 10 32 renting, or rental purchase of such tangible personal
 10 33 property, not to exceed the amount of the sales tax owed,
 10 34 shall be credited against the tax.  This sales tax is in
 10 35 addition to any sales or use tax that may be imposed as a
 11  1 result of the disposal of such tangible personal property.
 11  2    Sec. 18.  Section 422.45, subsection 39, paragraphs a and
 11  3 c, Code 1997, are amended to read as follows:
 11  4    a.  The implement, machinery, or equipment is directly and
 11  5 primarily used in livestock or dairy production, use in
 11  6 aquaculture production, or in the production of flowering,
 11  7 ornamental, or vegetable plants.
 11  8    c.  The replacement part is essential to any repair or
 11  9 reconstruction necessary to the farm machinery's or
 11 10 equipment's exempt use in livestock or dairy production, use
 11 11 in aquaculture production, or in the production of flowering,
 11 12 ornamental, or vegetable plants.
 11 13    Sec. 19.  Section 422.47, subsection 4, paragraph f, Code
 11 14 1997, is amended to read as follows:
 11 15    f.  In this section, "fuel" includes gas, electricity,
 11 16 water, heat, steam, and any other tangible personal property
 11 17 consumed in creating heat, power, or steam.  In this section,
 11 18 "fuel consumed in processing" means fuel used or disposed of
 11 19 for processing including grain drying, for providing heat or
 11 20 cooling for livestock buildings or for greenhouses or
 11 21 buildings or parts of buildings dedicated to the production of
 11 22 flowering, ornamental, or vegetable plants intended for sale
 11 23 in the ordinary course of business, for use in aquaculture
 11 24 production, or for generating electric current, or in
 11 25 implements of husbandry engaged in agricultural production.
 11 26 In this subsection, "fuel exemption certificate" means an
 11 27 exemption certificate given by the purchaser under penalty of
 11 28 perjury to assist retailers in properly accounting for
 11 29 nontaxable sales of fuel consumed in processing.  In this
 11 30 subsection, "substantial change" means a change in the use or
 11 31 disposition of tangible personal property and services by the
 11 32 purchaser such that the purchaser pays less than ninety
 11 33 percent of the purchaser's actual sales tax liability.  A
 11 34 change includes a misstatement of facts in an application made
 11 35 pursuant to paragraph "c" or in a fuel exemption certificate.
 12  1    Sec. 20.  Section 422.53, Code 1997, is amended by adding
 12  2 the following new subsection:
 12  3    NEW SUBSECTION.  8.  a.  Except as provided in paragraph
 12  4 "b", purchasers, users, and consumers of tangible personal
 12  5 property or enumerated services taxed pursuant to this
 12  6 division, chapter 423, or chapter 422B, may be authorized,
 12  7 pursuant to rules adopted by the director, to remit tax owed
 12  8 directly to the department instead of the tax being collected
 12  9 and paid by the seller.  To qualify for a direct pay tax
 12 10 permit, the purchaser, user, or consumer must accrue a tax
 12 11 liability of more than four thousand dollars in tax under this
 12 12 division and chapter 423, in a semimonthly period and make
 12 13 deposits and file returns pursuant to section 422.52.  This
 12 14 authority shall not be granted or exercised except upon
 12 15 application to the director and then only after issuance by
 12 16 the director of a direct pay tax permit.
 12 17    b.  The granting of a direct pay tax permit is not
 12 18 authorized for any of the following:
 12 19    (1)  Taxes imposed on the sales, furnishing, or service of
 12 20 gas, electricity, water, heat, pay television service, and
 12 21 communication service.
 12 22    (2)  Taxes imposed under sections 423.7 and 423.7A and
 12 23 chapter 422C.
 12 24    Sec. 21.  Section 422.65, Code 1997, is amended to read as
 12 25 follows:
 12 26    422.65  ALLOCATION OF REVENUE.
 12 27    All moneys received from the franchise tax shall be
 12 28 deposited in the state general fund.  Commencing with the
 12 29 fiscal year beginning July 1, 1993, there is appropriated for
 12 30 each fiscal year from the franchise tax money received and
 12 31 deposited in the state general fund the sum of eight million
 12 32 eight hundred thousand dollars which shall be paid quarterly
 12 33 on warrants by the director, after certification by the
 12 34 director, Franchise tax moneys appropriated in section 405A.10
 12 35 are allocated as follows:
 13  1    1.  Sixty percent to the general fund of the city from
 13  2 which the tax is collected.
 13  3    2.  Forty percent to the county from which the tax is
 13  4 collected.
 13  5    If the financial institution maintains one or more offices
 13  6 for the transaction of business, other than its principal
 13  7 office, a portion of its franchise tax shall be allocated to
 13  8 each office, based upon a reasonable measure of the business
 13  9 activity of each office.  The director shall prescribe, for
 13 10 each type of financial institution, a method of measuring the
 13 11 business activity of each office.  Financial institutions
 13 12 shall furnish all necessary information for this purpose at
 13 13 the request of the director.
 13 14    Quarterly, the director shall certify to the treasurer of
 13 15 state the amounts to be paid to each city and county from the
 13 16 state general fund.  All moneys received from the franchise
 13 17 tax are appropriated according to the provisions of this
 13 18 section.
 13 19    Sec. 22.  Section 422.72, subsection 3, unnumbered
 13 20 paragraph 1, Code 1997, is amended to read as follows:
 13 21    Unless otherwise expressly permitted by section 421.17,
 13 22 subsections 21, 22, 22A, 23, 25, 29, and 32, sections 252B.9,
 13 23 421.19, 421.28, 422.20, and 452A.63, and this section, a tax
 13 24 return, return information, or investigative or audit
 13 25 information shall not be divulged to any person or entity,
 13 26 other than the taxpayer, the department, or internal revenue
 13 27 service for use in a matter unrelated to tax administration.
 13 28    Sec. 23.  Section 422.72, Code 1997, is amended by adding
 13 29 the following new subsection:
 13 30    NEW SUBSECTION.  7.  Notwithstanding subsection 3, the
 13 31 director shall provide state tax returns and return
 13 32 information in response to a subpoena issued by the court
 13 33 pursuant to rule of criminal procedure 5 commanding the
 13 34 appearance before the attorney general or an assistant
 13 35 attorney general if the subpoena is accompanied by affidavits
 14  1 from such person and from a sworn peace officer member of the
 14  2 department of public safety affirming that the information is
 14  3 necessary for the investigation of a felony violation of
 14  4 chapter 124 or chapter 706B.  The affidavits accompanying the
 14  5 subpoenas and the information provided by the director shall
 14  6 remain a confidential record which may be disseminated only to
 14  7 a prosecutor or peace officer involved in the investigation,
 14  8 or to the taxpayer who filed the information and to the court
 14  9 in connection with the filing of criminal charges or
 14 10 institution of a forfeiture action.  A person who knowingly
 14 11 files a false affidavit with the director to secure
 14 12 information or who divulges information received under this
 14 13 subsection in a manner prohibited by this subsection commits a
 14 14 serious misdemeanor.
 14 15    Sec. 24.  Section 423.1, subsection 8, Code 1997, is
 14 16 amended to read as follows:
 14 17    8.  "Retailer maintaining a place of business in this
 14 18 state" or any like term includes any retailer having or
 14 19 maintaining within this state, directly or by a subsidiary, an
 14 20 office, distribution house, sales house, warehouse, or other
 14 21 place of business, or any agent representative operating
 14 22 within this state under the authority of the retailer or its
 14 23 subsidiary, irrespective of whether such that place of
 14 24 business or agent representative is located here permanently
 14 25 or temporarily, or whether the retailer or subsidiary is
 14 26 admitted to do business within this state pursuant to chapter
 14 27 490.
 14 28    Sec. 25.  Section 423.25, Code 1997, is amended to read as
 14 29 follows:
 14 30    423.25  TAXATION IN ANOTHER STATE.
 14 31    If any person who causes tangible personal property to be
 14 32 brought into this state or who uses in this state services
 14 33 enumerated in section 422.43 has already paid a tax in another
 14 34 state in respect to the sale or use of the property or the
 14 35 performance of the service, or an occupation tax in respect to
 15  1 the property or service, in an amount less than the tax
 15  2 imposed by this title, the provisions of this title shall
 15  3 apply, but at a rate measured by the difference only between
 15  4 the rate fixed in this title and the rate by which the
 15  5 previous tax on the sale or use, or the occupation tax, was
 15  6 computed.  If the tax imposed and paid in the other state is
 15  7 equal to or more than the tax imposed by this title, then a
 15  8 tax is not due in this state on the personal property or
 15  9 service.
 15 10    Sec. 26.  Section 425.7, subsection 3, Code 1997, is
 15 11 amended to read as follows:
 15 12    3.  If the director of revenue and finance determines that
 15 13 a claim for homestead credit has been allowed by the board of
 15 14 supervisors which is not justifiable under the law and not
 15 15 substantiated by proper facts, the director may, at any time
 15 16 within thirty-six months from July 1 of the year in which the
 15 17 claim is allowed, set aside the allowance.  Notice of the
 15 18 disallowance shall be given to the county auditor of the
 15 19 county in which the claim has been improperly granted and a
 15 20 written notice of the disallowance shall also be addressed to
 15 21 the claimant at the claimant's last known address.  The
 15 22 claimant or board of supervisors may appeal to the state board
 15 23 of tax review pursuant to section 421.1, subsection 4.  The
 15 24 claimant or the board of supervisors may seek judicial review
 15 25 of the action of the director of revenue and finance state
 15 26 board of tax review in accordance with the Iowa administrative
 15 27 procedure Act chapter 17A.
 15 28    If a claim is disallowed by the director of revenue and
 15 29 finance and not appealed to the state board of tax review or
 15 30 appealed to and upheld by the state board of tax review and a
 15 31 petition for judicial review is not filed with respect to the
 15 32 disallowance, any amounts of credits allowed and paid from the
 15 33 homestead credit fund including the penalty, if any, become a
 15 34 lien upon the property on which credit was originally granted,
 15 35 if still in the hands of the claimant, and not in the hands of
 16  1 a bona fide purchaser, and any amount so erroneously paid
 16  2 including the penalty, if any, shall be collected by the
 16  3 county treasurer in the same manner as other taxes and the
 16  4 collections shall be returned to the department of revenue and
 16  5 finance and credited to the homestead credit fund.  The
 16  6 director of revenue and finance may institute legal
 16  7 proceedings against a homestead credit claimant for the
 16  8 collection of payments made on disallowed credits and the
 16  9 penalty, if any.  If a homestead credit is disallowed and the
 16 10 claimant failed to give written notice to the assessor as
 16 11 required by section 425.2 when the property ceased to be used
 16 12 as a homestead by the claimant, a civil penalty equal to fifty
 16 13 percent of the amount of the disallowed credit is assessed
 16 14 against the claimant.
 16 15    Sec. 27.  Section 426A.6, Code 1997, is amended to read as
 16 16 follows:
 16 17    426A.6  SETTING ASIDE ALLOWANCE.
 16 18    If the director of revenue and finance determines that a
 16 19 claim for military service tax exemption has been allowed by a
 16 20 board of supervisors which is not justifiable under the law
 16 21 and not substantiated by proper facts, the director may, at
 16 22 any time within thirty-six months from July 1 of the year in
 16 23 which the claim is allowed, set aside the allowance.  Notice
 16 24 of the disallowance shall be given to the county auditor of
 16 25 the county in which the claim has been improperly granted and
 16 26 a written notice of the disallowance shall also be addressed
 16 27 to the claimant at the claimant's last known address.  The
 16 28 claimant or the board of supervisors may appeal to the state
 16 29 board of tax review pursuant to section 421.1, subsection 4.
 16 30 The claimant or the board of supervisors may seek judicial
 16 31 review of the action of the director of revenue and finance
 16 32 state board of tax review in accordance with chapter 17A.  If
 16 33 a claim is disallowed by the director of revenue and finance
 16 34 and not appealed to the state board of tax review or appealed
 16 35 to and upheld by the state board of tax review and a petition
 17  1 for judicial review is not filed with respect to the
 17  2 disallowance, the credits allowed and paid from the general
 17  3 fund of the state become a lien upon the property on which the
 17  4 credit was originally granted, if still in the hands of the
 17  5 claimant and not in the hands of a bona fide purchaser, the
 17  6 amount so erroneously paid shall be collected by the county
 17  7 treasurer in the same manner as other taxes, and the
 17  8 collections shall be returned to the department of revenue and
 17  9 finance and credited to the general fund of the state.  The
 17 10 director of revenue and finance may institute legal
 17 11 proceedings against a military service tax exemption claimant
 17 12 for the collection of payments made on disallowed exemptions.
 17 13    Sec. 28.  Section 426B.1, subsection 1, Code 1997, is
 17 14 amended to read as follows:
 17 15    1.  A property tax relief fund is created in the state
 17 16 treasury under the authority of the department of revenue and
 17 17 finance human services.  The fund shall be separate from the
 17 18 general fund of the state and shall not be considered part of
 17 19 the general fund of the state except in determining the cash
 17 20 position of the state for payment of state obligations.  The
 17 21 moneys in the fund are not subject to the provisions of
 17 22 section 8.33 and shall not be transferred, used, obligated,
 17 23 appropriated, or otherwise encumbered except as provided in
 17 24 this chapter.  Moneys in the fund may be used for cash flow
 17 25 purposes, provided that any moneys so allocated are returned
 17 26 to the fund by the end of each fiscal year.  However, the fund
 17 27 shall be considered a special account for the purposes of
 17 28 section 8.53, relating to elimination of any GAAP deficit.
 17 29 For the purposes of this chapter, unless the context otherwise
 17 30 requires, "property tax relief fund" means the property tax
 17 31 relief fund created in this section.
 17 32    Sec. 29.  Section 426B.4, Code 1997, is amended to read as
 17 33 follows:
 17 34    426B.4  RULES.
 17 35    The council on human services shall consult with the state-
 18  1 county management committee created in section 331.438 and the
 18  2 director of revenue and finance human services in prescribing
 18  3 forms and adopting rules pursuant to chapter 17A to administer
 18  4 this chapter.
 18  5    Sec. 30.  Section 427.1, subsection 16, Code 1997, is
 18  6 amended to read as follows:
 18  7    16.  REVOKING EXEMPTION.  Any taxpayer or any taxing
 18  8 district may make application to the director of revenue and
 18  9 finance for revocation for any exemption, based upon alleged
 18 10 violations of this chapter.  The director of revenue and
 18 11 finance may also on the director's own motion set aside any
 18 12 exemption which has been granted upon property for which
 18 13 exemption is claimed under this chapter.  The director of
 18 14 revenue and finance shall give notice by mail to the taxpayer
 18 15 or taxing district applicant and to the societies or
 18 16 organizations claiming an exemption upon property, exemption
 18 17 of which is questioned before or by the director of revenue
 18 18 and finance, and shall hold a hearing prior to issuing any
 18 19 order for revocation.  An order made by the director of
 18 20 revenue and finance revoking or modifying an exemption is
 18 21 subject to judicial review in accordance with chapter 17A, the
 18 22 Iowa administrative procedure Act.  Notwithstanding the terms
 18 23 of that Act, petitions for judicial review may be filed in the
 18 24 district court having jurisdiction in the county in which the
 18 25 property is located, and must be filed within thirty days
 18 26 after any order revoking an exemption is made by the director
 18 27 of revenue and finance.
 18 28    Sec. 31.  Section 427.5, unnumbered paragraphs 1 and 2,
 18 29 Code 1997, are amended to read as follows:
 18 30    A person named in section 427.3, who is a resident of and
 18 31 domiciled in the state of Iowa, shall receive a reduction
 18 32 equal to the exemption, to be made from any property owned by
 18 33 the person or owned by a family farm corporation of which the
 18 34 person is a shareholder and who occupies the property and so
 18 35 designated by proceeding as provided in the section.  To be
 19  1 eligible to receive the exemption the person claiming it shall
 19  2 have recorded in the office of the county recorder of the
 19  3 county in which is located the property designated for the
 19  4 exemption, evidence of property ownership by that person or
 19  5 the family farm corporation of which the person is a
 19  6 shareholder and the military certificate of satisfactory
 19  7 service, order transferring to inactive status, reserve,
 19  8 retirement, order of separation from service, honorable
 19  9 discharge or a copy of any of these documents of the person
 19 10 claiming or through whom is claimed the exemption.
 19 11    The person shall file with the appropriate assessor on
 19 12 forms obtained from the assessor the claim for exemption for
 19 13 the year for which the person is first claiming the exemption.
 19 14 The claim shall be filed not later than July 1 of the year for
 19 15 which the person is claiming the exemption.  The claim shall
 19 16 set out the fact that the person is a resident of and
 19 17 domiciled in the state of Iowa, and a person within the terms
 19 18 of section 427.3, and shall give the volume and page on which
 19 19 the certificate of satisfactory service, order of separation,
 19 20 retirement, furlough to reserve, inactive status, or honorable
 19 21 discharge or certified copy thereof is recorded in the office
 19 22 of the county recorder, and may include the designation of the
 19 23 property from which the exemption is to be made, and shall
 19 24 further state that the claimant is the equitable or legal
 19 25 owner of the property designated or if the property is owned
 19 26 by a family farm corporation, that the person is a shareholder
 19 27 of that corporation and that the person occupies the property.
 19 28    Sec. 32.  Section 427B.19, subsection 3, unnumbered
 19 29 paragraph 1, Code 1997, is amended to read as follows:
 19 30    On or before July 1, 1996, and on or before July September
 19 31 1 of each succeeding fiscal year through June 30, 2006, the
 19 32 county auditor shall prepare a statement, based upon the
 19 33 report received pursuant to subsections 1 and 2, listing for
 19 34 each taxing district in the county:
 19 35    Sec. 33.  Section 427B.19, subsection 4, Code 1997, is
 20  1 amended to read as follows:
 20  2    4.  The county auditor shall certify and forward one copy
 20  3 of the statement to the department of revenue and finance not
 20  4 later than July September 1 of each year.
 20  5    Sec. 34.  Section 427B.19A, subsection 2, Code 1997, is
 20  6 amended to read as follows:
 20  7    2.  If an amount appropriated for a fiscal year is
 20  8 insufficient to pay all claims, the director shall prorate the
 20  9 disbursements from the fund to the county treasurers and shall
 20 10 notify the county auditors of the pro rata percentage on or
 20 11 before August 1 September 30.
 20 12    Sec. 35.  Section 428.4, unnumbered paragraph 3, Code 1997,
 20 13 is amended to read as follows:
 20 14    Any buildings erected, improvements made, or buildings or
 20 15 improvements removed in a year after the assessment of the
 20 16 class of real estate to which they belong, shall be valued,
 20 17 listed, and assessed and reported by the assessor to the
 20 18 county auditor after approval of the valuations by the local
 20 19 board of review, and said the auditor shall thereupon enter
 20 20 the taxable value of such building or taxable improvement on
 20 21 the tax list as a part of real estate to be taxed.  If such
 20 22 buildings or improvements are erected or made by any person
 20 23 other than the owner of the land, they shall be listed and
 20 24 assessed to the owner of the buildings or improvements as real
 20 25 estate.
 20 26    Sec. 36.  Section 440.1, Code 1997, is amended to read as
 20 27 follows:
 20 28    440.1  ASSESSMENT OF OMITTED PROPERTY.
 20 29    When the director of revenue and finance is vested with the
 20 30 power and duty to assess property and said an assessment has,
 20 31 for any reason, been omitted, the director shall proceed to
 20 32 assess said the property for each of the omitted years, not
 20 33 exceeding five years last past.  The omitted assessment shall
 20 34 only apply to the assessment year in which the omitted
 20 35 assessment is made and the four prior assessment years.
 21  1 Chapter 429 shall apply to assessments of omitted property.
 21  2    Sec. 37.  Section 441.8, unnumbered paragraphs 6 and 7,
 21  3 Code 1997, are amended to read as follows:
 21  4    Upon receiving credit equal to one hundred fifty hours of
 21  5 classroom instruction during the assessor's current term of
 21  6 office of which at least ninety of the one hundred fifty hours
 21  7 are from courses requiring an examination upon conclusion of
 21  8 the course, the director of revenue and finance shall certify
 21  9 to the assessor's conference board that the assessor is
 21 10 eligible to be reappointed to the position.  For assessors
 21 11 whose present terms of office expire before six years from
 21 12 January 1, 1979, or who are persons appointed to complete an
 21 13 unexpired term, the number of credits required to be certified
 21 14 as eligible for reappointment shall be prorated according to
 21 15 the amount of time remaining in the present term of the
 21 16 assessor.  If the person was an assessor in another
 21 17 jurisdiction, the assessor may carry forward any credit hours
 21 18 received in the previous position in excess of the number that
 21 19 would be necessary to be considered current in that position.
 21 20    Within each six-year period following January 1, 1980 or
 21 21 the appointment of a deputy assessor appointed after January
 21 22 1, 1979, the deputy assessor shall comply with this section
 21 23 except that upon the successful completion of ninety hours of
 21 24 classroom instruction of which at least sixty of the ninety
 21 25 hours are from courses requiring an examination upon
 21 26 conclusion of the course, the deputy assessor shall be
 21 27 certified by the director of revenue and finance as being
 21 28 eligible to remain in the position.  If a deputy assessor
 21 29 fails to comply with this section, the deputy assessor shall
 21 30 be removed from the position until successful completion of
 21 31 the required hours of credit.  If a deputy is appointed to the
 21 32 office of assessor, the hours of credit obtained as deputy
 21 33 pursuant to this section shall be credited to that individual
 21 34 as assessor and for the individual to be reappointed at the
 21 35 expiration of the term as assessor, that individual must
 22  1 obtain the credits which are necessary to total the number of
 22  2 hours for reappointment.
 22  3    Sec. 38.  Section 441.11, Code 1997, is amended to read as
 22  4 follows:
 22  5    441.11  INCUMBENT DEPUTY ASSESSORS.
 22  6    The director of revenue and finance shall grant a
 22  7 restricted certificate to any deputy assessor holding office
 22  8 as of January 1, 1976.  A deputy assessor possessing such a
 22  9 certificate shall be considered eligible to remain in the
 22 10 deputy's present position provided continuing education
 22 11 requirements are met.  To become eligible for another deputy
 22 12 assessor position, a deputy assessor presently holding office
 22 13 is required to obtain certification as provided for in section
 22 14 441.5 and 441.10.  The number of credit hours required for
 22 15 certification as eligible for appointment as a deputy in a
 22 16 jurisdiction other than where the deputy is currently serving
 22 17 shall be prorated according to the completed portion of the
 22 18 deputy's six-year continuing education period.
 22 19    Sec. 39.  Section 444.26, Code 1997, is amended to read as
 22 20 follows:
 22 21    444.26  PROPERTY TAX LEVY LIMITATIONS NOT AFFECTED.
 22 22    Sections 444.25, 444.25A, and 444.25B shall not be
 22 23 construed as removing or otherwise affecting the property tax
 22 24 limitations otherwise provided by law for any tax levy of the
 22 25 political subdivision, except that, upon an appeal from the
 22 26 political subdivision, the state appeal board may approve a
 22 27 tax levy consistent with the provisions of section 24.48 or
 22 28 331.426.
 22 29    Sec. 40.  Section 444.27, subsection 1, Code 1997, is
 22 30 amended to read as follows:
 22 31    1.  For purposes of section 444.25, sections 24.48 and
 22 32 331.426 are void for the fiscal years beginning July 1, 1993,
 22 33 and July 1, 1994.  For purposes of section 444.25A, sections
 22 34 24.48 and 331.426 are void for the fiscal years beginning July
 22 35 1, 1995, and July 1, 1996.
 23  1    Sec. 41.  Section 445.32, Code 1997, is amended to read as
 23  2 follows:
 23  3    445.32  LIENS ON BUILDINGS OR IMPROVEMENTS.
 23  4    If a building or improvement is erected or made by a person
 23  5 other than the owner of the land on which the building or
 23  6 improvement is located, as provided for in section 428.4, the
 23  7 taxes on the building or improvement are and remain a lien on
 23  8 the building or improvement from the date of levy until paid.
 23  9 If the taxes on the building or improvement become delinquent,
 23 10 as provided in section 445.37, the county treasurer shall
 23 11 collect the tax as provided in sections 445.3 and 445.4.  This
 23 12 section does not apply to special assessments, or rates or
 23 13 charges.
 23 14    Sec. 42.  Section 452A.17, subsection 1, paragraph a, Code
 23 15 1997, is amended by adding the following new subparagraph:
 23 16    NEW SUBPARAGRAPH.  (9)  Undyed special fuel used in
 23 17 watercraft.
 23 18    Sec. 43.  Section 452A.17, subsection 1, paragraph b,
 23 19 subparagraphs (4) and (5), Code 1997, are amended to read as
 23 20 follows:
 23 21    (4)  The claim shall state the gallonage of motor fuel or
 23 22 undyed special fuel that was used or will be used by the
 23 23 claimant other than in watercraft or aircraft or to propel
 23 24 motor vehicles, the manner in which the motor fuel or undyed
 23 25 special fuel was used or will be used, and the equipment in
 23 26 which it was used or will be used.
 23 27    (5)  The claim shall state whether the claimant used fuel
 23 28 for watercraft or aircraft or to propel motor vehicles from
 23 29 the same tanks or receptacles in which the claimant kept the
 23 30 motor fuel or undyed special fuel on which the refund is
 23 31 claimed.
 23 32    Sec. 44.  Section 452A.65, unnumbered paragraph 1, Code
 23 33 1997, is amended to read as follows:
 23 34    In addition to the tax or additional tax, the taxpayer
 23 35 shall pay a penalty as provided in section 421.27.  The
 24  1 taxpayer shall also pay interest on the tax or additional tax
 24  2 at the rate in effect under section 421.7 counting each
 24  3 fraction of a month as an entire month, computed from the date
 24  4 the return was required to be filed.  If the amount of the tax
 24  5 as determined by the appropriate state agency is less than the
 24  6 amount paid, the excess shall be refunded with interest, the
 24  7 interest to begin to accrue on the first day of the third
 24  8 second calendar month following the date of payment or the
 24  9 date the return was due to be filed or was filed, whichever is
 24 10 the latest, at the rate in effect under section 421.7 counting
 24 11 each fraction of a month as an entire month under the rules
 24 12 prescribed by the appropriate state agency.  In lieu of a
 24 13 refund allowed under this section, the licensee may request
 24 14 that the department allow the refund to be held as a credit
 24 15 for the licensee.  Claims for refund filed under sections
 24 16 452A.17 and 452A.21 shall accrue interest beginning with the
 24 17 first day of the second calendar month following the date the
 24 18 refund claim is received by the department.
 24 19    Sec. 45.  Section 633.699, subsection 7, Code 1997, is
 24 20 amended to read as follows:
 24 21    7.  To make any required division, allocation, or
 24 22 distribution in whole or in part in money, securities, or
 24 23 other property, and in undivided interests therein pro rata,
 24 24 nonpro rata, or in combination of these methods, and to
 24 25 continue to hold any remaining undivided interest in trust.
 24 26    Sec. 46.  Section 633.703A, subsection 1, unnumbered
 24 27 paragraph 1, Code 1997, is amended to read as follows:
 24 28    In order to allow a trust to qualify as a marital deduction
 24 29 trust for federal estate tax purposes, as a qualified
 24 30 subchapter S trust for federal income tax purposes, as
 24 31 separate trusts for federal generation-skipping tax purposes,
 24 32 or for any other federal or state income, estate, excise, or
 24 33 inheritance tax benefit or to facilitate the administration of
 24 34 a trust or trusts, the governing instrument of a trust may be
 24 35 amended as follows to permit the trust to be divided in cash
 25  1 or in kind, including in undivided interests, by pro rata or
 25  2 nonpro rata division, or in any combination thereof, into one
 25  3 or more separate trusts or be consolidated with one or more
 25  4 other trusts into a single trust:
 25  5    Sec. 47.  Section 99D.14, subsection 6, Code 1997, as
 25  6 amended by 1997 Iowa Acts, House File 212, section 2, is
 25  7 amended to read as follows:
 25  8    6.  Real property used in the operation of a racetrack or
 25  9 racetrack enclosure which is exempt from property taxation
 25 10 under another provision of the law, including being exempt
 25 11 because it is owned by a city, county, state, or charitable or
 25 12 nonprofit entity, may be subject to real property taxation by
 25 13 any taxing district in which the real property used in the
 25 14 operation of the racetrack or racetrack enclosure is located.
 25 15 To subject such real property to taxation, the taxing
 25 16 authority of the taxing district shall pass a resolution
 25 17 imposing the tax and, if the resolution is passed prior to
 25 18 September 1, 1997, shall notify the county local assessor,
 25 19 director of revenue and finance, and the owner of record of
 25 20 the real property by September 1, 1997, preceding the fiscal
 25 21 year in which the real property taxes are due and payable.
 25 22 The assessed value shall be determined and notice of the
 25 23 assessed value shall be provided to the county auditor by the
 25 24 department of revenue and finance local assessor by October
 25 25 15, 1997, and the owner may protest the assessed value to the
 25 26 state local board of tax review by December 1, 1997.  For
 25 27 resolutions passed on or after September 1, 1997, the taxing
 25 28 authority shall notify the local assessor and owner of record
 25 29 prior to the next assessment year and the valuation and appeal
 25 30 shall be done in the manner and time as for other valuations.
 25 31 Property taxes due as a result of this subsection shall be
 25 32 paid to the county treasurer in the manner and time as other
 25 33 property taxes.  The county treasurer shall remit the tax
 25 34 revenue to those taxing authorities imposing the property tax
 25 35 under this subsection.  Real property subject to tax as
 26  1 provided in this subsection shall continue to be taxed until
 26  2 such time as the taxing authority of the taxing district
 26  3 repeals the resolution subjecting the property to taxation.
 26  4 Notwithstanding section 99D.7, the department of revenue and
 26  5 finance shall adopt rules to implement this subsection.
 26  6    Sec. 48.  Sections 236.15A, 427A.13, 440.2, 440.3, 440.4,
 26  7 444.25, and 444.28, Code 1997, are repealed.
 26  8    Sec. 49.  Sections 11 and 13 of this Act which amend
 26  9 sections 422.5 and 422.32 apply retroactively to January 1,
 26 10 1997, for tax years beginning on or after that date.
 26 11    Sec. 50.  Section 17 of this Act, amending section 422.45,
 26 12 subsection 18, being deemed of immediate importance, takes
 26 13 effect upon enactment.
 26 14    Sec. 51.  Sections 6, 12, and 22 of this Act, enacting
 26 15 section 421.17, subsection 22A and amending section 422.20 and
 26 16 section 422.72, subsection 3, and relating to contractual
 26 17 agreements by the department of revenue and finance, being
 26 18 deemed of immediate importance, take effect upon enactment.
 26 19    Sec. 52.  Section 20 of this Act, enacting section 422.53,
 26 20 subsection 8, takes effect January 1, 1998.
 26 21    Sec. 53.  Sections 42 and 43 of this Act, amending section
 26 22 452A.17, subsection 1, being deemed of immediate importance,
 26 23 take effect upon enactment and apply retroactively to July 1,
 26 24 1996.  
 26 25 
 26 26 
 26 27                                                             
 26 28                               RON J. CORBETT
 26 29                               Speaker of the House
 26 30 
 26 31 
 26 32                                                             
 26 33                               MARY E. KRAMER
 26 34                               President of the Senate
 26 35 
 27  1    I hereby certify that this bill originated in the House and
 27  2 is known as House File 266, Seventy-seventh General Assembly.
 27  3 
 27  4 
 27  5                                                             
 27  6                               ELIZABETH ISAACSON
 27  7                               Chief Clerk of the House
 27  8 Approved                , 1997
 27  9 
 27 10 
 27 11                         
 27 12 TERRY E. BRANSTAD
 27 13 Governor
     
Text: HF00265                           Text: HF00267
Text: HF00200 - HF00299                 Text: HF Index
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