Text: HSB00696 Text: HSB00698 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 331.401, subsection 1, Code Supplement
1 2 1999, is amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. s. Examine and allow or disallow claims
1 4 for valuation reduction in accordance with section 441.21A.
1 5 Sec. 2. Section 441.21, subsection 1, paragraph g, Code
1 6 Supplement 1999, is amended to read as follows:
1 7 g. Notwithstanding any other provision of this section,
1 8 the actual value of any property shall not exceed its fair and
1 9 reasonable market value, except agricultural property which
1 10 shall be valued exclusively as provided in paragraph "e" of
1 11 this subsection and property to which section 441.21A is
1 12 applicable.
1 13 Sec. 3. NEW SECTION. 441.21A VALUATION REDUCTION FOR
1 14 CERTAIN PROPERTY.
1 15 1. a. Beginning with the assessment year beginning
1 16 January 1, 2001, and for all subsequent assessment years,
1 17 property located near a hog confinement facility may be
1 18 subject to a reduction in valuation in the manner provided in
1 19 this section.
1 20 b. For purposes of this section:
1 21 (1) "Hog confinement facility" means a porcine feeding
1 22 operation which has an animal weight capacity of six hundred
1 23 thousand pounds or more live weight. Animal weight capacity
1 24 is determined by multiplying the maximum number of animals
1 25 which the owner or operator confines in an animal feeding
1 26 operation at any one time by the average weight during a
1 27 production cycle.
1 28 (2) "Residential property" includes agricultural
1 29 dwellings.
1 30 2. To apply for a reduction in assessed valuation, a
1 31 person shall, between July 1 and October 15 of the calendar
1 32 year prior to the assessment year for which the reduction is
1 33 first claimed, deliver to the local assessor a verified
1 34 statement and designation of the parcels for which the
1 35 reduction in valuation is claimed. If only a portion of a
2 1 parcel is within the required distance, the value of the
2 2 entire parcel shall be reduced based upon the location of that
2 3 portion. Not later than December 1 of each year, the assessor
2 4 shall remit the statements and designation of qualifying
2 5 tracts and parcels to the county auditor with the assessor's
2 6 recommendation for allowance or disallowance. If the assessor
2 7 recommends disallowance of a claim, the assessor shall submit
2 8 the reasons for the recommendation, in writing, to the county
2 9 auditor.
2 10 The county auditor shall forward the claims to the board of
2 11 supervisors. The board shall allow or disallow the claims.
2 12 If the board disallows a claim, it shall send written notice,
2 13 by mail, to the claimant at the claimant's last known address.
2 14 The notice shall state the reasons for disallowing all or a
2 15 part of the claim for reduction. The board is not required to
2 16 send notice that a claim is disallowed if the claimant
2 17 voluntarily withdraws the claim.
2 18 Upon the filing and allowance of a reduction in valuation,
2 19 the claim shall be allowed on that property for successive
2 20 years without further filing as long as the property qualifies
2 21 for reduction based on its proximity to a hog confinement
2 22 facility or as long as the property is owned by the person who
2 23 owned the property in the year in which the claim was filed.
2 24 The assessor shall retain a permanent file of current
2 25 reduction claims filed in the assessor's office. The assessor
2 26 shall file a notice of transfer of property for which a claim
2 27 is filed when notice is received from the office of the county
2 28 recorder. The county recorder shall give notice to the
2 29 assessor of each transfer of title filed in the recorder's
2 30 office. The notice shall describe the property transferred,
2 31 the name of the person transferring the title to the property,
2 32 and the name of the person to whom title to the property has
2 33 been transferred. When such property is transferred, the new
2 34 owner or taxpayer must reapply for the reduction in value.
2 35 3. a. The assessed valuation of property located one mile
3 1 or less from a hog confinement facility shall be reduced as
3 2 follows:
3 3 (1) For residential, commercial, or industrial property,
3 4 the assessed valuation shall be reduced by thirty percent.
3 5 (2) For agricultural property, the capitalization rate
3 6 applied in section 441.21, subsection 1, paragraph "e", shall
3 7 be ten percent.
3 8 b. The assessed valuation of property located three miles
3 9 or less but more than one mile from a hog confinement facility
3 10 shall be reduced as follows:
3 11 (1) For residential, commercial, or industrial property,
3 12 the assessed valuation shall be reduced by ten percent.
3 13 (2) For agricultural property, the capitalization rate
3 14 applied in section 441.21, subsection 1, paragraph "e", shall
3 15 be eight percent.
3 16 c. The reduction shall be applied before any other
3 17 percentage reductions provided for in section 441.21.
3 18 d. If the value of property assessed pursuant to section
3 19 427B.17 is reduced by operation of this section, the amount of
3 20 the reduction shall not be taken into account for purposes of
3 21 calculating a claim for state property tax replacement under
3 22 section 427B.19.
3 23 4. Property on which a hog confinement facility is located
3 24 is not eligible for the reduction in valuation. Property
3 25 within the one-mile or three-mile area which is owned or
3 26 leased by the operator or owner of a hog confinement facility
3 27 is not eligible for the reduction in valuation. Once a hog
3 28 confinement facility upon which claims have been allowed
3 29 discontinues operation as a facility as defined in this
3 30 subsection, the reduction in valuation ceases beginning with
3 31 the assessment year following the calendar year in which the
3 32 hog confinement facility ceases operations.
3 33 EXPLANATION
3 34 This bill provides for a reduction in the valuation of
3 35 property for property tax purposes of property located near a
4 1 hog confinement facility. The bill defines "hog confinement
4 2 facility" as a porcine feeding operation which has an animal
4 3 weight capacity of six hundred thousand pounds or more live
4 4 weight. Animal weight capacity is determined by multiplying
4 5 the maximum number of animals which the owner or operator
4 6 confines in an animal feeding operation at any one time by the
4 7 average weight during a production cycle.
4 8 The bill provides that the assessed valuation of
4 9 residential, commercial, or industrial property located one
4 10 mile or less from a hog confinement facility will be reduced
4 11 by 30 percent and the valuation of such property located three
4 12 miles or less but more than one mile from a hog confinement
4 13 facility will be reduced by 10 percent. The bill also
4 14 provides that agricultural property located one mile or less
4 15 from a hog confinement facility will be capitalized at a rate
4 16 of 10 percent for purposes of property tax valuation and
4 17 agricultural property located three miles or less but more
4 18 than one mile from a hog confinement facility will be
4 19 capitalized at a rate of eight percent for purposes of
4 20 property tax valuation. The current capitalization rate for
4 21 agricultural property is seven percent.
4 22 The bill provides a procedure for applying to the local
4 23 assessor for the reduction in valuation. The reduction in
4 24 valuation shall continue from year-to-year as long as the hog
4 25 confinement facility is in operation as a facility defined in
4 26 the bill and as long as the property receiving the reduction
4 27 is not transferred to new ownership. If ownership changes,
4 28 the new owner or taxpayer must reapply for the reduction. The
4 29 owner or operator of the hog confinement facility may not
4 30 apply for a reduction in value.
4 31 LSB 5401HC 78
4 32 sc/as/5
Text: HSB00696 Text: HSB00698 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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