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PAG LIN
1 1 SENATE FILE 520
1 2
1 3 AN ACT
1 4 RELATING TO THE PROPERTY TAX EXEMPTION FOR METHANE GAS AND
1 5 OTHER GAS CONVERSION PROPERTY AND PROVIDING A RETROACTIVE
1 6 APPLICABILITY DATE AND AN EFFECTIVE DATE.
1 7
1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 9
1 10 Section 1. Section 427.1, subsection 29, unnumbered
1 11 paragraph 2, Code 2001, is amended to read as follows:
1 12 For purposes of this subsection, "methane gas conversion
1 13 property" means personal property, real property, and
1 14 improvements to real property, and machinery, equipment, and
1 15 computers assessed as real property pursuant to section
1 16 427A.1, subsection 1, paragraphs "e" and "j", used in an
1 17 operation connected with, or in conjunction with, a publicly
1 18 owned sanitary landfill to collect methane gas or other gases
1 19 produced as a by-product of waste decomposition and to convert
1 20 the gas to energy, or to collect waste that would otherwise be
1 21 collected by, or deposited with, a publicly owned sanitary
1 22 landfill in order to decompose the waste to produce methane
1 23 gas or other gases and to convert the gas to energy. However,
1 24 property used to decompose the waste and convert the waste to
1 25 gas is not eligible for this exemption.
1 26 Sec. 2. FILING OF CLAIMS. As a result of the retroactive
1 27 application of this Act, a taxpayer may file a claim for
1 28 credit of electric generation tax with the appropriate chief
1 29 financial officer for the 1998, 1999, 2000, and 2001 tax
1 30 years, no later than July 1, 2001. In order to qualify for a
1 31 credit of electric generation tax, the taxpayer must also file
1 32 a claim for property tax exemption under section 427.1,
1 33 subsection 29, for assessment years 1998, 1999, 2000, and
1 34 2001, by June 1, 2001, and be approved by the appropriate
1 35 assessing authority. If a claim for credit is allowed for any
2 1 of those tax years and the electric generation taxes remain
2 2 unpaid for any of those tax years, the amount of electric
2 3 generation taxes due, including interest, penalty, and other
2 4 additions to the taxes, shall be credited to the taxpayer. If
2 5 a claim for electric generation tax credit or for property tax
2 6 exemption for any one of those years is filed pursuant to this
2 7 Act and is denied by the city or county to which the tax is
2 8 owed, the claimant may, within fifteen days of the denial,
2 9 apply to the director of revenue and finance for a hearing on
2 10 the claim.
2 11 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.7 shall not
2 12 apply to this Act.
2 13 Sec. 4. EFFECTIVE DATE AND RETROACTIVE APPLICABILITY
2 14 PROVISIONS. This Act, being deemed of immediate importance,
2 15 takes effect upon enactment and applies retroactively to
2 16 January 1, 1998, for purposes of taxes levied pursuant to
2 17 section 437A.6. Those taxpayers who would not be subject to
2 18 tax under section 437A.6 had the taxpayer been deemed exempt
2 19 from property tax under section 427.1, subsection 29, shall be
2 20 eligible to claim a credit for electric generation taxes
2 21 pursuant to section 2 of this Act. Such taxpayer shall be
2 22 deemed exempt from property taxation for purposes of section
2 23 427.1, subsection 29, but the taxpayer shall not be eligible
2 24 for a refund or abatement of property taxes.
2 25
2 26
2 27
2 28 MARY E. KRAMER
2 29 President of the Senate
2 30
2 31
2 32
2 33 BRENT SIEGRIST
2 34 Speaker of the House
2 35
3 1 I hereby certify that this bill originated in the Senate and
3 2 is known as Senate File 520, Seventy-ninth General Assembly.
3 3
3 4
3 5
3 6 MICHAEL E. MARSHALL
3 7 Secretary of the Senate
3 8 Approved , 2001
3 9
3 10
3 11
3 12 THOMAS J. VILSACK
3 13 Governor
Text: SF00519 Text: SF00521 Text: SF00500 - SF00599 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
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