Text: H08364 Text: H08366 Text: H08300 - H08399 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2298, as amended, passed, and 1 2 reprinted by the Senate as follows: 1 3 #1. Page 28, line 15, by striking the figure 1 4 "5,784,500", and inserting the following: 1 5 "6,084,500". 1 6 #2. Page 34, by striking lines 33 and 34 and 1 7 inserting the following: 1 8 "................................................. $ 4,889,124 1 9 ............................................... FTEs 94.20" 1 10 #3. Page 35, by striking lines 15 through 20. 1 11 #4. Page 63, by inserting after line 5, the 1 12 following: 1 13 "Sec. ___. Section 256.7, Code Supplement 2003, is 1 14 amended by adding the following new subsection: 1 15 NEW SUBSECTION. 26. Adopt rules that set 1 16 standards for the approval of teacher intern 1 17 preparation programs in accordance with section 1 18 262.76. The state board shall process and respond to 1 19 an application submitted by a higher education 1 20 institution or consortium in accordance with section 1 21 262.76 within six months after the date of receipt of 1 22 the application." 1 23 #5. Page 65, by inserting after line 6, the 1 24 following: 1 25 "Sec. . NEW SECTION. 262.76 TEACHER INTERN 1 26 PREPARATION PROGRAM. 1 27 The state board of regents and the colleges of 1 28 education at its institutions of higher learning shall 1 29 work cooperatively with other accredited postsecondary 1 30 institutions with practitioner preparation programs 1 31 and the department of education to ensure that at 1 32 least one teacher intern preparation program is 1 33 established within the state that meets the standards 1 34 as provided in 281 IAC ch. 77. Not later than July 1, 1 35 2005, the board shall establish the teacher intern 1 36 preparation program wholly within one of its higher 1 37 education institutions or through a consortium of 1 38 institutions. The board may also consider cooperative 1 39 arrangements with other higher education institutions, 1 40 including those that do not have practitioner 1 41 preparation programs, or with area education agencies 1 42 provided any program established by such a cooperative 1 43 arrangement meets the standards as provided in 281 IAC 1 44 ch. 77." 1 45 #6. Page 65, line 22, by inserting after the word 1 46 "contracts" the following: ", if applicable,". 1 47 #7. Page 161, by striking lines 2 through 12. 1 48 #8. Page 169, by striking lines 3 through 16. 1 49 #9. Page 169, line 27, by striking the words "the 1 50 effective date of this Act" and inserting the 2 1 following: "July 1, 2004". 2 2 #10. Page 170, by striking lines 1 through 17. 2 3 #11. Page 171, by inserting after line 30 the 2 4 following: 2 5 "Sec. . NEW SECTION. 564.9 DEPARTMENT OF 2 6 NATURAL RESOURCES – ACCESS. 2 7 1. The department of natural resources shall grant 2 8 the owner of a parcel of land access to a public road 2 9 if any of the following applies: 2 10 a. It is otherwise impossible for the owner to 2 11 access the public road because the parcel is 2 12 surrounded by land held by the department. 2 13 b. The parcel is otherwise surrounded by land with 2 14 a topography that makes access unreasonable. 2 15 c. Access by another way would cause degradation 2 16 or destroy the integrity of the land. 2 17 2. The department may grant access to the owner by 2 18 the sale, exchange, or other transfer of land or by 2 19 the grant of an easement. 2 20 3. A person entitled to access as provided in this 2 21 section may construct a road for automobile traffic 2 22 from the parcel to the public road. The owner shall 2 23 be responsible for constructing and maintaining any 2 24 private road from the parcel to the public road which 2 25 shall not be more than twenty feet in width unless 2 26 otherwise agreed to by the parties." 2 27 #12. By striking page 173, line 28, through page 2 28 174, line 11. 2 29 #13. Page 177, line 17, by striking the word and 2 30 figures "13B.4, subsection 2,". 2 31 #14. Page 177, by striking lines 20 through 24. 2 32 #15. Page 182, line 28, by striking the words 2 33 "school year detailing contract settlement" and 2 34 inserting the following: "contract settlement". 2 35 #16. Page 184, by striking lines 19 through 34. 2 36 #17. By striking page 184, line 35, through page 2 37 185, line 9. 2 38 #18. By striking page 192, line 29, through page 2 39 193, line 30, and inserting the following: 2 40 "Sec. . Section 425.1, subsection 1, unnumbered 2 41 paragraph 1, Code Supplement 2003, is amended to read 2 42 as follows: 2 43 A homestead credit fund is created.There is2 44appropriated annually from the general fund of the2 45stateNotwithstanding any conflicting provisions of 2 46 section 8.56, there is appropriated for the fiscal 2 47 year beginning July 1, 2004, and ending June 30, 2005, 2 48 from the cash reserve fund created in section 8.56 to 2 49 the department of revenue to be credited to the 2 50 homestead credit fund, an amountsufficientequal to 3 1 one hundred two million nine hundred forty-five 3 2 thousand three hundred seventy-nine dollars to 3 3 implement this chapter. 3 4 Sec. . Section 425.19, Code 2003, is amended to 3 5 read as follows: 3 6 425.19 CLAIM AND CREDIT OR REIMBURSEMENT. 3 7 Subject to the limitations provided in this 3 8 division, a claimant may annually claim a credit for 3 9 property taxes due during the fiscal year next 3 10 following the base year or claim a reimbursement for 3 11 rent constituting property taxes paid in the base 3 12 year. The amount of the credit for property taxes due 3 13 for a homestead shall be paid on June 15 of each year 3 14 by the director to the county treasurer who shall 3 15 credit the money received against the amount of the 3 16 property taxes due and payable on the homestead of the 3 17 claimant and the amount of the reimbursement for rent 3 18 constituting property taxes paid shall be paid to the 3 19 claimantfromby the stategeneral fundon or before 3 20 December 31of each yearunless otherwise provided. 3 21 Sec. . Section 425.23, subsection 3, paragraph 3 22 a, Code Supplement 2003, is amended to read as 3 23 follows: 3 24 a. A person who is eligible to file a claim for 3 25 credit for property taxes due and who has a household 3 26 income of eight thousand five hundred dollars or less 3 27 and who has an unpaid special assessment levied 3 28 against the homestead may file a claim for a special 3 29 assessment credit with the county treasurer. The 3 30 department shall provide to the respective treasurers 3 31 the forms necessary for the administration of this 3 32 subsection. The claim shall be filed not later than 3 33 September 30 of each year. Upon the filing of the 3 34 claim, interest for late payment shall not accrue 3 35 against the amount of the unpaid special assessment 3 36 due and payable. The claim filed by the claimant 3 37 constitutes a claim for credit of an amount equal to 3 38 the actual amount due upon the unpaid special 3 39 assessment, plus interest, payable during the fiscal 3 40 year for which the claim is filed against the 3 41 homestead of the claimant. However, where the 3 42 claimant is an individual described in section 425.17, 3 43 subsection 2, paragraph "b", and the tentative credit 3 44 is determined according to the schedule in subsection 3 45 1, paragraph "b", subparagraph (2), of this section, 3 46 the claim filed constitutes a claim for credit of an 3 47 amount equal to one-half of the actual amount due and 3 48 payable during the fiscal year. The treasurer shall 3 49 certify to the director of revenue not later than 3 50 October 15 of each year the total amount of dollars 4 1 due for claims allowed. The amount of reimbursement 4 2 due each county shall be paid by the director of 4 3 revenue by November 15 of each year, drawn upon 4 4 warrants payable to the respective treasurer.There4 5is appropriated annually from the general fund of the4 6state to the department of revenue an amount4 7sufficient to carry out the provisions of this4 8subsection.The treasurer shall credit any moneys 4 9 received from the department against the amount of the 4 10 unpaid special assessment due and payable on the 4 11 homestead of the claimant. 4 12 Sec. . Section 425.39, Code Supplement 2003, is 4 13 amended to read as follows: 4 14 425.39 FUND CREATED – APPROPRIATION – PRIORITY. 4 15 The elderly and disabled property tax credit and 4 16 reimbursement fund is created.There is appropriated4 17annually from the general fund of the state4 18 Notwithstanding any conflicting provisions of section 4 19 8.56, there is appropriated for the fiscal year 4 20 beginning July 1, 2004, and ending June 30, 2005, from 4 21 the cash reserve fund created in section 8.56 to the 4 22 department of revenue to be credited to the elderly 4 23 and disabled property tax credit and reimbursement 4 24 fund, from funds not otherwise appropriated,an amount 4 25sufficientequal to nineteen million five hundred 4 26 forty thousand dollars to implement this division for 4 27 claimants described in section 425.17, subsection 2, 4 28 paragraph "a". If the sum of the amount of claims for 4 29 credit for property taxes due plus the amount of 4 30 claims for reimbursement for rent constituting 4 31 property tax paid which are to be paid during the 4 32 fiscal year beginning July 1, 2004, exceeds the amount 4 33 appropriated in this section, the director of revenue 4 34 shall prorate the payments for the property tax credit 4 35 and for reimbursement for rent constituting property 4 36 tax paid. In order for the director to carry out the 4 37 requirements of this section, notwithstanding any 4 38 provision to the contrary in this chapter, claims for 4 39 reimbursement for rent constituting property taxes 4 40 paid filed before May 1, 2005, shall be eligible to be 4 41 paid during the fiscal year ending June 30, 2005, and 4 42 those claims filed on or after May 1, 2005, shall be 4 43 eligible to be paid during the fiscal year beginning 4 44 July 1, 2005, and the director is not required to make 4 45 payments to counties for the property tax credit 4 46 before June 15, 2005. 4 47 Sec. . Section 425A.1, Code 2003, is amended to 4 48 read as follows: 4 49 425A.1 FAMILY FARM TAX CREDIT FUND. 4 50 The family farm tax credit fund is created in the 5 1 office of the treasurer of state. There shall be 5 2 transferred annually to the fund the first ten million 5 3 dollars of the amountannuallyappropriated to the 5 4 agricultural land credit fund, provided in section 5 5 426.1.Any balance in the fund on June 30 shall5 6revert to the general fund.5 7 Sec. . Section 426.1, Code 2003, is amended to 5 8 read as follows: 5 9 426.1 AGRICULTURAL LAND CREDIT FUND. 5 10 There is created as a permanent fund in the office 5 11 of the treasurer of state a fund to be known as the 5 12 agricultural land credit fund, and for the purpose of5 13establishing and maintaining this fund for each fiscal5 14year there is appropriated thereto from funds in the5 15general fund not otherwise appropriated the sum of5 16thirty-nine million one hundred thousand dollars. 5 17 Notwithstanding any conflicting provisions of section 5 18 8.56, there is appropriated for the fiscal year 5 19 beginning July 1, 2004, and ending June 30, 2005, from 5 20 the cash reserve fund created in section 8.56 to the 5 21 agricultural land credit fund the sum of thirty-four 5 22 million six hundred ten thousand one hundred eighty- 5 23 three dollars of which the first ten million dollars 5 24 shall be transferred to and deposited into the family 5 25 farm tax credit fund created in section 425A.1.Any5 26balance in said fund on June 30 shall revert to the5 27general fund.5 28 Sec. . Section 426A.1A, Code 2003, is amended 5 29 by striking the section and inserting in lieu thereof 5 30 the following: 5 31 426A.1A APPROPRIATIONS. 5 32 Notwithstanding any conflicting provisions of 5 33 section 8.56, there is appropriated for the fiscal 5 34 year beginning July 1, 2004, and ending June 30, 2005, 5 35 from the cash reserve fund created in section 8.56 to 5 36 the department of revenue the sum of two million five 5 37 hundred sixty-eight thousand four hundred two dollars 5 38 to fund the credits provided under this chapter. 5 39 Sec. . Section 426A.4, Code Supplement 2003, is 5 40 amended to read as follows: 5 41 426A.4 CERTIFICATION BY DIRECTOR OF REVENUE. 5 42 Sums distributable from thegeneral fund of the5 43 state shall be allocated annually to the counties of 5 44 the state. On September 15 annually the director of 5 45 revenue shall certify and draw warrants to the 5 46 treasurer of each county payable from thegeneral5 47 designated fund of the state in the amount claimed. 5 48 Payments shall be made to the treasurer of each county 5 49 not later than September 30 of each year. 5 50 Sec. . Section 426A.6, Code Supplement 2003, is 6 1 amended to read as follows: 6 2 426A.6 SETTING ASIDE ALLOWANCE. 6 3 If the director of revenue determines that a claim 6 4 for military service tax exemption has been allowed by 6 5 a board of supervisors which is not justifiable under 6 6 the law and not substantiated by proper facts, the 6 7 director may, at any time within thirty-six months 6 8 from July 1 of the year in which the claim is allowed, 6 9 set aside the allowance. Notice of the disallowance 6 10 shall be given to the county auditor of the county in 6 11 which the claim has been improperly granted and a 6 12 written notice of the disallowance shall also be 6 13 addressed to the claimant at the claimant's last known 6 14 address. The claimant or the board of supervisors may 6 15 appeal to the state board of tax review pursuant to 6 16 section 421.1, subsection 4. The claimant or the 6 17 board of supervisors may seek judicial review of the 6 18 action of the state board of tax review in accordance 6 19 with chapter 17A. If a claim is disallowed by the 6 20 director of revenue and not appealed to the state 6 21 board of tax review or appealed to the state board of 6 22 tax review and thereafter upheld upon final 6 23 resolution, including judicial review, the credits 6 24 allowed and paidfrom the general fund ofby the state 6 25 become a lien upon the property on which the credit 6 26 was originally granted, if still in the hands of the 6 27 claimant and not in the hands of a bona fide 6 28 purchaser, the amount so erroneously paid shall be 6 29 collected by the county treasurer in the same manner 6 30 as other taxes, and the collections shall be returned 6 31 to the department of revenue and credited to the 6 32general fund of the statefund from which the claim 6 33 was paid. The director of revenue may institute legal 6 34 proceedings against a military service tax exemption 6 35 claimant for the collection of payments made on 6 36 disallowed exemptions. 6 37 Sec. . Section 426A.8, unnumbered paragraphs 1 6 38 and 4, Code Supplement 2003, are amended to read as 6 39 follows: 6 40 If the amount of credit apportioned to any property 6 41 eligible to military service tax exemption under this 6 42 chapter in any year shall exceed the total tax, 6 43 exclusive of any special assessments levied against 6 44 such property eligible for military service tax 6 45 exemption, then the excess shall be remitted by the 6 46 county treasurer to the department of revenue to be 6 47 redeposited in thegeneralfundof the statefrom 6 48 which the credit was paid and reallocated the 6 49 following year by the department. 6 50 The amount of the credit shall be allocated and 7 1 paid from the surplus redeposited in thegeneralfund 7 2 of the state provided for in the first paragraph of 7 3 this section. 7 4 Sec. . Section 426A.9, Code Supplement 2003, is 7 5 amended to read as follows: 7 6 426A.9 ERRONEOUS CREDITS. 7 7 If any claim is allowed, and subsequently reversed 7 8 on appeal, any credit shall be void, and the amount of 7 9 the credit shall be charged against the property in 7 10 question, and the director of revenue, the county 7 11 auditor and the county treasurer shall correct their 7 12 books and records. The amount of the erroneous 7 13 credit, when collected, shall be returned by the 7 14 county treasurer to thegeneralfund of the state from 7 15 which the credit was paid. 7 16 Sec. . Section 435.22, subsection 5, unnumbered 7 17 paragraph 6, Code Supplement 2003, is amended to read 7 18 as follows: 7 19There is appropriated annually from the general7 20fund of the stateThe appropriation made in section 7 21 425.39 shall be available to the department of revenue 7 22an amount sufficientto carry out this subsection." 7 23 #19. Page 203, by inserting after line 16 the 7 24 following: 7 25 "Sec. . MODIFIED ADDITIONAL ALLOWABLE GROWTH. 7 26 For the fiscal year beginning July 1, 2004, and ending 7 27 June 30, 2005, notwithstanding anything contrary in 7 28 section 257.18, subsection 2, if the board adopts a 7 29 resolution, not later than April 15, 2004, to increase 7 30 its participation in the instructional support program 7 31 under section 257.18 and a petition is not filed or if 7 32 the question is submitted to the registered voters of 7 33 the school district and the question is approved, the 7 34 school budget review committee shall establish 7 35 modified allowable growth for the school district for 7 36 the fiscal year beginning July 1, 2004, for the amount 7 37 of increased spending authority. The modified 7 38 allowable growth shall equal the sum of the state aid 7 39 and property tax portion of the instructional support 7 40 program requested by the district. The district is 7 41 not eligible for state aid as determined under section 7 42 257.20 due to increased participation percent." 7 43 #20. Page 204, by striking line 11 and inserting 7 44 the following: 7 45 "Sec. . Sections 25B.7 and 266.39D, Code 7 46 Supplement 2003, are". 7 47 #21. Page 204, line 19, by striking the figure ", 7 48 257.16,". 7 49 #22. Page 204, by striking lines 32 through 34 and 7 50 inserting the following: 8 1 " . The section of this division of this Act 8 2 providing modified allowable growth for school 8 3 districts to participate in an instructional support 8 4 program, being deemed of immediate importance, takes 8 5 effect upon enactment." 8 6 #23. By renumbering, relettering, or redesignating 8 7 and correcting internal references as necessary. 8 8 8 9 8 10 8 11 COMMITTEE ON APPROPRIATIONS 8 12 DIX of Butler, Chairperson 8 13 SF 2298.217 80 8 14 mg/sh
Text: H08364 Text: H08366 Text: H08300 - H08399 Text: H Index Bills and Amendments: General Index Bill History: General Index
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