Text: HF00664                           Text: HF00666
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House File 665

Partial Bill History

Bill Text

PAG LIN
  1  1                                              HOUSE FILE 665
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO PROPERTY TAXATION OF CERTAIN LANDS LEASED TO OTHERS
  1  5    BY THE DEPARTMENT OF CORRECTIONS OR DEPARTMENT OF HUMAN
  1  6    SERVICES AND PROVIDING FOR THE ACT'S APPLICABILITY.  
  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 1, Code 2003, is
  1 11 amended to read as follows:
  1 12    1.  FEDERAL AND STATE PROPERTY.  The property of the United
  1 13 States and this state, including state university, university
  1 14 of science and technology, and school lands, except as
  1 15 otherwise provided in this subsection.  The exemption herein
  1 16 provided shall not include any real property subject to
  1 17 taxation under any federal statute applicable thereto, but
  1 18 such exemption shall extend to and include all machinery and
  1 19 equipment owned exclusively by the United States or any
  1 20 corporate agency or instrumentality thereof without regard to
  1 21 the manner of the affixation of such machinery and equipment
  1 22 to the land or building upon or in which such property is
  1 23 located, until such time as the Congress of the United States
  1 24 shall expressly authorize the taxation of such machinery and
  1 25 equipment.
  1 26    Sec. 2.  Section 427.1, subsection 1, Code 2003, is amended
  1 27 by adding the following new unnumbered paragraph:
  1 28    NEW UNNUMBERED PARAGRAPH.  Property of the state operated
  1 29 pursuant to section 904.302, 904.705, or 904.706 that is
  1 30 leased to an entity other than an entity which is exempt from
  1 31 property taxation under this section shall be subject to
  1 32 property taxation for the term of the lease.  Property taxes
  1 33 levied against such leased property shall be paid from the
  1 34 revolving farm fund created in section 904.706.  The lessor
  1 35 shall file a copy of the lease with the county assessor of the
  2  1 county where the property is located.
  2  2    Sec. 3.  Section 904.302, Code 2003, is amended by adding
  2  3 the following new subsection:
  2  4    NEW SUBSECTION.  7A.  Pay property taxes levied against
  2  5 land leased by the department of corrections or department of
  2  6 human services as provided in section 427.1, subsection 1.
  2  7    Sec. 4.  Section 904.705, unnumbered paragraph 2, Code
  2  8 2003, is amended to read as follows:
  2  9    The director may with the assistance of the department of
  2 10 natural resources establish and operate forestry nurseries on
  2 11 state-owned land under the control of the department.
  2 12 Residents of the adult correctional institutions shall provide
  2 13 the labor for the operation.  Nursery stock shall be sold in
  2 14 accordance with the rules of the natural resource commission.
  2 15 The department shall pay the costs of establishing and
  2 16 operating the forestry nurseries out of the revolving farm
  2 17 fund created in section 904.706.  The department of natural
  2 18 resources shall pay the costs of transporting, sorting, and
  2 19 distributing nursery stock to and from or on state-owned land
  2 20 under the control of the department of natural resources.
  2 21 Receipts from the sale of nursery stock produced under this
  2 22 section shall be divided between the department and the
  2 23 department of natural resources in direct proportion to their
  2 24 respective costs as a percentage of the total costs.  However,
  2 25 property taxes due and payable on the land shall be deducted
  2 26 before receipts of sale are divided between the two
  2 27 departments if land subject to this section is leased to an
  2 28 entity other than an entity which is exempt from property
  2 29 taxation under section 427.1.  The department shall deposit
  2 30 its receipts in the revolving farm fund created in section
  2 31 904.706.
  2 32    Sec. 5.  APPLICABILITY.  This Act applies to leases entered
  2 33 into on or after the effective date of this Act.  
  2 34 
  2 35 
  3  1                                                             
  3  2                               CHRISTOPHER C. RANTS
  3  3                               Speaker of the House
  3  4 
  3  5 
  3  6                                                             
  3  7                               MARY E. KRAMER
  3  8                               President of the Senate
  3  9 
  3 10    I hereby certify that this bill originated in the House and
  3 11 is known as House File 665, Eightieth General Assembly.
  3 12 
  3 13 
  3 14                                                             
  3 15                               MARGARET THOMSON
  3 16                               Chief Clerk of the House
  3 17 Approved                , 2003
  3 18 
  3 19 
  3 20                            
  3 21 THOMAS J. VILSACK
  3 22 Governor
     

Text: HF00664                           Text: HF00666
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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