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Senate File 444

Partial Bill History

Bill Text

PAG LIN
  1  1                                              SENATE FILE 444
  1  2                             AN ACT
  1  3 RELATING TO THE REQUIREMENTS FOR RECEIVING A PROPERTY TAX
  1  4    EXEMPTION FOR OPEN PRAIRIES AND WILDLIFE HABITATS AND
  1  5    INCLUDING AN APPLICABILITY DATE PROVISION.
  1  6  
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8  
  1  9    Section 1.  Section 427.1, subsection 22, unnumbered
  1 10 paragraphs 2 and 5, Code 2003, are amended to read as follows:
  1 11    Application for this exemption shall be filed with the
  1 12 commissioners of the soil and water conservation district in
  1 13 which the property is located, not later than February 1 of
  1 14 the assessment year, on forms provided by the department of
  1 15 revenue and finance.  The application shall describe and
  1 16 locate the property to be exempted and have attached to it an
  1 17 aerial photo of that property on which is outlined the
  1 18 boundaries of the property to be exempted.  In the case of an
  1 19 open prairie that has been restored or reestablished, the
  1 20 property shall be inspected and certified as provided by the
  1 21 county board of supervisors as having adequate ground cover
  1 22 consisting of native species and that all primary and
  1 23 secondary noxious weeds present are being controlled to
  1 24 prevent the spread of seeds by either wind or water.  In the
  1 25 case of an open prairie which is or includes a gully area
  1 26 susceptible to severe erosion, an approved erosion control
  1 27 plan must accompany the application.  Upon receipt of the
  1 28 application, the commissioners shall certify whether the
  1 29 property is eligible to receive the exemption.  The
  1 30 commissioners shall not withhold certification of the
  1 31 eligibility of property because of the existence upon the
  1 32 property of an abandoned building or structure which is not
  1 33 used for economic gain.  If the commissioners certify that the
  1 34 property is eligible, the application shall be forwarded to
  1 35 the board of supervisors by May 1 of that assessment year with
  2  1 the certification of the eligible acreage.  An application
  2  2 must be accompanied by an affidavit signed by the applicant
  2  3 that if an exemption is granted, the property will not be used
  2  4 for economic gain during the assessment year in which the
  2  5 exemption is granted.
  2  6    The board of supervisors does not have to grant tax
  2  7 exemptions under this subsection, grant tax exemptions in the
  2  8 aggregate of the maximum acreage which may be granted
  2  9 exemptions, or grant a tax exemption for the total acreage for
  2 10 which the applicant requested the exemption.  Only real
  2 11 property in parcels of two acres or more which is recreational
  2 12 lakes, forest cover, river and stream, river and stream banks,
  2 13 or open prairie and which is utilized for the purposes of
  2 14 providing soil erosion control or wildlife habitat or both,
  2 15 and which is subject to property tax for the fiscal year for
  2 16 which the tax exemption is requested, is eligible for the
  2 17 exemption under this subsection.  However, in addition to the
  2 18 above, in order for a gully area which is susceptible to
  2 19 severe erosion to be eligible, there must be an erosion
  2 20 control plan for it approved by the commissioners of the soil
  2 21 and water conservation district in which it is located.  In
  2 22 the case of an open prairie that has been restored or
  2 23 reestablished, the property shall be inspected and certified
  2 24 as provided by the county board of supervisors as having
  2 25 adequate ground cover consisting of native species and that
  2 26 all primary and secondary noxious weeds present are being
  2 27 controlled to prevent the spread of seeds by either wind or
  2 28 water.  In the case of an exemption for river and stream or
  2 29 river and stream banks, the exemption shall not be granted
  2 30 unless there is included in the exemption land located at
  2 31 least thirty-three feet from the ordinary high water mark of
  2 32 the river and stream or river and stream banks.  Property
  2 33 shall not be denied an exemption because of the existence upon
  2 34 the property of an abandoned building or structure which is
  2 35 not used for economic gain.  If the real property is located
  3  1 within a city, the approval of the governing body must be
  3  2 obtained before the real property is eligible for an
  3  3 exemption.  For purposes of this subsection:
  3  4    Sec. 2.  Section 427.1, subsection 22, Code 2003, is
  3  5 amended by adding the following new unnumbered paragraph:
  3  6    NEW UNNUMBERED PARAGRAPH.  In the case of an open prairie
  3  7 that has been restored or reestablished and that does not
  3  8 receive the certification as provided by the county board of
  3  9 supervisors as it relates to the ground cover, the applicant
  3 10 shall be notified of the availability of resource enhancement
  3 11 and protection fund cost-share moneys and soil and
  3 12 conservation technological assistance for reestablishing
  3 13 native vegetation.
  3 14    Sec. 3.  Section 427.1, subsection 24, Code 2003, is
  3 15 amended to read as follows:
  3 16    24.  LAND CERTIFIED AS A WILDLIFE HABITAT.  The owner of
  3 17 agricultural land may designate not more than two acres of the
  3 18 land for use as a wildlife habitat.  After inspection, if the
  3 19 land meets the standards established by the natural resource
  3 20 commission for a wildlife habitat under section 483A.3, and,
  3 21 in the case of a wildlife habitat that has been restored or
  3 22 reestablished, is inspected and certified as provided by the
  3 23 county board of supervisors as having adequate ground cover
  3 24 consisting of native species and that all primary and
  3 25 secondary noxious weeds present are being controlled to
  3 26 prevent the spread of seeds by either wind or water, the
  3 27 department of natural resources shall certify the designated
  3 28 land as a wildlife habitat and shall send a copy of the
  3 29 certification to the appropriate assessor not later than
  3 30 February 1 of the assessment year for which the exemption is
  3 31 requested.  The department of natural resources may
  3 32 subsequently withdraw certification of the designated land if
  3 33 it fails to meet the established standards for a wildlife
  3 34 habitat and the ground cover requirement and the assessor
  3 35 shall be given written notice of the decertification.
  4  1    In the case where the property is a restored or
  4  2 reestablished wildlife habitat and does not receive the
  4  3 certification as provided by the county board of supervisors
  4  4 as it relates to the ground cover, the owner shall be notified
  4  5 of the availability of resource enhancement and protection
  4  6 fund cost-share moneys and soil and conservation technological
  4  7 assistance for reestablishing native vegetation.
  4  8    Sec. 4.  APPLICABILITY DATE.  This Act applies to
  4  9 assessment years beginning on or after January 1, 2004.  
  4 10 
  4 11 
  4 12                                                             
  4 13                               MARY E. KRAMER
  4 14                               President of the Senate
  4 15 
  4 16 
  4 17                                                             
  4 18                               CHRISTOPHER C. RANTS
  4 19                               Speaker of the House
  4 20 
  4 21    I hereby certify that this bill originated in the Senate and
  4 22 is known as Senate File 444, Eightieth General Assembly.
  4 23 
  4 24 
  4 25                                                             
  4 26                               MICHAEL E. MARSHALL
  4 27                               Secretary of the Senate
  4 28 Approved                , 2003
  4 29 
  4 30 
  4 31                                
  4 32 THOMAS J. VILSACK
  4 33 Governor
     

Text: SF00443                           Text: SF00445
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