Senate Amendment 3217


PAG LIN




     1  1    Amend the Senate amendment, H=1594, to House File
     1  2 869, as passed by the House, as follows:
     1  3 #1.  Page 1, line 18, by striking the words <for
     1  4 the tax credit>.
     1  5 #2.  Page 1, by inserting after line 45, the
     1  6 following:
     1  7    <#   .  Page 4, by striking lines 15 through 17,
     1  8 and inserting the following:
     1  9    <Sec.    .  Section 423.3, subsection 11,
     1 10 unnumbered paragraph 1, Code 2005, is amended to read
     1 11 as follows:
     1 12    The sales price exclusive of services of farm
     1 13 machinery and equipment, including auxiliary
     1 14 attachments which improve the performance, safety,
     1 15 operation, or efficiency of the machinery and
     1 16 equipment, and including auger systems, curtains and
     1 17 curtain systems, drip systems, fan and fan systems,
     1 18 shutters, inlets and shutter or inlet systems, and
     1 19 refrigerators, and replacement parts, if all of the
     1 20 following conditions are met:
     1 21    Sec.    .  REFUNDS.  Refunds of taxes, interest, or
     1 22 penalties which arise from claims resulting from the
     1 23 amendment of section 423.3, subsection 11, in this
     1 24 Act, for the exemption of sales of auger systems,
     1 25 curtains and curtain systems, drip systems, fan and
     1 26 fan systems, shutters, inlets and shutter or inlet
     1 27 systems, and refrigerators occurring between January
     1 28 1, 1992, and the effective date of this Act, shall be
     1 29 limited to twenty=five thousand dollars in the
     1 30 aggregate and shall not be allowed unless refund
     1 31 claims are filed prior to October 1, 2005,
     1 32 notwithstanding any other provision of law.  If the
     1 33 amount of claims totals more than twenty=five thousand
     1 34 dollars in the aggregate, the department of revenue
     1 35 shall prorate the twenty=five thousand dollars among
     1 36 all claimants in relation to the amounts of the
     1 37 claimants' valid claims.  Claimants shall not be
     1 38 entitled to interest on any refunds.
     1 39    Sec.    .  EFFECTIVE DATES AND RETROACTIVE
     1 40 APPLICABILITY PROVISIONS.
     1 41    1.  Except as provided in subsection 2, this Act
     1 42 takes effect January 1, 2006, and is applicable to tax
     1 43 years beginning on or after that date.
     1 44    2.  The section of this Act amending section 423.3
     1 45 and the section of this Act providing refunds
     1 46 resulting from the amendment of section 423.3, being
     1 47 deemed of immediate importance, take effect upon
     1 48 enactment and apply retroactively to January 1, 1992.>
     1 49 #3.  Title page, by striking lines 1 through 3, and
     1 50 inserting the following:  <An Act relating to
     2  1 financial transactions associated with agricultural
     2  2 production, by providing for taxes, including tax
     2  3 credits and tax exemptions, and including effective
     2  4 and retroactive and other applicability dates.>>
     2  5 #4.  By renumbering as necessary.
     2  6 HF 869.H
     2  7 da/es/25

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