House File 2672 H-8254 Amend House File 2672 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 427C.12, Code 2024, is amended to read 4 as follows: 5 427C.12 Application —— inspection —— continuation of 6 exemption —— recapture of tax. 7 It shall be the duty of the assessor or the county 8 conservation board to secure the facts relative to fruit-tree 9 and forest reservations by taking the sworn statement, 10 or affirmation, of the owner or owners making application 11 under this chapter ; to make an inspection of each forest 12 and fruit-tree reservation once every three calendar years 13 to confirm compliance with the requirements of a forest or 14 fruit-tree reservation; and to make special report to the 15 county auditor of all reservations made in the county under the 16 provisions of this chapter . 17 The board of supervisors shall designate the county 18 conservation board or the assessor who shall inspect the area 19 for which an application is filed for a fruit-tree or forest 20 reservation tax exemption before the application is accepted. 21 Use of aerial photographs may be substituted for on-site 22 inspection when appropriate. The application can only be 23 accepted if it meets the criteria established by the natural 24 resource commission to be a fruit-tree or forest reservation. 25 Once the application has been accepted, the area shall continue 26 to receive the tax exemption during each year in which the 27 area is maintained as a fruit-tree or forest reservation 28 without the owner having to refile. If the property is sold 29 or transferred, the seller shall notify the buyer that all, or 30 part of, the property is in fruit-tree or forest reservation 31 and subject to the recapture tax provisions of this section . 32 The tax exemption shall continue to be granted for the 33 remainder of the eight-year period for fruit-tree reservation 34 and for the following years for forest reservation or until 35 -1- HF 2672.3915 (1) 90 dg/jh 1/ 3 #1.
the property no longer qualifies as a fruit-tree or forest 1 reservation. The area may shall be inspected each year once 2 every three calendar years by the county conservation board 3 or the assessor to determine if the area is maintained as a 4 fruit-tree or forest reservation. The assessor or the county 5 conservation board may collect a fee from the owner of the 6 area for the cost of the initial inspections and subsequent 7 inspections. If the area is not maintained or is used for 8 economic gain other than as a fruit-tree reservation during any 9 year of the eight-year exemption period and any year of the 10 following five years or as a forest reservation during any year 11 for which the exemption is granted and any of the five years 12 following those exemption years, the assessor shall assess the 13 property for taxation at its fair market value as of January 14 1 of that year and in addition the area shall be subject to 15 a recapture tax. However, the area shall not be subject to 16 the recapture tax if the owner, including one possessing under 17 a contract of sale, and the owner’s direct antecedents or 18 descendants have owned the area for more than ten years. The 19 tax shall be computed by multiplying the consolidated levy 20 for each of those years, if any, of the five preceding years 21 for which the area received the exemption for fruit-tree or 22 forest reservation times the assessed value of the area that 23 would have been taxed but for the tax exemption. This tax 24 shall be entered against the property on the tax list for the 25 current year and shall constitute a lien against the property 26 in the same manner as a lien for property taxes. The tax when 27 collected shall be apportioned in the manner provided for the 28 apportionment of the property taxes for the applicable tax 29 year. 30 Sec. 2. DEPARTMENT OF NATURAL RESOURCES —— FOREST RESERVE 31 PROGRAM TASK FORCE. 32 1. The department of natural resources shall convene a task 33 force to meet during the 2024 legislative interim to examine 34 the role of the forest and fruit-tree reservation program 35 -2- HF 2672.3915 (1) 90 dg/jh 2/ 3
in implementing the state forest plan and achieving forest 1 conservation goals. 2 2. Task force membership shall consist of a representative 3 from each of the following: 4 a. Iowa state association of counties. 5 b. Iowa league of cities. 6 c. Iowa wood industry association. 7 d. Coalition for Iowa woodlands and trees. 8 e. Iowa state association of assessors. 9 f. Association of county conservation boards. 10 g. Iowa farm bureau federation. 11 3. The task force shall create a report with its findings 12 that shall include recommendations for modifications to the 13 forest and fruit-tree program and shall submit the report to 14 the general assembly no later than November 1, 2024. > 15 2. Title page, by striking lines 1 through 3 and inserting 16 < An Act relating to forest and fruit-tree reservations, 17 including compliance inspections and creating a forest reserve 18 program task force. > 19 ______________________________ ISENHART of Dubuque -3- HF 2672.3915 (1) 90 dg/jh 3/ 3 #2.