SENATE/HOUSE FILE _____
BY  COMMITTEE ON WAYS AND MEANS
(SUCCESSOR TO )


A BILL FOR

An Act relating to property taxation of certain lands leased to others by the department of corrections or department of human services and providing for the Act's applicability.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 427.1, subsection 1, Code 2003, is amended to read as follows:
   1.  FEDERAL AND STATE PROPERTY.  The property of the United
States and this state, including state university, university
of science and technology, and school lands, except as
otherwise provided in this subsection
. The exemption herein
provided shall not include any real property subject to
taxation under any federal statute applicable thereto, but
such exemption shall extend to and include all machinery and
equipment owned exclusively by the United States or any
corporate agency or instrumentality thereof without regard to
the manner of the affixation of such machinery and equipment
to the land or building upon or in which such property is
located, until such time as the Congress of the United States
shall expressly authorize the taxation of such machinery and
equipment.
    Sec. 2.  Section 427.1, subsection 1, Code 2003, is amended by adding the following new unnumbered paragraph:
   NEW UNNUMBERED PARAGRAPH. Property of the state operated
pursuant to section 904.302, 904.705, or 904.706 that is
leased to an entity other than an entity which is exempt from
property taxation under this section shall be subject to
property taxation for the term of the lease. Property taxes
levied against such leased property shall be paid from the
revolving farm fund created in section 904.706. The lessor
shall file a copy of the lease with the county assessor of the
county where the property is located.
    Sec. 3.  Section 904.302, Code 2003, is amended by adding the following new subsection:
   NEW SUBSECTION  7A.  Pay property taxes levied against
land leased by the department of corrections or department of
human services as provided in section 427.1, subsection 1.
    Sec. 4.  Section 904.705, unnumbered paragraph 2, Code 2003, is amended to read as follows:
   The director may with the assistance of the department of
natural resources establish and operate forestry nurseries on
state-owned land under the control of the department.
Residents of the adult correctional institutions shall provide
the labor for the operation. Nursery stock shall be sold in
accordance with the rules of the natural resource commission.
The department shall pay the costs of establishing and
operating the forestry nurseries out of the revolving farm
fund created in section 904.706. The department of natural
resources shall pay the costs of transporting, sorting, and
distributing nursery stock to and from or on state-owned land
under the control of the department of natural resources.
Receipts from the sale of nursery stock produced under this
section shall be divided between the department and the
department of natural resources in direct proportion to their
respective costs as a percentage of the total costs. However,
property taxes due and payable on the land shall be deducted
before receipts of sale are divided between the two
departments if land subject to this section is leased to an
entity other than an entity which is exempt from property
taxation under section 427.1.
The department shall deposit
its receipts in the revolving farm fund created in section
904.706.
    Sec. 5.
   APPLICABILITY.
   This Act applies to leases entered
into on or after the effective date of this Act.