House File 323 - Introduced



                                       HOUSE FILE       
                                       BY  WISE, DANDEKAR, HUSER,
                                           QUIRK, REICHERT, MERTZ,
                                           WHITAKER, SHOMSHOR, BUKTA,
                                           FREVERT, GASKILL, BELL,
                                           JACOBY, and ZIRKELBACH


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for a business property tax credit for property
  2    taxes due, making appropriations, and including effective and
  3    applicability date provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2381YH 81
  6 mg/cf/24

PAG LIN



  1  1    Section 1.  NEW SECTION.  426C.1  BUSINESS PROPERTY TAX
  1  2 CREDIT == FUND == APPORTIONMENT == PAYMENT.
  1  3    1.  A business property tax credit fund is created.  There
  1  4 is appropriated from the general fund of the state to the
  1  5 department of revenue to be credited to the business property
  1  6 tax credit fund for the fiscal year beginning July 1, 2005,
  1  7 the sum of fifty million dollars and for each fiscal year of
  1  8 the fiscal period beginning July 1, 2006, and ending June 30,
  1  9 2011, the sum of two hundred million dollars.
  1 10    The director of the department of administrative services
  1 11 shall issue warrants on the business property tax credit fund
  1 12 payable to the county treasurers of the several counties of
  1 13 the state under this chapter.
  1 14    2.  The business property tax credit fund shall be
  1 15 apportioned each year so as to give a credit against the tax
  1 16 on each eligible business property in the state in an amount
  1 17 equal to the actual levy on the actual value for each business
  1 18 property.
  1 19    3.  The amount due each county shall be paid in two
  1 20 payments on November 15 and March 15 of each fiscal year,
  1 21 drawn upon warrants payable to the respective county
  1 22 treasurers.  The two payments shall be as nearly equal as
  1 23 possible.
  1 24    4.  The amount of credits shall be apportioned by each
  1 25 county treasurer to the several taxing districts as provided
  1 26 by law, in the same manner as though the amount of the credit
  1 27 had been paid by the owners.  However, the several taxing
  1 28 districts shall not draw the funds so credited until after the
  1 29 semiannual allocations have been received by the county
  1 30 treasurer, as provided in this chapter.
  1 31    Sec. 2.  NEW SECTION.  426C.2  DEFINITION.
  1 32    "Business property", as used in this chapter, means
  1 33 property assessed for property taxation as commercial and
  1 34 industrial real estate, except for property intended for human
  1 35 habitation.
  2  1    Sec. 3.  NEW SECTION.  426C.3  COMPUTATION BY AUDITOR.
  2  2    On or before May 15, the county auditor shall compute the
  2  3 amount of property taxes to be levied on or estimated to be
  2  4 levied on all business property eligible for the business
  2  5 property tax credit which are due and payable in the ensuing
  2  6 fiscal year and on or before May 15 shall certify the total
  2  7 amount to the department of revenue.
  2  8    Sec. 4.  NEW SECTION.  426C.4  WARRANTS AUTHORIZED BY
  2  9 DIRECTOR.
  2 10    After receiving from the county auditors the certifications
  2 11 provided for in section 426C.3, and during the following
  2 12 fiscal year, the director of revenue shall authorize the
  2 13 department of administrative services to draw warrants on the
  2 14 business property tax credit fund payable to the county
  2 15 treasurers as provided in section 426C.1.  However, if the
  2 16 balance in the business property tax credit fund is
  2 17 insufficient to pay in full the total of the amounts certified
  2 18 to the director of revenue, the director shall prorate the
  2 19 moneys in the fund for distribution to the county treasurers
  2 20 and notify the county auditors of the pro rata percentage on
  2 21 or before June 15.
  2 22    Sec. 5.  NEW SECTION.  426C.5  APPORTIONMENT BY AUDITOR.
  2 23    Upon receiving the pro rata percentage from the director of
  2 24 revenue, the county auditor shall determine the amount to be
  2 25 credited to each parcel of business property, and shall enter
  2 26 upon tax lists as a credit against the tax levied on each
  2 27 parcel of business property on which there has been made an
  2 28 allowance of credit before delivering said tax lists to the
  2 29 county treasurer.  Upon receipt of the warrant by the county
  2 30 auditor, the auditor shall deliver the warrant to the county
  2 31 treasurer for apportionment.  The county treasurer shall show
  2 32 on each tax receipt the amount of tax credit for each parcel
  2 33 of business property.  In case of change of ownership the
  2 34 credit shall follow the title.
  2 35    Sec. 6.  NEW SECTION.  426C.6  RULES.
  3  1    The director of revenue shall prescribe forms and rules,
  3  2 not inconsistent with this chapter, necessary to carry out its
  3  3 purposes.
  3  4    Sec. 7.  EFFECTIVE AND APPLICABILITY DATES.  This Act,
  3  5 being deemed of immediate importance, takes effect upon
  3  6 enactment and applies to property taxes due and payable in
  3  7 fiscal years beginning on or after July 1, 2005.
  3  8                           EXPLANATION
  3  9    This bill provides business property with a property tax
  3 10 credit.  Business property is real estate that is assessed as
  3 11 commercial and industrial property, except for property used
  3 12 for human habitation.  The credit is equal to the entire
  3 13 amount of the property tax levied on the property.  However,
  3 14 if the appropriations in the bill are insufficient to pay the
  3 15 full amount of the credit, a pro rata amount will be granted
  3 16 to the owner of the business property.
  3 17    The bill appropriates $50 million for FY 2005=2006 and $200
  3 18 million for each of the next five fiscal years until FY 2010=
  3 19 2011.
  3 20    The bill takes effect upon enactment and applies to
  3 21 property taxes due and payable in fiscal years beginning on or
  3 22 after July 1, 2005.
  3 23 LSB 2381YH 81
  3 24 mg:nh/cf/24