House File 365 - Introduced
HOUSE FILE
BY PAULSEN
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to eligibility of certain members of the reserve
2 forces of the United States and the Iowa national guard for
3 the military service tax credit and exemption and providing an
4 effective date.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 1960YH 81
7 sc/cf/24
PAG LIN
1 1 Section 1. Section 426A.11, subsection 2, Code 2005, is
1 2 amended to read as follows:
1 3 2. The property, not to exceed one thousand eight hundred
1 4 fifty=two dollars in taxable value of an honorably separated,
1 5 retired, furloughed to a reserve, placed on inactive status,
1 6 or discharged veteran, as defined in section 35.1, or of a
1 7 member of the reserve forces of the United States who has
1 8 served at least twenty years in the reserve forces after
1 9 January 28, 1973, and who continues to serve in the reserve
1 10 forces, or of a member of the Iowa national guard who has
1 11 served at least twenty years in the Iowa national guard after
1 12 January 28, 1973, and who continues to serve in the Iowa
1 13 national guard.
1 14 Sec. 2. Section 426A.13, unnumbered paragraphs 1 through
1 15 3, Code 2005, are amended to read as follows:
1 16 A person named in section 426A.11, who is a resident of and
1 17 domiciled in the state of Iowa, shall receive a reduction
1 18 equal to the exemption, to be made from any property owned by
1 19 the person or owned by a family farm corporation of which the
1 20 person is a shareholder and who occupies the property and so
1 21 designated by proceeding as provided in the section. To be
1 22 eligible to receive the exemption the person claiming it shall
1 23 have recorded in the office of the county recorder of the
1 24 county in which is located the property designated for the
1 25 exemption, evidence of property ownership by that person or
1 26 the family farm corporation of which the person is a
1 27 shareholder and the military certificate of satisfactory
1 28 service, order transferring to inactive status, reserve,
1 29 retirement, order of separation from service, honorable
1 30 discharge or a copy of any of these documents of the person
1 31 claiming or through whom is claimed the exemption. In the
1 32 case of a person claiming the exemption for currently serving
1 33 in the reserve forces of the United States or the Iowa
1 34 national guard, the person shall file a statement signed by
1 35 the person's immediate commanding officer.
2 1 The person shall file with the appropriate assessor on
2 2 forms obtained from the assessor the claim for exemption for
2 3 the year for which the person is first claiming the exemption.
2 4 The claim shall be filed not later than July 1 of the year for
2 5 which the person is claiming the exemption. The claim shall
2 6 set out the fact that the person is a resident of and
2 7 domiciled in the state of Iowa, and a person within the terms
2 8 of section 426A.11, and shall give the volume and page on
2 9 which the certificate of satisfactory service, order of
2 10 separation, retirement, furlough to reserve, inactive status,
2 11 or honorable discharge or certified copy thereof is recorded
2 12 in the office of the county recorder, and may include the
2 13 designation of the property from which the exemption is to be
2 14 made, and shall further state that the claimant is the
2 15 equitable or legal owner of the property designated or if the
2 16 property is owned by a family farm corporation, that the
2 17 person is a shareholder of that corporation and that the
2 18 person occupies the property. In the case of a person
2 19 claiming the exemption for currently serving in the reserve
2 20 forces of the United States or the Iowa national guard, the
2 21 person shall file a statement signed by the person's immediate
2 22 commanding officer.
2 23 Upon the filing and allowance of the claim, the claim shall
2 24 be allowed to that person for successive years without further
2 25 filing. However, in the case of a person currently serving in
2 26 the reserve forces of the United States or the Iowa national
2 27 guard, such person shall file each year to be eligible to
2 28 obtain the exemption. Provided, that notwithstanding the
2 29 filing or having on file a claim for exemption, the person or
2 30 person's spouse is the legal or equitable owner of the
2 31 property on July 1 of the year for which the claim is allowed.
2 32 When the property is sold or transferred or the person wishes
2 33 to designate different property for the exemption, a person
2 34 who wishes to receive the exemption shall refile for the
2 35 exemption. A person who sells or transfers property which is
3 1 designated for the exemption or the personal representative of
3 2 a deceased person who owned such property shall provide
3 3 written notice to the assessor that the property is no longer
3 4 legally or equitably owned by the former claimant.
3 5 Sec. 3. STATE FUNDING. The military service tax credits
3 6 and exemptions provided pursuant to this Act shall be funded
3 7 pursuant to chapter 426A and section 25B.7, subsection 2.
3 8 Sec. 4. EFFECTIVE DATE. This Act, being deemed of
3 9 immediate importance, takes effect upon enactment.
3 10 EXPLANATION
3 11 This bill expands eligibility for the military service
3 12 property tax credit and exemption to members of the reserve
3 13 forces of the United States and members of the Iowa national
3 14 guard who have served 20 years after January 28, 1973, and who
3 15 continue to serve in the reserves or the Iowa national guard.
3 16 The military service property tax exemption is applied as a
3 17 credit on the property tax statement.
3 18 In response to the requirements of Code section 25B.7, the
3 19 military service tax credits and exemptions resulting from
3 20 this bill are funded as provided in Code chapter 426A.
3 21 The bill takes effect upon enactment. Those persons who
3 22 file for the credit and exemption on or before July 1, 2005,
3 23 will be eligible to receive the credit and exemption for the
3 24 tax year beginning July 1, 2006.
3 25 LSB 1960YH 81
3 26 sc:rj/cf/24.1