Senate File 2181 - Introduced



                                    SENATE FILE       
                                    BY  BOLKCOM, KREIMAN, HATCH,
                                        DVORSKY, HANCOCK, SCHOENJAHN,
                                        KIBBIE, CONNOLLY, and RIELLY


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

                                      A BILL FOR

  1 An Act providing an exemption from property taxation for
  2    agricultural land used in organic agricultural production and
  3    providing an applicability date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5743SS 81
  6 sc/gg/14

PAG LIN



  1  1    Section 1.  Section 427.1, Code Supplement 2005, is amended
  1  2 by adding the following new subsection:
  1  3    NEW SUBSECTION.  35.  CERTIFIED ORGANIC LAND.  Agricultural
  1  4 land used in the production of organic agricultural products.
  1  5 A person owning land which qualifies for a property tax
  1  6 exemption under this subsection shall apply to the county
  1  7 assessor not later than February 1 of the first year for which
  1  8 the exemption is requested.  The application shall be made on
  1  9 forms prescribed by the department of revenue.  The
  1 10 application shall be accompanied by a certificate issued by
  1 11 the department of agriculture and land stewardship certifying
  1 12 that the production methods used on the land meet the
  1 13 requirements of the Iowa organic program under chapter 190C or
  1 14 the requirements of the United States department of
  1 15 agriculture under the national organic program as defined in
  1 16 section 190C.1.
  1 17    Each year the assessor shall verify with the department of
  1 18 agriculture and land stewardship that the organic land
  1 19 certification is in good standing.  The assessor shall also
  1 20 conduct an annual inspection of the land to verify that
  1 21 organic crop or livestock production is taking place.  If it
  1 22 appears that organic crop or livestock production has not
  1 23 occurred at any time during the calendar year preceding the
  1 24 assessment year, the assessor shall notify the landowner that
  1 25 the land will not receive an exemption under this subsection
  1 26 for the assessment year.  The owner may seek review of the
  1 27 assessor's decision with the county board of supervisors.  If
  1 28 organic certification is revoked, the land is subject to
  1 29 taxation from the earlier of the date of revocation or the
  1 30 date the complaint was filed, or the inspection conducted,
  1 31 that resulted in revocation.  If organic certification is
  1 32 withdrawn, the land is subject to taxation from the earlier of
  1 33 the date of withdrawal or the date the complaint was filed, or
  1 34 the inspection conducted, that resulted in withdrawal of
  1 35 certification.
  2  1    For purposes of this subsection, "land" includes the area
  2  2 of a buffer zone, windbreak, or hedgerow, all of which are
  2  3 maintained for the purpose of keeping organic production
  2  4 separate from nonorganic production.
  2  5    Sec. 2.  STATE FUNDING OF TAX CREDITS AND EXEMPTIONS ==
  2  6 INAPPLICABILITY.  The provisions in section 25B.7, relating to
  2  7 the obligation of the state to reimburse local jurisdictions
  2  8 for property tax credits and exemptions, do not apply to
  2  9 section 427.1, subsection 35, as enacted in this Act.
  2 10    Sec. 3.  APPLICABILITY DATE.  This Act applies to
  2 11 assessment years beginning on or after January 1, 2007.
  2 12                           EXPLANATION
  2 13    This bill provides a property tax exemption for
  2 14 agricultural land certified as organic land by the Iowa
  2 15 department of agriculture and land stewardship.
  2 16    The bill provides that the provision in Code section 25B.7
  2 17 that requires the state to fund reimbursement for property tax
  2 18 credits and exemptions does not apply to the exemption
  2 19 provided in the bill.
  2 20    The bill applies to assessment years beginning on or after
  2 21 January 1, 2007.
  2 22 LSB 5743SS 81
  2 23 sc:nh/gg/14