House File 2634 - Introduced



                                       HOUSE FILE       
                                       BY  LUKAN


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

                                      A BILL FOR

  1 An Act relating to the granting of property tax credits to
  2    businesses that voluntarily prohibit smoking in the workplace.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6029HH 82
  5 mg/nh/14

PAG LIN



  1  1    Section 1.  NEW SECTION.  427B.29  VOLUNTARY SMOKEFREE
  1  2 COMMERCIAL PROPERTY TAX CREDIT.
  1  3    1.  Property assessed as commercial property that is used
  1  4 and operated for a for=profit or nonprofit business is
  1  5 entitled to a property tax credit, as provided in subsection
  1  6 2, if the owner or operator of the business voluntarily
  1  7 prohibits smoking in all buildings and structures located on
  1  8 the property that is used in the operation of the business.
  1  9 If the state or a local authority prohibits smoking in the
  1 10 workplace, a business affected by this prohibition shall not
  1 11 receive the property tax credit under this section beginning
  1 12 with the month following the effective date of the state or
  1 13 local prohibition.
  1 14    2.  The amount of the tax credit equals five hundred
  1 15 dollars for a calendar year.  The credit shall apply to
  1 16 property taxes payable in the fiscal year following the
  1 17 calendar year.  However, if a business does not voluntarily
  1 18 prohibit smoking for the entire calendar year or is ineligible
  1 19 to receive the tax credit because of the enactment of a state
  1 20 or local law prohibiting smoking in the workplace during the
  1 21 calendar year, the amount of the tax credit shall be prorated
  1 22 and the amount of the credit shall equal the maximum amount of
  1 23 the credit for the calendar year, divided by twelve,
  1 24 multiplied by the number of months the business is eligible.
  1 25 The credit shall be rounded to the nearest ten dollars.  If
  1 26 the business is eligible during any part of a month, the
  1 27 business shall be considered eligible for the entire month.
  1 28    3.  A business seeking the property tax credit under this
  1 29 section shall annually file notice and application to that
  1 30 effect in the calendar year for which the tax credit will be
  1 31 computed.  The notice and application shall be sent to the
  1 32 county board of supervisors or the board's designee.  The
  1 33 board or board's designee shall approve or deny the tax credit
  1 34 by March 1 following that calendar year and notify the
  1 35 business and the county auditor.  In the event of denial, the
  2  1 business has thirty days to appeal the denial to the board of
  2  2 supervisors or the board's designee.  Upon approval, the
  2  3 amount of the tax credit shall be apportioned by the county
  2  4 treasurer to the several taxing districts.  In the case of
  2  5 change of ownership, the credit shall follow the title to the
  2  6 business property.
  2  7    Sec. 2.  APPLICABILITY.  Section 25B.7 does not apply to
  2  8 the property tax credits allowed in this Act.
  2  9                           EXPLANATION
  2 10    This bill allows a business a property tax credit of up to
  2 11 $500 for voluntarily banning smoking at its workplace.  The
  2 12 credit ceases or is not available upon enactment of state or
  2 13 local law that prohibits smoking in the workplace.  The tax
  2 14 credit is based on the number of months in the calendar year
  2 15 preceding the fiscal year in which the taxes are payable that
  2 16 the business voluntarily prohibits smoking.  The business must
  2 17 apply annually to the county board of supervisors or the
  2 18 board's designee.  The provision in the Code that requires the
  2 19 state to fully fund new property tax credits and exemptions in
  2 20 order that the local jurisdictions must grant such credits or
  2 21 exemptions is made inapplicable to the tax credit in the bill.
  2 22 LSB 6029HH 82
  2 23 mg/nh/14