Senate File 2315 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON ECONOMIC GROWTH

                                       (SUCCESSOR TO SF 2195)


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

                                      A BILL FOR

  1 An Act relating to the property tax exemption for speculative
  2    shell buildings and including effective and retroactive
  3    applicability date provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5858SV 82
  6 sc/nh/8

PAG LIN



  1  1    Section 1.  Section 427.1, subsection 27, unnumbered
  1  2 paragraph 1, Code Supplement 2007, is amended to read as
  1  3 follows:
  1  4    New construction of shell buildings by community
  1  5 development organizations, not=for=profit cooperative
  1  6 associations under chapter 499, or for=profit entities for
  1  7 speculative purposes or the portion of the value added to
  1  8 buildings being reconstructed or renovated by community
  1  9 development organizations, not=for=profit cooperative
  1 10 associations under chapter 499, or for=profit entities in
  1 11 order to become speculative shell buildings.  The exemption or
  1 12 partial exemption shall be allowed only pursuant to ordinance
  1 13 of a city council or board of supervisors, which ordinance
  1 14 shall specify if the exemption will be available for community
  1 15 development organizations, not=for=profit cooperative
  1 16 associations under chapter 499, or for=profit entities and.
  1 17 The exemption shall be effective for the assessment year in
  1 18 which the building is first assessed for property taxation or
  1 19 the assessment year in which the reconstruction or renovation
  1 20 first adds value and or, if the new construction is
  1 21 reconstruction or renovation of an existing building or
  1 22 structure which constitutes complete replacement or refitting
  1 23 of an existing building or structure and the city council or
  1 24 county board of supervisors gives prior approval of the
  1 25 exemption, the assessment year in which the reconstruction or
  1 26 renovation commences.  The exemption shall remain in effect
  1 27 for all subsequent years until the property is leased or sold
  1 28 or for a specific time period stated in the ordinance or until
  1 29 the exemption is terminated by ordinance of the city council
  1 30 or board of supervisors which approved the exemption.
  1 31 Eligibility for an exemption as a speculative shell building
  1 32 shall be determined as of January 1 of the assessment year.
  1 33 However, an exemption shall not be granted a speculative shell
  1 34 building of a not=for=profit cooperative association under
  1 35 chapter 499 or a for=profit entity if the building is used by
  2  1 the cooperative association or for=profit entity, or a
  2  2 subsidiary or majority owners thereof for other than as a
  2  3 speculative shell building.  If the shell building or any
  2  4 portion of the shell building is leased or sold, the portion
  2  5 of the shell building which is leased or sold shall not be
  2  6 entitled to an exemption under this subsection for subsequent
  2  7 years.  An application shall be filed pursuant to section
  2  8 427B.4 for each project for which an exemption is claimed.
  2  9 Upon the sale of the shell building, the shell building shall
  2 10 be considered new construction for purposes of section 427B.1
  2 11 if used for purposes set forth in section 427B.1.
  2 12    Sec. 2.  EFFECTIVE AND APPLICABILITY DATES.  This Act,
  2 13 being deemed of immediate importance, takes effect upon
  2 14 enactment and applies retroactively to January 1, 2007, for
  2 15 assessment years beginning on or after that date.
  2 16                           EXPLANATION
  2 17    Current law provides a property tax exemption for
  2 18 construction, reconstruction, or renovation of a building as a
  2 19 speculative shell building.  The exemption is available in
  2 20 those cities and counties that have adopted an ordinance
  2 21 allowing the exemption.  Current law also provides that the
  2 22 exemption begins in the assessment year that the speculative
  2 23 building is first assessed for taxation or the assessment year
  2 24 in which the reconstruction or renovation first adds value.
  2 25    This bill provides that the exemption may begin in the
  2 26 assessment year in which the reconstruction or renovation
  2 27 commences if it involves complete replacement or refitting of
  2 28 an existing building or structure and the city council or
  2 29 county board of supervisors gives prior approval of the
  2 30 exemption.
  2 31    The bill takes effect upon enactment and applies
  2 32 retroactively to January 1, 2007, for assessment years
  2 33 beginning on or after that date.
  2 34 LSB 5858SV 82
  2 35 sc/nh/8