Bill Text: IA SSB1106 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for an act relating to the property tax exemption for property designated to be a native prairie or wetland and including effective date and retroactive applicability provisions.
Spectrum: Unknown
Status: (Introduced - Dead) 2015-01-28 - Ways and Means: Hogg Chair,Allen, and Behn. [SSB1106 Detail]
Download: Iowa-2015-SSB1106-Introduced.html
Senate
Study
Bill
1106
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
BOLKCOM)
A
BILL
FOR
An
Act
relating
to
the
property
tax
exemption
for
property
1
designated
to
be
a
native
prairie
or
wetland
and
including
2
effective
date
and
retroactive
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
427.1,
subsection
23,
paragraph
a,
Code
1
2015,
is
amended
to
read
as
follows:
2
a.
Application
for
the
exemption
shall
be
made
on
forms
3
provided
by
the
department
of
revenue.
Land
designated
as
4
a
protected
wetland
shall
be
assessed
at
a
value
equal
to
5
the
average
value
of
the
land
where
the
wetland
is
located
6
and
which
is
owned
by
the
person
granted
the
exemption.
The
7
application
forms
shall
be
filed
with
the
assessing
authority
8
not
later
than
the
first
of
February
of
the
year
for
which
the
9
exemption
is
requested.
The
application
must
be
accompanied
10
by
an
affidavit
signed
by
the
applicant
that
if
the
exemption
11
is
granted,
the
property
will
not
be
used
for
economic
gain
12
during
the
assessment
year
in
which
the
exemption
is
granted.
13
The
receipt
of
payments
required
to
be
made
in
connection
14
with
a
contract,
agreement,
or
easement
under
the
federal
15
wetlands
reserve
program,
formerly
codified
at
16
U.S.C.
§3837
16
et
seq.,
and
as
authorized
by
the
federal
Agricultural
Act
of
17
2014,
Pub.
L.
No.
113-79,
§2703(b),
or
the
receipt
of
payments
18
under
the
federal
agricultural
conservation
easement
program
19
established
under
the
federal
Food
Security
Act
of
1985,
Tit.
20
XII,
subtit.
H,
as
enacted
in
the
federal
Agricultural
Act
of
21
2014,
Pub.
L.
No.
113-79,
§2301,
shall
not
be
considered
a
use
22
for
economic
gain.
If
the
property
is
used
for
economic
gain
23
during
the
assessment
year
in
which
the
exemption
is
granted,
24
the
property
shall
lose
its
tax
exemption
and
shall
be
taxed
25
at
the
rate
levied
by
the
county
for
the
fiscal
year
beginning
26
in
that
assessment
year.
The
first
annual
application
shall
27
be
accompanied
by
a
certificate
from
the
department
of
natural
28
resources
stating
that
the
land
is
native
prairie
or
protected
29
wetland.
The
department
of
natural
resources
shall
issue
a
30
certificate
for
the
native
prairie
exemption
if
the
department
31
finds
that
the
land
has
never
been
cultivated,
is
unimproved,
32
is
primarily
a
mixture
of
warm
season
grasses
interspersed
with
33
flowering
plants,
and
meets
the
other
criteria
established
34
by
the
natural
resource
commission
for
native
prairie.
The
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department
of
natural
resources
shall
issue
a
certificate
for
1
the
wetland
exemption
if
the
department
finds
the
land
is
a
2
protected
wetland,
as
defined
under
section
456B.1
,
or
if
3
the
wetland
was
previously
drained
and
cropped
but
has
been
4
restored
under
a
nonpermanent
restoration
agreement
with
the
5
department
or
other
county,
state,
or
federal
agency
or
private
6
conservation
group.
A
taxpayer
may
seek
judicial
review
of
7
a
decision
of
the
department
according
to
chapter
17A
.
The
8
natural
resource
commission
shall
adopt
rules
to
implement
this
9
subsection
.
10
Sec.
2.
IMPLEMENTATION
OF
ACT.
Section
25B.7
shall
11
not
apply
to
this
Act
to
the
extent
of
any
insufficient
12
reimbursement
of
lost
tax
revenue
from
exempted
protected
13
wetlands
under
section
427.1,
subsection
23,
paragraph
“b”.
14
Sec.
3.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
15
immediate
importance,
takes
effect
upon
enactment.
16
Sec.
4.
RETROACTIVE
APPLICABILITY.
This
Act
applies
17
retroactively
to
January
1,
2015,
for
assessment
years
18
beginning
on
or
after
that
date.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
Current
Code
section
427.1(23)
provides
a
property
tax
23
exemption
for
land
designated
as
native
prairie
or
land
24
designated
as
a
protected
wetland
by
the
department
of
natural
25
resources
if
the
property
is
not
used
for
economic
gain.
26
This
bill
specifies
that
the
receipt
of
payments
under
the
27
federal
wetlands
reserve
program
or
the
federal
agricultural
28
conservation
easement
program
shall
not
be
considered
a
use
for
29
economic
gain.
30
Code
section
25B.7
provides
that
for
a
property
tax
credit
31
or
exemption
enacted
on
or
after
January
1,
1997,
if
a
state
32
appropriation
made
to
fund
the
credit
or
exemption
is
not
33
sufficient
to
fully
fund
the
credit
or
exemption,
the
political
34
subdivision
shall
be
required
to
extend
to
the
taxpayer
only
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that
portion
of
the
credit
or
exemption
estimated
by
the
1
department
of
revenue
to
be
funded
by
the
state
appropriation.
2
Code
section
25B.7
does
not
apply
to
the
bill
insofar
3
as
state
reimbursement
for
lost
tax
revenue
from
exempted
4
protected
wetlands
is
insufficient.
5
The
bill
takes
effect
upon
enactment
and
applies
6
retroactively
to
January
1,
2015,
for
assessment
years
7
beginning
on
or
after
that
date.
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