Bill Text: IA SSB3218 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to benefited recreational lake districts, water quality districts, and combined recreational lake and water quality districts and including effective date and retroactive applicability provisions.
Spectrum: Unknown
Status: (N/A - Dead) 2014-04-07 - In Ways and Means [SSB3218 Detail]
Download: Iowa-2013-SSB3218-Introduced.html
Senate
Study
Bill
3218
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
BOLKCOM)
A
BILL
FOR
An
Act
relating
to
benefited
recreational
lake
districts,
1
water
quality
districts,
and
combined
recreational
lake
and
2
water
quality
districts
and
including
effective
date
and
3
retroactive
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
5801XC
(2)
85
md/sc
S.F.
_____
Section
1.
NEW
SECTION
.
357E.15
Exemption
from
taxation
1
——
refunds.
2
1.
The
property
and
facilities
of
a
district
shall
not
be
3
taxable
in
any
manner
by
the
state
or
any
of
its
political
4
subdivisions.
5
2.
A
district
is
a
tax-certifying
body
for
purposes
of
6
section
423.4,
subsection
1.
7
Sec.
2.
Section
427.1,
subsection
2,
Code
2014,
is
amended
8
to
read
as
follows:
9
2.
Municipal
and
military
property.
The
property
of
a
10
county,
township,
city,
school
corporation,
levee
district,
11
drainage
district,
district
organized
under
chapter
357E,
or
12
the
Iowa
national
guard,
when
devoted
to
public
use
and
not
13
held
for
pecuniary
profit,
except
property
of
a
municipally
14
owned
electric
utility
held
under
joint
ownership
and
property
15
of
an
electric
power
facility
financed
under
chapter
28F
or
16
476A
that
shall
be
subject
to
taxation
under
chapter
437A
17
and
facilities
of
a
municipal
utility
that
are
used
for
the
18
provision
of
local
exchange
services
pursuant
to
chapter
476
,
19
but
only
to
the
extent
such
facilities
are
used
to
provide
such
20
services,
which
shall
be
subject
to
taxation
under
chapter
433
,
21
except
that
section
433.11
shall
not
apply.
The
exemption
for
22
property
owned
by
a
city
or
county
also
applies
to
property
23
which
is
operated
by
a
city
or
county
as
a
library,
art
24
gallery
or
museum,
conservatory,
botanical
garden
or
display,
25
observatory
or
science
museum,
or
as
a
location
for
holding
26
athletic
contests,
sports
or
entertainment
events,
expositions,
27
meetings
or
conventions,
or
leased
from
the
city
or
county
for
28
any
such
purposes,
or
leased
from
the
city
or
county
by
the
29
Iowa
national
guard
or
by
a
federal
agency
for
the
benefit
of
30
the
Iowa
national
guard
when
devoted
for
public
use
and
not
31
for
pecuniary
profit.
Food
and
beverages
may
be
served
at
the
32
events
or
locations
without
affecting
the
exemptions,
provided
33
the
city
has
approved
the
serving
of
food
and
beverages
on
the
34
property
if
the
property
is
owned
by
the
city
or
the
county
35
-1-
LSB
5801XC
(2)
85
md/sc
1/
3
S.F.
_____
has
approved
the
serving
of
food
and
beverages
on
the
property
1
if
the
property
is
owned
by
the
county.
The
exemption
for
2
property
owned
by
a
city
or
county
also
applies
to
property
3
which
is
located
at
an
airport
and
leased
to
a
fixed
base
4
operator
providing
aeronautical
services
to
the
public.
5
Sec.
3.
IMPLEMENTATION
OF
ACT.
Section
25B.7
does
not
apply
6
to
the
property
tax
exemption
established
in
this
Act.
7
Sec.
4.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
8
immediate
importance,
takes
effect
upon
enactment.
9
Sec.
5.
RETROACTIVE
APPLICABILITY.
This
Act
applies
10
retroactively
to
January
1,
2014,
for
property
tax
assessment
11
years
beginning
on
or
after
that
date.
12
Sec.
6.
RETROACTIVE
APPLICABILITY.
This
Act
applies
13
retroactively
to
January
1,
2014,
for
sales
and
use
tax
paid
14
on
or
after
that
date.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
benefited
recreational
lake
districts,
19
water
quality
districts,
and
combined
recreational
lake
and
20
water
quality
districts
organized
under
Code
chapter
357E.
21
The
bill
provides
that
the
property
and
facilities
of
22
a
district
organized
under
Code
chapter
357E
shall
not
be
23
taxable
in
any
manner
by
the
state
or
any
of
its
political
24
subdivisions.
25
The
bill
specifies
that
a
district
organized
under
Code
26
chapter
357E
is
a
tax-certifying
body
for
purposes
of
sales
27
or
use
tax
construction
contractor
refunds
under
Code
section
28
423.4(1),
for
construction
contracts
with
tax-certifying
29
bodies.
By
operation
of
law,
the
designation
of
a
district
as
30
a
tax-certifying
body
for
purposes
of
Code
section
423.4(1),
31
means
that
the
district
is
a
“designated
exempt
entity”
within
32
the
meaning
of
Code
section
423.3(80),
relating
to
an
exemption
33
for
construction
contractors
performing
work
for
such
an
34
entity.
35
-2-
LSB
5801XC
(2)
85
md/sc
2/
3
S.F.
_____
The
bill
also
exempts
from
property
taxation
the
property
of
1
a
district
organized
under
Code
chapter
357E,
when
devoted
to
2
public
use
and
not
held
for
pecuniary
profit.
3
Code
section
25B.7
provides
that
for
a
property
tax
credit
4
or
exemption
enacted
on
or
after
January
1,
1997,
if
a
state
5
appropriation
made
to
fund
the
credit
or
exemption
is
not
6
sufficient
to
fully
fund
the
credit
or
exemption,
the
political
7
subdivision
shall
be
required
to
extend
to
the
taxpayer
only
8
that
portion
of
the
credit
or
exemption
estimated
by
the
9
department
of
revenue
to
be
funded
by
the
state
appropriation.
10
Code
section
25B.7
does
not
apply
to
the
property
tax
exemption
11
established
in
the
bill.
12
The
bill
takes
effect
upon
enactment.
13
The
bill
applies
retroactively
to
January
1,
2014,
for
14
property
tax
assessment
years
beginning
on
or
after
that
date.
15
The
bill
applies
retroactively
to
January
1,
2014,
for
sales
16
and
use
tax
paid
on
or
after
that
date.
17
-3-
LSB
5801XC
(2)
85
md/sc
3/
3