Bill Text: IA HF164 | 2011-2012 | 84th General Assembly | Introduced


Bill Title: A bill for an act establishing a property tax exemption for a principal residence owned by a totally disabled individual or certain elderly individuals and including applicability provisions.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF164 Detail]

Download: Iowa-2011-HF164-Introduced.html
House File 164 - Introduced HOUSE FILE 164 BY PETTENGILL , HEATON , DE BOEF , PAUSTIAN , ALONS , HANUSA , HUSEMAN , and VANDER LINDEN A BILL FOR An Act establishing a property tax exemption for a principal 1 residence owned by a totally disabled individual or certain 2 elderly individuals and including applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1265YH (8) 84 md/sc
H.F. 164 Section 1. Section 427.1, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 38. Disabled or elderly principal 3 residence. A disabled or elderly principal residence shall be 4 exempt from taxation. 5 a. “Disabled or elderly principal residence” means a dwelling 6 owned and actually used as a home for a minimum of six months 7 during the most recent full calendar year by an individual 8 who is either completely disabled or an individual who is 9 sixty-five years of age or older and whose annual income is 10 seven thousand five hundred dollars or less. A disabled or 11 elderly principal residence shall also include so much of 12 the land surrounding the dwelling, including one or more 13 contiguous lots or tracts of land as is reasonably necessary 14 for use of the dwelling as a home not to exceed one hundred 15 sixty acres, and may consist of a part of a multidwelling or 16 multipurpose building and a part of the land upon which it is 17 built. A disabled or elderly principal residence does not 18 include personal property except that a manufactured or mobile 19 home may be a disabled or elderly principal residence. When a 20 person is confined in a nursing home, extended-care facility, 21 or hospital, the person shall be considered as occupying or 22 living in the disabled or elderly principal residence if the 23 individual is the owner and does not lease, rent, or otherwise 24 receive profits from other persons for the use of the residence 25 claimed as a disabled or elderly principal residence. 26 b. An application for this exemption shall be filed with the 27 assessor not later than February 1 of each year for which the 28 exemption is requested, on forms provided by the department of 29 revenue. 30 c. The application shall include all of the following, if 31 applicable: 32 (1) Proof of total disability of the claimant, if 33 applicable, on January 1 of the year in which the claim is 34 filed. Proof of total disability may be, but is not limited 35 -1- LSB 1265YH (8) 84 md/sc 1/ 3
H.F. 164 to, the written certification of such total disability by 1 any two physicians licensed to practice in this state. For 2 purposes of this subsection, “totally disabled” means as defined 3 in section 425.17. 4 (2) Proof of age, if applicable. 5 (3) Evidence of income. For purposes of this subsection, 6 “income” means as defined in section 425.17. 7 (4) Legal description of the real estate for which the 8 claimant is seeking an exemption. 9 (5) Any additional information required by the director and 10 necessary to support a claim. 11 Sec. 2. IMPLEMENTATION OF ACT. The provisions in section 12 25B.7, relating to the obligation of the state to reimburse 13 local jurisdictions for property tax credits and exemptions, do 14 not apply to this Act. 15 Sec. 3. APPLICABILITY. This Act applies to assessment years 16 beginning on or after January 1, 2012. 17 EXPLANATION 18 This bill establishes a property tax exemption for disabled 19 or elderly principal residences. The bill defines “disabled or 20 elderly principal residence” as a dwelling owned and actually 21 used as a home for a minimum of six months during the most 22 recent full calendar year by an individual who is either 23 completely disabled or an individual who is 65 years of age 24 or older and whose annual income is $7,500 or less. The bill 25 also provides that a disabled or elderly principal residence 26 includes so much of the land surrounding the dwelling, 27 including one or more contiguous lots or tracts of land as is 28 reasonably necessary for use of the dwelling as a home not to 29 exceed 160 acres, and may consist of a part of a multidwelling 30 or multipurpose building and a part of the land upon which it 31 is built. A disabled or elderly principal residence does not 32 include personal property except that a manufactured or mobile 33 home may be a disabled and elderly principal residence. The 34 bill specifies that when a person is confined in a nursing 35 -2- LSB 1265YH (8) 84 md/sc 2/ 3
H.F. 164 home, extended-care facility, or hospital, the person shall be 1 considered as occupying or living in the disabled or elderly 2 principal residence if the individual is the owner and does not 3 lease, rent, or otherwise receive profits from other persons 4 for the use of the disabled or elderly principal residence. 5 The bill requires applications for the exemption to be filed 6 with the assessor not later than February 1 of each year for 7 which the exemption is requested, on forms provided by the 8 department of revenue. The bill specifies what information is 9 required in each application for the exemption. 10 The bill provides that the provisions in Code section 25B.7, 11 relating to the obligation of the state to reimburse local 12 jurisdictions for property tax credits and exemptions, does not 13 apply to the exemption in the bill. 14 The bill applies to property tax assessment years beginning 15 on or after January 1, 2012. 16 -3- LSB 1265YH (8) 84 md/sc 3/ 3
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