View Amendment Current Amendment: 301R001.REC.docx to Bill 301     Senator CLEARY proposed the following amendment (301R001.REC):
    Amend the committee amendment, as and if amended, by striking the committee amendment in its entirety and inserting:

//     Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/     SECTION     1.     A.         Section 12-43-220(c)(2)(iv) of the 1976 Code is amended by adding a new paragraph before the last undesignated paragraph to read:

    "If the owner or the owner's agent has made a proper certificate as required pursuant to this subitem and the owner is otherwise eligible, the owner is deemed to have met the burden of proof and is allowed the four percent assessment ratio allowed by this item, if the residence that is the subject of the application is not rented for more than ninety-four days in a calendar year. For purposes of determining eligibility, rental income, and residency, the assessor annually may require a copy of applicable portions of the owner's federal and state tax returns, as well as the Schedule E from the applicant's federal return for the applicable tax year."

B.         Section 12-43-220(c) of the 1976 Code, as added by Act 145 of 2005, is amended by deleting subitem (7) which reads:

    "(7)     Notwithstanding any other provision of law, the owner-occupant of a legal residence is not disqualified from receiving the four percent assessment ratio allowed by this item, if the taxpayer's residence meets the requirements of Internal Revenue Code Section 280A(g) as defined in Section 12-6-40(A) and the taxpayer otherwise is eligible to receive the four percent assessment ratio."

C.         This SECTION takes effect upon approval by the Governor and applies to property tax years beginning after property tax year 2013.

SECTION     2.     Section 12-54-240(B) of the 1976 Code, as last amended by Act 110 of 2007, is further amended by adding an appropriately numbered item at the end to read:

    "( )     verification that the federal Schedule E filed with the department is the same as the Schedule E required by the assessor pursuant to Section 12-43-220(c)."

SECTION     3.     Except where otherwise provided, this act takes effect upon approval by the Governor.     /


    Renumber sections to conform.
    Amend title to conform.