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Text: HSB00239                          Text: HSB00241
Text: HSB00200 - HSB00299               Text: HSB Index
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House Study Bill 240

Bill Text

PAG LIN
  1  1                           DIVISION I
  1  2                 LIVESTOCK PRODUCTION TAX CREDIT
  1  3    Section 1.  Section 422.120, subsection 1, paragraph b,
  1  4 unnumbered paragraph 1, Code 1997, is amended to read as
  1  5 follows:
  1  6    The credit shall be available to an individual or corporate
  1  7 taxpayer who owns livestock, if all of the following apply:.
  1  8    Sec. 2.  Section 422.120, subsection 1, paragraph b,
  1  9 subparagraphs (1) and (2), Code 1997, are amended by striking
  1 10 the subparagraphs.
  1 11    Sec. 3.  Section 422.120, Code 1997, is amended by adding
  1 12 the following new subsection:
  1 13    NEW SUBSECTION.  2A.  As used in this division, "cow-calf
  1 14 operation" means any of the following:
  1 15    a.  Mature beef cows bred or for breeding.
  1 16    b.  Bred yearling heifers.
  1 17    c.  Breeding bulls.
  1 18    Sec. 4.  Section 422.121, Code 1997, is amended to read as
  1 19 follows:
  1 20    422.121  APPROPRIATION.
  1 21    Beginning with For the fiscal year beginning July 1, 1997,
  1 22 there is appropriated annually from the general fund of the
  1 23 state two million dollars to refund the credits allowed under
  1 24 this division.  Beginning with the fiscal year beginning July
  1 25 1, 1998, there is appropriated annually from the general fund
  1 26 of the state twelve million dollars to refund the credits
  1 27 allowed under this division.
  1 28    Notwithstanding section 422.120, for the tax year beginning
  1 29 on January 1, 1997, the livestock production tax credit shall
  1 30 only be allowed for cow-calf beef operations.  Notwithstanding
  1 31 section 422.120, for a tax year beginning on or after January
  1 32 1, 1998, and for each subsequent tax year, the livestock
  1 33 production tax credit shall only be allowed for cow-calf beef
  1 34 operations, farrow-to-feeder pig operations, and dairy cattle
  1 35 operations.  This paragraph shall not apply to any tax year
  2  1 for which thirteen million dollars or more has been
  2  2 appropriated by the general assembly under this section and
  2  3 otherwise in order to satisfy claims by livestock production
  2  4 operations as provided in section 422.120.  
  2  5                           DIVISION II
  2  6      HOMESTEAD, MILITARY, LOW-INCOME, ELDERLY AND DISABLED
  2  7           AND OTHER CREDITS AND REIMBURSEMENT CLAIMS
  2  8    Sec. 5.  NEW SECTION.  25B.7  FUNDING PROPERTY TAX CREDITS
  2  9 AND EXEMPTIONS.
  2 10    1.  Beginning with property taxes due and payable in the
  2 11 fiscal year beginning July 1, 1998, the cost of providing a
  2 12 property tax credit or property tax exemption which is enacted
  2 13 by the general assembly on or after January 1, 1997, shall be
  2 14 fully funded by the state.  If a state appropriation made to
  2 15 fund a credit or exemption which is enacted on or after
  2 16 January 1, 1997, is not sufficient to fully fund the credit or
  2 17 exemption, the political subdivision shall be required to
  2 18 extend to the taxpayer only that portion of the credit or
  2 19 exemption estimated by the department of revenue and finance
  2 20 to be funded by the state appropriation.  The department of
  2 21 revenue and finance shall determine by June 15 the estimated
  2 22 portion of the credit or exemption which will be funded by the
  2 23 state appropriation.
  2 24    2.  The requirement for fully funding and the consequences
  2 25 of not fully funding credits and exemptions under subsection 1
  2 26 also apply to all of the following:
  2 27    a.  Homestead tax credit pursuant to sections 425.1 through
  2 28 425.15.
  2 29    b.  Low-income property tax credit and elderly and disabled
  2 30 property tax credit pursuant to sections 425.16 through
  2 31 425.40.
  2 32    c.  Military service property tax credit and exemption
  2 33 pursuant to chapter 426A and sections 427.3 through 427.7, to
  2 34 the extent of six dollars and seventy-five cents per thousand
  2 35 dollars of assessed value of the exempt property.
  3  1    3.  a.  For purposes of this subsection, "base
  3  2 reimbursement amount" means the amount in dollars received for
  3  3 the fiscal year beginning July 1, 1996, by a city, county, or
  3  4 school district from the state as a reimbursement for the
  3  5 homestead tax credit, military service property tax credit,
  3  6 low-income property tax credit, or the elderly and disabled
  3  7 property tax credit, as appropriate.  The county treasurer
  3  8 shall determine the base reimbursement amount for the cities,
  3  9 county, and school districts for each credit.  The treasurer
  3 10 shall notify the department of management of the base
  3 11 reimbursement amounts for each credit of each school district.
  3 12    b.  The amount of state reimbursement received for a fiscal
  3 13 year beginning on or after July 1, 1997, by a city, county, or
  3 14 school district for the homestead tax credit, military service
  3 15 property tax credit, low-income property tax credit, or
  3 16 elderly and disabled property tax credit in excess of the base
  3 17 reimbursement amount for that credit shall be used as follows:
  3 18    (1)  In the case of a city, at least fifty percent shall be
  3 19 used for property tax relief with the remaining amount used
  3 20 for infrastructure.
  3 21    (2)  In the case of a county, at lease fifty percent shall
  3 22 be used for property tax relief with the remaining amount used
  3 23 for infrastructure or for paying the expenses incurred in
  3 24 providing the statement and receipt required under section
  3 25 445.5.
  3 26    (3)  In the case of a school district, one hundred percent
  3 27 shall be used for property tax relief through the reduction in
  3 28 the additional levy under section 257.4.  Each county
  3 29 treasurer shall provide the department of management with the
  3 30 total amount of excess tax credit reimbursement received by
  3 31 each school district in the county.
  3 32    c.  The requirements of paragraph "b" do not constitute a
  3 33 state mandate under this chapter.
  3 34    Sec. 6.  Section 8.59, Code 1997, is amended to read as
  3 35 follows:
  4  1    8.59  APPROPRIATIONS FREEZE.
  4  2    Notwithstanding contrary provisions of the Code, the
  4  3 amounts appropriated under the applicable sections of the Code
  4  4 for fiscal years commencing on or after July 1, 1993, are
  4  5 limited to those amounts expended under those sections for the
  4  6 fiscal year commencing July 1, 1992.  If an applicable section
  4  7 appropriates moneys to be distributed to different recipients
  4  8 and the operation of this section reduces the total amount to
  4  9 be distributed under the applicable section, the moneys shall
  4 10 be prorated among the recipients.  As used in this section,
  4 11 "applicable sections" means the following sections:  53.50,
  4 12 229.35, 230.8, 230.11, 405A.8, 411.20, 425.1, 425.39, 426A.1,
  4 13 663.44, and 822.5.
  4 14    Sec. 7.  Section 425.2, unnumbered paragraphs 2 and 6, Code
  4 15 1997, are amended to read as follows:
  4 16    Upon the filing and allowance of the claim, the claim shall
  4 17 be allowed on that homestead for successive years without
  4 18 further filing as long as the property is legally or equitably
  4 19 owned and used as a homestead by that person or that person's
  4 20 spouse on July 1 of each of those successive years, and the
  4 21 owner of the property being claimed as a homestead declares
  4 22 residency in Iowa for purposes of income taxation, and the
  4 23 property is occupied by that person or that person's spouse
  4 24 for at least six months in each of those calendar years in
  4 25 which the fiscal year begins.  When the property is sold or
  4 26 transferred, the buyer or transferee who wishes to qualify
  4 27 shall refile for the credit.  However, when the property is
  4 28 transferred as part of a distribution made pursuant to chapter
  4 29 598, the transferee who is the spouse retaining ownership of
  4 30 the property is not required to refile for the credit.
  4 31 Property divided pursuant to chapter 598 shall not be modified
  4 32 following the division of the property.  An owner who ceases
  4 33 to use a property for a homestead or intends not to use it as
  4 34 a homestead for at least six months in a calendar year shall
  4 35 provide written notice to the assessor by July 1 following the
  5  1 date on which the use is changed.  If the written notice is
  5  2 not provided to the assessor by the appropriate July 1, the
  5  3 owner forfeits the right to file a belated claim on another
  5  4 homestead for the year the notice should have been given.  A
  5  5 person who sells or transfers a homestead or the personal
  5  6 representative of a deceased person who had a homestead at the
  5  7 time of death, shall provide written notice to the assessor
  5  8 that the property is no longer the homestead of the former
  5  9 claimant.
  5 10    The failure of a person to file a claim under this section
  5 11 on or before July 1 of the year for which the person is first
  5 12 claiming the credit or to have the evidence of ownership
  5 13 recorded in the office of the county recorder does not
  5 14 disqualify the claim if the person claiming the credit or
  5 15 through whom the credit is claimed is otherwise qualified.
  5 16 The belated claim shall be filed with the appropriate assessor
  5 17 on or before December 31 of the following calendar year and,
  5 18 if approved by the board of supervisors, the county treasurer
  5 19 shall submit the belated claim to the director of revenue and
  5 20 finance who shall send payment to the claimant.  The payment
  5 21 shall be made from funds appropriated to the homestead credit
  5 22 fund.
  5 23    Sec. 8.  Section 425.39, subsection 1, Code 1997, is
  5 24 amended to read as follows:
  5 25    1.  The extraordinary elderly and disabled property tax
  5 26 credit and reimbursement fund is created.  There is
  5 27 appropriated annually from the general fund of the state to
  5 28 the department of revenue and finance to be credited to the
  5 29 extraordinary elderly and disabled property tax credit and
  5 30 reimbursement fund, from funds not otherwise appropriated, an
  5 31 amount sufficient to implement this division for claimants
  5 32 described in section 425.17, subsection 2, paragraph "a".
  5 33    Sec. 9.  Section 425.39, subsection 2, Code 1997, is
  5 34 amended by striking the subsection.
  5 35    Sec. 10.  Section 427.5, unnumbered paragraph 5, Code 1997,
  6  1 is amended by striking the unnumbered paragraph.
  6  2    Sec. 11.  Sections 6, 8, and 9 of this division of this Act
  6  3 apply to reimbursements made for property tax credits and to
  6  4 reimbursements for rent constituting property taxes payable on
  6  5 or after July 1, 1997.  
  6  6                          DIVISION III
  6  7              LOCAL GOVERNMENT BUDGETING PRACTICES
  6  8    Sec. 12.  Section 24.9, unnumbered paragraph 1, Code 1997,
  6  9 is amended to read as follows:
  6 10    Each municipality shall file with the secretary or clerk
  6 11 thereof the estimates required to be made in sections 24.3 to
  6 12 24.8, at least twenty days before the date fixed by law for
  6 13 certifying the same to the levying board and shall forthwith
  6 14 fix a date for a hearing thereon, and shall publish such
  6 15 estimates and any annual levies previously authorized as
  6 16 provided in section 76.2, with a notice of the time when and
  6 17 the place where such hearing shall be held at least not less
  6 18 than ten nor more than twenty days before the hearing.
  6 19 Provided that in municipalities of less than two hundred
  6 20 population such estimates and the notice of hearing thereon
  6 21 shall be posted in three public places in the district in lieu
  6 22 of publication.
  6 23    Sec. 13.  Section 24.9, Code 1997, is amended by adding the
  6 24 following new unnumbered paragraph:
  6 25    NEW UNNUMBERED PARAGRAPH.  The department of management
  6 26 shall prescribe the form for public hearing notices for use by
  6 27 municipalities.
  6 28    Sec. 14.  Section 24.17, Code 1997, is amended to read as
  6 29 follows:
  6 30    24.17  BUDGETS CERTIFIED.
  6 31    The local budgets of the various political subdivisions
  6 32 shall be certified by the chairperson of the certifying board
  6 33 or levying board, as the case may be, in duplicate to the
  6 34 county auditor not later than March 15 of each year on blanks
  6 35 forms, and pursuant to instructions, prescribed by the state
  7  1 board, and according to the rules and instruction which shall
  7  2 be furnished all certifying and levying boards in printed form
  7  3 by the state board or city finance committee in the case of
  7  4 cities department of management.  However, if a city or county
  7  5 holds a special levy election, the certification shall be not
  7  6 later than fourteen days following the special levy election,
  7  7 and if the political subdivision is a school district, as
  7  8 defined in section 257.2, its budget shall be certified not
  7  9 later than April 15 of each year.
  7 10    One copy of the budget shall be retained on file in the
  7 11 office by the county auditor and the other shall be certified
  7 12 by the county auditor to the state board.  The department of
  7 13 management shall certify the local budgets back to the county
  7 14 auditor by June 15.
  7 15    Sec. 15.  Section 24.27, Code 1997, is amended to read as
  7 16 follows:
  7 17    24.27  PROTEST TO BUDGET.
  7 18    Not later than March 25 or April 25 if the municipality is
  7 19 a school district, a number of persons in any municipality
  7 20 equal to one-fourth of one percent of those voting for the
  7 21 office of governor, at the last general election in the
  7 22 municipality, but the number shall not be less than ten, and
  7 23 the number need not be more than one hundred persons, who are
  7 24 affected by any proposed budget, expenditure or tax levy, or
  7 25 by any item thereof, may appeal from any decision of the
  7 26 certifying board or the levying board by filing with the
  7 27 county auditor of the county in which the municipal
  7 28 corporation is located, a written protest setting forth their
  7 29 objections to the budget, expenditure or tax levy, or to one
  7 30 or more items thereof, and the grounds for their objections.
  7 31 If a budget is certified after March 15 or April 15 in the
  7 32 case of a school district, all appeal time limits shall be
  7 33 extended to correspond to allowances for a timely filing.
  7 34 Upon the filing of a protest, the county auditor shall
  7 35 immediately prepare a true and complete copy of the written
  8  1 protest, together with the budget, proposed tax levy or
  8  2 expenditure to which objections are made, and shall transmit
  8  3 them forthwith to the state board, and shall also send a copy
  8  4 of the protest to the certifying board or to the levying
  8  5 board, as the case may be.
  8  6    Sec. 16.  Section 76.2, unnumbered paragraph 2, Code 1997,
  8  7 is amended to read as follows:
  8  8    If the resolution is filed prior to April 1 or May 1, if
  8  9 the political subdivision is a school district, the annual
  8 10 levy shall begin with the tax levy for collection commencing
  8 11 July 1 of that year.  If the resolution is filed after April 1
  8 12 or May 1, in the case of a school district, the annual levy
  8 13 shall begin with the tax levy for collection in the next
  8 14 succeeding fiscal year.  However, the governing authority of a
  8 15 political subdivision may adjust a levy of taxes made under
  8 16 this section for the purpose of adjusting the annual levies
  8 17 and collections for property severed from the political
  8 18 subdivision, subject to the approval of the director of the
  8 19 department of management.
  8 20    Sec. 17.  Section 257.19, unnumbered paragraph 2, Code
  8 21 1997, is amended to read as follows:
  8 22    Certification of a board's intent to participate for a
  8 23 budget year, the method of funding, and the amount to be
  8 24 raised shall be made to the department of management not later
  8 25 than April March 15 of the base year.  Funding for the
  8 26 instructional support program shall be obtained from
  8 27 instructional support state aid and from local funding using
  8 28 either an instructional support property tax or a combination
  8 29 of an instructional support property tax and an instructional
  8 30 support income surtax.
  8 31    Sec. 18.  Section 257.29, unnumbered paragraph 2, Code
  8 32 1997, is amended to read as follows:
  8 33    The educational improvement program shall provide
  8 34 additional revenues each fiscal year equal to a specified
  8 35 percent of the regular program district cost of the district,
  9  1 as determined by the board but not more than the maximum
  9  2 percent authorized by the electors if an election has been
  9  3 held.  Certification of a district's participation for a
  9  4 budget year, the method of funding, and the amount to be
  9  5 raised shall be made to the department of management not later
  9  6 than April March 15 of the base year.
  9  7    Sec. 19.  Section 275.29, Code 1997, is amended to read as
  9  8 follows:
  9  9    275.29  DIVISION OF ASSETS AND LIABILITIES AFTER
  9 10 REORGANIZATION.
  9 11    Between July 1 and July 20, the board of directors of the
  9 12 newly formed school district shall meet with the boards of the
  9 13 school districts affected by the organization of the new
  9 14 school corporation, including the boards of districts
  9 15 receiving territory of the school districts affected, for the
  9 16 purpose of reaching joint agreement on an equitable division
  9 17 of the assets of the several school corporations or parts of
  9 18 school corporations and an equitable distribution of the
  9 19 liabilities of the affected corporations or parts of
  9 20 corporations.  In addition, if outstanding bonds are in
  9 21 existence in any district, the initial board of directors of
  9 22 the newly formed school district shall meet with the boards of
  9 23 all school districts affected prior to April March 15 prior to
  9 24 the school year the reorganization is effective to determine
  9 25 the distribution of the bonded indebtedness between the
  9 26 districts so that the newly formed district may certify its
  9 27 budget under the procedures specified in chapter 24.  The
  9 28 boards shall consider the mandatory levy required in section
  9 29 76.2 and shall assure the satisfaction of outstanding
  9 30 obligations of each affected school corporation.  If the
  9 31 petition includes plans for the distribution of the bonded
  9 32 indebtedness, the exclusion of territory from the reorganized
  9 33 district does not require action pursuant to this section.
  9 34    Sec. 20.  Section 279.54, unnumbered paragraph 1, Code
  9 35 1997, is amended to read as follows:
 10  1    If a majority of those voting in an election approves
 10  2 raising the additional enrichment amount for an asbestos
 10  3 project under section 279.53 and this section, not later than
 10  4 April March 15 of the previous school year the board shall
 10  5 certify to the department of management that the required
 10  6 procedures have been carried out, the method of funding the
 10  7 amount to be raised, and the department of management shall
 10  8 establish the amount of additional enrichment property tax to
 10  9 be levied or the amount of the combination of the enrichment
 10 10 property tax and the amount of enrichment income surtax to be
 10 11 imposed for each school year for which the additional
 10 12 enrichment amount for an asbestos project is authorized.  The
 10 13 enrichment property tax and income surtax, if an income surtax
 10 14 is imposed, shall be levied and imposed, collected, and paid
 10 15 to the school district in the manner provided for the
 10 16 instructional support program in sections 257.21 through
 10 17 257.26.
 10 18    Sec. 21.  Section 298.2, subsection 2, Code 1997, is
 10 19 amended to read as follows:
 10 20    2.  The board of directors of a school district may certify
 10 21 for levy by April March 15 of a school year a tax on all
 10 22 taxable property in the school district for the regular
 10 23 physical plant and equipment levy.
 10 24    Sec. 22.  Section 298.2, subsection 3, unnumbered paragraph
 10 25 2, Code 1997, is amended to read as follows:
 10 26    If a combination of a property tax and income surtax is
 10 27 used, by April March 15 of the previous school year, the board
 10 28 shall certify the percent of the income surtax to be imposed
 10 29 and the amount to be raised to the department of management
 10 30 and the department of management shall establish the rate of
 10 31 the property tax and income surtax for the school year.  The
 10 32 physical plant and equipment property tax and income surtax
 10 33 shall be levied or imposed, collected, and paid to the school
 10 34 district in the manner provided for the instructional support
 10 35 program in sections 257.21 through 257.26.
 11  1    Sec. 23.  Section 298.4, unnumbered paragraph 1, Code 1997,
 11  2 is amended to read as follows:
 11  3    The board of directors of a school district may certify for
 11  4 levy by April March 15 of a school year, a tax on all taxable
 11  5 property in the school district for a district management
 11  6 levy.  The revenue from the tax levied in this section shall
 11  7 be placed in the district management levy fund of the school
 11  8 district.  The district management levy shall be expended only
 11  9 for the following purposes:
 11 10    Sec. 24.  Section 298.10, Code 1997, is amended to read as
 11 11 follows:
 11 12    298.10  LEVY FOR CASH RESERVE.
 11 13    The board of directors of a school district may certify for
 11 14 levy by April March 15 of a school year, a tax on all taxable
 11 15 property in the school district in order to raise an amount
 11 16 for a necessary cash reserve for a school district's general
 11 17 fund.  The amount raised for a necessary cash reserve does not
 11 18 increase a school district's authorized expenditures as
 11 19 defined in section 257.7.
 11 20    Sec. 25.  Section 300.2, unnumbered paragraph 2, Code 1997,
 11 21 is amended to read as follows:
 11 22    If a majority of the votes cast upon the proposition is in
 11 23 favor of the proposition, the board shall certify the amount
 11 24 required for a fiscal year to the county board of supervisors
 11 25 by April March 15 of the preceding fiscal year.  The board of
 11 26 supervisors shall levy the amount certified.  The amount shall
 11 27 be placed in the public education and recreation levy fund of
 11 28 the district and shall be used only for the purposes specified
 11 29 in this chapter.
 11 30    Sec. 26.  Section 331.403, subsection 1, Code 1997, is
 11 31 amended to read as follows:
 11 32    1.  Not later than October December 1 of each year on forms
 11 33 and pursuant to instructions prescribed by the department of
 11 34 management, a county shall prepare an annual financial report
 11 35 showing for each county fund the financial condition as of
 12  1 June 30 and the results of operations for the year then ended.
 12  2 Copies of the report shall be maintained as a public record at
 12  3 the auditor's office and shall be furnished to filed with the
 12  4 director of the department of management and to with the
 12  5 auditor of state by December 1.  A summary of the report, in a
 12  6 form prescribed by the director, shall be published by each
 12  7 county not later than October December 1 of each year in one
 12  8 or more newspapers which meet the requirements of section
 12  9 618.14.
 12 10    Sec. 27.  Section 331.403, subsection 3, Code 1997, is
 12 11 amended by striking the subsection and inserting in lieu
 12 12 thereof the following:
 12 13    3.  A county that fails to meet the filing deadline imposed
 12 14 by this section shall have withheld from payments to be made
 12 15 to the county pursuant to chapter 405A an amount equal to five
 12 16 cents per capita until the financial report is filed.
 12 17    Sec. 28.  Section 331.434, subsection 3, Code 1997, is
 12 18 amended to read as follows:
 12 19    3.  The board shall set a time and place for a public
 12 20 hearing on the budget before the final certification date and
 12 21 shall publish notice of the hearing not less than ten nor more
 12 22 than twenty days prior to the hearing in the county newspapers
 12 23 selected under chapter 349.  A summary of the proposed budget,
 12 24 in the form prescribed by the director of the department of
 12 25 management, shall be included in the notice.  Proof of
 12 26 publication shall be filed with and preserved by the auditor.
 12 27 A levy is not valid unless and until the notice is published
 12 28 and filed.  The department of management shall prescribe the
 12 29 form for the public hearing notice for use by counties.
 12 30    Sec. 29.  Section 331.434, Code 1997, is amended by adding
 12 31 the following new subsection:
 12 32    NEW SUBSECTION.  7.  Taxes levied by a county whose budget
 12 33 is certified after March 15 shall be limited to the prior
 12 34 year's budget amount.  However, this penalty may be waived by
 12 35 the director of the department of management if the county
 13  1 demonstrates that the March 15 deadline was missed because of
 13  2 circumstances beyond the control of the county.
 13  3    Sec. 30.  NEW SECTION.  331.434A  BUDGET RESERVE.
 13  4    1.  For the fiscal year beginning July 1, 1998, and all
 13  5 subsequent fiscal years, the amount of a county's budget
 13  6 reserve shall not exceed an amount equal to thirty percent of
 13  7 the amount of property taxes certified for collection for the
 13  8 previous fiscal year.  If the amount of the budget reserve for
 13  9 any fiscal year exceeds an amount equal to thirty percent of
 13 10 the amount of property taxes certified for collection for the
 13 11 previous fiscal year, the amount of property taxes to be
 13 12 levied by the county shall be decreased by the amount in
 13 13 excess of thirty percent.
 13 14    2.  The county finance committee may waive the application
 13 15 of this section to a county for up to a three-year period, if
 13 16 evidence is presented that substantial progress is being made
 13 17 by the county toward compliance with this section.
 13 18    3.  For purposes of this section, "budget reserve" means
 13 19 the sum of all unreserved and unencumbered funds, which are
 13 20 not officially designated for specific uses, remaining in the
 13 21 general fund of the county on June 30 of the fiscal year,
 13 22 excluding transfers to other county funds.
 13 23    Sec. 31.  Section 331.439, subsection 1, paragraph a, Code
 13 24 1997, is amended to read as follows:
 13 25    a.  The county accurately reported by October 15 December 1
 13 26 the county's expenditures for mental health, mental
 13 27 retardation, and developmental disabilities services for the
 13 28 previous fiscal year on forms prescribed by the department of
 13 29 human services.
 13 30    Sec. 32.  Section 384.16, subsection 3, Code 1997, is
 13 31 amended to read as follows:
 13 32    3.  The council shall set a time and place for public
 13 33 hearing on the budget before the final certification date and
 13 34 shall publish notice of the hearing not less than ten nor more
 13 35 than twenty days before the hearing as provided in section
 14  1 362.3 in a newspaper published at least once weekly and having
 14  2 general circulation in the city.  However, if the city has a
 14  3 population of two hundred or less, publication may be made by
 14  4 posting in three public places in the city.  A summary of the
 14  5 proposed budget shall be included in the notice. Proof of
 14  6 publication must be filed with the county auditor.  The
 14  7 department of management shall prescribe the form for the
 14  8 public hearing notice for use by cities.
 14  9    Sec. 33.  Section 384.16, Code 1997, is amended by adding
 14 10 the following new subsection:
 14 11    NEW SUBSECTION.  6.  Taxes levied by a city whose budget is
 14 12 certified after March 15 shall be limited to the prior year's
 14 13 budget amount.  However, this penalty may be waived by the
 14 14 director of the department of management if the city
 14 15 demonstrates that the March 15 deadline was missed because of
 14 16 circumstances beyond the control of the city.
 14 17    Sec. 34.  Section 445.5, Code 1997, is amended to read as
 14 18 follows:
 14 19    445.5  STATEMENT AND RECEIPT.
 14 20    1.  As soon as practicable after receiving the tax list
 14 21 prescribed in chapter 443, the treasurer shall deliver to the
 14 22 taxpayer a statement of taxes due and payable which shall
 14 23 include the following information:
 14 24    a.  The year of tax.
 14 25    b.  A description of the parcel.
 14 26    c.  The assessed value of the parcel, itemized by the value
 14 27 for land, dwellings, and buildings, for the current year and
 14 28 the previous year as valued by the assessor after application
 14 29 of any equalization orders.
 14 30    d.  The taxable value of the parcel, itemized by the value
 14 31 for land, dwellings, and buildings, for the current year and
 14 32 the previous year after application of any equalization
 14 33 orders, assessment limitations, and itemized valuation
 14 34 exemptions.
 14 35    e.  The complete name of all taxing authorities receiving a
 15  1 tax distribution, the amount of the distribution, and the
 15  2 percentage distribution for each named authority, listed from
 15  3 the highest to the lowest distribution percentage.
 15  4    f.  The consolidated levy rate for one thousand dollars of
 15  5 taxable valuation multiplied by the taxable valuation to
 15  6 produce the gross taxes levied before application of credits
 15  7 against levied taxes for the previous and current fiscal
 15  8 years.
 15  9    g.  The itemized credits against levied taxes deducted from
 15 10 the gross taxes levied in order to produce the net taxes owned
 15 11 for the previous and current fiscal years.
 15 12    h.  The amount of property tax dollars reduced on each
 15 13 parcel as a result of the moneys received from the property
 15 14 tax relief fund pursuant to section 426B.2, subsections 1 and
 15 15 3.
 15 16    i.  The total amount of taxes levied by each taxing
 15 17 authority in the previous fiscal year and the current fiscal
 15 18 year, the dollar amount difference between the two amounts,
 15 19 and that same difference expressed as a percentage increase or
 15 20 decrease.
 15 21    If the person receiving the statement is not the
 15 22 titleholder of record or contract holder of record of the
 15 23 parcel, that person shall pay a fee at the rate of two dollars
 15 24 per parcel for each year.  The treasurer shall at the same
 15 25 time deliver to the titleholder of record or contract holder
 15 26 of record a copy of the statement.
 15 27    2.  The county treasurer shall deliver to the taxpayer a
 15 28 receipt stating the year of tax, date of payment, a
 15 29 description of the parcel, and the amount of taxes, interest,
 15 30 fees, and costs paid except when payment of taxes is made by
 15 31 check, then a receipt shall be issued only upon request.  The
 15 32 receipt shall be in full of the first half, second half, or
 15 33 full year amounts unless a payment is made under section
 15 34 445.36A or 435.24, subsection 6.
 15 35    Sec. 35.  TAX STATEMENT STUDY COMMITTEE.
 16  1    1.  There is established a tax statement study committee
 16  2 comprised of the members of the county finance committee and
 16  3 three county treasurers appointed by the governor in
 16  4 consultation with the Iowa state treasurers association.
 16  5    2.  The committee shall study the following:
 16  6    a.  The fiscal impact of implementing redesigned property
 16  7 tax statements as required in section 445.5.
 16  8    b.  Identification of the impediments involved in requiring
 16  9 the tax statement in section 445.5.
 16 10    c.  The technological impact of implementing the property
 16 11 tax statement required in section 445.5.
 16 12    d.  The recommended design of the property tax statement
 16 13 required in section 445.5.
 16 14    e.  A process by which counties and the state can achieve
 16 15 the goal of providing a uniform tax statement design to be
 16 16 used statewide.
 16 17    3.  The committee shall furnish a report of its study to
 16 18 the general assembly in January 1998.
 16 19    Sec. 36.  APPLICABILITY DATES.  Section 34 of this division
 16 20 of this Act, amending section 445.5, applies to tax statements
 16 21 issued for the fiscal year beginning July 1, 2001.  The
 16 22 remainder of this division of this Act applies to budgets
 16 23 prepared for fiscal years beginning on or after July 1, 1998.  
 16 24                           EXPLANATION
 16 25    Division I amends Code section 422.120 which provides for a
 16 26 state tax credit for livestock production operations located
 16 27 in the state.  A $2 million standing appropriation is used to
 16 28 support the tax credit.  The amount of the credit equals 10
 16 29 cents for each corn equivalent consumed by the livestock in
 16 30 the production operation.  The section provides that the
 16 31 credit is available to an individual or corporate taxpayer who
 16 32 owns livestock if the total net worth of the taxpayer during
 16 33 the taxpayer's tax year is less than $1 million and the
 16 34 taxpayer receives, or accrues in the case of an accrual-basis
 16 35 taxpayer, more than one-half of the taxpayer's gross income
 17  1 from farming or ranching operations during the tax year.  This
 17  2 division eliminates these net worth and gross income
 17  3 requirements.  The division increases the annual standing
 17  4 appropriation to $12 million beginning with the fiscal year
 17  5 1998-1999.  The division provides that for the tax year
 17  6 beginning on January 1, 1997, the tax credit shall only be
 17  7 allowed for cow-calf beef operations.  For a tax year
 17  8 beginning on or after January 1, 1998, and for each subsequent
 17  9 tax year, the tax credit is only allowed for cow-calf beef
 17 10 operations, farrow-to-feeder pig operations, and dairy cattle
 17 11 operations, unless for any tax year $13 million or more is
 17 12 available to support the tax credit.
 17 13    Division II provides that beginning with property taxes
 17 14 payable in the fiscal year beginning July 1, 1998, the cost of
 17 15 providing property tax credits or reimbursements which are
 17 16 enacted on or after January 1, 1997, shall be fully funded by
 17 17 the state.  If the state does not fully fund this cost, then
 17 18 the taxpayer will receive only a portion of the credit or
 17 19 exemption to the extent the exemption or credit is funded.
 17 20 The portion the taxpayer would receive is an estimate made by
 17 21 the department of revenue and finance.  This also applies to
 17 22 the homestead credit; low-income additional homestead credit;
 17 23 elderly and disabled additional homestead credit; and military
 17 24 service tax credit but only to the extent of $6.75 per $1,000
 17 25 of assessed value.
 17 26    State reimbursements to local governments for the homestead
 17 27 credit; the elderly and disabled additional homestead credit
 17 28 and rent reimbursement; and the military service credit were
 17 29 frozen beginning with the fiscal year 1992-1993 at the fiscal
 17 30 year 1991-1992 levels.  The division eliminates the freeze and
 17 31 provides for standing unlimited appropriations for these
 17 32 credits and reimbursements.  These reimbursements apply to
 17 33 reimbursements made on or after July 1, 1997.
 17 34    Beginning with the fiscal year beginning July 1, 1997, the
 17 35 amount of reimbursements in excess of the dollar amount of
 18  1 reimbursements for the fiscal year 1996-1997 that a school
 18  2 district will receive because of the fully funding of the
 18  3 homestead credit, military service credit, and elderly and
 18  4 disabled credit shall be used entirely for property tax
 18  5 relief.  In the case of a city or county at least 50 percent
 18  6 of such excess reimbursements shall be used for property tax
 18  7 relief with any remaining amount to be used for
 18  8 infrastructure.  The counties may use the remaining amount to
 18  9 pay expenses incurred in providing tax statements and receipts
 18 10 required under a Code section amended in division III.
 18 11    Division III makes numerous changes relating to property
 18 12 taxes and local budget practices.
 18 13    The division moves the budget certification deadline for
 18 14 schools from April 15 to March 15.  The division also provides
 18 15 that cities and counties whose budget is certified after March
 18 16 15 shall be limited to the prior year's certification amount.
 18 17    The division provides that the department of management
 18 18 shall prescribe the forms for budgets certified to the county
 18 19 auditor and for the public hearing notice on the budget for
 18 20 use by cities and counties.  The division requires the
 18 21 department of management to certify local budgets back to the
 18 22 county auditor by June 15 of each year.
 18 23    The publication deadline for the county annual financial
 18 24 report is changed from October 1 to December 1.  The division
 18 25 also provides that the department of management shall
 18 26 prescribe the form for the annual financial report.  The
 18 27 division prescribes a monetary withholding penalty for late
 18 28 filing of the report.
 18 29    The division limits the county's budget reserve to not more
 18 30 than 30 percent of the previous year's property taxes.  If the
 18 31 budget reserve is in excess of 30 percent, the property tax
 18 32 dollars for the present year is reduced by this excess.  These
 18 33 requirements could be waived for up to three years.
 18 34    The division also requires that a property tax statement be
 18 35 delivered to the taxpayer.  The division specifies additional
 19  1 comparative information that must be included on the property
 19  2 tax statement.
 19  3    The division also establishes a tax statement study
 19  4 committee comprised of members of the county finance committee
 19  5 and three county treasurers appointed by the governor.  The
 19  6 committee is charged with studying various administrative and
 19  7 fiscal issues involved with implementing use of the new tax
 19  8 statements.  The committee is to report to the general
 19  9 assembly in January 1998.
 19 10    The section of the division requiring that a tax statement
 19 11 be prepared and mailed applies to tax statements issued for
 19 12 fiscal year 2001-2002.  The remainder of the division applies
 19 13 to budgets prepared for fiscal years beginning on or after
 19 14 July 1, 1998.  
 19 15 LSB 2763YC 77
 19 16 mg/cf/24.2
     

Text: HSB00239                          Text: HSB00241
Text: HSB00200 - HSB00299               Text: HSB Index
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