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House File 2159

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 24.17, unnumbered paragraph 1, Code
  1  2 2001, is amended to read as follows:
  1  3    The local budgets of the various political subdivisions
  1  4 shall be certified by the chairperson of the certifying board
  1  5 or levying board, as the case may be, in duplicate to the
  1  6 county auditor not later than March 15 of each year on forms,
  1  7 and pursuant to instructions, prescribed by the department of
  1  8 management.  However, if the political subdivision is a school
  1  9 district, as defined in section 257.2, or a city, its budget
  1 10 shall be certified not later than April 15 of each year.
  1 11    Sec. 2.  Section 24.27, Code 2001, is amended to read as
  1 12 follows:
  1 13    24.27  PROTEST TO BUDGET.
  1 14    Not later than March 25 or April 25 if the municipality is
  1 15 a school district or a city, a number of persons in any
  1 16 municipality equal to one-fourth of one percent of those
  1 17 voting for the office of governor, at the last general
  1 18 election in the municipality, but the number shall not be less
  1 19 than ten, and the number need not be more than one hundred
  1 20 persons, who are affected by any proposed budget, expenditure
  1 21 or tax levy, or by any item thereof, may appeal from any
  1 22 decision of the certifying board or the levying board by
  1 23 filing with the county auditor of the county in which the
  1 24 municipal corporation is located, a written protest setting
  1 25 forth their objections to the budget, expenditure or tax levy,
  1 26 or to one or more items thereof, and the grounds for their
  1 27 objections.  If a budget is certified after March 15 or April
  1 28 15 in the case of a school district or a city, all appeal time
  1 29 limits shall be extended to correspond to allowances for a
  1 30 timely filing.  Upon the filing of a protest, the county
  1 31 auditor shall immediately prepare a true and complete copy of
  1 32 the written protest, together with the budget, proposed tax
  1 33 levy or expenditure to which objections are made, and shall
  1 34 transmit them forthwith to the state board, and shall also
  1 35 send a copy of the protest to the certifying board or to the
  2  1 levying board, as the case may be.
  2  2    Sec. 3.  Section 24.32, Code 2001, is amended to read as
  2  3 follows:
  2  4    24.32  DECISION CERTIFIED.
  2  5    After a hearing upon the appeal, the state board shall
  2  6 certify its decision to the county auditor and to the parties
  2  7 to the appeal as provided by rule, and the decision shall be
  2  8 final.  The county auditor shall make up the records in
  2  9 accordance with the decision and the levying board shall make
  2 10 its levy in accordance with the decision. Upon receipt of the
  2 11 decision, the certifying board shall correct its records
  2 12 accordingly, if necessary.  Final disposition of all appeals
  2 13 shall be made by the state board on or before April 30 of each
  2 14 year or May 15 if the municipality is a city.
  2 15    Sec. 4.  Section 24.48, unnumbered paragraph 4, Code 2001,
  2 16 is amended to read as follows:
  2 17    The city finance committee shall have officially notified
  2 18 any city of its approval, modification or rejection of the
  2 19 city's appeal of the decision of the director of the
  2 20 department of management regarding a city's request for a
  2 21 suspension of the statutory property tax levy limitation prior
  2 22 to thirty-five days before March April 15.
  2 23    Sec. 5.  Section 76.2, unnumbered paragraph 2, Code 2001,
  2 24 is amended to read as follows:
  2 25    If the resolution is filed prior to April 1 or May 1, if
  2 26 the political subdivision is a school district or a city, the
  2 27 annual levy shall begin with the tax levy for collection
  2 28 commencing July 1 of that year.  If the resolution is filed
  2 29 after April 1 or May 1, in the case of a school district or a
  2 30 city, the annual levy shall begin with the tax levy for
  2 31 collection in the next succeeding fiscal year.  However, the
  2 32 governing authority of a political subdivision may adjust a
  2 33 levy of taxes made under this section for the purpose of
  2 34 adjusting the annual levies and collections for property
  2 35 severed from the political subdivision, subject to the
  3  1 approval of the director of the department of management.
  3  2    Sec. 6.  Section 384.2, unnumbered paragraph 1, Code 2001,
  3  3 is amended to read as follows:
  3  4    Except as otherwise provided for special charter cities, a
  3  5 city's fiscal year shall be as provided in section 24.2,
  3  6 subsection 3.  All city property taxes must be certified by a
  3  7 city to the county auditor on or before the fifteenth day of
  3  8 March April 15 of each year, unless otherwise provided by
  3  9 state law.  However, municipal utilities, if not supported by
  3 10 taxation or the proceeds of outstanding indebtedness payable
  3 11 from taxes may, with the council's consent, choose to operate
  3 12 on a fiscal year which is the calendar year. The receipt by
  3 13 the utility of payments from other governmental funds for
  3 14 public fire protection, street lighting, or other public use
  3 15 of the utility's services shall not be deemed support by
  3 16 taxation.  After notice and hearing in the same manner as
  3 17 required for the city's regular budget under section 384.16,
  3 18 the utility budget must be approved by resolution of the
  3 19 council not later than twenty days prior to the beginning of
  3 20 the calendar year for which the budget applies.
  3 21    Sec. 7.  Section 384.16, subsection 6, Code 2001, is
  3 22 amended to read as follows:
  3 23    6.  Taxes levied by a city whose budget is certified after
  3 24 March April 15 shall be limited to the prior year's budget
  3 25 amount.  However, this penalty may be waived by the director
  3 26 of the department of management if the city demonstrates that
  3 27 the March April 15 deadline was missed because of
  3 28 circumstances beyond the control of the city.
  3 29    Sec. 8.  APPLICABILITY DATE.  This Act applies to city
  3 30 budgets certified for fiscal years beginning on or after July
  3 31 1, 2003.  
  3 32                           EXPLANATION
  3 33    This bill moves the budget certification deadline for
  3 34 cities from March 15 to April 15.
  3 35    The bill applies to budgets certified for fiscal years
  4  1 beginning on or after July 1, 2003.  
  4  2 LSB 6153HH 79
  4  3 sc/sh/8
     

Text: HF02158                           Text: HF02160
Text: HF02100 - HF02199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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