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Bills and Amendments: General Index     Bill History: General Index



Senate File 2123

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 25B.2, subsection 3, Code 2001, is
  1  2 amended by striking the subsection.
  1  3    Sec. 2.  NEW SECTION.  25B.5A  UNFUNDED STATE MANDATES –
  1  4 EFFECT.
  1  5    If, on or after July 1, 2003, a state mandate is enacted by
  1  6 the general assembly, or otherwise imposed, on a political
  1  7 subdivision and the state mandate requires a political
  1  8 subdivision to engage in any new activity, to provide a new
  1  9 service, or to provide any service beyond that required by any
  1 10 law enacted prior to July 1, 2003, and the state does not
  1 11 appropriate moneys to fully fund the cost of the state mandate
  1 12 as identified pursuant to section 25B.5, subsections 1 and 2,
  1 13 the political subdivision is not required to perform the
  1 14 activity or provide the new or increased service and the
  1 15 political subdivision shall not be subject to any liabilities
  1 16 imposed by the state or the imposition of any fines or
  1 17 penalties for the failure to comply with the state mandate.
  1 18    Sec. 3.  Section 25B.7, subsection 2, paragraph a, Code
  1 19 2001, is amended by striking the paragraph.
  1 20    Sec. 4.  Section 100.18, subsection 2, paragraph b, Code
  1 21 2001, is amended to read as follows:
  1 22    b.  The rules shall require the installation of smoke
  1 23 detectors in existing single-family rental units and multiple-
  1 24 unit residential buildings.  Existing single-family dwelling
  1 25 units shall be equipped with approved smoke detectors.  A
  1 26 person who files for a homestead credit pursuant to chapter
  1 27 425 shall certify that the single-family dwelling unit for
  1 28 which the credit is filed has a smoke detector installed in
  1 29 compliance with this section, or that one will be installed
  1 30 within thirty days of the date the filing for the credit is
  1 31 made.  The state fire marshal shall adopt rules and establish
  1 32 appropriate procedures to administer this subsection.
  1 33    Sec. 5.  Section 216.12, subsection 5, Code 2001, is
  1 34 amended to read as follows:
  1 35    5.  The rental or leasing of a housing accommodation in a
  2  1 building which contains housing accommodations for not more
  2  2 than four families living independently of each other, if the
  2  3 owner resides in one of the housing accommodations for which
  2  4 the owner qualifies for the homestead tax credit under section
  2  5 425.1 at least six months of the calendar year.
  2  6    Sec. 6.  Section 331.401, subsection 1, paragraph g, Code
  2  7 2001, is amended by striking the paragraph.
  2  8    Sec. 7.  NEW SECTION.  331.423A  ENDING FUND BALANCE.
  2  9    Effective for a fiscal year beginning on or after July 1,
  2 10 2007, budgeted ending fund balances shall not exceed twenty-
  2 11 five percent of actual expenditures in the previous fiscal
  2 12 year for either the general fund or the rural services fund.
  2 13 An ending fund balance does not include funds reserved or
  2 14 designated for a specific purpose and specifically described
  2 15 in the certified budget.  For purposes of this section, the
  2 16 general fund includes the general services basic fund and the
  2 17 general services supplemental fund and the rural services fund
  2 18 includes the rural services basic fund and the rural services
  2 19 supplemental fund.
  2 20    Sec. 8.  Section 331.424A, subsection 4, Code Supplement
  2 21 2001, is amended to read as follows:
  2 22    4.  For the fiscal year beginning July 1, 1996, and for
  2 23 each subsequent fiscal year, the county shall certify a levy
  2 24 for payment of services.  For each fiscal year, county
  2 25 revenues from taxes imposed by the county credited to the
  2 26 services fund shall not exceed an amount equal to the amount
  2 27 of base year expenditures for services as defined in section
  2 28 331.438, less the amount of property tax relief to be received
  2 29 pursuant to section 426B.2, in the fiscal year for which the
  2 30 budget is certified.  The county auditor and the board of
  2 31 supervisors shall reduce the amount of the levy certified for
  2 32 the services fund by the amount of property tax relief to be
  2 33 received.  A levy certified under this section is not subject
  2 34 to the appeal provisions of sections section 331.426 and
  2 35 444.25B or to any other provision in law authorizing a county
  3  1 to exceed, increase, or appeal a property tax levy limit.
  3  2    Sec. 9.  Section 331.424B, Code 2001, is amended to read as
  3  3 follows:
  3  4    331.424B  CEMETERY LEVY.
  3  5    The board may levy annually a tax not to exceed six and
  3  6 three-fourths cents per thousand dollars of the assessed value
  3  7 of all taxable property in the county to repair and maintain
  3  8 all cemeteries under the jurisdiction of the board including
  3  9 pioneer cemeteries and to pay other expenses of the board or
  3 10 the cemetery commission as provided in section 331.325.  The
  3 11 proceeds of the tax levy shall be credited to the county
  3 12 general fund.  Sections 444.25A and 444.25B do not apply to
  3 13 the property tax levied or expended for cemeteries pursuant to
  3 14 section 331.325.
  3 15    Sec. 10.  Section 331.429, subsection 1, paragraphs a and
  3 16 b, Code Supplement 2001, are amended to read as follows:
  3 17    a.  Transfers from the general fund not to exceed in any
  3 18 year the dollar equivalent of a tax of sixteen and seven-
  3 19 eighths cents per thousand dollars of assessed value on all
  3 20 taxable property in the county multiplied by the ratio of
  3 21 current taxes actually collected and apportioned for the
  3 22 general basic levy to the total general basic levy for the
  3 23 current year, and an amount equivalent to the moneys derived
  3 24 by the general fund from military service tax credits under
  3 25 chapter 426A, manufactured or mobile home taxes under section
  3 26 435.22, and delinquent taxes for prior years collected and
  3 27 apportioned to the general basic fund in the current year,
  3 28 multiplied by the ratio of sixteen and seven-eighths cents to
  3 29 three dollars and fifty cents.
  3 30    b.  Transfers from the rural services fund not to exceed in
  3 31 any year the dollar equivalent of a tax of three dollars and
  3 32 three-eighths cents per thousand dollars of assessed value on
  3 33 all taxable property not located within the corporate limits
  3 34 of a city in the county multiplied by the ratio of current
  3 35 taxes actually collected and apportioned for the rural
  4  1 services basic levy to the total rural services basic levy for
  4  2 the current year and an amount equivalent to the moneys
  4  3 derived by the rural services fund from military service tax
  4  4 credits under chapter 426A, manufactured or mobile home taxes
  4  5 under section 435.22, and delinquent taxes for prior years
  4  6 collected and apportioned to the rural services basic fund in
  4  7 the current year, multiplied by the ratio of three dollars and
  4  8 three-eighths cents to three dollars and ninety-five cents.
  4  9    Sec. 11.  Section 331.512, subsection 3, Code 2001, is
  4 10 amended by striking the subsection.
  4 11    Sec. 12.  Section 331.559, subsection 12, Code Supplement
  4 12 2001, is amended by striking the subsection.
  4 13    Sec. 13.  Section 331.559, subsection 13, Code Supplement
  4 14 2001, is amended by striking the subsection.
  4 15    Sec. 14.  Section 403.19, subsection 2, Code Supplement
  4 16 2001, is amended to read as follows:
  4 17    2.  That portion of the taxes each year in excess of such
  4 18 amount shall be allocated to and when collected be paid into a
  4 19 special fund of the municipality to pay the principal of and
  4 20 interest on loans, moneys advanced to, or indebtedness,
  4 21 whether funded, refunded, assumed, or otherwise, including
  4 22 bonds issued under the authority of section 403.9, subsection
  4 23 1, incurred by the municipality to finance or refinance, in
  4 24 whole or in part, an urban renewal project within the area,
  4 25 and to provide assistance for low and moderate income family
  4 26 housing as provided in section 403.22, except that taxes for
  4 27 the regular and voter-approved physical plant and equipment
  4 28 levy of levied by a school district imposed pursuant to
  4 29 section 298.2 and taxes for the payment of bonds and interest
  4 30 of each taxing district must be collected against all taxable
  4 31 property within the taxing district without limitation by the
  4 32 provisions of this subsection.  However, all or a portion of
  4 33 the taxes for the physical plant and equipment levy school
  4 34 district property tax revenue shall be paid by the school
  4 35 district to the municipality if the auditor certifies to the
  5  1 school district by July 1 the amount of such levy school
  5  2 district property tax revenue that is necessary to pay the
  5  3 principal and interest on bonds issued by the municipality to
  5  4 finance an urban renewal project, which bonds were issued
  5  5 before July 1, 2001 2003.  Indebtedness incurred to refund
  5  6 bonds issued prior to July 1, 2001 2003, shall not be included
  5  7 in the certification.  Such school district shall pay over the
  5  8 amount certified by November 1 and May 1 of the fiscal year
  5  9 following certification to the school district.  Unless and
  5 10 until the total assessed valuation of the taxable property in
  5 11 an urban renewal area exceeds the total assessed value of the
  5 12 taxable property in such area as shown by the last equalized
  5 13 assessment roll referred to in subsection 1, all of the taxes
  5 14 levied and collected upon the taxable property in the urban
  5 15 renewal area shall be paid into the funds for the respective
  5 16 taxing districts as taxes by or for the taxing districts in
  5 17 the same manner as all other property taxes.  When such loans,
  5 18 advances, indebtedness, and bonds, if any, and interest
  5 19 thereon, have been paid, all moneys thereafter received from
  5 20 taxes upon the taxable property in such urban renewal area
  5 21 shall be paid into the funds for the respective taxing
  5 22 districts in the same manner as taxes on all other property.
  5 23    Sec. 15.  Section 403.19, subsection 7, Code Supplement
  5 24 2001, is amended by striking the subsection and inserting in
  5 25 lieu thereof the following:
  5 26    7.  For any fiscal year, a municipality may certify to the
  5 27 county auditor for school district property tax revenue
  5 28 necessary for payment of principal and interest on bonds
  5 29 issued prior to July 1, 2003.  The municipality may receive
  5 30 school district property tax revenue only if the municipality
  5 31 certified for such revenue for the fiscal year beginning July
  5 32 1, 2003.  A municipality shall not certify more than the
  5 33 amount the municipality certified for the fiscal year
  5 34 beginning July 1, 2003.  If for any fiscal year a municipality
  5 35 fails to certify to the county auditor for a school district
  6  1 by July 1 the amount of school district property tax revenue
  6  2 necessary for payment of principal and interest on such bonds,
  6  3 as provided in subsection 2, the school district is not
  6  4 required to pay over the revenue to the municipality.
  6  5    If in any fiscal year a school district and a municipality
  6  6 are unable to agree on the amount of school district property
  6  7 tax revenue for which a municipality may certify, either party
  6  8 may request that the state appeal board review and finally
  6  9 pass upon the amount that may be certified.  Such appeals must
  6 10 be presented in writing to the state appeal board no later
  6 11 than July 31 following certification.  The burden shall be on
  6 12 the municipality to prove that the school district property
  6 13 tax revenue is necessary to pay principal and interest on
  6 14 bonds issued prior to July 1, 2003.  A final decision must be
  6 15 issued by the state appeal board no later than the following
  6 16 October 1.
  6 17    Sec. 16.  Section 403.20, Code 2001, is amended to read as
  6 18 follows:
  6 19    403.20  PERCENTAGE OF ADJUSTMENT CONSIDERED IN VALUE
  6 20 ASSESSMENT.
  6 21    In determining the assessed value of property within an
  6 22 urban renewal area which is subject to a division of tax
  6 23 revenues pursuant to section 403.19, the difference between
  6 24 the actual value of the property as determined by the assessor
  6 25 each year and the percentage of adjustment certified for that
  6 26 year by the director of revenue and finance on or before
  6 27 November 1 reductions applied to the property pursuant to
  6 28 section 441.21, subsection 9 4, 5, 5A, or 5B, multiplied by
  6 29 the actual value of the property as determined by the
  6 30 assessor, shall be subtracted from the actual value of the
  6 31 property as determined pursuant to section 403.19, subsection
  6 32 1.  If the assessed value of the property as determined
  6 33 pursuant to section 403.19, subsection 1, is reduced to zero,
  6 34 the additional valuation reduction shall be subtracted from
  6 35 the actual value of the property as determined by the
  7  1 assessor.
  7  2    Sec. 17.  Section 404.3, subsection 1, Code 2001, is
  7  3 amended to read as follows:
  7  4    1.  All qualified real estate assessed as residential
  7  5 property is eligible to receive an exemption from taxation
  7  6 based on the actual value added by the improvements.  The
  7  7 exemption is for a period of ten years.  The amount of the
  7  8 exemption is equal to a percent of the actual value added by
  7  9 the improvements, determined as follows:  One hundred fifteen
  7 10 percent of the value added by the improvements.  However, the
  7 11 amount of the actual value added by the improvements which
  7 12 shall be used to compute the exemption shall not exceed twenty
  7 13 thousand dollars and the granting of the exemption shall not
  7 14 result in the actual value of the qualified real estate being
  7 15 reduced below the actual value on which the homestead credit
  7 16 is computed under section 425.1.
  7 17    Sec. 18.  Section 425.16, Code 2001, is amended to read as
  7 18 follows:
  7 19    425.16  ADDITIONAL TAX CREDIT.
  7 20    In addition to the homestead tax credit allowed under
  7 21 section 425.1, subsections 1 to 4, persons Persons who own or
  7 22 rent their homesteads and who meet the qualifications provided
  7 23 in this division are eligible for an extraordinary property
  7 24 tax credit or reimbursement.
  7 25    Sec. 19.  Section 425.23, subsection 1, Code 2001, is
  7 26 amended to read as follows:
  7 27    1.  a.  The tentative credit or reimbursement for a
  7 28 claimant described in section 425.17, subsection 2, paragraph
  7 29 "a" and paragraph "b" if no appropriation is made to the fund
  7 30 created in section 425.40 shall be determined in accordance
  7 31 with the following schedule:  
  7 32                                    Percent of property taxes
  7 33                                    due or rent constituting
  7 34                                    property taxes paid
  7 35 If the household                   allowed as a credit or
  8  1 income is:                         reimbursement:
  8  2 $     0 –  8,499.99 ....................   100%
  8  3   8,500 –  9,499.99 ....................    85
  8  4   9,500 – 10,499.99 ....................    70
  8  5  10,500 – 12,499.99 ....................    50
  8  6  12,500 – 14,499.99 ....................    35
  8  7  14,500 – 16,499.99 ....................    25
  8  8    b.  If moneys have been appropriated to the fund created in
  8  9 section 425.40, the tentative credit or reimbursement for a
  8 10 claimant described in section 425.17, subsection 2, paragraph
  8 11 "b", shall be determined as follows:
  8 12    (1)  If the amount appropriated under section 425.40 plus
  8 13 any supplemental appropriation made for a fiscal year for
  8 14 purposes of this lettered paragraph is at least twenty-seven
  8 15 million dollars, the tentative credit or reimbursement shall
  8 16 be determined in accordance with the following schedule:  
  8 17                                     Percent of property taxes
  8 18                                     due or rent constituting
  8 19                                     property taxes paid
  8 20 If the household                    allowed as a credit or
  8 21 income is:                          reimbursement:
  8 22 $     0 –  8,499.99 ....................   100%
  8 23   8,500 –  9,499.99 ....................    85
  8 24   9,500 – 10,499.99 ....................    70
  8 25  10,500 – 12,499.99 ....................    50
  8 26  12,500 – 14,499.99 ....................    35
  8 27  14,500 – 16,499.99 ....................    25
  8 28    (2)  If the amount appropriated under section 425.40 plus
  8 29 any supplemental appropriation made for a fiscal year for
  8 30 purposes of this lettered paragraph is less than twenty-seven
  8 31 million dollars, the tentative credit or reimbursement shall
  8 32 be determined in accordance with the following schedule:  
  8 33                                 Percent of property taxes
  8 34                                 due or rent constituting
  8 35                                 property taxes paid
  9  1 If the household                allowed as a credit or
  9  2 income is:                      reimbursement:
  9  3 $     0 –  8,499.99 ....................   50%
  9  4   8,500 –  9,499.99 ....................   42
  9  5   9,500 – 10,499.99 ....................   35
  9  6  10,500 – 12,499.99 ....................   25
  9  7  12,500 – 14,499.99 ....................   17
  9  8  14,500 – 16,499.99 ....................   12
  9  9    Sec. 20.  Section 425.23, subsection 2, Code 2001, is
  9 10 amended by striking the subsection.
  9 11    Sec. 21.  Section 425.23, subsection 3, paragraph a, Code
  9 12 2001, is amended to read as follows:
  9 13    a.  A person who is eligible to file a claim for credit for
  9 14 property taxes due and who has a household income of eight
  9 15 thousand five hundred dollars or less and who has an unpaid
  9 16 special assessment levied against the homestead may file a
  9 17 claim for a special assessment credit with the county
  9 18 treasurer.  The department shall provide to the respective
  9 19 treasurers the forms necessary for the administration of this
  9 20 subsection.  The claim shall be filed not later than September
  9 21 30 of each year.  Upon the filing of the claim, interest for
  9 22 late payment shall not accrue against the amount of the unpaid
  9 23 special assessment due and payable.  The claim filed by the
  9 24 claimant constitutes a claim for credit of an amount equal to
  9 25 the actual amount due upon the unpaid special assessment, plus
  9 26 interest, payable during the fiscal year for which the claim
  9 27 is filed against the homestead of the claimant.  However,
  9 28 where the claimant is an individual described in section
  9 29 425.17, subsection 2, paragraph "b", and the tentative credit
  9 30 is determined according to the schedule in subsection 1,
  9 31 paragraph "b", subparagraph (2), of this section, the claim
  9 32 filed constitutes a claim for credit of an amount equal to
  9 33 one-half of the actual amount due and payable during the
  9 34 fiscal year.  The treasurer shall certify to the director of
  9 35 revenue and finance not later than October 15 of each year the
 10  1 total amount of dollars due for claims allowed.  The amount of
 10  2 reimbursement due each county shall be paid by the director of
 10  3 revenue and finance by November 15 of each year, drawn upon
 10  4 warrants payable to the respective treasurer.  There is
 10  5 appropriated annually from the general fund of the state to
 10  6 the department of revenue and finance an amount sufficient to
 10  7 carry out the provisions of this subsection.  The treasurer
 10  8 shall credit any moneys received from the department against
 10  9 the amount of the unpaid special assessment due and payable on
 10 10 the homestead of the claimant.
 10 11    Sec. 22.  Section 427.1, subsection 19, unnumbered
 10 12 paragraph 3, Code Supplement 2001, is amended to read as
 10 13 follows:
 10 14    This exemption shall be limited to the first twenty-five
 10 15 thousand dollars of market value, as defined in section
 10 16 441.21, of the pollution-control or recycling property.  If
 10 17 the pollution-control or recycling property is assessed with
 10 18 other property as a unit, this exemption shall be limited to
 10 19 the net market value added by the pollution-control or
 10 20 recycling property, determined as of the assessment date.
 10 21    Sec. 23.  Section 427.1, subsection 19, unnumbered
 10 22 paragraph 4, Code Supplement 2001, is amended to read as
 10 23 follows:
 10 24    Application for this exemption shall be filed with the
 10 25 assessing authority not later than the first of February of
 10 26 the first year for which the exemption is requested, on forms
 10 27 provided by the department of revenue and finance.  The
 10 28 application shall describe and locate the specific pollution-
 10 29 control or recycling property to be exempted.  A taxpayer can
 10 30 only apply for one exemption per county.
 10 31    Sec. 24.  Section 427A.1, subsection 1, paragraph c, Code
 10 32 Supplement 2001, is amended to read as follows:
 10 33    c.  Buildings, structures or improvements, any of which are
 10 34 constructed on or in the land, attached to the land, or placed
 10 35 upon a foundation whether or not attached to the foundation.
 11  1 However, property taxed under chapter 435 shall not be
 11  2 assessed and taxed as real property.
 11  3    Sec. 25.  Section 427C.12, unnumbered paragraph 2, Code
 11  4 2001, is amended to read as follows:
 11  5    The board of supervisors shall designate the county
 11  6 conservation board or the assessor who shall inspect the area
 11  7 for which an application is filed for a fruit-tree or forest
 11  8 reservation tax exemption before the application is accepted.
 11  9 Use of aerial photographs may be substituted for on-site
 11 10 inspection when appropriate.  The application can only be
 11 11 accepted if it meets the criteria established by the natural
 11 12 resource commission to be a fruit-tree or forest reservation.
 11 13 Once the application has been accepted, the area shall
 11 14 continue to receive the tax exemption during each year in
 11 15 which the area is maintained as a fruit-tree or forest
 11 16 reservation without the owner having to refile.  Acres in a
 11 17 forest reservation shall be exempt from school district levies
 11 18 only.
 11 19    PARAGRAPH DIVIDED.  If the property is sold or transferred,
 11 20 the seller shall notify the buyer that all, or part of, the
 11 21 property is in fruit-tree or forest reservation and subject to
 11 22 the recapture tax provisions of this section.  The tax
 11 23 exemption shall continue to be granted for the remainder of
 11 24 the eight-year period for fruit-tree reservation and for the
 11 25 following years for forest reservation or until the property
 11 26 no longer qualifies as a fruit-tree or forest reservation.
 11 27    The owner of the forest or fruit-tree reservation shall
 11 28 annually certify to the county conservation board or the
 11 29 assessor that the area is being maintained with proper forest
 11 30 or fruit-tree management, including necessary pruning and
 11 31 planting of trees.  The area may be inspected each year by the
 11 32 county conservation board or the assessor to determine if the
 11 33 area is maintained as a fruit-tree or forest reservation.  If
 11 34 the area is not maintained or is used for economic gain other
 11 35 than as a fruit-tree reservation during any year of the eight-
 12  1 year exemption period and any year of the following five years
 12  2 or as a forest reservation during any year for which the
 12  3 exemption is granted and any of the five years following those
 12  4 exemption years, the assessor shall assess the property for
 12  5 taxation at its fair market value as of January 1 of that year
 12  6 and in addition the area shall be subject to a recapture tax.
 12  7 However, the area shall not be subject to the recapture tax if
 12  8 the owner, including one possessing under a contract of sale,
 12  9 and the owner's direct antecedents or descendants have owned
 12 10 the area for more than ten years.  The In the case of a fruit-
 12 11 tree reservation, the tax shall be computed by multiplying the
 12 12 consolidated levy for each of those years, if any, of the five
 12 13 preceding years for which the area received the exemption for
 12 14 fruit-tree or forest reservation times the assessed value of
 12 15 the area that would have been taxed but for the tax exemption.
 12 16 In the case of a forest reservation, the tax shall be computed
 12 17 by multiplying the school district levy for each of those
 12 18 years, if any, of the five preceding years for which the area
 12 19 received the exemption for forest reservation times the
 12 20 assessed value of the area that would have been taxed but for
 12 21 the tax exemption.  This The tax shall be entered against the
 12 22 property on the tax list for the current year and shall
 12 23 constitute a lien against the property in the same manner as a
 12 24 lien for property taxes.  The tax when collected shall be
 12 25 apportioned in the manner provided for the apportionment of
 12 26 the property taxes for the applicable tax year.
 12 27    Sec. 26.  Section 433.6, Code 2001, is amended to read as
 12 28 follows:
 12 29    433.6  TAXABLE VALUE.
 12 30    The taxable value shall be determined by taking the
 12 31 percentage of the actual value so ascertained, reduced as
 12 32 provided by section 441.21, and the ratio between the actual
 12 33 value and the assessed or taxable value of the property of
 12 34 each of said companies shall be the same as in the case of
 12 35 property of private individuals.
 13  1    Sec. 27.  Section 435.22, unnumbered paragraph 1, Code
 13  2 Supplement 2001, is amended by striking the unnumbered
 13  3 paragraph and inserting in lieu thereof the following:
 13  4    A mobile home or manufactured home shall be assessed as
 13  5 residential property pursuant to section 441.21, subsection 4,
 13  6 and shall be taxed an annual ad valorem tax in the same manner
 13  7 as other residential property.  Persons who own or rent a
 13  8 mobile home or manufactured home as a homestead and who meet
 13  9 the qualifications provided in sections 425.17 through 425.40
 13 10 are eligible for an extraordinary property tax credit or
 13 11 reimbursement.  A person who owns a mobile home or
 13 12 manufactured home is eligible to apply for the military tax
 13 13 exemption as provided in section 426A.11.
 13 14    Sec. 28.  Section 435.24, subsections 1, 2, and 4, Code
 13 15 Supplement 2001, are amended to read as follows:
 13 16    1.  The annual tax is due and payable to the county
 13 17 treasurer on or after July 1 in each fiscal year and is
 13 18 collectible in the same manner and at the same time as
 13 19 ordinary taxes as provided in sections 445.36, 445.37, and
 13 20 445.39.  Interest at the rate prescribed by law shall accrue
 13 21 on unpaid taxes.  Both installments of taxes may be paid at
 13 22 one time.  The September installment represents a tax period
 13 23 beginning July 1 and ending December 31.  The March
 13 24 installment represents a tax period beginning January 1 and
 13 25 ending June 30.  A mobile home, manufactured home, or modular
 13 26 home coming into this state from outside the state, put in use
 13 27 from a dealer's inventory, or put in use at any time after
 13 28 July 1 or January 1, and located in a manufactured home
 13 29 community or mobile home park, is subject to the taxes
 13 30 prorated for the remaining unexpired months of the tax period,
 13 31 but the purchaser is not required to pay the tax at the time
 13 32 of purchase.  Interest attaches the following April 1 for
 13 33 taxes prorated on or after October 1.  Interest attaches the
 13 34 following October 1 for taxes prorated on or after April 1.
 13 35 Interest at the rate prescribed by law shall accrue on unpaid
 14  1 taxes.  If the taxes are not paid, the county treasurer shall
 14  2 send a statement of delinquent taxes as part of the notice of
 14  3 tax sale as provided in section 446.9.  The owner of a home
 14  4 who sells the home between July 1 and December 31 and obtains
 14  5 a tax clearance statement is responsible only for the
 14  6 September tax payment and is not required to pay taxes for
 14  7 subsequent tax periods.  If the owner of a home located in a
 14  8 manufactured home community or mobile home park sells the
 14  9 home, obtains a tax clearance statement, and obtains a
 14 10 replacement home to be located in a manufactured home
 14 11 community or mobile home park, the owner shall not pay taxes
 14 12 under this chapter for the newly acquired home for the same
 14 13 tax period that the owner has paid taxes on the home sold.
 14 14 Interest for delinquent taxes shall be calculated to the
 14 15 nearest whole dollar.  In calculating interest each fraction
 14 16 of a month shall be counted as an entire month.
 14 17    2.  The home owners upon issuance of a certificate of title
 14 18 or upon transporting to a new site shall file the address,
 14 19 township, and school district, of the location where the home
 14 20 is parked with the county treasurer's office.  Failure to
 14 21 comply is punishable as set out in section 435.18.  When the
 14 22 new location is outside of a manufactured home community or
 14 23 mobile home park, the The county treasurer shall provide to
 14 24 the assessor a copy of the tax clearance statement for
 14 25 purposes of assessment as real estate on the following January
 14 26 1.
 14 27    4.  The tax is a lien on the vehicle senior to any other
 14 28 lien upon it except a judgment obtained in an action to
 14 29 dispose of an abandoned home under section 555B.8.  The home
 14 30 bearing a current registration issued by any other state and
 14 31 remaining within this state for an accumulated period not to
 14 32 exceed ninety days in any twelve-month period is not subject
 14 33 to Iowa tax.  However, when one or more persons occupying a
 14 34 home bearing a foreign registration are employed in this
 14 35 state, there is no exemption from the Iowa tax.  This tax is
 15  1 in lieu of all other taxes general or local on a home.
 15  2    Sec. 29.  Section 435.26, subsection 1, paragraph a, Code
 15  3 Supplement 2001, is amended to read as follows:
 15  4    a.  A mobile home or manufactured home which is located
 15  5 outside a manufactured home community or mobile home park
 15  6 shall be converted to real estate by being shall be placed on
 15  7 a permanent foundation and shall be assessed for real estate
 15  8 taxes.  A home, after conversion to real estate, is eligible
 15  9 for the homestead tax credit and the military tax exemption as
 15 10 provided in sections 425.2 and 426A.11.  Such mobile home or
 15 11 manufactured home is subject to the requirements of this
 15 12 section.
 15 13    Sec. 30.  Section 435.27, subsection 1, Code Supplement
 15 14 2001, is amended to read as follows:
 15 15    1.  A mobile home or manufactured home converted to real
 15 16 estate under section 435.26 may be reconverted to a home as
 15 17 provided in this section when it that is moved to a
 15 18 manufactured home community or mobile home park or a
 15 19 manufactured home retailer's inventory is subject to the
 15 20 requirements of this section.  When the home is located within
 15 21 a manufactured home community or mobile home park, the home
 15 22 shall be taxed pursuant to section 435.22, subsection 1.
 15 23    Sec. 31.  Section 435.27, subsection 3, Code Supplement
 15 24 2001, is amended by striking the subsection.
 15 25    Sec. 32.  Section 435.28, Code Supplement 2001, is amended
 15 26 to read as follows:
 15 27    435.28  COUNTY TREASURER TO NOTIFY ASSESSOR.
 15 28    Upon issuance of a certificate of title to a mobile home or
 15 29 manufactured home which is not located in a manufactured home
 15 30 community or mobile home park or dealer's inventory, the
 15 31 county treasurer shall notify the assessor of the existence of
 15 32 the home for tax assessment purposes.
 15 33    Sec. 33.  Section 435.35, Code Supplement 2001, is amended
 15 34 to read as follows:
 15 35    435.35  EXISTING HOME OUTSIDE OF MANUFACTURED HOME
 16  1 COMMUNITY OR MOBILE HOME PARK – EXEMPTION.
 16  2    A taxable mobile home or manufactured home which is not
 16  3 located in a manufactured home community or mobile home park
 16  4 as of January 1, 1995, shall be assessed and taxed as real
 16  5 estate.  The home is also exempt from the permanent foundation
 16  6 requirements of this chapter until the home is relocated.
 16  7    Sec. 34.  Section 436.8, Code 2001, is amended to read as
 16  8 follows:
 16  9    436.8  ACTUAL VALUE PER MILE – TAXABLE VALUE.
 16 10    The director of revenue and finance shall thereupon
 16 11 ascertain the value per mile of the property within the state,
 16 12 by dividing the total value as above ascertained, after
 16 13 deducting the specific properties locally assessed within the
 16 14 state, by the number of miles within the state, and the result
 16 15 shall be deemed and held to be the actual value per mile of
 16 16 the property of such company within the state.  The assessed
 16 17 or taxable value shall be determined by taking that percentage
 16 18 of the actual value so ascertained, reduced as is provided by
 16 19 section 441.21, and such valuation and assessment shall be in
 16 20 the same ratio as that of the property of individuals.
 16 21    Sec. 35.  Section 437.7, Code 2001, is amended to read as
 16 22 follows:
 16 23    437.7  TAXABLE VALUE.
 16 24    The taxable value of such line or lines of which the
 16 25 director of revenue and finance by this chapter is required to
 16 26 find the value, shall be determined by taking the percentage
 16 27 of the actual reduction in value so ascertained, as provided
 16 28 by section 441.21, and the ratio between the actual value and
 16 29 the assessed or taxable value of the transmission line or
 16 30 lines of each of said companies located outside of cities
 16 31 shall be the same as in the case of the property of private
 16 32 individuals.
 16 33    Sec. 36.  Section 441.21, subsection 1, paragraphs e, f,
 16 34 and g, Code Supplement 2001, are amended by striking the
 16 35 paragraphs.
 17  1    Sec. 37.  Section 441.21, subsection 2, Code Supplement
 17  2 2001, is amended to read as follows:
 17  3    2.  In the event market value of the property being
 17  4 assessed cannot be readily established in the foregoing
 17  5 manner, then the assessor may determine the value of the
 17  6 property using the other uniform and recognized appraisal
 17  7 methods including its productive and earning capacity, if any,
 17  8 industrial conditions, its cost, physical and functional
 17  9 depreciation and obsolescence and replacement cost, and all
 17 10 other factors which would assist in determining the fair and
 17 11 reasonable market value of the property but the actual value
 17 12 shall not be determined by use of only one such factor.  The
 17 13 following shall not be taken into consideration:  Special
 17 14 value or use value of the property to its present owner, and
 17 15 the good will or value of a business which uses the property
 17 16 as distinguished from the value of the property as property.
 17 17 However, in assessing property that is rented or leased to
 17 18 low-income individuals and families as authorized by section
 17 19 42 of the Internal Revenue Code, as amended, and which section
 17 20 limits the amount that the individual or family pays for the
 17 21 rental or lease of units in the property, the assessor shall
 17 22 use the productive and earning capacity from the actual rents
 17 23 received as a method of appraisal and shall take into account
 17 24 the extent to which that use and limitation reduces the market
 17 25 value of the property.  The assessor shall not consider any
 17 26 tax credit equity or other subsidized financing as income
 17 27 provided to the property in determining the assessed value.
 17 28 Upon adoption of uniform rules by the revenue department or
 17 29 succeeding authority covering assessments and valuations of
 17 30 such properties, said valuation on such properties shall be
 17 31 determined in accordance therewith with such uniform rules for
 17 32 assessment purposes to assure uniformity, but such rules shall
 17 33 not be inconsistent with or change the foregoing means of
 17 34 determining the actual, market, taxable, and assessed values.
 17 35    In the event market value of newly constructed residential
 18  1 property being assessed cannot be readily established because
 18  2 of insufficient comparable sales, the assessor shall use the
 18  3 replacement cost method to value the property.
 18  4    Sec. 38.  Section 441.21, subsection 4, Code Supplement
 18  5 2001, is amended by striking the subsection and inserting in
 18  6 lieu thereof the following:
 18  7    4.  For valuations established as of January 1, 2003, the
 18  8 actual value at which residential property is assessed shall
 18  9 be reduced by ten thousand dollars on each parcel of
 18 10 residential property assessed for taxation.
 18 11    Sec. 39.  Section 441.21, subsection 5, Code Supplement
 18 12 2001, is amended to read as follows:
 18 13    5.  For valuations established as of January 1, 1979,
 18 14 commercial property and industrial property, excluding
 18 15 properties referred to in section 427A.1, subsection 7, shall
 18 16 be assessed as a percentage of the actual value of each class
 18 17 of property.  The percentage shall be determined for each
 18 18 class of property by the director of revenue for the state in
 18 19 accordance with the provisions of this section.  For
 18 20 valuations established as of January 1, 1979, the percentage
 18 21 shall be the quotient of the dividend and divisor as defined
 18 22 in this section.  The dividend for each class of property
 18 23 shall be the total actual valuation for each class of property
 18 24 established for 1978, plus six percent of the amount so
 18 25 determined.  The divisor for each class of property shall be
 18 26 the valuation for each class of property established for 1978,
 18 27 as reported by the assessors on the abstracts of assessment
 18 28 for 1978, plus the amount of value added to the total actual
 18 29 value by the revaluation of existing properties in 1979 as
 18 30 equalized by the director of revenue pursuant to section
 18 31 441.49.  For valuations established as of January 1, 1979,
 18 32 property valued by the department of revenue pursuant to
 18 33 sections 428.24 through 428.29, and chapters 428, 433, 436,
 18 34 437, and 438 shall be considered as one class of property and
 18 35 shall be assessed as a percentage of its actual value.  The
 19  1 percentage shall be determined by the director of revenue in
 19  2 accordance with the provisions of this section.  For
 19  3 valuations established as of January 1, 1979, the percentage
 19  4 shall be the quotient of the dividend and divisor as defined
 19  5 in this section.  The dividend shall be the total actual
 19  6 valuation established for 1978 by the department of revenue,
 19  7 plus ten percent of the amount so determined.  The divisor for
 19  8 property valued by the department of revenue pursuant to
 19  9 sections 428.24 through 428.29, and chapters 428, 433, 436,
 19 10 437, and 438 shall be the valuation established for 1978, plus
 19 11 the amount of value added to the total actual value by the
 19 12 revaluation of the property by the department of revenue as of
 19 13 January 1, 1979.  For valuations established as of January 1,
 19 14 1980, commercial property and industrial property, excluding
 19 15 properties referred to in section 427A.1, subsection 7, shall
 19 16 be assessed at a percentage of the actual value of each class
 19 17 of property.  The percentage shall be determined for each
 19 18 class of property by the director of revenue for the state in
 19 19 accordance with the provisions of this section.  For
 19 20 valuations established as of January 1, 1980, the percentage
 19 21 shall be the quotient of the dividend and divisor as defined
 19 22 in this section.  The dividend for each class of property
 19 23 shall be the dividend as determined for each class of property
 19 24 for valuations established as of January 1, 1979, adjusted by
 19 25 the product obtained by multiplying the percentage determined
 19 26 for that year by the amount of any additions or deletions to
 19 27 actual value, excluding those resulting from the revaluation
 19 28 of existing properties, as reported by the assessors on the
 19 29 abstracts of assessment for 1979, plus four percent of the
 19 30 amount so determined.  The divisor for each class of property
 19 31 shall be the total actual value of all such property in 1979,
 19 32 as equalized by the director of revenue pursuant to section
 19 33 441.49, plus the amount of value added to the total actual
 19 34 value by the revaluation of existing properties in 1980.  The
 19 35 director shall utilize information reported on the abstracts
 20  1 of assessment submitted pursuant to section 441.45 in
 20  2 determining such percentage.  For valuations established as of
 20  3 January 1, 1980, property valued by the department of revenue
 20  4 pursuant to sections 428.24 through 428.29, and chapters 428,
 20  5 433, 436, 437, and 438 shall be assessed at a percentage of
 20  6 its actual value.  The percentage shall be determined by the
 20  7 director of revenue in accordance with the provisions of this
 20  8 section.  For valuations established as of January 1, 1980,
 20  9 the percentage shall be the quotient of the dividend and
 20 10 divisor as defined in this section.  The dividend shall be the
 20 11 total actual valuation established for 1979 by the department
 20 12 of revenue, plus eight percent of the amount so determined.
 20 13 The divisor for property valued by the department of revenue
 20 14 pursuant to sections 428.24 through 428.29, and chapters 428,
 20 15 433, 436, 437, and 438 shall be the valuation established for
 20 16 1979, plus the amount of value added to the total actual value
 20 17 by the revaluation of the property by the department of
 20 18 revenue as of January 1, 1980.  For valuations established as
 20 19 of January 1, 1981, and each year thereafter, the percentage
 20 20 of actual value as equalized by the director of revenue and
 20 21 finance as provided in section 441.49 at which commercial
 20 22 property and industrial property, excluding properties
 20 23 referred to in section 427A.1, subsection 7, shall be assessed
 20 24 shall be calculated in accordance with the methods provided
 20 25 herein, except that any references to six percent in this
 20 26 subsection shall be four percent.  For valuations established
 20 27 as of January 1, 1981, and each year thereafter, the
 20 28 percentage of actual value at which property valued by the
 20 29 department of revenue and finance pursuant to sections 428.24
 20 30 through 428.29, and chapters 428, 433, 436, 437, and 438 shall
 20 31 be assessed shall be calculated in accordance with the methods
 20 32 provided herein in this section, except that any references to
 20 33 ten percent in this subsection shall be eight percent.
 20 34 Beginning with valuations established as of January 1, 1979,
 20 35 and each year thereafter, property valued by the department of
 21  1 revenue and finance pursuant to chapter 434 shall also be
 21  2 assessed at a percentage of its actual value which percentage
 21  3 shall be equal to the percentage determined by the director of
 21  4 revenue and finance for commercial property, industrial
 21  5 property, or property valued by the department of revenue and
 21  6 finance pursuant to sections 428.24 through 428.29, and
 21  7 chapters 428, 433, 436, 437, and 438, whichever is lowest.
 21  8    Sec. 40.  Section 441.21, Code Supplement 2001, is amended
 21  9 by adding the following new subsections:
 21 10    NEW SUBSECTION.  5A.  For valuations established as of
 21 11 January 1, 2003, the actual value at which commercial property
 21 12 and industrial property is assessed shall be reduced by
 21 13 twenty-five thousand dollars on each parcel of commercial
 21 14 property or industrial property assessed for taxation.
 21 15    NEW SUBSECTION.  5B.  For valuations established as of
 21 16 January 1, 2003, the actual value at which agricultural
 21 17 property is assessed shall be reduced by twenty-five thousand
 21 18 dollars per tract of agricultural land.  For purposes of this
 21 19 subsection, "tract of agricultural land" means an area of
 21 20 agricultural land which is comprised of all the contiguous
 21 21 tracts under identical legal ownership that are located within
 21 22 the same county.  Before assigning assessed value per tract of
 21 23 agricultural land, the assessor shall establish a per acre
 21 24 assessment for the agricultural property.
 21 25    Sec. 41.  Section 441.21, subsections 9 and 10, Code
 21 26 Supplement 2001, are amended to read as follows:
 21 27    9.  Not later than November 1, 1979 2003, and November 1 of
 21 28 each subsequent year, the director shall certify to the county
 21 29 auditor of each county the percentages of actual value at
 21 30 which residential property, agricultural property, commercial
 21 31 property, industrial property, and property valued by the
 21 32 department of revenue and finance pursuant to sections 428.24
 21 33 through 428.29, and chapters 428, 433, 434, 436, 437, and 438
 21 34 in each assessing jurisdiction in the county shall be assessed
 21 35 for taxation.  The county auditor shall proceed to determine
 22  1 the assessed values of agricultural property, residential
 22  2 property, commercial property, industrial property, and
 22  3 property valued by the department of revenue and finance
 22  4 pursuant to sections 428.24 through 428.29, and chapters 428,
 22  5 433, 434, 436, 437, and 438 by applying such percentages to
 22  6 the current actual value of such property, as reported to the
 22  7 county auditor by the assessor, and the assessed values so
 22  8 determined shall be the taxable values of such properties upon
 22  9 which the levy shall be made.
 22 10    10.  The percentage of actual value computed by the
 22 11 director for agricultural property, residential property,
 22 12 commercial property, industrial property and property valued
 22 13 by the department of revenue and finance pursuant to sections
 22 14 428.24 through 428.29, and chapters 428, 433, 434, 436, 437,
 22 15 and 438 and used to determine assessed values of those classes
 22 16 of property does not constitute a rule as defined in section
 22 17 17A.2, subsection 11.
 22 18    Sec. 42.  Section 441.22, Code 2001, is amended to read as
 22 19 follows:
 22 20    441.22  FOREST AND FRUIT-TREE RESERVATIONS.
 22 21    Forest and fruit-tree reservations fulfilling the
 22 22 conditions of sections 427C.1 to 427C.13 shall be exempt from
 22 23 taxation, except as otherwise provided in section 427C.12.  In
 22 24 all other cases where trees are planted upon any tract of
 22 25 land, without regard to area, for forest, fruit, shade, or
 22 26 ornamental purposes, or for windbreaks, the assessor shall not
 22 27 increase the valuation of  the property because of such
 22 28 improvements.
 22 29    Sec. 43.  Section 441.73, subsection 4, Code 2001, is
 22 30 amended to read as follows:
 22 31    4.  The executive council shall transfer for the fiscal
 22 32 year beginning July 1, 1992, and each fiscal year thereafter,
 22 33 from funds the fund established in sections section 405A.8,
 22 34 425.1, and 426.1, an amount necessary to pay litigation
 22 35 expenses.  The amount of the fund for each fiscal year shall
 23  1 not exceed seven hundred thousand dollars.  The executive
 23  2 council shall determine annually the proportionate amounts to
 23  3 be transferred from the three separate funds.  At any time
 23  4 when no litigation is pending or in progress the balance in
 23  5 the litigation expense fund shall not exceed one hundred
 23  6 thousand dollars.  Any excess moneys shall be transferred in a
 23  7 proportionate amount back to the funds fund from which they
 23  8 were it was originally transferred.
 23  9    Sec. 44.  Section 443.2, unnumbered paragraph 2, Code 2001,
 23 10 is amended to read as follows:
 23 11    The county auditor shall list the aggregate actual value
 23 12 and the aggregate taxable value of all taxable property within
 23 13 the county and each political subdivision including property
 23 14 subject to the statewide property tax imposed under section
 23 15 437A.18 on the tax list in order that the actual value of the
 23 16 taxable property within the county or a political subdivision
 23 17 may be ascertained and shown by the tax list for the purpose
 23 18 of computing the debt-incurring capacity of the county or
 23 19 political subdivision.  As used in this section, "actual
 23 20 value" is the value determined under section 441.21,
 23 21 subsections 1 to 3, prior to the reduction to a percentage of
 23 22 in actual value as otherwise provided in section 441.21.
 23 23 "Actual value" of property subject to statewide property tax
 23 24 is the assessed value under section 437A.18.
 23 25    Sec. 45.  NEW SECTION.  444.25  PROPERTY TAX LIMITATION.
 23 26    1.  a.  For property taxes due and payable in the fiscal
 23 27 year beginning July 1, 2004, and all subsequent fiscal years,
 23 28 property taxes levied by a county against residential property
 23 29 shall not exceed an amount equal to one and one-half percent
 23 30 of the actual value of the property as determined by the
 23 31 assessor before the reduction in section 441.21, subsection 4,
 23 32 is applied.
 23 33    b.  For property taxes due and payable in the fiscal year
 23 34 beginning July 1, 2004, and all subsequent fiscal years,
 23 35 property taxes levied by a city against residential property
 24  1 shall not exceed an amount equal to one and one-half percent
 24  2 of the actual value of the property as determined by the
 24  3 assessor before the reduction in section 441.21, subsection 4,
 24  4 is applied.
 24  5    2.  a.  (1)  For property taxes due and payable in the
 24  6 fiscal year beginning July 1, 2004, property taxes levied by a
 24  7 county against commercial property or industrial property
 24  8 shall not exceed an amount equal to four percent of the actual
 24  9 value of the property as determined by the assessor before the
 24 10 reduction in section 441.21, subsection 5A, is applied.
 24 11    (2)  For property taxes due and payable in the fiscal year
 24 12 beginning July 1, 2005, property taxes levied by a county
 24 13 against commercial property or industrial property shall not
 24 14 exceed an amount equal to three and three-fourths percent of
 24 15 the actual value of the property as determined by the assessor
 24 16 before the reduction in section 441.21, subsection 5A, is
 24 17 applied.
 24 18    (3)  For property taxes due and payable in the fiscal year
 24 19 beginning July 1, 2006, property taxes levied by a county
 24 20 against commercial property or industrial property shall not
 24 21 exceed an amount equal to three and one-half percent of the
 24 22 actual value of the property as determined by the assessor
 24 23 before the reduction in section 441.21, subsection 5A, is
 24 24 applied.
 24 25    (4)  For property taxes due and payable in the fiscal year
 24 26 beginning July 1, 2007, property taxes levied by a county
 24 27 against commercial property or industrial property shall not
 24 28 exceed an amount equal to three and one-fourth percent of the
 24 29 actual value of the property as determined by the assessor
 24 30 before the reduction in section 441.21, subsection 5A, is
 24 31 applied.
 24 32    (5)  For property taxes due and payable in the fiscal year
 24 33 beginning July 1, 2008, and all subsequent fiscal years,
 24 34 property taxes levied by a county against commercial property
 24 35 or industrial property shall not exceed an amount equal to
 25  1 three percent of the actual value of the property as
 25  2 determined by the assessor before the reduction in section
 25  3 441.21, subsection 5A, is applied.
 25  4    b.  (1)  For property taxes due and payable in the fiscal
 25  5 year beginning July 1, 2004, property taxes levied by a city
 25  6 against commercial property or industrial property shall not
 25  7 exceed an amount equal to four percent of the actual value of
 25  8 the property as determined by the assessor before the
 25  9 reduction in section 441.21, subsection 5A, is applied.
 25 10    (2)  For property taxes due and payable in the fiscal year
 25 11 beginning July 1, 2005, property taxes levied by a city
 25 12 against commercial property or industrial property shall not
 25 13 exceed an amount equal to three and three-fourths percent of
 25 14 the actual value of the property as determined by the assessor
 25 15 before the reduction in section 441.21, subsection 5A, is
 25 16 applied.
 25 17    (3)  For property taxes due and payable in the fiscal year
 25 18 beginning July 1, 2006, property taxes levied by a city
 25 19 against commercial property or industrial property shall not
 25 20 exceed an amount equal to three and one-half percent of the
 25 21 actual value of the property as determined by the assessor
 25 22 before the reduction in section 441.21, subsection 5A, is
 25 23 applied.
 25 24    (4)  For property taxes due and payable in the fiscal year
 25 25 beginning July 1, 2007, property taxes levied by a city
 25 26 against commercial property or industrial property shall not
 25 27 exceed an amount equal to three and one-fourth percent of the
 25 28 actual value of the property as determined by the assessor
 25 29 before the reduction in section 441.21, subsection 5A, is
 25 30 applied.
 25 31    (5)  For property taxes due and payable in the fiscal year
 25 32 beginning July 1, 2008, and all subsequent fiscal years,
 25 33 property taxes levied by a city against commercial property or
 25 34 industrial property shall not exceed an amount equal to three
 25 35 percent of the actual value of the property as determined by
 26  1 the assessor before the reduction in section 441.21,
 26  2 subsection 5A, is applied.
 26  3    3.  a.  For property taxes due and payable in the fiscal
 26  4 year beginning July 1, 2004, and all subsequent fiscal years,
 26  5 property taxes levied by a county against agricultural
 26  6 property shall not exceed an amount equal to one and one-half
 26  7 percent of the actual value of the property as determined by
 26  8 the assessor before the reduction in section 441.21,
 26  9 subsection 5B, is applied.
 26 10    b.  For property taxes due and payable in the fiscal year
 26 11 beginning July 1, 2004, and all subsequent fiscal years,
 26 12 property taxes levied by a city against agricultural property
 26 13 shall not exceed an amount equal to one and one-half percent
 26 14 of the actual value of the property as determined by the
 26 15 assessor before the reduction in section 441.21, subsection
 26 16 5B, is applied.
 26 17    Sec. 46.  Section 444.25A, Code 2001, is amended by
 26 18 striking the section and inserting in lieu thereof the
 26 19 following:
 26 20    444.25A  PROPERTY TAX LIMITATION – CONSUMER PRICE INDEX.
 26 21    1.  Notwithstanding the limitations in section 444.25, the
 26 22 percentage increase in the amount of property taxes to be
 26 23 levied against any class of property for the next fiscal year
 26 24 cannot exceed the following percentage:  the product of the
 26 25 amount of property taxes paid as a percent of actual value in
 26 26 the current fiscal year and the sum of one plus the consumer
 26 27 price index.
 26 28    2.  This limitation does not apply to new construction,
 26 29 reclassified property, and property for which a tax abatement
 26 30 under chapter 404 has expired.
 26 31    3.  For purposes of this section, "consumer price index"
 26 32 means the percentage rate of change in the consumer price
 26 33 index as tabulated by the United States department of labor,
 26 34 bureau of labor statistics, for the twelve-month period ending
 26 35 June 30 of the previous fiscal year.
 27  1    Sec. 47.  Section 445.1, subsection 6, Code Supplement
 27  2 2001, is amended to read as follows:
 27  3    6.  "Taxes" means an annual ad valorem tax, a special
 27  4 assessment, a drainage tax, and a rate or charge, and taxes on
 27  5 homes pursuant to chapter 435 which are collectible by the
 27  6 county treasurer.
 27  7    Sec. 48.  Section 445.39, Code 2001, is amended to read as
 27  8 follows:
 27  9    445.39  INTEREST ON DELINQUENT TAXES.
 27 10    If the first installment of taxes is not paid by the
 27 11 delinquent date specified in section 445.37, the installment
 27 12 becomes due and draws interest of three-fourths of one and
 27 13 one-half percent per month until paid, from the delinquent
 27 14 date following the levy.  If the last half is not paid by the
 27 15 delinquent date specified for it in section 445.37, the same
 27 16 interest shall be charged from the date the last half became
 27 17 delinquent.  However, after April 1 in a fiscal year when late
 27 18 delivery of the tax list referred to in chapter 443 results in
 27 19 a delinquency date later than October 1 for the first
 27 20 installment, interest on delinquent first installments shall
 27 21 accrue as if delivery were made on the previous June 30.  The
 27 22 interest imposed under this section shall be computed to the
 27 23 nearest whole dollar and the amount of interest shall not be
 27 24 less than one dollar.  In calculating interest each fraction
 27 25 of a month shall be counted as an entire month.  The interest
 27 26 percentage on delinquent special assessments and rates or
 27 27 charges is the same as that for the first installment of
 27 28 delinquent ad valorem taxes.
 27 29    Sec. 49.  Section 447.1, unnumbered paragraph 1, Code 2001,
 27 30 is amended to read as follows:
 27 31    A parcel sold under this chapter and chapter 446 may be
 27 32 redeemed at any time before the right of redemption expires,
 27 33 by payment to the county treasurer, to be held by the
 27 34 treasurer subject to the order of the purchaser, of the amount
 27 35 for which the parcel was sold, including the fee for the
 28  1 certificate of purchase, and interest of two one percent per
 28  2 month, counting each fraction of a month as an entire month,
 28  3 from the month of sale, and the total amount paid by the
 28  4 purchaser or the purchaser's assignee for any subsequent year,
 28  5 with interest at the same rate added on the amount of the
 28  6 payment for each subsequent year from the month of payment,
 28  7 counting each fraction of a month as an entire month.  The
 28  8 amount of interest must be at least one dollar and shall be
 28  9 rounded to the nearest whole dollar.  Interest shall accrue on
 28 10 subsequent amounts from the month of payment by the
 28 11 certificate holder.
 28 12    Sec. 50.  Section 499A.14, Code 2001, is amended to read as
 28 13 follows:
 28 14    499A.14  TAXATION.
 28 15    The real estate shall be taxed in the name of the
 28 16 cooperative, and each member of the cooperative shall pay that
 28 17 member's proportionate share of the tax in accordance with the
 28 18 proration formula set forth in the bylaws, and each member
 28 19 occupying an apartment as a residence shall receive that
 28 20 member's proportionate homestead tax credit and each veteran
 28 21 of the military services of the United States identified as
 28 22 such under the laws of the state of Iowa or the United States
 28 23 shall receive as a credit that member's veterans tax benefit
 28 24 as prescribed by the laws of the state of Iowa.
 28 25    Sec. 51.  Chapters 425A and 426, Code 2001 and Code
 28 26 Supplement 2001, are repealed.  Sections 435.33, 444.25B,
 28 27 444.26, and 444.27, Code 2001, are repealed.  Section 435.34,
 28 28 Code Supplement 2001, is repealed.  Sections 425.1 through
 28 29 425.15, Code 2001 and Code Supplement 2001, are repealed.
 28 30    Sec. 52.  EFFECTIVE AND APPLICABILITY DATES.
 28 31    1.  This Act takes effect January 1, 2003, and, except as
 28 32 provided in subsections 2 and 3, applies to assessment years
 28 33 beginning on or after that date.
 28 34    2.  The sections of this Act amending section 403.19 apply
 28 35 to taxes due and payable in the fiscal years beginning on or
 29  1 after July 1, 2003.
 29  2    3.  The sections of this Act repealing chapters 425A and
 29  3 426 and sections 425.1 through 425.15, apply to taxes due and
 29  4 payable in fiscal years beginning on or after July 1, 2004.  
 29  5                           EXPLANATION
 29  6    This bill makes several changes relating to property
 29  7 taxation.
 29  8    The bill provides that if a new state mandate is imposed on
 29  9 or after July 1, 2003, which requires the performance of a new
 29 10 activity or service or the expansion of a service beyond what
 29 11 was required before July 1, 2003, the state mandate must be
 29 12 fully funded.  If the state mandate is not fully funded, the
 29 13 affected political subdivisions are not required to comply or
 29 14 implement the state mandate.  Also, no fines or penalties may
 29 15 be imposed on a political subdivision for failure to comply or
 29 16 carry out an unfunded state mandate.
 29 17    The bill strikes Code section 25B.2, subsection 3, and
 29 18 rewrites it as a new section outside the intent section of
 29 19 Code chapter 25B.  The rewritten section removes a qualifying
 29 20 phrase which limits the circumstances under which a political
 29 21 subdivision may still be required to carry out an unfunded
 29 22 state mandate.  The rewritten section also strikes the
 29 23 exception for federal mandates and for mandates relating to
 29 24 public retirement systems.
 29 25    The bill limits the ending general fund and rural services
 29 26 fund balances of a county to 25 percent of actual expenditures
 29 27 from each fund in the previous fiscal year.  The limitation
 29 28 applies to fiscal years beginning on or after July 1, 2007.
 29 29    The bill provides that the revenues from school district
 29 30 property taxes imposed in an urban renewal area that is
 29 31 utilizing tax increment financing shall not be paid to the
 29 32 municipality implementing the urban renewal plan, but shall be
 29 33 paid to the school district imposing the taxes unless the
 29 34 school district revenue is needed to pay indebtedness for the
 29 35 urban renewal area incurred before July 1, 2003.  The
 30  1 municipality must have certified for the school revenue by
 30  2 July 1, 2003.  The amount certified is to be paid to the
 30  3 municipality by November 1 and May 1 following certification.
 30  4    The bill provides that any land in a forest reservation is
 30  5 exempt from school district levies only.  The bill requires
 30  6 the owner of land in a forest or fruit-tree reservation to
 30  7 annually certify that proper management techniques, such as
 30  8 pruning and planting, are being followed.
 30  9    The bill limits the pollution-control property tax
 30 10 exemption to $25,000 of value and a taxpayer may only apply
 30 11 for one exemption per county.
 30 12    The bill removes the square footage tax on mobile homes and
 30 13 manufactured homes and replaces it with the ad valorem tax
 30 14 imposed on other residences.
 30 15    The bill removes the property tax assessment limitations on
 30 16 residential, commercial, industrial, and agricultural property
 30 17 and requires that all such property be valued at its fair
 30 18 market value.  The bill provides a reduction from actual value
 30 19 of $25,000 per tract of agricultural property.  "Tract of
 30 20 agricultural property" is defined in the bill.  The bill also
 30 21 provides a reduction from actual value of $10,000 for
 30 22 residential property and $25,000 for commercial and industrial
 30 23 property.
 30 24    The bill makes conforming amendments to sections pertaining
 30 25 to valuation of property in an urban renewal area and
 30 26 valuation of property owned by telegraph and telephone
 30 27 companies, express companies, and electric cooperatives.
 30 28    The bill also provides that if the assessor is unable to
 30 29 establish fair market value of newly constructed residential
 30 30 property because of a lack of comparable sales, the assessor
 30 31 shall use the replacement cost method to value the property.
 30 32    The bill provides that, beginning with the fiscal year
 30 33 beginning in 2004, a city or a county cannot levy property tax
 30 34 in excess of 1.5 percent of the actual value of residential
 30 35 and agricultural property and 4 percent of commercial or
 31  1 industrial property.  The 4 percent is lowered by one-fourth
 31  2 of 1 percent for successive years until it reaches 3 percent.
 31  3 The bill also provides that an individual taxpayer's property
 31  4 tax bill cannot increase by more than the consumer price index
 31  5 for the preceding 12 months.
 31  6    The bill lowers the amount of interest that can be charged
 31  7 against delinquent property taxes.  The interest rate is
 31  8 changed from one and one-half percent to three-fourths of 1
 31  9 percent before tax sale.  The interest rate is changed from 2
 31 10 percent to 1 percent after the delinquent taxes are sold at
 31 11 tax sale.
 31 12    The bill repeals the homestead property tax credit, the
 31 13 family farm property tax credit, and the agricultural land
 31 14 property tax credit.  The bill makes conforming amendments
 31 15 pertaining to these repeals.
 31 16    The bill takes effect January 1, 2003, and applies to
 31 17 assessment years beginning on or after January 1, 2003.
 31 18    The section of the bill amending Code section 403.19 on tax
 31 19 increment financing applies to taxes due and payable in fiscal
 31 20 years beginning on or after July 1, 2003.  The sections of the
 31 21 bill repealing the homestead tax credit, the family farm tax
 31 22 credit, and the agricultural land tax credit apply to taxes
 31 23 due and payable in fiscal years beginning on or after July 1,
 31 24 2004.  
 31 25 LSB 5408XS 79
 31 26 sc/cf/24.3
     

Text: SF02122                           Text: SF02124
Text: SF02100 - SF02199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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