Text: SSB01055                          Text: SSB01057
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Senate Study Bill 1056

Bill Text

PAG LIN
  1  1    Section 1.  Section 403.20, Code 2001, is amended to read
  1  2 as follows:
  1  3    403.20  PERCENTAGE OF ADJUSTMENT CONSIDERED IN VALUE
  1  4 ASSESSMENT.
  1  5    In determining the assessed value of property within an
  1  6 urban renewal area which is subject to a division of tax
  1  7 revenues pursuant to section 403.19, the difference between
  1  8 the actual value of the property as determined by the assessor
  1  9 each year and the percentage of adjustment certified for that
  1 10 year by the director of revenue and finance on or before
  1 11 November 1 reductions applied to the property pursuant to
  1 12 section 441.21, subsection 9 4, 5, 5A, or 5B, multiplied by
  1 13 the actual value of the property as determined by the
  1 14 assessor, shall be subtracted from the actual value of the
  1 15 property as determined pursuant to section 403.19, subsection
  1 16 1.  If the assessed value of the property as determined
  1 17 pursuant to section 403.19, subsection 1, is reduced to zero,
  1 18 the additional valuation reduction shall be subtracted from
  1 19 the actual value of the property as determined by the
  1 20 assessor.
  1 21    Sec. 2.  Section 433.6, Code 2001, is amended to read as
  1 22 follows:
  1 23    433.6  TAXABLE VALUE.
  1 24    The taxable value shall be determined by taking the
  1 25 percentage of the actual value so ascertained, reduced as
  1 26 provided by section 441.21, and the ratio between the actual
  1 27 value and the assessed or taxable value of the property of
  1 28 each of said companies shall be the same as in the case of
  1 29 property of private individuals.
  1 30    Sec. 3.  Section 436.8, Code 2001, is amended to read as
  1 31 follows:
  1 32    436.8  ACTUAL VALUE PER MILE – TAXABLE VALUE.
  1 33    The director of revenue and finance shall thereupon
  1 34 ascertain the value per mile of the property within the state,
  1 35 by dividing the total value as above ascertained, after
  2  1 deducting the specific properties locally assessed within the
  2  2 state, by the number of miles within the state, and the result
  2  3 shall be deemed and held to be the actual value per mile of
  2  4 the property of such company within the state.  The assessed
  2  5 or taxable value shall be determined by taking that percentage
  2  6 of the actual value so ascertained, reduced as is provided by
  2  7 section 441.21, and such valuation and assessment shall be in
  2  8 the same ratio as that of the property of individuals.
  2  9    Sec. 4.  Section 437.7, Code 2001, is amended to read as
  2 10 follows:
  2 11    437.7  TAXABLE VALUE.
  2 12    The taxable value of such line or lines of which the
  2 13 director of revenue and finance by this chapter is required to
  2 14 find the value, shall be determined by taking the percentage
  2 15 of the actual reduction in value so ascertained, as provided
  2 16 by section 441.21, and the ratio between the actual value and
  2 17 the assessed or taxable value of the transmission line or
  2 18 lines of each of said companies located outside of cities
  2 19 shall be the same as in the case of the property of private
  2 20 individuals.
  2 21    Sec. 5.  Section 441.21, subsection 1, paragraphs e and f,
  2 22 Code 2001, are amended by striking the paragraphs.
  2 23    Sec. 6.  Section 441.21, subsection 1, paragraph g, Code
  2 24 2001, is amended to read as follows:
  2 25    g.  Notwithstanding any other provision of this section,
  2 26 the actual value of any property shall not exceed its fair and
  2 27 reasonable market value, except agricultural property which
  2 28 shall be valued exclusively as provided in paragraph "e" of
  2 29 this subsection.
  2 30    Sec. 7.  Section 441.21, subsection 2, Code 2001, is
  2 31 amended to read as follows:
  2 32    2.  In the event market value of the property being
  2 33 assessed cannot be readily established in the foregoing
  2 34 manner, then the assessor may determine the value of the
  2 35 property using the other uniform and recognized appraisal
  3  1 methods including its productive and earning capacity, if any,
  3  2 industrial conditions, its cost, physical and functional
  3  3 depreciation and obsolescence and replacement cost, and all
  3  4 other factors which would assist in determining the fair and
  3  5 reasonable market value of the property but the actual value
  3  6 shall not be determined by use of only one such factor.  The
  3  7 following shall not be taken into consideration:  Special
  3  8 value or use value of the property to its present owner, and
  3  9 the good will or value of a business which uses the property
  3 10 as distinguished from the value of the property as property.
  3 11 Upon adoption of uniform rules by the revenue department or
  3 12 succeeding authority covering assessments and valuations of
  3 13 such properties, said valuation on such properties shall be
  3 14 determined in accordance therewith with such uniform rules for
  3 15 assessment purposes to assure uniformity, but such rules shall
  3 16 not be inconsistent with or change the foregoing means of
  3 17 determining the actual, market, taxable, and assessed values.
  3 18    In the event market value of newly constructed residential
  3 19 property being assessed cannot be readily established because
  3 20 of insufficient comparable sales, the assessor shall use the
  3 21 replacement cost method to value the property.
  3 22    Sec. 8.  Section 441.21, subsection 4, Code 2001, is
  3 23 amended by striking the subsection and inserting in lieu
  3 24 thereof the following:
  3 25    4.  For the assessment year beginning January 1, 2002,
  3 26 valuations established for residential property shall be
  3 27 assessed at seventy percent of actual value.  That amount
  3 28 shall be reduced by twenty-five thousand dollars on each
  3 29 parcel of residential property assessed for taxation.
  3 30    For the assessment year beginning January 1, 2003,
  3 31 valuations established for residential property shall be
  3 32 assessed at eighty-five percent of actual value.  That amount
  3 33 shall be reduced by twenty-five thousand dollars on each
  3 34 parcel of residential property assessed for taxation.
  3 35    For valuations established as of January 1, 2004, and each
  4  1 year thereafter, the actual value at which residential
  4  2 property is assessed shall be reduced by twenty-five thousand
  4  3 dollars on each parcel of residential property assessed for
  4  4 taxation.
  4  5    Sec. 9.  Section 441.21, subsection 5, Code 2001, is
  4  6 amended to read as follows:
  4  7    5.  For valuations established as of January 1, 1979,
  4  8 commercial property and industrial property, excluding
  4  9 properties referred to in section 427A.1, subsection 6, shall
  4 10 be assessed as a percentage of the actual value of each class
  4 11 of property.  The percentage shall be determined for each
  4 12 class of property by the director of revenue for the state in
  4 13 accordance with the provisions of this section.  For
  4 14 valuations established as of January 1, 1979, the percentage
  4 15 shall be the quotient of the dividend and divisor as defined
  4 16 in this section.  The dividend for each class of property
  4 17 shall be the total actual valuation for each class of property
  4 18 established for 1978, plus six percent of the amount so
  4 19 determined.  The divisor for each class of property shall be
  4 20 the valuation for each class of property established for 1978,
  4 21 as reported by the assessors on the abstracts of assessment
  4 22 for 1978, plus the amount of value added to the total actual
  4 23 value by the revaluation of existing properties in 1979 as
  4 24 equalized by the director of revenue pursuant to section
  4 25 441.49.  For valuations established as of January 1, 1979,
  4 26 property valued by the department of revenue pursuant to
  4 27 chapters 428, 433, 436, 437, and 438 shall be considered as
  4 28 one class of property and shall be assessed as a percentage of
  4 29 its actual value.  The percentage shall be determined by the
  4 30 director of revenue in accordance with the provisions of this
  4 31 section.  For valuations established as of January 1, 1979,
  4 32 the percentage shall be the quotient of the dividend and
  4 33 divisor as defined in this section.  The dividend shall be the
  4 34 total actual valuation established for 1978 by the department
  4 35 of revenue, plus ten percent of the amount so determined.  The
  5  1 divisor for property valued by the department of revenue
  5  2 pursuant to chapters 428, 433, 436, 437, and 438 shall be the
  5  3 valuation established for 1978, plus the amount of value added
  5  4 to the total actual value by the revaluation of the property
  5  5 by the department of revenue as of January 1, 1979.  For
  5  6 valuations established as of January 1, 1980, commercial
  5  7 property and industrial property, excluding properties
  5  8 referred to in section 427A.1, subsection 6, shall be assessed
  5  9 at a percentage of the actual value of each class of property.
  5 10 The percentage shall be determined for each class of property
  5 11 by the director of revenue for the state in accordance with
  5 12 the provisions of this section.  For valuations established as
  5 13 of January 1, 1980, the percentage shall be the quotient of
  5 14 the dividend and divisor as defined in this section.  The
  5 15 dividend for each class of property shall be the dividend as
  5 16 determined for each class of property for valuations
  5 17 established as of January 1, 1979, adjusted by the product
  5 18 obtained by multiplying the percentage determined for that
  5 19 year by the amount of any additions or deletions to actual
  5 20 value, excluding those resulting from the revaluation of
  5 21 existing properties, as reported by the assessors on the
  5 22 abstracts of assessment for 1979, plus four percent of the
  5 23 amount so determined.  The divisor for each class of property
  5 24 shall be the total actual value of all such property in 1979,
  5 25 as equalized by the director of revenue pursuant to section
  5 26 441.49, plus the amount of value added to the total actual
  5 27 value by the revaluation of existing properties in 1980.  The
  5 28 director shall utilize information reported on the abstracts
  5 29 of assessment submitted pursuant to section 441.45 in
  5 30 determining such percentage.  For valuations established as of
  5 31 January 1, 1980, property valued by the department of revenue
  5 32 pursuant to chapters 428, 433, 436, 437, and 438 shall be
  5 33 assessed at a percentage of its actual value.  The percentage
  5 34 shall be determined by the director of revenue in accordance
  5 35 with the provisions of this section.  For valuations
  6  1 established as of January 1, 1980, the percentage shall be the
  6  2 quotient of the dividend and divisor as defined in this
  6  3 section.  The dividend shall be the total actual valuation
  6  4 established for 1979 by the department of revenue, plus eight
  6  5 percent of the amount so determined.  The divisor for property
  6  6 valued by the department of revenue pursuant to chapters 428,
  6  7 433, 436, 437, and 438 shall be the valuation established for
  6  8 1979, plus the amount of value added to the total actual value
  6  9 by the revaluation of the property by the department of
  6 10 revenue as of January 1, 1980.  For valuations established as
  6 11 of January 1, 1981, and each year thereafter, the percentage
  6 12 of actual value as equalized by the director of revenue and
  6 13 finance as provided in section 441.49 at which commercial
  6 14 property and industrial property, excluding properties
  6 15 referred to in section 427A.1, subsection 6, shall be assessed
  6 16 shall be calculated in accordance with the methods provided
  6 17 herein, except that any references to six percent in this
  6 18 subsection shall be four percent in this section.  For
  6 19 valuations established as of January 1, 1981, and each year
  6 20 thereafter, the percentage of actual value at which property
  6 21 valued by the department of revenue and finance pursuant to
  6 22 chapters 428, 433, 436, 437, and 438 shall be assessed shall
  6 23 be calculated in accordance with the methods provided herein
  6 24 in this section, except that any references to ten percent in
  6 25 this subsection shall be eight percent.  Beginning with
  6 26 valuations established as of January 1, 1979, and each year
  6 27 thereafter, property valued by the department of revenue and
  6 28 finance pursuant to chapter 434 shall also be assessed at a
  6 29 percentage of its actual value which percentage shall be equal
  6 30 to the percentage determined by the director of revenue and
  6 31 finance for commercial property, industrial property, or
  6 32 property valued by the department of revenue and finance
  6 33 pursuant to chapters 428, 433, 436, 437, and 438, whichever is
  6 34 lowest.
  6 35    Sec. 10.  Section 441.21, Code 2001, is amended by adding
  7  1 the following new subsection:
  7  2    NEW SUBSECTION.  5A.  For valuations established as of
  7  3 January 1, 2002, and each year thereafter, the actual value at
  7  4 which commercial property is assessed shall be reduced by one
  7  5 hundred thousand dollars per parcel of commercial property.
  7  6    Sec. 11.  Section 441.21, Code 2001, is amended by adding
  7  7 the following new subsection:
  7  8    NEW SUBSECTION.  5B.  For valuations established as of
  7  9 January 1, 2002, the actual value at which agricultural
  7 10 property is assessed shall be reduced by one thousand one
  7 11 hundred fifty dollars per acre of agricultural property up to
  7 12 one hundred thousand dollars per agricultural taxpayer in the
  7 13 county, and for valuations established as of January 1, 2003,
  7 14 the actual value as which agricultural property is assessed
  7 15 shall be reduced by nine hundred fifty dollars per acre of
  7 16 agricultural property up to one hundred thousand dollars per
  7 17 agricultural taxpayer in the county.  For valuations
  7 18 established as of January 1, 2004, and each year thereafter,
  7 19 the actual value at which agricultural property is assessed
  7 20 shall be reduced by seven hundred fifty dollars per acre of
  7 21 agricultural property up to one hundred thousand dollars per
  7 22 agricultural taxpayer in the county.  However, in no case
  7 23 shall the reduction provided for in this subsection cause the
  7 24 taxable value of agricultural property to fall below two
  7 25 hundred fifty dollars per acre.
  7 26    Sec. 12.  Section 443.2, unnumbered paragraph 2, Code 2001,
  7 27 is amended to read as follows:
  7 28    The county auditor shall list the aggregate actual value
  7 29 and the aggregate taxable value of all taxable property within
  7 30 the county and each political subdivision on the tax list in
  7 31 order that the actual value of the taxable property within the
  7 32 county or a political subdivision may be ascertained and shown
  7 33 by the tax list for the purpose of computing the debt-
  7 34 incurring capacity of the county or political subdivision.  As
  7 35 used in this section, "actual value" is the value determined
  8  1 under section 441.21, subsections 1 to 3, prior to the
  8  2 reduction to a percentage of in actual value as otherwise
  8  3 provided in section 441.21.
  8  4    Sec. 13.  APPLICABILITY DATE.  This Act applies to
  8  5 assessment years beginning on or after January 1, 2002.  
  8  6                           EXPLANATION
  8  7    This bill removes the property tax assessment limitations
  8  8 on residential, commercial, industrial, and agricultural
  8  9 property and the agricultural property productivity formula
  8 10 and requires that all such property be valued at its fair
  8 11 market value with some modifications.  The bill provides a
  8 12 reduction from actual value per acre of agricultural property
  8 13 up to $100,000 per taxpayer but with a guaranteed assessment
  8 14 of $250 per acre.  For the assessment year beginning January
  8 15 1, 2002, the acreage reduction is $1,150, and for the
  8 16 assessment year beginning January 1, 2003, the acreage
  8 17 reduction is $950.  For the assessment year beginning January
  8 18 1, 2004, and subsequent years, the acreage reduction is $750.
  8 19 The bill also provides a reduction from actual value of
  8 20 $25,000 for residential property and of $100,000 for
  8 21 commercial property.  For the assessment year beginning
  8 22 January 1, 2002, residential property shall be assessed at 70
  8 23 percent of actual value and for the assessment year beginning
  8 24 January 1, 2003, residential property shall be assessed at 85
  8 25 percent of actual value.  For assessment years beginning on or
  8 26 after January 1, 2004, residential property will be assessed
  8 27 at 100 percent of actual value.
  8 28    The bill makes conforming amendments to sections pertaining
  8 29 to valuation of property in an urban renewal area and
  8 30 valuation of property owned by telegraph and telephone
  8 31 companies, express companies, and electric cooperatives.
  8 32    The bill also provides that if the assessor is unable to
  8 33 establish fair market value of newly constructed residential
  8 34 property because of a lack of comparable sales, the assessor
  8 35 shall use the replacement cost method to value the property.
  9  1    The bill applies to assessment years beginning on or after
  9  2 January 1, 2002.  
  9  3 LSB 1417XC 79
  9  4 sc/cls/14
     

Text: SSB01055                          Text: SSB01057
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Bills and Amendments: General Index     Bill History: General Index

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