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Senate File 2028

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 24.17, unnumbered paragraph 1, Code
  1  2 2003, 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 county, its budget
  1 10 shall be certified not later than April 15 of each year.
  1 11    Sec. 2.  Section 24.27, Code 2003, 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, a number of persons in any municipality
  1 16 equal to one-fourth of one percent of those voting for the
  1 17 office of governor, at the last general election in the
  1 18 municipality, but the number shall not be less than ten, and
  1 19 the number need not be more than one hundred persons, who are
  1 20 affected by any proposed budget, expenditure, or tax levy, or
  1 21 by any item thereof, may appeal from any decision of the
  1 22 certifying board or the levying board by filing with the
  1 23 county auditor of the county in which the municipal
  1 24 corporation is located, a written protest setting forth their
  1 25 objections to the budget, expenditure, or tax levy, or to one
  1 26 or more items thereof, and the grounds for their objections.
  1 27 If a budget is certified after March 15 or April 15 in the
  1 28 case of a school district or a county, all appeal time limits
  1 29 shall be extended to correspond to allowances for a timely
  1 30 filing.  Upon the filing of a protest, the county auditor
  1 31 shall immediately prepare a true and complete copy of the
  1 32 written protest, together with the budget, proposed tax levy,
  1 33 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 2003, 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 30 in the case of a county.
  2 15    Sec. 4.  Section 24.48, unnumbered paragraph 5, Code 2003,
  2 16 is amended to read as follows:
  2 17    The state appeals board shall have officially notified any
  2 18 county of its approval, modification, or rejection of the
  2 19 county's request for a suspension of the statutory property
  2 20 tax levy limitation prior to thirty-five days before March
  2 21 April 15.
  2 22    Sec. 5.  Section 76.2, unnumbered paragraph 2, Code 2003,
  2 23 is amended to read as follows:
  2 24    If the resolution is filed prior to April 1 or May 1, if
  2 25 the political subdivision is a school district or a county,
  2 26 the annual levy shall begin with the tax levy for collection
  2 27 commencing July 1 of that year.  If the resolution is filed
  2 28 after April 1 or May 1, in the case of a school district or a
  2 29 county, the annual levy shall begin with the tax levy for
  2 30 collection in the next succeeding fiscal year.  However, the
  2 31 governing authority of a political subdivision may adjust a
  2 32 levy of taxes made under this section for the purpose of
  2 33 adjusting the annual levies and collections for property
  2 34 severed from the political subdivision, subject to the
  2 35 approval of the director of the department of management.
  3  1    Sec. 6.  Section 331.422, unnumbered paragraph 1, Code
  3  2 2003, is amended to read as follows:
  3  3    Subject to this section and sections 331.423 through
  3  4 331.426 or as otherwise provided by state law, the board of
  3  5 each county shall certify property taxes annually at its March
  3  6 April session to be levied for county purposes as follows:
  3  7    Sec. 7.  Section 331.434, subsection 7, Code 2003, is
  3  8 amended to read as follows:
  3  9    7.  Taxes levied by a county whose budget is certified
  3 10 after March April 15 shall be limited to the prior year's
  3 11 budget amount.  However, this penalty may be waived by the
  3 12 director of the department of management if the county
  3 13 demonstrates that the March April 15 deadline was missed
  3 14 because of circumstances beyond the control of the county.
  3 15    Sec. 8.  Section 331.436, Code Supplement 2003, is amended
  3 16 to read as follows:
  3 17    331.436  PROTEST.
  3 18    Protests to the adopted budget must be made in accordance
  3 19 with sections 24.27 through 24.32 as if the county were the
  3 20 municipality under those sections except that the protest must
  3 21 be filed no later than April 25 and the number of people
  3 22 necessary to file a protest under this section shall not be
  3 23 less than one hundred.
  3 24    Sec. 9.  APPLICABILITY DATE.  This Act applies to county
  3 25 budgets certified for fiscal years beginning on or after July
  3 26 1, 2005.  
  3 27                           EXPLANATION
  3 28    This bill moves the budget certification deadline for
  3 29 counties from March 15 to April 15.
  3 30    The bill applies to budgets certified for fiscal years
  3 31 beginning on or after July 1, 2005.  
  3 32 LSB 5511XS 80
  3 33 sc/sh/8
     

Text: SF02027                           Text: SF02029
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Bills and Amendments: General Index     Bill History: General Index

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