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Senate File 2097

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, a city, or a county,
  1 10 its budget shall be certified not later than April 15 of the
  1 11 thirtieth day after adjournment of the regular session of the
  1 12 general assembly each year.
  1 13    Sec. 2.  Section 24.27, Code 2003, is amended to read as
  1 14 follows:
  1 15    24.27  PROTEST TO BUDGET.
  1 16    Not later than March 25 or April 25 ten days after
  1 17 certification of the budget if the municipality is a school
  1 18 district, a number of persons in any municipality equal to
  1 19 one-fourth of one percent of those voting for the office of
  1 20 governor, at the last general election in the municipality,
  1 21 but the number shall not be less than ten, and the number need
  1 22 not be more than one hundred persons, who are affected by any
  1 23 proposed budget, expenditure, or tax levy, or by any item
  1 24 thereof, may appeal from any decision of the certifying board
  1 25 or the levying board by filing with the county auditor of the
  1 26 county in which the municipal corporation is located, a
  1 27 written protest setting forth their objections to the budget,
  1 28 expenditure, or tax levy, or to one or more items thereof, and
  1 29 the grounds for their objections.  If a budget is certified
  1 30 after March 15 or April 15 after the thirtieth day after
  1 31 adjournment of the regular session of the general assembly in
  1 32 the case of a school district, all appeal time limits shall be
  1 33 extended to correspond to allowances for a timely filing.
  1 34 Upon the filing of a protest, the county auditor shall
  1 35 immediately prepare a true and complete copy of the written
  2  1 protest, together with the budget, proposed tax levy, or
  2  2 expenditure to which objections are made, and shall transmit
  2  3 them forthwith to the state board, and shall also send a copy
  2  4 of the protest to the certifying board or to the levying
  2  5 board, as the case may be.
  2  6    Sec. 3.  Section 24.32, Code 2003, is amended to read as
  2  7 follows:
  2  8    24.32  DECISION CERTIFIED.
  2  9    After a hearing upon the appeal, the state board shall
  2 10 certify its decision to the county auditor and to the parties
  2 11 to the appeal as provided by rule, and the decision shall be
  2 12 final.  The county auditor shall make up the records in
  2 13 accordance with the decision and the levying board shall make
  2 14 its levy in accordance with the decision.  Upon receipt of the
  2 15 decision, the certifying board shall correct its records
  2 16 accordingly, if necessary.  Final disposition of all appeals
  2 17 shall be made by the state board on or before April 30 of each
  2 18 year or thirty-five days after the deadline for filing appeals
  2 19 in the case of a school district, a city, or a county.
  2 20    Sec. 4.  Section 24.48, unnumbered paragraphs 4 and 5, Code
  2 21 2003, are amended to read as follows:
  2 22    The city finance committee shall have officially notified
  2 23 any city of its approval, modification, or rejection of the
  2 24 city's appeal of the decision of the director of the
  2 25 department of management regarding a city's request for a
  2 26 suspension of the statutory property tax levy limitation prior
  2 27 to thirty-five days before March 15 the budget certification
  2 28 deadline for that year.
  2 29    The state appeals board shall have officially notified any
  2 30 county of its approval, modification, or rejection of the
  2 31 county's request for a suspension of the statutory property
  2 32 tax levy limitation prior to thirty-five days before March 15
  2 33 the budget certification deadline for that year.
  2 34    Sec. 5.  Section 76.2, unnumbered paragraph 2, Code 2003,
  2 35 is amended to read as follows:
  3  1    If the resolution is filed prior to April 1 or May 1 the
  3  2 sixteenth day following the budget certification deadline, if
  3  3 the political subdivision is a school district, a city, or a
  3  4 county, the annual levy shall begin with the tax levy for
  3  5 collection commencing July 1 of that year.  If the resolution
  3  6 is filed after April 1 or May 1 the sixteenth day following
  3  7 the budget certification deadline, in the case of a school
  3  8 district, a city, or a county, the annual levy shall begin
  3  9 with the tax levy for collection in the next succeeding fiscal
  3 10 year.  However, the governing authority of a political
  3 11 subdivision may adjust a levy of taxes made under this section
  3 12 for the purpose of adjusting the annual levies and collections
  3 13 for property severed from the political subdivision, subject
  3 14 to the approval of the director of the department of
  3 15 management.
  3 16    Sec. 6.  Section 331.422, unnumbered paragraph 1, Code
  3 17 2003, is amended to read as follows:
  3 18    Subject to this section and sections 331.423 through
  3 19 331.426 or as otherwise provided by state law, the board of
  3 20 each county shall certify property taxes annually at its March
  3 21 session falling in the month of the budget certification
  3 22 deadline to be levied for county purposes as follows:
  3 23    Sec. 7.  Section 331.434, subsection 7, Code 2003, is
  3 24 amended to read as follows:
  3 25    7.  Taxes levied by a county whose budget is certified
  3 26 after March 15 the budget certification deadline shall be
  3 27 limited to the prior year's budget amount.  However, this
  3 28 penalty may be waived by the director of the department of
  3 29 management if the county demonstrates that the March 15 budget
  3 30 certification deadline was missed because of circumstances
  3 31 beyond the control of the county.  If the budget is certified
  3 32 after the deadline, all appeal time limits shall be extended
  3 33 to correspond to allowances for a timely filing.
  3 34    Sec. 8.  Section 331.436, Code Supplement 2003, is amended
  3 35 to read as follows:
  4  1    331.436  PROTEST.
  4  2    Protests to the adopted budget must be made in accordance
  4  3 with sections 24.27 through 24.32 as if the county were the
  4  4 municipality under those sections except that the protest must
  4  5 be filed no later than ten days after certification of the
  4  6 budget and the number of people necessary to file a protest
  4  7 under this section shall not be less than one hundred.
  4  8    Sec. 9.  Section 384.2, unnumbered paragraph 1, Code 2003,
  4  9 is amended to read as follows:
  4 10    Except as otherwise provided for special charter cities, a
  4 11 city's fiscal year shall be as provided in section 24.2,
  4 12 subsection 3.  All city property taxes must be certified by a
  4 13 city to the county auditor on or before the fifteenth day of
  4 14 March of the thirtieth day after adjournment of the regular
  4 15 session of the general assembly each year, unless otherwise
  4 16 provided by state law.  However, municipal utilities, if not
  4 17 supported by taxation or the proceeds of outstanding
  4 18 indebtedness payable from taxes may, with the council's
  4 19 consent, choose to operate on a fiscal year which is the
  4 20 calendar year.  The receipt by the utility of payments from
  4 21 other governmental funds for public fire protection, street
  4 22 lighting, or other public use of the utility's services shall
  4 23 not be deemed support by taxation.  After notice and hearing
  4 24 in the same manner as required for the city's regular budget
  4 25 under section 384.16, the utility budget must be approved by
  4 26 resolution of the council not later than twenty days prior to
  4 27 the beginning of the calendar year for which the budget
  4 28 applies.
  4 29    Sec. 10.  Section 384.16, subsection 6, Code 2003, is
  4 30 amended to read as follows:
  4 31    6.  Taxes levied by a city whose budget is certified after
  4 32 March 15 the budget certification deadline shall be limited to
  4 33 the prior year's budget amount.  However, this penalty may be
  4 34 waived by the director of the department of management if the
  4 35 city demonstrates that the March 15 budget certification
  5  1 deadline was missed because of circumstances beyond the
  5  2 control of the city.
  5  3    Sec. 11.  EFFECTIVE AND APPLICABILITY DATES.  This Act,
  5  4 being deemed of immediate importance, takes effect upon
  5  5 enactment and applies to school district, city, and county
  5  6 budgets certified for fiscal years beginning on or after July
  5  7 1, 2004.  
  5  8                           EXPLANATION
  5  9    This bill moves the budget certification deadline for
  5 10 school districts, cities, and counties to the thirtieth day
  5 11 after adjournment of the regular session of the general
  5 12 assembly each year.
  5 13    The bill takes effect upon enactment and applies to budgets
  5 14 certified for fiscal years beginning on or after July 1, 2004.  
  5 15 LSB 5850SS 80
  5 16 sc/pj/5
     

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