Senate Amendment 3281


PAG LIN




     1  1    Amend Senate File 416 as follows:
     1  2 #1.  Page 1, by striking lines 1 through 13, and
     1  3 inserting the following:
     1  4                       <DIVISION I
     1  5         EDUCATION FUNDING AND PROPERTY TAXATION
     1  6    Section 1.  Section 257.1, subsection 2, unnumbered
     1  7 paragraph 2, Code 2005, is amended to read as follows:
     1  8    For the budget year commencing July 1, 1999 2005,
     1  9 and for each succeeding budget year, the regular
     1 10 program foundation base per pupil is eighty=seven and
     1 11 five=tenths one hundred percent of the regular program
     1 12 state cost per pupil.  For the budget year commencing
     1 13 July 1, 1991 2005, and for each succeeding budget
     1 14 year, the special education support services
     1 15 foundation base is seventy=nine one hundred percent of
     1 16 the special education support services state cost per
     1 17 pupil.  The combined foundation base is the sum of the
     1 18 regular program foundation base and the special
     1 19 education support services foundation base.
     1 20    Sec.    .  Section 257.3, subsection 1, unnumbered
     1 21 paragraph 1, Code 2005, is amended to read as follows:
     1 22    Except as provided in subsections 1A, 2, and 3, a
     1 23 school district shall cause to be levied each year,
     1 24 for the school general fund, a foundation property tax
     1 25 equal to five eight dollars and forty eighty=six cents
     1 26 per thousand dollars of assessed valuation on all
     1 27 taxable property in the district.  The county auditor
     1 28 shall spread the foundation levy over all taxable
     1 29 property in the district.
     1 30    Sec.    .  Section 257.3, Code 2005, is amended by
     1 31 adding the following new subsection:
     1 32    NEW SUBSECTION.  1A.  For the school budget year
     1 33 beginning July 1, 2005, and succeeding budget years,
     1 34 there shall be a credit on all taxable property of ten
     1 35 cents per thousand dollars of assessed valuation
     1 36 applicable against the foundation property tax levy
     1 37 rate specified in subsection 1 or 2, as applicable.
     1 38    Sec.    .  Section 257.3, subsection 2, paragraphs
     1 39 a and b, Code 2005, are amended to read as follows:
     1 40    a.  Notwithstanding subsection 1, a reorganized
     1 41 school district shall cause a foundation property tax
     1 42 of four seven dollars and forty eighty=six cents per
     1 43 thousand dollars of assessed valuation to be levied on
     1 44 all taxable property which, in the year preceding a
     1 45 reorganization, was within a school district affected
     1 46 by the reorganization as defined in section 275.1, or
     1 47 in the year preceding a dissolution was a part of a
     1 48 school district that dissolved if the dissolution
     1 49 proposal has been approved by the director of the
     1 50 department of education pursuant to section 275.55.
     2  1    b.  In succeeding school years, the foundation
     2  2 property tax levy on that portion shall be increased
     2  3 to the rate of four eight dollars and ninety thirty=
     2  4 six cents per thousand dollars of assessed valuation
     2  5 the first succeeding year, five eight dollars and
     2  6 fifteen sixty=one cents per thousand dollars of
     2  7 assessed valuation the second succeeding year, and
     2  8 five eight dollars and forty eighty=six cents per
     2  9 thousand dollars of assessed valuation the third
     2 10 succeeding year and each year thereafter.
     2 11    Sec.    .  Section 257.16, subsection 1, Code 2005,
     2 12 is amended to read as follows:
     2 13    1.  There is appropriated each year from the
     2 14 general fund of the state an amount necessary to pay
     2 15 the foundation aid, supplementary aid pursuant to
     2 16 subsection 5 of this section, and supplementary aid
     2 17 under section 257.4, subsection 2.
     2 18    Sec.    .  Section 257.16, Code 2005, is amended by
     2 19 adding the following new subsection:
     2 20    NEW SUBSECTION.  5.  a.  For the school budget year
     2 21 beginning July 1, 2005, the department of management
     2 22 shall calculate for each district the difference
     2 23 between the sum of the revenues generated by the
     2 24 foundation property tax and the additional property
     2 25 tax in the district calculated at the rates applicable
     2 26 for the budget year beginning July 1, 2005, and the
     2 27 revenues that would have been generated by the
     2 28 foundation property tax and the additional property
     2 29 tax in that district at the rates applicable for the
     2 30 budget year beginning July 1, 2004.  If the property
     2 31 tax revenues for a district calculated at the rates
     2 32 applicable for the budget year beginning July 1, 2005,
     2 33 exceed the property tax revenues for that district
     2 34 which would have been generated calculated at the
     2 35 rates applicable for the budget year beginning July 1,
     2 36 2004, the department of management shall reduce the
     2 37 revenues raised by the foundation property tax and the
     2 38 additional property tax levy in that district by that
     2 39 difference and the department of education shall pay
     2 40 property tax adjustment aid to the district equal to
     2 41 that difference from moneys appropriated for property
     2 42 tax adjustment aid.
     2 43    b.  For the budget year beginning July 1, 2006, and
     2 44 succeeding budget years, the department of education
     2 45 shall pay property tax adjustment aid to a school
     2 46 district equal to the amount paid to the district for
     2 47 the base year.  The department of management shall
     2 48 adjust the rate of the foundation property tax and the
     2 49 additional property tax accordingly and notify the
     2 50 department of education of the amount of aid to be
     3  1 paid to each district from moneys appropriated for
     3  2 property tax adjustment aid.
     3  3    c.  There is appropriated from the general fund of
     3  4 the state to the department of education, for each
     3  5 fiscal year, an amount necessary to pay property tax
     3  6 adjustment aid to school districts under this section.
     3  7 Property tax adjustment aid shall be paid to school
     3  8 districts in the manner provided in this section.
     3  9    d.  For purposes of this subsection, "the rates
     3 10 applicable" means the rates specified in section
     3 11 257.3, subsection 1 or 2, and section 257.4.>
     3 12 #2.  By striking page 1, line 14 through page 5,
     3 13 line 1 and inserting the following:
     3 14    <Sec.    .  NEW SECTION.  260C.26  WORKFORCE
     3 15 TRAINING, ECONOMIC DEVELOPMENT, AND TUITION
     3 16 REPLACEMENT == APPROPRIATION == SUPPLEMENTAL FUND
     3 17 ESTABLISHED.
     3 18    1.  A workforce training, economic development, and
     3 19 tuition replacement supplemental fund is created for
     3 20 each community college.  Moneys shall be deposited and
     3 21 expended from the fund as provided under this section.
     3 22    2.  For the fiscal year beginning July 1, 2006, and
     3 23 succeeding fiscal years, there is appropriated
     3 24 annually from the general fund of the state to the
     3 25 department of education ten million dollars, or so
     3 26 much thereof as is necessary, for the purposes
     3 27 specified in subsection 3.  The department shall
     3 28 allocate the moneys appropriated by this section to
     3 29 the community college workforce training, economic
     3 30 development, and tuition replacement supplemental
     3 31 funds utilizing the same distribution formula used for
     3 32 the allocation of state general aid to the community
     3 33 colleges.  For the fiscal year beginning July 1, 2007,
     3 34 and succeeding fiscal years, the amount appropriated
     3 35 by this section shall annually increase in an amount
     3 36 equal to the state percent of growth applicable for
     3 37 the fiscal year multiplied by the amount appropriated
     3 38 by this section for the previous fiscal year.
     3 39    3.  Moneys deposited in the fund are at the>.
     3 40 #3.  Page 7, by striking lines 1 through 9.
     3 41 #4.  Page 7, by inserting before line 10 the
     3 42 following:
     3 43    <Sec.    .  Section 384.4, Code 2005, is amended by
     3 44 adding the following new subsection:
     3 45    NEW SUBSECTION.  5.  Principal and interest on
     3 46 obligations issued prior to July 1, 2005, for urban
     3 47 renewal project activities under chapter 403, but only
     3 48 to the extent necessary to make up any shortfall in
     3 49 the revenues allocated to the special fund of the city
     3 50 pursuant to section 403.19, subsection 2, which
     4  1 results from the increase in the regular program
     4  2 foundation base pursuant to section 257.1, subsection
     4  3 2, as amended by this Act.  Notwithstanding section
     4  4 384.18, a municipality may, before June 1, 2005, amend
     4  5 its budget to provide for certification of the portion
     4  6 of the debt service levy allowed under this
     4  7 subsection.  This subsection is repealed effective
     4  8 January 1, 2025.
     4  9    Sec.    .  Section 425A.3, subsection 1, Code 2005,
     4 10 is amended to read as follows:
     4 11    1.  The family farm tax credit fund shall be
     4 12 apportioned each year in the manner provided in this
     4 13 chapter so as to give a credit against the tax on each
     4 14 eligible tract of agricultural land within the several
     4 15 school districts of the state in which the levy for
     4 16 the general school fund exceeds five eight dollars and
     4 17 forty seventy=six cents per thousand dollars of
     4 18 assessed value.  The amount of the credit on each
     4 19 eligible tract of agricultural land shall be the
     4 20 amount the tax levied for the general school fund
     4 21 exceeds the amount of tax which would be levied on
     4 22 each eligible tract of agricultural land were the levy
     4 23 for the general school fund five eight dollars and
     4 24 forty seventy=six cents per thousand dollars of
     4 25 assessed value for the previous year.  However, in the
     4 26 case of a deficiency in the family farm tax credit
     4 27 fund to pay the credits in full, the credit on each
     4 28 eligible tract of agricultural land in the state shall
     4 29 be proportionate and applied as provided in this
     4 30 chapter.
     4 31    Sec.    .  Section 425A.5, Code 2005, is amended to
     4 32 read as follows:
     4 33    425A.5  COMPUTATION BY COUNTY AUDITOR.
     4 34    The family farm tax credit allowed each year shall
     4 35 be computed as follows:  On or before April 1, the
     4 36 county auditor shall list by school districts all
     4 37 tracts of agricultural land which are entitled to
     4 38 credit, the taxable value for the previous year, the
     4 39 budget from each school district for the previous
     4 40 year, and the tax rate determined for the general fund
     4 41 of the school district in the manner prescribed in
     4 42 section 444.3 for the previous year, and if the tax
     4 43 rate is in excess of five eight dollars and forty
     4 44 seventy=six cents per thousand dollars of assessed
     4 45 value, the auditor shall multiply the tax levy which
     4 46 is in excess of five eight dollars and forty seventy=
     4 47 six cents per thousand dollars of assessed value by
     4 48 the total taxable value of the agricultural land
     4 49 entitled to credit in the school district, and on or
     4 50 before April 1, certify the total amount of credit and
     5  1 the total number of acres entitled to the credit to
     5  2 the department of revenue.
     5  3    Sec.    .  Section 426.3, Code 2005, is amended to
     5  4 read as follows:
     5  5    426.3  WHERE CREDIT GIVEN.
     5  6    The agricultural land credit fund shall be
     5  7 apportioned each year in the manner hereinafter
     5  8 provided so as to give a credit against the tax on
     5  9 each tract of agricultural lands within the several
     5 10 school districts of the state in which the levy for
     5 11 the general school fund exceeds five eight dollars and
     5 12 forty seventy=six cents per thousand dollars of
     5 13 assessed value; the amount of such credit on each
     5 14 tract of such lands shall be the amount the tax levied
     5 15 for the general school fund exceeds the amount of tax
     5 16 which would be levied on said tract of such lands were
     5 17 the levy for the general school fund five eight
     5 18 dollars and forty seventy=six cents per thousand
     5 19 dollars of assessed value for the previous year,
     5 20 except in the case of a deficiency in the agricultural
     5 21 land credit fund to pay said credits in full, in which
     5 22 case the credit on each eligible tract of such lands
     5 23 in the state shall be proportionate and shall be
     5 24 applied as hereinafter provided.
     5 25    Sec.    .  Section 426.6, unnumbered paragraph 1,
     5 26 Code 2005, is amended to read as follows:
     5 27    The agricultural land tax credit allowed each year
     5 28 shall be computed as follows:  On or before April 1,
     5 29 the county auditor shall list by school districts all
     5 30 tracts of agricultural lands which are entitled to
     5 31 credit, together with the taxable value for the
     5 32 previous year, together with the budget from each
     5 33 school district for the previous year, and the tax
     5 34 rate determined for the general fund of the district
     5 35 in the manner prescribed in section 444.3 for the
     5 36 previous year, and if such tax rate is in excess of
     5 37 five eight dollars and forty seventy=six cents per
     5 38 thousand dollars of assessed value, the auditor shall
     5 39 multiply the tax levy which is in excess of five eight
     5 40 dollars and forty seventy=six cents per thousand
     5 41 dollars of assessed value by the total taxable value
     5 42 of the agricultural lands entitled to credit in the
     5 43 district, and on or before April 1, certify the amount
     5 44 to the department of revenue.>
     5 45 #5.  By striking page 7, line 25, through page 8,
     5 46 line 3, and inserting the following:
     5 47    <1.  The sections of this division of this Act
     5 48 increasing the regular program foundation base and the
     5 49 special education support services foundation base,
     5 50 increasing the foundation property tax, and providing
     6  1 for property tax adjustment aid pursuant to section
     6  2 257.16, subsection 5, being deemed of immediate
     6  3 importance, take effect upon enactment and apply to
     6  4 school budget years beginning on or after July 1,
     6  5 2005.>
     6  6 #6.  Page 8, by striking lines 4 through 7 and
     6  7 inserting the following:
     6  8    <2.  The section of this division of this Act
     6  9 relating to the appropriation to and creation of a
     6 10 workforce training, economic development, and tuition
     6 11 replacement supplemental fund in each community
     6 12 college takes effect January 1, 2006, and is
     6 13 applicable for the fiscal year beginning July 1,
     6 14 2006.>
     6 15 #7.  Page 8, line 8, by inserting after the word
     6 16 <sections> the following:  <of this division>.
     6 17 #8.  Page 8, by inserting after line 10, the
     6 18 following:
     6 19    <   .  The sections of this division of this Act
     6 20 amending provisions relating to the family farm tax
     6 21 credit under chapter 425A and the agricultural land
     6 22 tax credit under chapter 426 take effect January 1,
     6 23 2007, for taxes due and payable in fiscal years
     6 24 beginning on or after July 1, 2007.>
     6 25 #9.  Page 8, by inserting after line 10 the
     6 26 following:
     6 27                      <DIVISION II
     6 28        FOUNDATION PROPERTY TAX == URBAN RENEWAL
     6 29    Sec.    .  Section 403.19, subsection 2, Code 2005,
     6 30 is amended to read as follows:
     6 31    2.  That portion of the taxes each year in excess
     6 32 of such amount shall be allocated to and when
     6 33 collected be paid into a special fund of the
     6 34 municipality to pay the principal of and interest on
     6 35 loans, moneys advanced to, or indebtedness, whether
     6 36 funded, refunded, assumed, or otherwise, including
     6 37 bonds issued under the authority of section 403.9,
     6 38 subsection 1, incurred by the municipality to finance
     6 39 or refinance, in whole or in part, an urban renewal
     6 40 project within the area, and to provide assistance for
     6 41 low and moderate income family housing as provided in
     6 42 section 403.22, except that.  However, taxes for the
     6 43 regular and voter=approved physical plant and
     6 44 equipment levy of a school district imposed pursuant
     6 45 to section 298.2, and taxes for the payment of bonds
     6 46 and interest of each taxing district must, and the
     6 47 foundation property tax imposed pursuant to section
     6 48 257.3, subsection 1, but only as provided in
     6 49 subsection 8, shall be collected against all taxable
     6 50 property within the taxing district without limitation
     7  1 by the provisions of this subsection.  However In
     7  2 addition, all or a portion of the taxes for the
     7  3 physical plant and equipment levy shall be paid by the
     7  4 school district to the municipality if the auditor
     7  5 certifies to the school district by July 1 the amount
     7  6 of such levy that is necessary to pay the principal
     7  7 and interest on bonds issued by the municipality to
     7  8 finance an urban renewal project, which bonds were
     7  9 issued before July 1, 2001.  Indebtedness incurred to
     7 10 refund bonds issued prior to July 1, 2001, shall not
     7 11 be included in the certification.  Such school
     7 12 district shall pay over the amount certified by
     7 13 November 1 and May 1 of the fiscal year following
     7 14 certification to the school district.  Unless and
     7 15 until the total assessed valuation of the taxable
     7 16 property in an urban renewal area exceeds the total
     7 17 assessed value of the taxable property in such area as
     7 18 shown by the last equalized assessment roll referred
     7 19 to in subsection 1, all of the taxes levied and
     7 20 collected upon the taxable property in the urban
     7 21 renewal area shall be paid into the funds for the
     7 22 respective taxing districts as taxes by or for the
     7 23 taxing districts in the same manner as all other
     7 24 property taxes.  When such loans, advances,
     7 25 indebtedness, and bonds, if any, and interest thereon,
     7 26 have been paid, all moneys thereafter received from
     7 27 taxes upon the taxable property in such urban renewal
     7 28 area shall be paid into the funds for the respective
     7 29 taxing districts in the same manner as taxes on all
     7 30 other property.
     7 31    Sec.    .  Section 403.19, Code 2005, is amended by
     7 32 adding the following new subsection:
     7 33    NEW SUBSECTION.  8.  a.  For urban renewal plans
     7 34 adopted on or after the effective date of this Act,
     7 35 taxes collected under subsection 2 shall not include
     7 36 the foundation property tax imposed pursuant to
     7 37 section 257.3, subsection 1.
     7 38    b.  For urban renewal plans adopted before the
     7 39 effective date of this Act, taxes collected under
     7 40 subsection 2 shall not include the foundation property
     7 41 tax imposed pursuant to section 257.3, subsection 1,
     7 42 for fiscal years beginning on or after July 1, 2025.
     7 43    c.  On or before January 1, 2006, a municipality
     7 44 shall report to the department of management the
     7 45 status of any loans, advances, indebtedness, or bonds
     7 46 issued or incurred before the effective date of this
     7 47 Act for urban renewal purposes and payable from the
     7 48 special fund in section 403.19, subsection 2.  The
     7 49 report shall include a schedule of payments for such
     7 50 loans, advances, indebtedness, or bonds.  Based on the
     8  1 information in the reports, the governor shall
     8  2 recommend to the general assembly legislation
     8  3 necessary to address tax increment financing revenue
     8  4 shortfalls that may result from exempting the
     8  5 foundation property tax levy from collection as tax
     8  6 increment financing revenue.
     8  7    Sec.    .  EFFECTIVE DATE.  This division of this
     8  8 Act, being deemed of immediate importance, takes
     8  9 effect upon enactment.
     8 10                      DIVISION III
     8 11        TASK FORCE ON LOCAL ECONOMIC DEVELOPMENT
     8 12    Sec.    .
     8 13    1.  On or before August 1, 2005, the department of
     8 14 economic development shall initiate and coordinate the
     8 15 establishment of a local economic development task
     8 16 force.  The chairperson of the task force shall be the
     8 17 director of the department of economic development or
     8 18 the director's designee.  Participants on the task
     8 19 force shall be appointed by the director and shall
     8 20 include representatives of the Iowa state association
     8 21 of counties, representatives of the Iowa league of
     8 22 cities, and other participants deemed appropriate by
     8 23 the director.  The department of economic development
     8 24 shall provide staffing assistance to the task force.
     8 25    2.  The task force shall identify and study the
     8 26 economic development programs currently available to
     8 27 cities and counties.  Such programs shall include
     8 28 those operated by the state and those implemented by
     8 29 cities and counties pursuant to statutory authority.
     8 30 The task force shall analyze the effectiveness of
     8 31 these programs.
     8 32    3.  On or before January 15, 2006, and on or before
     8 33 January 15, 2007, the task force shall report its
     8 34 findings to the general assembly and to the office of
     8 35 the governor.>
     8 36 #10.  Title page, by striking lines 1 through 7 and
     8 37 inserting the following:  <An Act related to property
     8 38 taxation and related aspects of education funding by
     8 39 increasing the state regular program and special
     8 40 education support services foundation base per pupil,
     8 41 by increasing the foundation property tax, by
     8 42 establishing a workforce training, economic
     8 43 development, and tuition replacement supplemental
     8 44 fund, making an appropriation, increasing the state
     8 45 cigarette tax, adjusting the calculations for the
     8 46 family farm and agricultural land tax credits,
     8 47 modifying provisions relating to urban renewal
     8 48 projects, establishing a task force to develop
     8 49 recommendations regarding economic development tools
     8 50 for municipalities, and including effective and
     9  1 applicability date provisions.>
     9  2
     9  3
     9  4                               
     9  5 BOB BRUNKHORST
     9  6 SF 416.702 81
     9  7 rn/gg/4938

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