House Amendment to Senate File 522 S-3336 Amend Senate File 522, as passed by the Senate, as 1 follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < DIVISION I 5 EDUCATION FINANCE 6 Section 1. Section 257.1, subsection 2, paragraph 7 b, Code 2011, is amended by striking the paragraph and 8 inserting in lieu thereof the following: 9 b. (1) The regular program foundation base per 10 pupil is the following: 11 (a) For the budget year commencing July 1, 2011, 12 the regular program foundation base per pupil is 13 eighty-seven and five-tenths percent of the regular 14 program state cost per pupil. 15 (b) For the budget year commencing July 1, 2012, 16 the regular program foundation base per pupil is 17 eighty-nine and twenty-eight hundredths percent of the 18 regular program state cost per pupil. 19 (c) For the budget year commencing July 1, 2013, 20 the regular program foundation base per pupil is 21 ninety-one and six hundredths percent of the regular 22 program state cost per pupil. 23 (d) For the budget year commencing July 1, 2014, 24 the regular program foundation base per pupil is 25 ninety-two and eighty-four hundredths percent of the 26 regular program state cost per pupil. 27 (e) For the budget year commencing July 1, 2015, 28 the regular program foundation base per pupil is 29 ninety-four and sixty-two hundredths percent of the 30 regular program state cost per pupil. 31 (f) For the budget year commencing July 1, 2016, 32 the regular program foundation base per pupil is 33 ninety-six and forty hundredths percent of the regular 34 program state cost per pupil. 35 (g) For the budget year commencing July 1, 2017, 36 the regular program foundation base per pupil is 37 ninety-eight and eighteen hundredths percent of the 38 regular program state cost per pupil. 39 (h) For the budget year commencing July 1, 2018, 40 and succeeding budget years, the regular program 41 foundation base per pupil is one hundred percent of the 42 regular program state cost per pupil. 43 (2) For each budget year, the special education 44 support services foundation base is seventy-nine 45 percent of the special education support services state 46 cost per pupil. The combined foundation base is the 47 sum of the regular program foundation base, the special 48 education support services foundation base, the total 49 teacher salary supplement district cost, the total 50 -1- SF522.3208 (3) 84 mb 1/ 26 #1.
professional development supplement district cost, the 1 total early intervention supplement district cost, the 2 total area education agency teacher salary supplement 3 district cost, and the total area education agency 4 professional development supplement district cost. 5 DIVISION II 6 PROPERTY ASSESSMENT LIMITATIONS 7 Sec. 2. Section 441.21, subsection 4, Code 2011, is 8 amended to read as follows: 9 4. For valuations established as of January 10 1, 1979, the percentage of actual value at which 11 agricultural and residential property shall be assessed 12 shall be the quotient of the dividend and divisor as 13 defined in this section . The dividend for each class 14 of property shall be the dividend as determined for 15 each class of property for valuations established as 16 of January 1, 1978, adjusted by the product obtained 17 by multiplying the percentage determined for that year 18 by the amount of any additions or deletions to actual 19 value, excluding those resulting from the revaluation 20 of existing properties, as reported by the assessors 21 on the abstracts of assessment for 1978, plus six 22 percent of the amount so determined. However, if the 23 difference between the dividend so determined for 24 either class of property and the dividend for that 25 class of property for valuations established as of 26 January 1, 1978, adjusted by the product obtained by 27 multiplying the percentage determined for that year 28 by the amount of any additions or deletions to actual 29 value, excluding those resulting from the revaluation 30 of existing properties, as reported by the assessors 31 on the abstracts of assessment for 1978, is less than 32 six percent, the 1979 dividend for the other class of 33 property shall be the dividend as determined for that 34 class of property for valuations established as of 35 January 1, 1978, adjusted by the product obtained by 36 multiplying the percentage determined for that year 37 by the amount of any additions or deletions to actual 38 value, excluding those resulting from the revaluation 39 of existing properties, as reported by the assessors on 40 the abstracts of assessment for 1978, plus a percentage 41 of the amount so determined which is equal to the 42 percentage by which the dividend as determined for the 43 other class of property for valuations established as 44 of January 1, 1978, adjusted by the product obtained 45 by multiplying the percentage determined for that year 46 by the amount of any additions or deletions to actual 47 value, excluding those resulting from the revaluation 48 of existing properties, as reported by the assessors 49 on the abstracts of assessment for 1978, is increased 50 -2- SF522.3208 (3) 84 mb 2/ 26
in arriving at the 1979 dividend for the other class 1 of property. The divisor for each class of property 2 shall be the total actual value of all such property 3 in the state in the preceding year, as reported by the 4 assessors on the abstracts of assessment submitted 5 for 1978, plus the amount of value added to said 6 total actual value by the revaluation of existing 7 properties in 1979 as equalized by the director of 8 revenue pursuant to section 441.49 . The director shall 9 utilize information reported on abstracts of assessment 10 submitted pursuant to section 441.45 in determining 11 such percentage. For valuations established as of 12 January 1, 1980, and each assessment year thereafter 13 beginning before January 1, 2012 , the percentage of 14 actual value as equalized by the director of revenue 15 as provided in section 441.49 at which agricultural 16 and residential property shall be assessed shall be 17 calculated in accordance with the methods provided 18 herein including the limitation of increases in 19 agricultural and residential assessed values to the 20 percentage increase of the other class of property if 21 the other class increases less than the allowable limit 22 adjusted to include the applicable and current values 23 as equalized by the director of revenue, except that 24 any references to six percent in this subsection shall 25 be four percent. For valuations established as of 26 January 1, 2012, and each assessment year thereafter, 27 the percentage of actual value as equalized by the 28 director of revenue as provided in section 441.49 at 29 which agricultural and residential property shall be 30 assessed shall be calculated in accordance with the 31 methods provided herein including the limitation of 32 increases in agricultural and residential assessed 33 values to the percentage increase of the other class 34 of property if the other class increases less than the 35 allowable limit adjusted to include the applicable and 36 current values as equalized by the director of revenue, 37 except that any references to six percent in this 38 subsection shall be two percent. 39 Sec. 3. Section 441.21, subsection 5, Code 2011, is 40 amended to read as follows: 41 5. a. For valuations established as of January 42 1, 1979, commercial property and industrial property, 43 excluding properties referred to in section 427A.1, 44 subsection 8 , shall be assessed as a percentage of 45 the actual value of each class of property. The 46 percentage shall be determined for each class of 47 property by the director of revenue for the state in 48 accordance with the provisions of this section . For 49 valuations established as of January 1, 1979, the 50 -3- SF522.3208 (3) 84 mb 3/ 26
percentage shall be the quotient of the dividend and 1 divisor as defined in this section . The dividend 2 for each class of property shall be the total actual 3 valuation for each class of property established for 4 1978, plus six percent of the amount so determined. 5 The divisor for each class of property shall be the 6 valuation for each class of property established for 7 1978, as reported by the assessors on the abstracts 8 of assessment for 1978, plus the amount of value 9 added to the total actual value by the revaluation 10 of existing properties in 1979 as equalized by the 11 director of revenue pursuant to section 441.49 . For 12 valuations established as of January 1, 1979, property 13 valued by the department of revenue pursuant to 14 chapters 428 , 433 , 437 , and 438 shall be considered 15 as one class of property and shall be assessed as a 16 percentage of its actual value. The percentage shall 17 be determined by the director of revenue in accordance 18 with the provisions of this section . For valuations 19 established as of January 1, 1979, the percentage 20 shall be the quotient of the dividend and divisor as 21 defined in this section . The dividend shall be the 22 total actual valuation established for 1978 by the 23 department of revenue, plus ten percent of the amount 24 so determined. The divisor for property valued by 25 the department of revenue pursuant to chapters 428 , 26 433 , 437 , and 438 shall be the valuation established 27 for 1978, plus the amount of value added to the total 28 actual value by the revaluation of the property by 29 the department of revenue as of January 1, 1979. 30 For valuations established as of January 1, 1980, 31 commercial property and industrial property, excluding 32 properties referred to in section 427A.1, subsection 33 8 , shall be assessed at a percentage of the actual 34 value of each class of property. The percentage 35 shall be determined for each class of property by 36 the director of revenue for the state in accordance 37 with the provisions of this section . For valuations 38 established as of January 1, 1980, the percentage 39 shall be the quotient of the dividend and divisor as 40 defined in this section . The dividend for each class 41 of property shall be the dividend as determined for 42 each class of property for valuations established as 43 of January 1, 1979, adjusted by the product obtained 44 by multiplying the percentage determined for that year 45 by the amount of any additions or deletions to actual 46 value, excluding those resulting from the revaluation 47 of existing properties, as reported by the assessors 48 on the abstracts of assessment for 1979, plus four 49 percent of the amount so determined. The divisor 50 -4- SF522.3208 (3) 84 mb 4/ 26
for each class of property shall be the total actual 1 value of all such property in 1979, as equalized by 2 the director of revenue pursuant to section 441.49 , 3 plus the amount of value added to the total actual 4 value by the revaluation of existing properties in 5 1980. The director shall utilize information reported 6 on the abstracts of assessment submitted pursuant 7 to section 441.45 in determining such percentage. 8 For valuations established as of January 1, 1980, 9 property valued by the department of revenue pursuant 10 to chapters 428 , 433 , 437 , and 438 shall be assessed 11 at a percentage of its actual value. The percentage 12 shall be determined by the director of revenue in 13 accordance with the provisions of this section . For 14 valuations established as of January 1, 1980, the 15 percentage shall be the quotient of the dividend and 16 divisor as defined in this section . The dividend shall 17 be the total actual valuation established for 1979 by 18 the department of revenue, plus eight percent of the 19 amount so determined. The divisor for property valued 20 by the department of revenue pursuant to chapters 428 , 21 433 , 437 , and 438 shall be the valuation established 22 for 1979, plus the amount of value added to the total 23 actual value by the revaluation of the property by 24 the department of revenue as of January 1, 1980. For 25 valuations established as of January 1, 1981, and 26 each year thereafter, the percentage of actual value 27 as equalized by the director of revenue as provided 28 in section 441.49 at which commercial property and 29 industrial property, excluding properties referred to 30 in section 427A.1, subsection 8 , shall be assessed 31 shall be calculated in accordance with the methods 32 provided herein, except that any references to six 33 percent in this subsection shall be four percent. For 34 valuations established as of January 1, 1981, and 35 each year thereafter, the percentage of actual value 36 at which property valued by the department of revenue 37 pursuant to chapters 428 , 433 , 437 , and 438 shall be 38 assessed shall be calculated in accordance with the 39 methods provided herein, except that any references 40 to ten percent in this subsection shall be eight 41 percent. Beginning with valuations established as of 42 January 1, 1979, and each assessment year thereafter 43 beginning before January 1, 2012 , property valued 44 by the department of revenue pursuant to chapter 434 45 shall also be assessed at a percentage of its actual 46 value which percentage shall be equal to the percentage 47 determined by the director of revenue for commercial 48 property, industrial property, or property valued by 49 the department of revenue pursuant to chapters 428 , 50 -5- SF522.3208 (3) 84 mb 5/ 26
433 , 437 , and 438 , whichever is lowest. Beginning 1 with valuations established as of January 1, 2012, 2 but before January 1, 2016, property valued by the 3 department of revenue pursuant to chapter 434 that 4 is not new railway property shall be assessed at a 5 percentage of its actual value equal to the percentage 6 of actual value at which commercial property that 7 is not new commercial property is assessed for the 8 same assessment year. For valuations established 9 on or after January 1, 2012, but before January 1, 10 2016, property valued by the department of revenue 11 pursuant to chapter 434 that is new railway property 12 shall be assessed at a percentage of its actual value 13 equal to the percentage of actual value at which 14 commercial property that is new commercial property, 15 as defined in paragraph “c” , is assessed for the same 16 assessment year. For purposes of this section, “new 17 railway property” means that portion of the actual 18 value of property assessed by the director of revenue 19 under chapter 434 in excess of one hundred fifty 20 percent of such property’s value for the assessment 21 year beginning January 1, 2011, attributable to new 22 construction, renovation, or rehabilitation of the 23 property occurring on or after the effective date of 24 this division of this Act. “New railway property” shall 25 be considered a subclassification of property assessed 26 by the director of revenue under chapter 434 for the 27 assessment years beginning on or after January 1, 2012, 28 but before January 1, 2016. For valuations established 29 on or after January 1, 2016, property valued by the 30 department of revenue pursuant to chapter 434 shall 31 be assessed at a percentage of its actual value equal 32 to the percentage of actual value at which commercial 33 property is assessed for the same assessment year. 34 b. For valuations established on or after January 35 1, 2012, commercial property that is not new commercial 36 property as defined in paragraph “c” , excluding 37 properties referred to in section 427A.1, subsection 8 , 38 shall be assessed as a percentage of the actual value, 39 as determined in this paragraph. 40 (1) For valuations established for the assessment 41 year beginning January 1, 2012, the percentage of 42 actual value as equalized by the director of revenue as 43 provided in section 441.49 at which commercial property 44 that is not new commercial property shall be assessed 45 shall be ninety-two percent. 46 (2) For valuations established for the assessment 47 year beginning January 1, 2013, the percentage of 48 actual value as equalized by the director of revenue as 49 provided in section 441.49 at which commercial property 50 -6- SF522.3208 (3) 84 mb 6/ 26
that is not new commercial property shall be assessed 1 shall be eighty-four percent. 2 (3) For valuations established for the assessment 3 year beginning January 1, 2014, the percentage of 4 actual value as equalized by the director of revenue as 5 provided in section 441.49 at which commercial property 6 that is not new commercial property shall be assessed 7 shall be seventy-six percent. 8 (4) For valuations established for the assessment 9 year beginning January 1, 2015, the percentage of 10 actual value as equalized by the director of revenue as 11 provided in section 441.49 at which commercial property 12 that is not new commercial property shall be assessed 13 shall be sixty-eight percent. 14 c. (1) For valuations established on or after 15 January 1, 2012, but before January 1, 2016, new 16 commercial property, excluding properties referred to 17 in section 427A.1, subsection 8, shall be assessed as a 18 percentage of the actual value, as determined in this 19 paragraph “c” . 20 (2) For valuations established for assessment years 21 beginning on or after January 1, 2012, but before 22 January 1, 2016, the percentage of actual value as 23 equalized by the director of revenue as provided in 24 section 441.49 at which commercial property that is new 25 commercial property shall be assessed shall be sixty 26 percent. 27 (3) For purposes of this section, “new commercial 28 property” means that portion of the actual value of 29 property in excess of one hundred fifty percent of such 30 property’s value for the assessment year beginning 31 January 1, 2011, attributable to new construction, 32 renovation, or rehabilitation of the property occurring 33 on or after the effective date of this division of 34 this Act, and but for this paragraph would be assessed 35 under paragraph “b” . “New commercial property” shall be 36 considered a subclassification of commercial property 37 for the assessment years beginning on or after January 38 1, 2012, but before January 1, 2016. 39 d. (1) For valuations established on or after 40 January 1, 2016, commercial property, excluding 41 properties referred to in section 427A.1, subsection 8, 42 shall be assessed as a percentage of the actual value 43 as determined in this paragraph “d” . 44 (2) For valuations established for the assessment 45 year beginning January 1, 2016, and each assessment 46 year thereafter, the percentage of actual value as 47 equalized by the director of revenue as provided in 48 section 441.49 at which commercial property shall be 49 assessed shall be sixty percent. 50 -7- SF522.3208 (3) 84 mb 7/ 26
e. For valuations established on or after January 1 1, 2012, industrial property that is not new industrial 2 property as defined in paragraph “f” , excluding 3 properties referred to in section 427A.1, subsection 8, 4 shall be assessed as a percentage of the actual value, 5 as determined in this paragraph. 6 (1) For valuations established for the assessment 7 year beginning January 1, 2012, the percentage of 8 actual value as equalized by the director of revenue as 9 provided in section 441.49 at which industrial property 10 that is not new industrial property, shall be assessed 11 shall be ninety-two percent. 12 (2) For valuations established for the assessment 13 year beginning January 1, 2013, the percentage of 14 actual value as equalized by the director of revenue as 15 provided in section 441.49 at which industrial property 16 that is not new industrial property shall be assessed 17 shall be eighty-four percent. 18 (3) For valuations established for the assessment 19 year beginning January 1, 2014, the percentage of 20 actual value as equalized by the director of revenue as 21 provided in section 441.49 at which industrial property 22 that is not new industrial property shall be assessed 23 shall be seventy-six percent. 24 (4) For valuations established for the assessment 25 year beginning January 1, 2015, the percentage of 26 actual value as equalized by the director of revenue as 27 provided in section 441.49 at which industrial property 28 that is not new industrial property shall be assessed 29 shall be sixty-eight percent. 30 f. (1) For valuations established on or after 31 January 1, 2012, but before January 1, 2016, new 32 industrial property, excluding properties referred to 33 in section 427A.1, subsection 8, shall be assessed as 34 a percentage of the actual value as determined in this 35 paragraph “f” . 36 (2) For valuations established for assessment years 37 beginning on or after January 1, 2012, but before 38 January 1, 2016, the percentage of actual value as 39 equalized by the director of revenue as provided in 40 section 441.49 at which industrial property that is new 41 industrial property shall be assessed shall be sixty 42 percent. 43 (3) For purposes of this section, “new industrial 44 property” means that portion of the actual value of 45 property in excess of one hundred fifty percent of such 46 property’s value for the assessment year beginning 47 January 1, 2011, attributable to new construction, 48 renovation, or rehabilitation of the property occurring 49 on or after the effective date of this division of 50 -8- SF522.3208 (3) 84 mb 8/ 26
this Act, and but for this paragraph would be assessed 1 under paragraph “e” . “New industrial property” shall be 2 considered a subclassification of industrial property 3 for the assessment years beginning on or after January 4 1, 2012, but before January 1, 2016. 5 g. (1) For valuations established on or after 6 January 1, 2016, industrial property, excluding 7 properties referred to in section 427A.1, subsection 8, 8 shall be assessed as a percentage of the actual value 9 as determined in this paragraph “g” . 10 (2) For valuations established for the assessment 11 year beginning January 1, 2016, and each assessment 12 year thereafter, the percentage of actual value as 13 equalized by the director of revenue as provided in 14 section 441.49 at which industrial property shall be 15 assessed shall be sixty percent. 16 Sec. 4. Section 441.21, subsections 9 and 10, Code 17 2011, are amended to read as follows: 18 9. Not later than November 1, 1979, and November 19 1 of each subsequent year, the director shall 20 certify to the county auditor of each county the 21 percentages of actual value at which residential 22 property, agricultural property, commercial property, 23 new commercial property, industrial property, and 24 new industrial property, property valued by the 25 department of revenue pursuant to chapters 428 , 433 , 26 434 , 437 , and 438 , and new railway property in each 27 assessing jurisdiction in the county shall be assessed 28 for taxation. The county auditor shall proceed 29 to determine the assessed values of agricultural 30 property, residential property, commercial property, 31 new commercial property, industrial property, and new 32 industrial property, property valued by the department 33 of revenue pursuant to chapters 428 , 433 , 434 , 437 , 34 and 438 , and new railway property by applying such 35 percentages to the current actual value of such 36 property, as reported to the county auditor by the 37 assessor, and the assessed values so determined shall 38 be the taxable values of such properties upon which the 39 levy shall be made. 40 10. The percentage of actual value computed by 41 the director for agricultural property, residential 42 property, commercial property, new commercial property, 43 industrial property and , new industrial property, 44 property valued by the department of revenue pursuant 45 to chapters 428 , 433 , 434 , 437 , and 438 , and new 46 railway property and used to determine assessed values 47 of those classes of property does not constitute a rule 48 as defined in section 17A.2, subsection 11 . 49 Sec. 5. Section 441.21, Code 2011, is amended by 50 -9- SF522.3208 (3) 84 mb 9/ 26
adding the following new subsection: 1 NEW SUBSECTION . 13. Notwithstanding any provision 2 of law to the contrary, beginning with valuations 3 established on or after January 1, 2012, as used in 4 this section, “residential property” includes that 5 portion of a building or structure and a proportionate 6 share of the land upon which the building or structure 7 is situated that is used as a primary residence by 8 the person who owns the building even if the use as 9 a primary residence is not the primary use of the 10 building or structure. Accordingly, the assessor 11 may assign more than one classification to a parcel 12 of property satisfying the requirements of this 13 subsection. 14 Sec. 6. NEW SECTION . 441.21A Legislative intent. 15 1. It is the intent of the general assembly that 16 appropriations be made annually to reimburse local 17 taxing authorities in this state for reductions in 18 property tax collections on commercial, new commercial, 19 industrial, new industrial, railway, and new railway 20 property as a result of the assessment limitations 21 on such property established under section 441.21, 22 subsection 5, in the following amounts: 23 a. For the fiscal year beginning July 1, 2013, 24 fifty million dollars. 25 b. For the fiscal year beginning July 1, 2014, one 26 hundred million dollars. 27 c. For the fiscal year beginning July 1, 2015, one 28 hundred fifty million dollars. 29 d. For the fiscal year beginning July 1, 2016, two 30 hundred million dollars. 31 e. For the fiscal year beginning July 1, 2017, and 32 each fiscal year thereafter, two hundred fifty million 33 dollars. 34 2. The committee on ways and means of the senate 35 and the committee on ways and means of the house of 36 representatives shall each conduct an annual review of 37 the implementation and fiscal impact of the commercial, 38 new commercial, industrial, new industrial, railway, 39 and new railway property assessment limitations 40 established under section 441.21, subsection 5, on 41 local taxing authorities in this state. 42 Sec. 7. SAVINGS PROVISION. This division of this 43 Act, pursuant to section 4.13, does not affect the 44 operation of, or prohibit the application of, prior 45 provisions of section 441.21, or rules adopted under 46 chapter 17A to administer prior provisions of section 47 441.21, for assessment years beginning before January 48 1, 2012, and for duties, powers, protests, appeals, 49 proceedings, actions, or remedies attributable to an 50 -10- SF522.3208 (3) 84 mb 10/ 26
assessment year beginning before January 1, 2012. 1 Sec. 8. APPLICABILITY. This division of this Act 2 applies to property tax assessment years beginning on 3 or after January 1, 2012. 4 DIVISION III 5 COUNTY AND CITY BUDGET LIMITATION 6 Sec. 9. Section 23A.2, subsection 10, paragraph h, 7 Code 2011, is amended to read as follows: 8 h. The performance of an activity listed in 9 section 331.424 , Code 2011, as a service for which a 10 supplemental levy county may be certified include in 11 its budget . 12 Sec. 10. Section 28M.5, subsection 2, Code 2011, is 13 amended to read as follows: 14 2. If a regional transit district budget allocates 15 revenue responsibilities to the board of supervisors 16 of a participating county, the amount of the regional 17 transit district levy that is the responsibility of the 18 participating county shall be deducted from the maximum 19 rates amount of taxes authorized to be levied by the 20 county pursuant to section 331.423 , subsections 1 and 21 2 subsection 3, paragraphs “b” and “c” , as applicable, 22 unless the county meets its revenue responsibilities as 23 allocated in the budget from other available revenue 24 sources. However, for a regional transit district 25 that includes a county with a population of less than 26 three hundred thousand, the amount of the regional 27 transit district levy that is the responsibility of 28 such participating county shall be deducted from the 29 maximum rate amount of taxes authorized to be levied 30 by the county pursuant to section 331.423, subsection 31 1 3, paragraph “b” . 32 Sec. 11. Section 123.38, subsection 2, Code 2011, 33 is amended to read as follows: 34 2. Any licensee or permittee, or the licensee’s 35 or permittee’s executor or administrator, or any 36 person duly appointed by the court to take charge of 37 and administer the property or assets of the licensee 38 or permittee for the benefit of the licensee’s or 39 permittee’s creditors, may voluntarily surrender a 40 license or permit to the division. When a license 41 or permit is surrendered the division shall notify 42 the local authority, and the division or the local 43 authority shall refund to the person surrendering the 44 license or permit, a proportionate amount of the fee 45 received by the division or the local authority for 46 the license or permit as follows: if a license or 47 permit is surrendered during the first three months 48 of the period for which it was issued, the refund 49 shall be three-fourths of the amount of the fee; 50 -11- SF522.3208 (3) 84 mb 11/ 26
if surrendered more than three months but not more 1 than six months after issuance, the refund shall be 2 one-half of the amount of the fee; if surrendered more 3 than six months but not more than nine months after 4 issuance, the refund shall be one-fourth of the amount 5 of the fee. No refund shall be made, however, for 6 any special liquor permit, nor for a liquor control 7 license, wine permit, or beer permit surrendered more 8 than nine months after issuance. For purposes of this 9 subsection, any portion of license or permit fees 10 used for the purposes authorized in section 331.424, 11 subsection 1 , paragraph “a” , subparagraphs (1) and 12 (2), Code 2011, and in section 331.424A , shall not be 13 deemed received either by the division or by a local 14 authority. No refund shall be made to any licensee or 15 permittee, upon the surrender of the license or permit, 16 if there is at the time of surrender, a complaint filed 17 with the division or local authority, charging the 18 licensee or permittee with a violation of this chapter . 19 If upon a hearing on a complaint the license or permit 20 is not revoked or suspended, then the licensee or 21 permittee is eligible, upon surrender of the license 22 or permit, to receive a refund as provided in this 23 section ; but if the license or permit is revoked or 24 suspended upon hearing the licensee or permittee is not 25 eligible for the refund of any portion of the license 26 or permit fee. 27 Sec. 12. Section 218.99, Code 2011, is amended to 28 read as follows: 29 218.99 Counties to be notified of patients’ personal 30 accounts. 31 The administrator in control of a state institution 32 shall direct the business manager of each institution 33 under the administrator’s jurisdiction which is 34 mentioned in section 331.424, subsection 1 , paragraph 35 “a” , subparagraphs (1) and (2), and for which services 36 are paid under section 331.424A , to quarterly inform 37 the county of legal settlement’s entity designated to 38 perform the county’s central point of coordination 39 process of any patient or resident who has an amount 40 in excess of two hundred dollars on account in the 41 patients’ personal deposit fund and the amount on 42 deposit. The administrators shall direct the business 43 manager to further notify the entity designated to 44 perform the county’s central point of coordination 45 process at least fifteen days before the release of 46 funds in excess of two hundred dollars or upon the 47 death of the patient or resident. If the patient or 48 resident has no county of legal settlement, notice 49 shall be made to the director of human services and the 50 -12- SF522.3208 (3) 84 mb 12/ 26
administrator in control of the institution involved. 1 Sec. 13. Section 331.263, subsection 2, Code 2011, 2 is amended to read as follows: 3 2. The governing body of the community commonwealth 4 shall have the authority to levy county taxes and shall 5 have the authority to levy city taxes to the extent the 6 city tax levy authority is transferred by the charter 7 to the community commonwealth. A city participating 8 in the community commonwealth shall transfer a portion 9 of the city’s tax levy authorized under section 384.1 10 or 384.12 , whichever is applicable, to the governing 11 body of the community commonwealth. The maximum 12 rates amount of taxes authorized to be levied under 13 sections section 384.1 and the maximum amount of taxes 14 authorized to be levied under section 384.12 by a city 15 participating in the community commonwealth shall be 16 reduced by an amount equal to the rates of the same or 17 similar taxes levied in the city by the governing body 18 of the community commonwealth. 19 Sec. 14. Section 331.301, subsection 12, Code 2011, 20 is amended to read as follows: 21 12. The board of supervisors may credit funds to 22 a reserve for the purposes authorized by subsection 23 11 of this section ; section 331.424, subsection 1 , 24 paragraph “a” , subparagraph (6); and section 331.441, 25 subsection 2 , paragraph “b” . Moneys credited to the 26 reserve, and interest earned on such moneys, shall 27 remain in the reserve until expended for purposes 28 authorized by subsection 11 of this section ; section 29 331.424, subsection 1 , paragraph “a” , subparagraph (6); 30 or section 331.441, subsection 2 , paragraph “b” . 31 Sec. 15. Section 331.421, subsections 1 and 10, 32 Code 2011, are amended by striking the subsections. 33 Sec. 16. Section 331.421, Code 2011, is amended by 34 adding the following new subsection: 35 NEW SUBSECTION . 7A. “Item” means a budgeted 36 expenditure, appropriation, or cash reserve from a 37 fund for a service area, program, program element, or 38 purpose. 39 Sec. 17. Section 331.423, Code 2011, is amended by 40 striking the section and inserting in lieu thereof the 41 following: 42 331.423 Property tax dollars —— maximums. 43 1. Annually, the board shall determine separate 44 property tax levy limits to pay for general county 45 services and rural county services in accordance with 46 this section. The property tax levies separately 47 certified for general county services and rural county 48 services under section 331.434 shall not raise property 49 tax dollars that exceed the amount determined under 50 -13- SF522.3208 (3) 84 mb 13/ 26
this section. 1 2. For purposes of this section and section 2 331.423B, unless the context otherwise requires: 3 a. “Annual growth factor” means an index, expressed 4 as a percentage, determined by the department of 5 management by January 1 of the calendar year in which 6 the budget year begins. In determining the annual 7 growth factor, the department shall calculate the 8 average of the preceding twelve-month percentage 9 change, which shall be computed on a monthly basis, 10 in the midwest consumer price index, ending with the 11 percentage change for the month of November. The 12 department shall then add that average percentage 13 change to one hundred percent. In no case, however, 14 shall the annual growth factor exceed one hundred four 15 percent. 16 b. “Boundary adjustment” means annexation, 17 severance, incorporation, or discontinuance as those 18 terms are defined in section 368.1. 19 c. “Budget year” is the fiscal year beginning 20 during the calendar year in which a budget is 21 certified. 22 d. “Current fiscal year” is the fiscal year 23 ending during the calendar year in which a budget is 24 certified. 25 e. “Net new valuation taxes” means the amount of 26 property tax dollars equal to the current fiscal year’s 27 levy rate in the county for general county services or 28 for rural county services, as applicable, multiplied by 29 the increase from the current fiscal year to the budget 30 year in taxable valuation due to the following: 31 (1) Net new construction, excluding all incremental 32 valuation that is released in any one year from a 33 division of revenue under section 260E.4 or an urban 34 renewal area for which taxes were being divided under 35 section 403.19 if the property for the valuation being 36 released remains subject to the division of revenue 37 under section 260E.4 or remains part of the urban 38 renewal area that is subject to a division of revenue 39 under section 403.19. 40 (2) Additions or improvements to existing 41 structures. 42 (3) Remodeling of existing structures for which a 43 building permit is required. 44 (4) Net boundary adjustment. 45 (5) A municipality no longer dividing tax revenues 46 in an urban renewal area as provided in section 403.19 47 or a community college no longer dividing revenues as 48 provided in section 260E.4. 49 (6) That portion of taxable property located in an 50 -14- SF522.3208 (3) 84 mb 14/ 26
urban revitalization area on which an exemption was 1 allowed and such exemption has expired. 2 3. a. For the fiscal year beginning July 1, 2012, 3 and subsequent fiscal years, the maximum amount of 4 property tax dollars which may be certified for levy by 5 a county for general county services and rural county 6 services shall be the maximum property tax dollars 7 calculated under paragraphs “b” and “c” , respectively. 8 b. The maximum property tax dollars that may be 9 levied for general county services is an amount equal 10 to the sum of the following: 11 (1) The annual growth factor times the current 12 fiscal year’s maximum property tax dollars for general 13 county services. 14 (2) The amount of net new valuation taxes in the 15 county. 16 c. The maximum property tax dollars that may be 17 levied for rural county services is an amount equal to 18 the sum of the following: 19 (1) The annual growth factor times the current 20 fiscal year’s maximum property tax dollars for rural 21 county services. 22 (2) The amount of net new valuation taxes in the 23 unincorporated area of the county. 24 4. a. For purposes of calculating maximum property 25 tax dollars for general county services for the fiscal 26 year beginning July 1, 2012, only, the term “current 27 fiscal year’s maximum property tax dollars” shall mean 28 the total amount of property tax dollars certified by 29 the county for general county services for the fiscal 30 year beginning July 1, 2011. 31 b. For purposes of calculating maximum property tax 32 dollars for rural county services for the fiscal year 33 beginning July 1, 2012, only, the term “current fiscal 34 year’s maximum property tax dollars” shall mean the 35 total amount of property tax dollars certified by the 36 county for rural county services for the fiscal year 37 beginning July 1, 2011. 38 5. Property taxes certified for deposit in the 39 mental health, mental retardation, and developmental 40 disabilities services fund in section 331.424A, the 41 emergency services fund in section 331.424C, the debt 42 service fund in section 331.430, any capital projects 43 fund established by the county for deposit of bond, 44 loan, or note proceeds, and any temporary increase 45 approved pursuant to section 331.424, are not included 46 in the maximum amount of property tax dollars that may 47 be certified for a budget year under subsection 3. 48 6. The department of management, in consultation 49 with the county finance committee, shall adopt rules 50 -15- SF522.3208 (3) 84 mb 15/ 26
to administer this section. The department shall 1 prescribe forms to be used by counties when making 2 calculations required by this section. 3 Sec. 18. NEW SECTION . 331.423B Ending fund 4 balance. 5 1. a. Budgeted ending fund balances for a budget 6 year in excess of twenty-five percent of budgeted 7 expenditures in either the general fund or rural 8 services fund for that budget year shall be explicitly 9 reserved or designated for a specific purpose. 10 b. A county is encouraged, but not required, to 11 reduce budgeted, unreserved, or undesignated ending 12 fund balances for the budget year to an amount equal 13 to approximately twenty-five percent of budgeted 14 expenditures and transfers from the general fund 15 and rural services fund for that budget year unless 16 a decision is certified by the state appeal board 17 ordering a reduction in the ending fund balance of any 18 of those funds. 19 c. In a protest to the county budget under section 20 331.436, the county shall have the burden of proving 21 that the budgeted balances in excess of twenty-five 22 percent are reasonably likely to be appropriated for 23 the explicitly reserved or designated specific purpose. 24 The excess budgeted balance for the specific purpose 25 shall be considered an increase in an item in the 26 budget for purposes of section 24.28. 27 2. a. For a county that has, as of June 30, 2011, 28 reduced its actual ending fund balance to less than 29 twenty-five percent of actual expenditures, additional 30 property taxes may be computed and levied as provided 31 in this subsection. The additional property tax levy 32 amount is an amount not to exceed twenty-five percent 33 of actual expenditures from the general fund and rural 34 services fund for the fiscal year beginning July 1, 35 2010, minus the combined ending fund balances for those 36 funds for that year. 37 b. The amount of the additional property taxes 38 shall be apportioned between the general fund and the 39 rural services fund. However, the amount apportioned 40 for general county services and for rural county 41 services shall not exceed for each fund twenty-five 42 percent of actual expenditures for the fiscal year 43 beginning July 1, 2010. 44 c. All or a portion of additional property tax 45 dollars may be levied for the purpose of increasing 46 cash reserves for general county services and rural 47 county services in the budget year. The additional 48 property tax dollars authorized under this subsection 49 but not levied may be carried forward as unused ending 50 -16- SF522.3208 (3) 84 mb 16/ 26
fund balance taxing authority until and for the fiscal 1 year beginning July 1, 2017. The amount carried 2 forward shall not exceed twenty-five percent of the 3 maximum amount of property tax dollars available in 4 the current fiscal year. Additionally, property taxes 5 that are levied as unused ending fund balance taxing 6 authority under this subsection may be the subject of 7 a protest under section 331.436, and the amount will 8 be considered an increase in an item in the budget for 9 purposes of section 24.28. The amount of additional 10 property taxes levied under this subsection shall not 11 be included in the computation of the maximum amount of 12 property tax dollars which may be certified and levied 13 under section 331.423. 14 Sec. 19. Section 331.424, Code 2011, is amended by 15 striking the section and inserting in lieu thereof the 16 following: 17 331.424 Authority to levy beyond maximum property 18 tax dollars. 19 1. The board may certify additions to the maximum 20 amount of property tax dollars to be levied for 21 a period of time not to exceed two years if the 22 proposition has been submitted at a special election 23 and received a favorable majority of the votes cast on 24 the proposition. 25 2. The special election is subject to the 26 following: 27 a. The board must give at least thirty-two days’ 28 notice to the county commissioner of elections that the 29 special election is to be held. In no case, however, 30 shall a notice be given to the county commissioner 31 of elections after December 31 for an election on a 32 proposition to exceed the statutory limits during the 33 fiscal year beginning in the next calendar year. 34 b. The special election shall be conducted by the 35 county commissioner of elections in accordance with 36 law. 37 c. The proposition to be submitted shall be 38 substantially in the following form: 39 Vote “yes” or “no” on the following: Shall the 40 county of _______ levy for an additional $_______ each 41 year for ___ years beginning July 1, _____, in excess 42 of the statutory limits otherwise applicable for the 43 (general county services or rural services) fund? 44 d. The canvass shall be held beginning at 1:00 p.m. 45 on the second day which is not a holiday following the 46 special election. 47 e. Notice of the special election shall be 48 published at least once in a newspaper as specified 49 in section 331.305 prior to the date of the special 50 -17- SF522.3208 (3) 84 mb 17/ 26
election. The notice shall appear as early as 1 practicable after the board has voted to submit a 2 proposition to the voters to levy additional property 3 tax dollars. 4 3. Registered voters in the county may vote on the 5 proposition to increase property taxes for the general 6 fund in excess of the statutory limit. Registered 7 voters residing outside the corporate limits of a 8 city within the county may vote on the proposition to 9 increase property taxes for the rural services fund in 10 excess of the statutory limit. 11 4. The amount of additional property tax dollars 12 certified under this section shall not be included in 13 the computation of the maximum amount of property tax 14 dollars which may be certified and levied under section 15 331.423. 16 Sec. 20. Section 331.424A, subsection 4, Code 2011, 17 is amended to read as follows: 18 4. For the fiscal year beginning July 1, 1996, 19 and for each subsequent fiscal year, the county shall 20 certify a levy for payment of services. For each 21 fiscal year, county revenues from taxes imposed by the 22 county credited to the services fund shall not exceed 23 an amount equal to the amount of base year expenditures 24 for services as defined in section 331.438 , less the 25 amount of property tax relief to be received pursuant 26 to section 426B.2 , in the fiscal year for which the 27 budget is certified. The county auditor and the 28 board of supervisors shall reduce the amount of the 29 levy certified for the services fund by the amount of 30 property tax relief to be received. A levy certified 31 under this section is not subject to the appeal 32 provisions of section 331.426 or to any other provision 33 in law authorizing a county to exceed, increase, or 34 appeal a property tax levy limit. 35 Sec. 21. Section 331.427, subsection 3, paragraph 36 l, Code 2011, is amended to read as follows: 37 l. Services listed in section 331.424, subsection 38 1 , Code 2011, and section 331.554 . 39 Sec. 22. Section 331.428, subsection 2, paragraph 40 d, Code 2011, is amended to read as follows: 41 d. Services listed under section 331.424, 42 subsection 2 , Code 2011 . 43 Sec. 23. Section 331.434, subsection 1, Code 2011, 44 is amended to read as follows: 45 1. The budget shall show the amount required for 46 each class of proposed expenditures, a comparison of 47 the amounts proposed to be expended with the amounts 48 expended for like purposes for the two preceding years, 49 the revenues from sources other than property taxation, 50 -18- SF522.3208 (3) 84 mb 18/ 26
and the amount to be raised by property taxation, in 1 the detail and form prescribed by the director of the 2 department of management. For each county that has 3 established an urban renewal area, the budget shall 4 include estimated and actual tax increment financing 5 revenues and all estimated and actual expenditures of 6 the revenues, proceeds from debt and all estimated 7 and actual expenditures of the debt proceeds, and 8 identification of any entity receiving a direct payment 9 of taxes funded by tax increment financing revenues 10 and shall include the total amount of loans, advances, 11 indebtedness, or bonds outstanding at the close of 12 the most recently ended fiscal year, which qualify 13 for payment from the special fund created in section 14 403.19 , including interest negotiated on such loans, 15 advances, indebtedness, or bonds. For purposes of this 16 subsection , “indebtedness” includes written agreements 17 whereby the county agrees to suspend, abate, exempt, 18 rebate, refund, or reimburse property taxes, provide a 19 grant for property taxes paid, or make a direct payment 20 of taxes, with moneys in the special fund. The amount 21 of loans, advances, indebtedness, or bonds shall be 22 listed in the aggregate for each county reporting. The 23 county finance committee, in consultation with the 24 department of management and the legislative services 25 agency, shall determine reporting criteria and shall 26 prepare a form for reports filed with the department 27 pursuant to this section . The department shall make 28 the information available by electronic means. 29 Sec. 24. Section 373.10, Code 2011, is amended to 30 read as follows: 31 373.10 Taxing authority. 32 The metropolitan council shall have the authority 33 to levy city taxes to the extent the city tax levy 34 authority is transferred by the charter to the 35 metropolitan council. A member city shall transfer 36 a portion of the city’s tax levy authorized under 37 section 384.1 or 384.12 , whichever is applicable, to 38 the metropolitan council. The maximum rates amount of 39 taxes authorized to be levied under sections section 40 384.1 and the taxes authorized to be levied under 41 section 384.12 by a member city shall be reduced by an 42 amount equal to the rates of the same or similar taxes 43 levied in the city by the metropolitan council. 44 Sec. 25. Section 384.1, Code 2011, is amended by 45 striking the section and inserting in lieu thereof the 46 following: 47 384.1 Property tax dollars —— maximums. 48 1. A city shall certify taxes to be levied by the 49 city on all taxable property within the city limits, 50 -19- SF522.3208 (3) 84 mb 19/ 26
for all city government purposes. Annually, the city 1 council may certify basic levies for city government 2 purposes, subject to the limitation on property tax 3 dollars provided in this section. 4 2. For purposes of this section and section 384.1B, 5 unless the context otherwise requires: 6 a. “Annual growth factor” means an index, expressed 7 as a percentage, determined by the department of 8 management by January 1 of the calendar year in which 9 the budget year begins. In determining the annual 10 growth factor, the department shall calculate the 11 average of the preceding twelve-month percentage 12 change, which shall be computed on a monthly basis, 13 in the midwest consumer price index, ending with the 14 percentage change for the month of November. The 15 department shall then add that average percentage 16 change to one hundred percent. In no case, however, 17 shall the annual growth factor exceed one hundred four 18 percent. 19 b. “Boundary adjustment” means annexation, 20 severance, incorporation, or discontinuance as those 21 terms are defined in section 368.1. 22 c. “Budget year” is the fiscal year beginning 23 during the calendar year in which a budget is 24 certified. 25 d. “Current fiscal year” is the fiscal year 26 ending during the calendar year in which a budget is 27 certified. 28 e. “Net new valuation taxes” means the amount of 29 property tax dollars equal to the current fiscal year’s 30 levy rate in the city for the general fund multiplied 31 by the increase from the current fiscal year to the 32 budget year in taxable valuation due to the following: 33 (1) Net new construction, excluding all incremental 34 valuation that is released in any one year from a 35 division of revenue under section 260E.4 or an urban 36 renewal area for which taxes were being divided under 37 section 403.19 if the property for the valuation being 38 released remains subject to the division of revenue 39 under section 260E.4 or remains part of the urban 40 renewal area that is subject to a division of revenue 41 under section 403.19. 42 (2) Additions or improvements to existing 43 structures. 44 (3) Remodeling of existing structures for which a 45 building permit is required. 46 (4) Net boundary adjustment. 47 (5) A municipality no longer dividing tax revenues 48 in an urban renewal area as provided in section 403.19 49 or a community college no longer dividing revenues as 50 -20- SF522.3208 (3) 84 mb 20/ 26
provided in section 260E.4. 1 (6) That portion of taxable property located in an 2 urban revitalization area on which an exemption was 3 allowed and such exemption has expired. 4 3. a. For the fiscal year beginning July 1, 2012, 5 and subsequent fiscal years, the maximum amount of 6 property tax dollars which may be certified for levy 7 by a city for the general fund shall be the maximum 8 property tax dollars calculated under paragraph “b” . 9 b. The maximum property tax dollars that may be 10 levied for deposit in the general fund is an amount 11 equal to the sum of the following: 12 (1) The annual growth factor times the current 13 fiscal year’s maximum property tax dollars for the 14 general fund. 15 (2) The amount of net new valuation taxes in the 16 city. 17 4. For purposes of calculating maximum property tax 18 dollars for the city general fund for the fiscal year 19 beginning July 1, 2012, only, the term “current fiscal 20 year’s maximum property tax dollars” shall mean the 21 total amount of property tax dollars certified by the 22 city for the city’s general fund for the fiscal year 23 beginning July 1, 2011. 24 5. Property taxes certified for deposit in the 25 debt service fund in section 384.4, trust and agency 26 funds in section 384.6, capital improvements reserve 27 fund in section 384.7, the emergency fund in section 28 384.8, any capital projects fund established by the 29 city for deposit of bond, loan, or note proceeds, 30 any temporary increase approved pursuant to section 31 384.12A, property taxes collected from a voted levy 32 in section 384.12, and property taxes levied under 33 section 384.12, subsection 18, are not counted against 34 the maximum amount of property tax dollars that may be 35 certified for a fiscal year under subsection 3. 36 6. Notwithstanding the maximum amount of taxes 37 a city may certify for levy, the tax levied by a 38 city on tracts of land and improvements on the 39 tracts of land used and assessed for agricultural or 40 horticultural purposes shall not exceed three dollars 41 and three-eighths cents per thousand dollars of 42 assessed value in any year. Improvements located on 43 such tracts of land and not used for agricultural or 44 horticultural purposes and all residential dwellings 45 are subject to the same rate of tax levied by the city 46 on all other taxable property within the city. 47 7. The department of management, in consultation 48 with the city finance committee, shall adopt rules 49 to administer this section. The department shall 50 -21- SF522.3208 (3) 84 mb 21/ 26
prescribe forms to be used by cities when making 1 calculations required by this section. 2 Sec. 26. NEW SECTION . 384.1B Ending fund balance. 3 1. a. Budgeted ending fund balances for a budget 4 year in excess of twenty-five percent of budgeted 5 expenditures from the general fund for that budget 6 year shall be explicitly reserved or designated for a 7 specific purpose. 8 b. A city is encouraged, but not required, to 9 reduce budgeted, unreserved, or undesignated ending 10 fund balances for the budget year to an amount equal 11 to approximately twenty-five percent of budgeted 12 expenditures and transfers from the general fund for 13 that budget year unless a decision is certified by the 14 state appeal board ordering a reduction in the ending 15 fund balance of the fund. 16 c. In a protest to the city budget under section 17 384.19, the city shall have the burden of proving 18 that the budgeted balances in excess of twenty-five 19 percent are reasonably likely to be appropriated for 20 the explicitly reserved or designated specific purpose. 21 The excess budgeted balance for the specific purpose 22 shall be considered an increase in an item in the 23 budget for purposes of section 24.28. 24 2. a. For a city that has, as of June 30, 25 2011, reduced its ending fund balance to less than 26 twenty-five percent of actual expenditures, additional 27 property taxes may be computed and levied as provided 28 in this subsection. The additional property tax levy 29 amount is an amount not to exceed the difference 30 between twenty-five percent of actual expenditures for 31 city government purposes for the fiscal year beginning 32 July 1, 2010, minus the ending fund balance for that 33 year. 34 b. All or a portion of additional property tax 35 dollars may be levied for the purpose of increasing 36 cash reserves for city government purposes in the 37 budget year. The additional property tax dollars 38 authorized under this subsection but not levied may be 39 carried forward as unused ending fund balance taxing 40 authority until and for the fiscal year beginning 41 July 1, 2017. The amount carried forward shall not 42 exceed twenty-five percent of the maximum amount of 43 property tax dollars available in the current fiscal 44 year. Additionally, property taxes that are levied 45 as unused ending fund balance taxing authority under 46 this subsection may be the subject of a protest under 47 section 384.19, and the amount will be considered an 48 increase in an item in the budget for purposes of 49 section 24.28. The amount of additional property tax 50 -22- SF522.3208 (3) 84 mb 22/ 26
dollars levied under this subsection shall not be 1 included in the computation of the maximum amount of 2 property tax dollars which may be certified and levied 3 under section 384.1. 4 Sec. 27. Section 384.12, subsection 20, Code 2011, 5 is amended by striking the subsection. 6 Sec. 28. NEW SECTION . 384.12A Authority to levy 7 beyond maximum property tax dollars. 8 1. The city council may certify additions to the 9 maximum amount of property tax dollars to be levied 10 for a period of time not to exceed two years if the 11 proposition has been submitted at a special election 12 and received a favorable majority of the votes cast on 13 the proposition. 14 2. The special election is subject to the 15 following: 16 a. The city council must give at least thirty-two 17 days’ notice to the county commissioner of elections 18 that the special election is to be held. In no 19 case, however, shall a notice be given to the county 20 commissioner of elections after December 31 for an 21 election on a proposition to exceed the statutory 22 limits during the fiscal year beginning in the next 23 calendar year. 24 b. The special election shall be conducted by the 25 county commissioner of elections in accordance with 26 law. 27 c. The proposition to be submitted shall be 28 substantially in the following form: 29 Vote “yes” or “no” on the following: Shall the city 30 of _______ levy for an additional $_______ each year 31 for ___ years beginning next July 1, ____, in excess of 32 the statutory limits otherwise applicable for the city 33 general fund? 34 d. The canvass shall be held beginning at 1:00 p.m. 35 on the second day which is not a holiday following the 36 special election. 37 e. Notice of the special election shall be 38 published at least once in a newspaper as specified 39 in section 362.3 prior to the date of the special 40 election. The notice shall appear as early as 41 practicable after the city council has voted to submit 42 a proposition to the voters to levy additional property 43 tax dollars. 44 3. The amount of additional property tax dollars 45 certified under this section shall not be included in 46 the computation of the maximum amount of property tax 47 dollars which may be certified and levied under section 48 384.1. 49 Sec. 29. Section 384.16, subsection 1, paragraph b, 50 -23- SF522.3208 (3) 84 mb 23/ 26
Code 2011, is amended to read as follows: 1 b. A budget must show comparisons between the 2 estimated expenditures in each program in the following 3 year, the latest estimated expenditures in each program 4 in the current year, and the actual expenditures in 5 each program from the annual report as provided in 6 section 384.22 , or as corrected by a subsequent audit 7 report. Wherever practicable, as provided in rules 8 of the committee, a budget must show comparisons 9 between the levels of service provided by each program 10 as estimated for the following year, and actual 11 levels of service provided by each program during 12 the two preceding years. For each city that has 13 established an urban renewal area, the budget shall 14 include estimated and actual tax increment financing 15 revenues and all estimated and actual expenditures of 16 the revenues, proceeds from debt and all estimated 17 and actual expenditures of the debt proceeds, and 18 identification of any entity receiving a direct payment 19 of taxes funded by tax increment financing revenues 20 and shall include the total amount of loans, advances, 21 indebtedness, or bonds outstanding at the close of 22 the most recently ended fiscal year, which qualify 23 for payment from the special fund created in section 24 403.19 , including interest negotiated on such loans, 25 advances, indebtedness, or bonds. The amount of loans, 26 advances, indebtedness, or bonds shall be listed in the 27 aggregate for each city reporting. The city finance 28 committee, in consultation with the department of 29 management and the legislative services agency, shall 30 determine reporting criteria and shall prepare a form 31 for reports filed with the department pursuant to this 32 section . The department shall make the information 33 available by electronic means. 34 Sec. 30. Section 384.19, Code 2011, is amended by 35 adding the following new unnumbered paragraph: 36 NEW UNNUMBERED PARAGRAPH . For purposes of a tax 37 protest filed under this section, “item” means a 38 budgeted expenditure, appropriation, or cash reserve 39 from a fund for a service area, program, program 40 element, or purpose. 41 Sec. 31. Section 386.8, Code 2011, is amended to 42 read as follows: 43 386.8 Operation tax. 44 A city may establish a self-supported improvement 45 district operation fund, and may certify taxes not 46 to exceed the rate limitation as established in the 47 ordinance creating the district, or any amendment 48 thereto, each year to be levied for the fund against 49 all of the property in the district, for the purpose 50 -24- SF522.3208 (3) 84 mb 24/ 26
of paying the administrative expenses of the district, 1 which may include but are not limited to administrative 2 personnel salaries, a separate administrative office, 3 planning costs including consultation fees, engineering 4 fees, architectural fees, and legal fees and all other 5 expenses reasonably associated with the administration 6 of the district and the fulfilling of the purposes of 7 the district. The taxes levied for this fund may also 8 be used for the purpose of paying maintenance expenses 9 of improvements or self-liquidating improvements for a 10 specified length of time with one or more options to 11 renew if such is clearly stated in the petition which 12 requests the council to authorize construction of the 13 improvement or self-liquidating improvement, whether 14 or not such petition is combined with the petition 15 requesting creation of a district. Parcels of property 16 which are assessed as residential property for property 17 tax purposes are exempt from the tax levied under this 18 section except residential properties within a duly 19 designated historic district. A tax levied under 20 this section is not subject to the levy limitation in 21 section 384.1 . 22 Sec. 32. Section 386.9, Code 2011, is amended to 23 read as follows: 24 386.9 Capital improvement tax. 25 A city may establish a capital improvement fund 26 for a district and may certify taxes, not to exceed 27 the rate established by the ordinance creating the 28 district, or any subsequent amendment thereto, 29 each year to be levied for the fund against all of 30 the property in the district, for the purpose of 31 accumulating moneys for the financing or payment 32 of a part or all of the costs of any improvement or 33 self-liquidating improvement. However, parcels of 34 property which are assessed as residential property 35 for property tax purposes are exempt from the tax 36 levied under this section except residential properties 37 within a duly designated historic district. A tax 38 levied under this section is not subject to the levy 39 limitations in section 384.1 or 384.7 . 40 Sec. 33. REPEAL. Sections 331.425 and 331.426, 41 Code 2011, are repealed. 42 Sec. 34. APPLICABILITY. This division of this Act 43 applies to fiscal years beginning on or after July 1, 44 2012. > 45 2. Title page, by striking lines 1 through 3 46 and inserting < An Act relating to state and local 47 government finances by increasing the regular program 48 foundation base, establishing property tax levy limits 49 for cities and counties, establishing certain property 50 -25- SF522.3208 (3) 84 mb 25/ 26
subclassifications, establishing certain property 1 assessment limitations, modifying certain property 2 tax classifications, and including applicability 3 provisions. > 4 -26- SF522.3208 (3) 84 mb 26/ 26