CCS-295
REPORT
OF
THE
CONFERENCE
COMMITTEE
ON
SENATE
FILE
295
To
the
President
of
the
Senate
and
the
Speaker
of
the
House
of
Representatives.
We,
the
undersigned
members
of
the
conference
committee
appointed
to
resolve
the
differences
between
the
Senate
and
House
of
Representatives
on
Senate
File
295,
a
bill
for
an
Act
establishing
a
property
tax
credit
for
commercial,
industrial,
and
railway
property,
providing
penalties,
making
appropriations,
and
including
implementation
and
applicability
provisions,
respectfully
make
the
following
report:
1.
That
the
House
recedes
from
its
amendment,
S-3166.
2.
That
Senate
File
295,
as
passed
by
the
Senate,
is
amended
to
read
as
follows:
1.
By
striking
everything
after
the
enacting
clause
and
inserting:
<
DIVISION
I
BUSINESS
PROPERTY
TAX
CREDIT
Section
1.
Section
331.512,
Code
2013,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4A.
Carry
out
duties
relating
to
the
business
property
tax
credit
as
provided
in
chapter
426C.
Sec.
2.
Section
331.559,
Code
2013,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
14A.
Carry
out
duties
relating
to
the
business
property
tax
credit
as
provided
in
chapter
426C.
Sec.
3.
NEW
SECTION
.
426C.1
Definitions.
For
the
purposes
of
this
chapter,
unless
the
context
otherwise
requires:
1.
“Contiguous
parcels”
means
any
of
the
following:
a.
Parcels
that
share
a
common
boundary.
b.
Parcels
within
the
same
building
or
structure
regardless
of
whether
the
parcels
share
a
common
boundary.
c.
Permanent
improvements
to
the
land
that
are
situated
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on
one
or
more
parcels
of
land
that
are
assessed
and
taxed
separately
from
the
permanent
improvements
if
the
parcels
of
land
upon
which
the
permanent
improvements
are
situated
share
a
common
boundary.
2.
“Department”
means
the
department
of
revenue.
3.
“Fund”
means
the
business
property
tax
credit
fund
created
in
section
426C.2.
4.
“Parcel”
means
as
defined
in
section
445.1
and,
for
purposes
of
business
property
tax
credits
claimed
for
fiscal
years
beginning
on
or
after
January
1,
2016,
“parcel”
also
means
that
portion
of
a
parcel
assigned
to
be
commercial
property,
industrial
property,
or
railway
property
under
chapter
434
pursuant
to
section
441.21,
subsection
13,
paragraph
“c”
.
5.
“Property
unit”
means
contiguous
parcels
all
of
which
are
located
within
the
same
county,
with
the
same
property
tax
classification,
are
owned
by
the
same
person,
and
are
operated
by
that
person
for
a
common
use
and
purpose.
Sec.
4.
NEW
SECTION
.
426C.2
Business
property
tax
credit
fund
——
appropriation.
1.
A
business
property
tax
credit
fund
is
created
in
the
state
treasury
under
the
authority
of
the
department.
For
the
fiscal
year
beginning
July
1,
2014,
there
is
appropriated
from
the
general
fund
of
the
state
to
the
department
to
be
credited
to
the
fund,
the
sum
of
fifty
million
dollars
to
be
used
for
business
property
tax
credits
authorized
in
this
chapter.
For
the
fiscal
year
beginning
July
1,
2015,
there
is
appropriated
from
the
general
fund
of
the
state
to
the
department
to
be
credited
to
the
fund,
the
sum
of
one
hundred
million
dollars
to
be
used
for
business
property
tax
credits
authorized
in
this
chapter.
For
the
fiscal
year
beginning
July
1,
2016,
and
each
fiscal
year
thereafter,
there
is
appropriated
from
the
general
fund
of
the
state
to
the
department
to
be
credited
to
the
fund,
the
sum
of
one
hundred
twenty-five
million
dollars
to
be
used
for
business
property
tax
credits
authorized
in
this
chapter.
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2.
Notwithstanding
section
12C.7,
subsection
2,
interest
or
earnings
on
moneys
deposited
in
the
fund
shall
be
credited
to
the
fund.
Moneys
in
the
fund
are
not
subject
to
the
provisions
of
section
8.33
and
shall
not
be
transferred,
used,
obligated,
appropriated,
or
otherwise
encumbered
except
as
provided
in
this
chapter.
Sec.
5.
NEW
SECTION
.
426C.3
Claims
for
credit.
1.
Each
person
who
wishes
to
claim
the
credit
allowed
under
this
chapter
shall
obtain
the
appropriate
forms
from
the
assessor
and
file
the
claim
with
the
assessor.
The
director
of
revenue
shall
prescribe
suitable
forms
and
instructions
for
such
claims,
and
make
such
forms
and
instructions
available
to
the
assessors.
2.
a.
Claims
for
the
business
property
tax
credit
shall
be
filed
not
later
than
March
15
preceding
the
fiscal
year
during
which
the
taxes
for
which
the
credit
is
claimed
are
due
and
payable.
b.
A
claim
for
credit
filed
after
the
deadline
for
filing
claims
shall
be
considered
as
a
claim
for
the
following
year.
3.
Upon
the
filing
of
a
claim
and
allowance
of
the
credit,
the
credit
shall
be
allowed
on
the
parcel
or
property
unit
for
successive
years
without
further
filing
as
long
as
the
parcel
or
property
unit
satisfies
the
requirements
for
the
credit.
If
the
parcel
or
property
unit
ceases
to
qualify
for
the
credit
under
this
chapter,
the
owner
shall
provide
written
notice
to
the
assessor
by
the
date
for
filing
claims
specified
in
subsection
2
following
the
date
on
which
the
parcel
or
property
unit
ceases
to
qualify
for
the
credit.
4.
The
assessor
shall
remit
the
claims
for
credit
to
the
county
auditor
with
the
assessor’s
recommendation
for
allowance
or
disallowance.
If
the
assessor
recommends
disallowance
of
a
claim,
the
assessor
shall
submit
the
reasons
for
the
recommendation,
in
writing,
to
the
county
auditor.
The
county
auditor
shall
forward
the
claims
and
recommendations
to
the
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board
of
supervisors.
The
board
shall
allow
or
disallow
the
claims.
5.
For
each
claim
and
allowance
of
a
credit
for
a
property
unit,
the
county
auditor
shall
calculate
the
average
of
all
consolidated
levy
rates
applicable
to
the
several
parcels
within
the
property
unit.
All
claims
for
credit
which
have
been
allowed
by
the
board
of
supervisors,
the
actual
value
of
such
parcels
and
property
units
applicable
to
the
fiscal
year
for
which
the
credit
is
claimed
that
are
subject
to
assessment
and
taxation
prior
to
imposition
of
any
applicable
assessment
limitation,
the
consolidated
levy
rates
for
such
parcels
and
the
average
consolidated
levy
rates
for
such
property
units
applicable
to
the
fiscal
year
for
which
the
credit
is
claimed,
and
the
taxing
districts
in
which
the
parcel
or
property
unit
is
located,
shall
be
certified
on
or
before
June
30,
in
each
year,
by
the
county
auditor
to
the
department.
6.
The
assessor
shall
maintain
a
permanent
file
of
current
business
property
tax
credits.
The
assessor
shall
file
a
notice
of
transfer
of
property
for
which
a
credit
has
been
allowed
when
notice
is
received
from
the
office
of
the
county
recorder,
from
the
person
who
sold
or
transferred
the
property,
or
from
the
personal
representative
of
a
deceased
property
owner.
The
county
recorder
shall
give
notice
to
the
assessor
of
each
transfer
of
title
filed
in
the
recorder’s
office.
The
notice
from
the
county
recorder
shall
describe
the
property
transferred,
the
name
of
the
person
transferring
title
to
the
property,
and
the
name
of
the
person
to
whom
title
to
the
property
has
been
transferred.
7.
When
all
or
a
portion
of
a
parcel
or
property
unit
that
is
allowed
a
credit
under
this
chapter
is
sold,
transferred,
or
ownership
otherwise
changes,
the
buyer,
transferee,
or
new
owner
who
wishes
to
receive
the
credit
shall
refile
the
claim
for
credit.
In
addition,
when
a
portion
of
a
parcel
or
property
unit
that
is
allowed
a
credit
under
this
chapter
is
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sold,
transferred,
or
ownership
otherwise
changes,
the
owner
of
the
portion
of
the
parcel
or
property
unit
for
which
ownership
did
not
change
shall
refile
the
claim
for
credit.
Sec.
6.
NEW
SECTION
.
426C.4
Eligibility
and
amount
of
credit.
1.
a.
Except
as
provided
in
paragraph
“b”
,
parcels
classified
and
taxed
as
commercial
property,
industrial
property,
or
railway
property
under
chapter
434
are
eligible
for
a
credit
under
this
chapter.
A
person
may
claim
and
receive
one
credit
under
this
chapter
for
each
eligible
parcel
unless
the
parcel
is
part
of
a
property
unit
for
which
a
credit
is
claimed.
A
person
may
claim
and
receive
one
credit
under
this
chapter
for
each
property
unit.
A
credit
approved
for
a
property
unit
shall
be
allocated
to
the
several
parcels
within
the
property
unit
in
the
proportion
that
each
parcel’s
total
amount
of
property
taxes
due
and
payable
bears
to
the
total
amount
of
property
taxes
due
and
payable
on
the
property
unit.
Only
property
units
comprised
of
property
assessed
as
commercial
property,
industrial
property,
or
railway
property
under
chapter
434
are
eligible
for
a
credit
under
this
chapter.
The
classification
of
property
used
to
determine
eligibility
for
the
credit
under
this
chapter
shall
be
the
classification
of
the
property
for
the
assessment
year
used
to
calculate
the
taxes
due
and
payable
in
the
fiscal
year
for
which
the
credit
is
claimed.
b.
All
of
the
following
shall
not
be
eligible
to
receive
a
credit
under
this
chapter
or
be
part
of
a
property
unit
that
receives
a
credit
under
this
chapter:
(1)
Property
that
is
rented
or
leased
to
low-income
individuals
and
families
as
authorized
by
section
42
of
the
Internal
Revenue
Code,
as
amended,
and
that
is
subject
to
assessment
procedures
relating
to
section
42
property
under
section
441.21,
subsection
2,
for
the
applicable
assessment
year.
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(2)
For
credits
claimed
for
the
fiscal
year
beginning
July
1,
2014,
and
the
fiscal
year
beginning
July
1,
2015,
property
that
is
a
mobile
home
park,
manufactured
home
community,
land-leased
community,
assisted
living
facility,
as
those
terms
are
defined
in
section
441.21,
subsection
13,
as
enacted
in
division
III
of
this
Act,
or
that
is
property
primarily
used
or
intended
for
human
habitation
containing
three
or
more
separate
dwelling
units.
2.
Using
the
actual
value
of
each
parcel
or
property
unit
and
the
consolidated
levy
rate
for
each
parcel
or
the
average
consolidated
levy
rate
for
each
property
unit,
as
certified
by
the
county
auditor
to
the
department
under
section
426C.3,
subsection
5,
the
department
shall
calculate,
for
each
fiscal
year,
an
initial
amount
of
actual
value
for
use
in
determining
the
amount
of
the
credit
for
each
such
parcel
or
property
unit
so
as
to
provide
the
maximum
possible
credit
according
to
the
credit
formula
and
limitations
under
subsection
3,
and
to
provide
a
total
dollar
amount
of
credits
against
the
taxes
due
and
payable
in
the
fiscal
year
equal
to
ninety-eight
percent
of
the
moneys
in
the
fund
following
the
deposit
of
the
appropriation
for
the
fiscal
year
and
including
interest
or
earnings
credited
to
the
fund.
3.
a.
The
amount
of
the
credit
for
each
parcel
or
property
unit
for
which
a
claim
for
credit
under
this
chapter
has
been
approved
shall
be
calculated
under
paragraph
“b”
using
the
lesser
of
the
initial
amount
of
actual
value
determined
by
the
department
under
subsection
2,
and
the
amount
of
actual
value
of
the
parcel
or
property
unit
certified
by
the
county
auditor
under
section
426C.3,
subsection
5.
b.
The
amount
of
the
credit
for
each
parcel
or
property
unit
for
which
a
claim
for
credit
under
this
chapter
has
been
approved
shall
be
equal
to
the
product
of
the
amount
of
actual
value
determined
under
paragraph
“a”
times
the
difference,
stated
as
a
percentage,
between
the
assessment
limitation
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percentage
applicable
to
the
parcel
or
property
unit
under
section
441.21,
subsection
5,
and
the
assessment
limitation
percentage
applicable
to
residential
property
under
section
441.21,
subsection
4,
divided
by
one
thousand
dollars,
and
then
multiplied
by
the
consolidated
levy
rate
or
average
consolidated
levy
rate
per
one
thousand
dollars
of
taxable
value
applicable
to
the
parcel
or
property
unit
for
the
fiscal
year
for
which
the
credit
is
claimed
as
certified
by
the
county
auditor
under
section
426C.3,
subsection
5.
Sec.
7.
NEW
SECTION
.
426C.5
Payment
to
counties.
1.
Annually
the
department
shall
certify
to
the
county
auditor
of
each
county
the
amounts
of
the
business
property
tax
credits
allowed
in
the
county.
Each
county
auditor
shall
then
enter
the
credits
against
the
tax
levied
on
each
eligible
parcel
or
property
unit
in
the
county,
designating
on
the
tax
lists
the
credit
as
being
paid
from
the
fund.
Each
taxing
district
shall
receive
its
share
of
the
business
property
tax
credit
allowed
on
each
eligible
parcel
or
property
unit
in
such
taxing
district
in
the
proportion
that
the
levy
made
by
such
taxing
district
upon
the
parcel
or
property
unit
bears
to
the
total
levy
upon
the
parcel
or
property
unit
by
all
taxing
districts.
However,
the
several
taxing
districts
shall
not
draw
the
moneys
so
credited
until
after
the
semiannual
allocations
have
been
received
by
the
county
treasurer,
as
provided
in
this
section.
Each
county
treasurer
shall
show
on
each
taxpayer
receipt
the
amount
of
credit
received
from
the
fund.
2.
The
director
of
revenue
shall
authorize
the
department
of
administrative
services
to
draw
warrants
on
the
fund
payable
to
the
county
treasurers
of
the
several
counties
of
the
state
in
the
amounts
certified
by
the
department.
3.
The
amount
due
each
county
shall
be
paid
in
two
payments
on
November
15
and
March
15
of
each
fiscal
year,
drawn
upon
warrants
payable
to
the
respective
county
treasurers.
The
two
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payments
shall
be
as
nearly
equal
as
possible.
Sec.
8.
NEW
SECTION
.
426C.6
Appeals.
1.
If
the
board
of
supervisors
disallows
a
claim
for
credit
under
section
426C.3,
subsection
4,
the
board
of
supervisors
shall
send
written
notice,
by
mail,
to
the
claimant
at
the
claimant’s
last
known
address.
The
notice
shall
state
the
reasons
for
disallowing
the
claim
for
the
credit.
The
board
of
supervisors
is
not
required
to
send
notice
that
a
claim
for
credit
is
disallowed
if
the
claimant
voluntarily
withdraws
the
claim.
Any
person
whose
claim
is
disallowed
under
the
provisions
of
this
chapter
may
appeal
from
the
action
of
the
board
of
supervisors
to
the
district
court
of
the
county
in
which
the
parcel
or
property
unit
is
located
by
giving
written
notice
of
such
appeal
to
the
county
auditor
within
twenty
days
from
the
date
of
mailing
of
notice
of
such
action
by
the
board
of
supervisors.
2.
If
a
claim
for
credit
is
disallowed
by
the
board
of
supervisors,
and
such
action
is
subsequently
reversed
on
appeal,
the
credit
shall
be
allowed
on
the
applicable
parcel
or
property
unit,
and
the
director
of
revenue,
the
county
auditor,
and
the
county
treasurer
shall
provide
the
credit
and
change
their
books
and
records
accordingly.
In
the
event
the
claimant
has
paid
one
or
both
of
the
installments
of
the
tax
payable
in
the
year
or
years
in
question,
remittance
shall
be
made
to
the
claimant
of
the
amount
of
such
credit.
The
amount
of
such
credit
awarded
on
appeal
shall
be
allocated
and
paid
from
the
balance
remaining
in
the
fund.
Sec.
9.
NEW
SECTION
.
426C.7
Audit
——
recalculation
or
denial.
1.
If
on
the
audit
of
a
credit
provided
under
this
chapter,
the
director
of
revenue
determines
the
amount
of
the
credit
to
have
been
incorrectly
calculated
or
that
the
credit
is
not
allowable,
the
director
shall
recalculate
the
credit
and
notify
the
claimant
and
the
county
auditor
of
the
recalculation
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or
denial
and
the
reasons
for
it.
The
director
shall
not
adjust
a
credit
after
three
years
from
October
31
of
the
year
in
which
the
claim
for
the
credit
was
filed.
If
the
credit
has
been
paid,
the
director
shall
give
notification
to
the
claimant,
the
county
treasurer,
and
the
applicable
assessor
of
the
recalculation
or
denial
of
the
credit
and
the
county
treasurer
shall
proceed
to
collect
the
tax
owed
in
the
same
manner
as
other
property
taxes
due
and
payable
are
collected,
if
the
parcel
or
property
unit
for
which
the
credit
was
allowed
is
still
owned
by
the
claimant.
If
the
parcel
or
property
unit
for
which
the
credit
was
allowed
is
not
owned
by
the
claimant,
the
amount
may
be
recovered
from
the
claimant
by
assessment
in
the
same
manner
that
income
taxes
are
assessed
under
sections
422.26
and
422.30.
The
amount
of
such
erroneous
credit,
when
collected,
shall
be
deposited
in
the
fund.
2.
The
claimant
or
board
of
supervisors
may
appeal
any
decision
of
the
director
of
revenue
to
the
state
board
of
tax
review
pursuant
to
section
421.1,
subsection
5.
The
claimant,
the
board
of
supervisors,
or
the
director
of
revenue
may
seek
judicial
review
of
the
action
of
the
state
board
of
tax
review
in
accordance
with
chapter
17A.
Sec.
10.
NEW
SECTION
.
426C.8
False
claim
——
penalty.
A
person
who
makes
a
false
claim
for
the
purpose
of
obtaining
a
credit
provided
for
in
this
chapter
or
who
knowingly
receives
the
credit
without
being
legally
entitled
to
it
is
guilty
of
a
fraudulent
practice.
The
claim
for
a
credit
of
such
a
person
shall
be
disallowed
and
if
the
credit
has
been
paid
the
amount
shall
be
recovered
in
the
manner
provided
in
section
426C.7.
In
such
cases,
the
director
of
revenue
shall
send
a
notice
of
disallowance
of
the
credit.
Sec.
11.
NEW
SECTION
.
426C.9
Rules.
The
director
of
revenue
shall
prescribe
forms,
instructions,
and
rules
as
necessary,
pursuant
to
chapter
17A,
to
carry
out
and
effectuate
the
purposes
of
this
chapter.
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Sec.
12.
IMPLEMENTATION.
Notwithstanding
the
deadline
for
filing
claims
established
in
section
426C.3,
for
a
credit
against
property
taxes
due
and
payable
during
the
fiscal
year
beginning
July
1,
2014,
the
claim
for
the
credit
shall
be
filed
not
later
than
January
15,
2014.
Sec.
13.
APPLICABILITY.
This
division
of
this
Act
applies
to
property
taxes
due
and
payable
in
fiscal
years
beginning
on
or
after
July
1,
2014.
DIVISION
II
PROPERTY
ASSESSMENT
LIMITATION
AND
REPLACEMENT
Sec.
14.
Section
257.3,
subsection
1,
Code
2013,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
d.
The
amount
paid
to
each
school
district
for
the
commercial
and
industrial
property
tax
replacement
claim
under
section
441.21A
shall
be
regarded
as
property
tax.
The
portion
of
the
payment
which
is
foundation
property
tax
shall
be
determined
by
applying
the
foundation
property
tax
rate
to
the
amount
computed
under
section
441.21A,
subsection
4,
paragraph
“a”
,
and
such
amount
shall
be
prorated
pursuant
to
section
441.21A,
subsection
2,
if
applicable.
Sec.
15.
Section
331.512,
Code
2013,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
13A.
Carry
out
duties
relating
to
the
calculation
and
payment
of
commercial
and
industrial
property
tax
replacement
claims
under
section
441.21A.
Sec.
16.
Section
331.559,
Code
2013,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
25A.
Carry
out
duties
relating
to
the
calculation
and
payment
of
commercial
and
industrial
property
tax
replacement
claims
under
section
441.21A.
Sec.
17.
Section
441.21,
subsection
4,
Code
2013,
is
amended
to
read
as
follows:
4.
For
valuations
established
as
of
January
1,
1979,
the
percentage
of
actual
value
at
which
agricultural
and
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residential
property
shall
be
assessed
shall
be
the
quotient
of
the
dividend
and
divisor
as
defined
in
this
section
.
The
dividend
for
each
class
of
property
shall
be
the
dividend
as
determined
for
each
class
of
property
for
valuations
established
as
of
January
1,
1978,
adjusted
by
the
product
obtained
by
multiplying
the
percentage
determined
for
that
year
by
the
amount
of
any
additions
or
deletions
to
actual
value,
excluding
those
resulting
from
the
revaluation
of
existing
properties,
as
reported
by
the
assessors
on
the
abstracts
of
assessment
for
1978,
plus
six
percent
of
the
amount
so
determined.
However,
if
the
difference
between
the
dividend
so
determined
for
either
class
of
property
and
the
dividend
for
that
class
of
property
for
valuations
established
as
of
January
1,
1978,
adjusted
by
the
product
obtained
by
multiplying
the
percentage
determined
for
that
year
by
the
amount
of
any
additions
or
deletions
to
actual
value,
excluding
those
resulting
from
the
revaluation
of
existing
properties,
as
reported
by
the
assessors
on
the
abstracts
of
assessment
for
1978,
is
less
than
six
percent,
the
1979
dividend
for
the
other
class
of
property
shall
be
the
dividend
as
determined
for
that
class
of
property
for
valuations
established
as
of
January
1,
1978,
adjusted
by
the
product
obtained
by
multiplying
the
percentage
determined
for
that
year
by
the
amount
of
any
additions
or
deletions
to
actual
value,
excluding
those
resulting
from
the
revaluation
of
existing
properties,
as
reported
by
the
assessors
on
the
abstracts
of
assessment
for
1978,
plus
a
percentage
of
the
amount
so
determined
which
is
equal
to
the
percentage
by
which
the
dividend
as
determined
for
the
other
class
of
property
for
valuations
established
as
of
January
1,
1978,
adjusted
by
the
product
obtained
by
multiplying
the
percentage
determined
for
that
year
by
the
amount
of
any
additions
or
deletions
to
actual
value,
excluding
those
resulting
from
the
revaluation
of
existing
properties,
as
reported
by
the
assessors
on
the
abstracts
of
assessment
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CCS-295
for
1978,
is
increased
in
arriving
at
the
1979
dividend
for
the
other
class
of
property.
The
divisor
for
each
class
of
property
shall
be
the
total
actual
value
of
all
such
property
in
the
state
in
the
preceding
year,
as
reported
by
the
assessors
on
the
abstracts
of
assessment
submitted
for
1978,
plus
the
amount
of
value
added
to
said
total
actual
value
by
the
revaluation
of
existing
properties
in
1979
as
equalized
by
the
director
of
revenue
pursuant
to
section
441.49
.
The
director
shall
utilize
information
reported
on
abstracts
of
assessment
submitted
pursuant
to
section
441.45
in
determining
such
percentage.
For
valuations
established
as
of
January
1,
1980,
and
each
assessment
year
thereafter
beginning
before
January
1,
2013
,
the
percentage
of
actual
value
as
equalized
by
the
director
of
revenue
as
provided
in
section
441.49
at
which
agricultural
and
residential
property
shall
be
assessed
shall
be
calculated
in
accordance
with
the
methods
provided
herein
in
this
subsection,
including
the
limitation
of
increases
in
agricultural
and
residential
assessed
values
to
the
percentage
increase
of
the
other
class
of
property
if
the
other
class
increases
less
than
the
allowable
limit
adjusted
to
include
the
applicable
and
current
values
as
equalized
by
the
director
of
revenue,
except
that
any
references
to
six
percent
in
this
subsection
shall
be
four
percent.
For
valuations
established
as
of
January
1,
2013,
and
each
assessment
year
thereafter,
the
percentage
of
actual
value
as
equalized
by
the
director
of
revenue
as
provided
in
section
441.49
at
which
agricultural
and
residential
property
shall
be
assessed
shall
be
calculated
in
accordance
with
the
methods
provided
in
this
subsection,
including
the
limitation
of
increases
in
agricultural
and
residential
assessed
values
to
the
percentage
increase
of
the
other
class
of
property
if
the
other
class
increases
less
than
the
allowable
limit
adjusted
to
include
the
applicable
and
current
values
as
equalized
by
the
director
of
revenue,
except
that
any
references
to
six
percent
in
this
subsection
shall
be
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three
percent.
Sec.
18.
Section
441.21,
subsection
5,
Code
2013,
is
amended
to
read
as
follows:
5.
a.
For
valuations
established
as
of
January
1,
1979,
commercial
property
and
industrial
property,
excluding
properties
referred
to
in
section
427A.1,
subsection
8
,
shall
be
assessed
as
a
percentage
of
the
actual
value
of
each
class
of
property.
The
percentage
shall
be
determined
for
each
class
of
property
by
the
director
of
revenue
for
the
state
in
accordance
with
the
provisions
of
this
section
.
For
valuations
established
as
of
January
1,
1979,
the
percentage
shall
be
the
quotient
of
the
dividend
and
divisor
as
defined
in
this
section
.
The
dividend
for
each
class
of
property
shall
be
the
total
actual
valuation
for
each
class
of
property
established
for
1978,
plus
six
percent
of
the
amount
so
determined.
The
divisor
for
each
class
of
property
shall
be
the
valuation
for
each
class
of
property
established
for
1978,
as
reported
by
the
assessors
on
the
abstracts
of
assessment
for
1978,
plus
the
amount
of
value
added
to
the
total
actual
value
by
the
revaluation
of
existing
properties
in
1979
as
equalized
by
the
director
of
revenue
pursuant
to
section
441.49
.
For
valuations
established
as
of
January
1,
1979,
property
valued
by
the
department
of
revenue
pursuant
to
chapters
428
,
433
,
437
,
and
438
shall
be
considered
as
one
class
of
property
and
shall
be
assessed
as
a
percentage
of
its
actual
value.
The
percentage
shall
be
determined
by
the
director
of
revenue
in
accordance
with
the
provisions
of
this
section
.
For
valuations
established
as
of
January
1,
1979,
the
percentage
shall
be
the
quotient
of
the
dividend
and
divisor
as
defined
in
this
section
.
The
dividend
shall
be
the
total
actual
valuation
established
for
1978
by
the
department
of
revenue,
plus
ten
percent
of
the
amount
so
determined.
The
divisor
for
property
valued
by
the
department
of
revenue
pursuant
to
chapters
428
,
433
,
437
,
and
438
shall
be
the
valuation
established
for
1978,
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plus
the
amount
of
value
added
to
the
total
actual
value
by
the
revaluation
of
the
property
by
the
department
of
revenue
as
of
January
1,
1979.
For
valuations
established
as
of
January
1,
1980,
commercial
property
and
industrial
property,
excluding
properties
referred
to
in
section
427A.1,
subsection
8
,
shall
be
assessed
at
a
percentage
of
the
actual
value
of
each
class
of
property.
The
percentage
shall
be
determined
for
each
class
of
property
by
the
director
of
revenue
for
the
state
in
accordance
with
the
provisions
of
this
section
.
For
valuations
established
as
of
January
1,
1980,
the
percentage
shall
be
the
quotient
of
the
dividend
and
divisor
as
defined
in
this
section
.
The
dividend
for
each
class
of
property
shall
be
the
dividend
as
determined
for
each
class
of
property
for
valuations
established
as
of
January
1,
1979,
adjusted
by
the
product
obtained
by
multiplying
the
percentage
determined
for
that
year
by
the
amount
of
any
additions
or
deletions
to
actual
value,
excluding
those
resulting
from
the
revaluation
of
existing
properties,
as
reported
by
the
assessors
on
the
abstracts
of
assessment
for
1979,
plus
four
percent
of
the
amount
so
determined.
The
divisor
for
each
class
of
property
shall
be
the
total
actual
value
of
all
such
property
in
1979,
as
equalized
by
the
director
of
revenue
pursuant
to
section
441.49
,
plus
the
amount
of
value
added
to
the
total
actual
value
by
the
revaluation
of
existing
properties
in
1980.
The
director
shall
utilize
information
reported
on
the
abstracts
of
assessment
submitted
pursuant
to
section
441.45
in
determining
such
percentage.
For
valuations
established
as
of
January
1,
1980,
property
valued
by
the
department
of
revenue
pursuant
to
chapters
428
,
433
,
437
,
and
438
shall
be
assessed
at
a
percentage
of
its
actual
value.
The
percentage
shall
be
determined
by
the
director
of
revenue
in
accordance
with
the
provisions
of
this
section
.
For
valuations
established
as
of
January
1,
1980,
the
percentage
shall
be
the
quotient
of
the
dividend
and
divisor
as
defined
in
this
section
.
The
dividend
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shall
be
the
total
actual
valuation
established
for
1979
by
the
department
of
revenue,
plus
eight
percent
of
the
amount
so
determined.
The
divisor
for
property
valued
by
the
department
of
revenue
pursuant
to
chapters
428
,
433
,
437
,
and
438
shall
be
the
valuation
established
for
1979,
plus
the
amount
of
value
added
to
the
total
actual
value
by
the
revaluation
of
the
property
by
the
department
of
revenue
as
of
January
1,
1980.
For
valuations
established
as
of
January
1,
1981,
and
each
year
thereafter,
the
percentage
of
actual
value
as
equalized
by
the
director
of
revenue
as
provided
in
section
441.49
at
which
commercial
property
and
industrial
property,
excluding
properties
referred
to
in
section
427A.1,
subsection
8
,
shall
be
assessed
shall
be
calculated
in
accordance
with
the
methods
provided
herein,
except
that
any
references
to
six
percent
in
this
subsection
shall
be
four
percent.
For
valuations
established
as
of
January
1,
1981,
and
each
year
thereafter,
the
percentage
of
actual
value
at
which
property
valued
by
the
department
of
revenue
pursuant
to
chapters
428
,
433
,
437
,
and
438
shall
be
assessed
shall
be
calculated
in
accordance
with
the
methods
provided
herein,
except
that
any
references
to
ten
percent
in
this
subsection
shall
be
eight
percent.
Beginning
with
valuations
established
as
of
January
1,
1979,
and
each
year
thereafter,
property
valued
by
the
department
of
revenue
pursuant
to
chapter
434
shall
also
be
assessed
at
a
percentage
of
its
actual
value
which
percentage
shall
be
equal
to
the
percentage
determined
by
the
director
of
revenue
for
commercial
property,
industrial
property,
or
property
valued
by
the
department
of
revenue
pursuant
to
chapters
428
,
433
,
437
,
and
438
,
whichever
is
lowest.
For
valuations
established
on
or
after
January
1,
2013,
property
valued
by
the
department
of
revenue
pursuant
to
chapter
434
shall
be
assessed
at
a
percentage
of
its
actual
value
equal
to
the
percentage
of
actual
value
at
which
property
assessed
as
commercial
property
is
assessed
under
paragraph
“b”
for
the
same
assessment
year.
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b.
For
valuations
established
on
or
after
January
1,
2013,
commercial
property,
excluding
properties
referred
to
in
section
427A.1,
subsection
8,
shall
be
assessed
at
a
percentage
of
its
actual
value,
as
determined
in
this
paragraph
“b”
.
For
valuations
established
for
the
assessment
year
beginning
January
1,
2013,
the
percentage
of
actual
value
as
equalized
by
the
director
of
revenue
as
provided
in
section
441.49
at
which
commercial
property
shall
be
assessed
shall
be
ninety-five
percent.
For
valuations
established
for
the
assessment
year
beginning
January
1,
2014,
and
each
assessment
year
thereafter,
the
percentage
of
actual
value
as
equalized
by
the
director
of
revenue
as
provided
in
section
441.49
at
which
commercial
property
shall
be
assessed
shall
be
ninety
percent.
c.
For
valuations
established
on
or
after
January
1,
2013,
industrial
property,
excluding
properties
referred
to
in
section
427A.1,
subsection
8,
shall
be
assessed
at
a
percentage
of
its
actual
value,
as
determined
in
this
paragraph
“c”
.
For
valuations
established
for
the
assessment
year
beginning
January
1,
2013,
the
percentage
of
actual
value
as
equalized
by
the
director
of
revenue
as
provided
in
section
441.49
at
which
industrial
property
shall
be
assessed
shall
be
ninety-five
percent.
For
valuations
established
for
the
assessment
year
beginning
January
1,
2014,
and
each
assessment
year
thereafter,
the
percentage
of
actual
value
as
equalized
by
the
director
of
revenue
as
provided
in
section
441.49
at
which
industrial
property
shall
be
assessed
shall
be
ninety
percent.
Sec.
19.
Section
441.21,
subsections
9
and
10,
Code
2013,
are
amended
to
read
as
follows:
9.
Not
later
than
November
1,
1979,
and
November
1
of
each
subsequent
year,
the
director
shall
certify
to
the
county
auditor
of
each
county
the
percentages
of
actual
value
at
which
residential
property,
agricultural
property,
commercial
property,
industrial
property,
property
valued
by
the
department
of
revenue
pursuant
to
chapter
434,
and
property
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valued
by
the
department
of
revenue
pursuant
to
chapters
428
,
433
,
434
,
437
,
and
438
in
each
assessing
jurisdiction
in
the
county
shall
be
assessed
for
taxation.
The
county
auditor
shall
proceed
to
determine
the
assessed
values
of
agricultural
property,
residential
property,
commercial
property,
industrial
property,
property
valued
by
the
department
of
revenue
pursuant
to
chapter
434,
and
property
valued
by
the
department
of
revenue
pursuant
to
chapters
428
,
433
,
434
,
437
,
and
438
by
applying
such
percentages
to
the
current
actual
value
of
such
property,
as
reported
to
the
county
auditor
by
the
assessor,
and
the
assessed
values
so
determined
shall
be
the
taxable
values
of
such
properties
upon
which
the
levy
shall
be
made.
10.
The
percentage
of
actual
value
computed
by
the
director
for
agricultural
property,
residential
property,
commercial
property,
industrial
property
,
property
valued
by
the
department
of
revenue
pursuant
to
chapter
434,
and
property
valued
by
the
department
of
revenue
pursuant
to
chapters
428
,
433
,
434
,
437
,
and
438
and
used
to
determine
assessed
values
of
those
classes
of
property
does
not
constitute
a
rule
as
defined
in
section
17A.2,
subsection
11
.
Sec.
20.
NEW
SECTION
.
441.21A
Commercial
and
industrial
property
tax
replacement
——
replacement
claims.
1.
a.
For
each
fiscal
year
beginning
on
or
after
July
1,
2014,
there
is
appropriated
from
the
general
fund
of
the
state
to
the
department
of
revenue
an
amount
necessary
for
the
payment
of
all
commercial
and
industrial
property
tax
replacement
claims
under
this
section
for
the
fiscal
year.
However,
for
a
fiscal
year
beginning
on
or
after
July
1,
2017,
the
total
amount
of
moneys
appropriated
from
the
general
fund
of
the
state
to
the
department
of
revenue
for
the
payment
of
commercial
and
industrial
property
tax
replacement
claims
in
that
fiscal
year
shall
not
exceed
the
total
amount
of
money
necessary
to
pay
all
commercial
and
industrial
property
tax
replacement
claims
for
the
fiscal
year
beginning
July
1,
2016.
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b.
Moneys
appropriated
by
the
general
assembly
to
the
department
under
this
subsection
for
the
payment
of
commercial
and
industrial
property
tax
replacement
claims
are
not
subject
to
a
uniform
reduction
in
appropriations
in
accordance
with
section
8.31.
2.
Beginning
with
the
fiscal
year
beginning
July
1,
2014,
each
county
treasurer
shall
be
paid
by
the
department
of
revenue
an
amount
equal
to
the
amount
of
the
commercial
and
industrial
property
tax
replacement
claims
in
the
county,
as
calculated
in
subsection
4.
If
an
amount
appropriated
for
a
fiscal
year
is
insufficient
to
pay
all
replacement
claims,
the
director
of
revenue
shall
prorate
the
payment
of
replacement
claims
to
the
county
treasurers
and
shall
notify
the
county
auditors
of
the
pro
rata
percentage
on
or
before
September
30.
3.
On
or
before
July
1
of
each
fiscal
year
beginning
on
or
after
July
1,
2014,
the
assessor
shall
report
to
the
county
auditor
the
total
actual
value
of
all
commercial
property
and
industrial
property
in
the
county
that
is
subject
to
assessment
and
taxation
for
the
assessment
year
used
to
calculate
the
taxes
due
and
payable
in
that
fiscal
year.
4.
On
or
before
a
date
established
by
rule
of
the
department
of
revenue
of
each
fiscal
year
beginning
on
or
after
July
1,
2014,
the
county
auditor
shall
prepare
a
statement,
based
upon
the
report
received
pursuant
to
subsection
3,
listing
for
each
taxing
district
in
the
county:
a.
The
difference
between
the
assessed
valuation
of
all
commercial
property
and
industrial
property
for
the
assessment
year
used
to
calculate
taxes
which
are
due
and
payable
in
the
applicable
fiscal
year
and
the
actual
value
of
all
commercial
property
and
industrial
property
that
is
subject
to
assessment
and
taxation
for
the
same
assessment
year.
If
the
difference
between
the
assessed
value
of
all
commercial
property
and
industrial
property
and
the
actual
valuation
of
all
commercial
property
and
industrial
property
is
zero,
there
is
no
tax
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replacement
for
that
taxing
district
for
the
fiscal
year.
b.
The
tax
levy
rate
per
one
thousand
dollars
of
assessed
value
for
each
taxing
district
for
that
fiscal
year.
c.
The
commercial
and
industrial
property
tax
replacement
claim
for
each
taxing
district.
The
replacement
claim
is
equal
to
the
amount
determined
pursuant
to
paragraph
“a”
,
multiplied
by
the
tax
rate
specified
in
paragraph
“b”
,
and
then
divided
by
one
thousand
dollars.
5.
For
purposes
of
computing
replacement
amounts
under
this
section,
that
portion
of
an
urban
renewal
area
defined
as
the
sum
of
the
assessed
valuations
defined
in
section
403.19,
subsections
1
and
2,
shall
be
considered
a
taxing
district.
6.
a.
The
county
auditor
shall
certify
and
forward
one
copy
of
the
statement
to
the
department
of
revenue
not
later
than
a
date
of
each
year
established
by
the
department
of
revenue
by
rule.
b.
The
replacement
claims
shall
be
paid
to
each
county
treasurer
in
equal
installments
in
September
and
March
of
each
year.
The
county
treasurer
shall
apportion
the
replacement
claim
payments
among
the
eligible
taxing
districts
in
the
county.
c.
If
the
taxing
district
is
an
urban
renewal
area,
the
amount
of
the
replacement
claim
shall
be
apportioned
and
credited
to
those
portions
of
the
assessed
value
defined
in
section
403.19,
subsections
1
and
2,
as
follows:
(1)
To
that
portion
defined
in
section
403.19,
subsection
1,
an
amount
of
the
replacement
claim
that
is
proportionate
to
the
amount
of
actual
value
of
the
commercial
and
industrial
property
in
the
urban
renewal
area
as
determined
in
section
403.19,
subsection
1,
that
was
subtracted
pursuant
to
section
403.20,
as
it
bears
to
the
total
amount
of
actual
value
of
the
commercial
and
industrial
property
in
the
urban
renewal
area
that
was
subtracted
pursuant
to
section
403.20
for
the
assessment
year
for
property
taxes
due
and
payable
in
the
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fiscal
year
for
which
the
replacement
claim
is
computed.
(2)
To
that
portion
defined
in
section
403.19,
subsection
2,
the
remaining
amount,
if
any.
d.
Notwithstanding
the
allocation
provisions
of
paragraph
“c”
,
the
amount
of
the
tax
replacement
amount
that
shall
be
allocated
to
that
portion
of
the
assessed
value
defined
in
section
403.19,
subsection
2,
shall
not
exceed
the
amount
equal
to
the
amount
certified
to
the
county
auditor
under
section
403.19
for
the
fiscal
year
in
which
the
claim
is
paid,
after
deduction
of
the
amount
of
other
revenues
committed
for
payment
on
that
amount
for
the
fiscal
year.
The
amount
not
allocated
to
that
portion
of
the
assessed
value
defined
in
section
403.19,
subsection
2,
as
a
result
of
the
operation
of
this
paragraph,
shall
be
allocated
to
that
portion
of
assessed
value
defined
in
section
403.19,
subsection
1.
e.
The
amount
of
the
replacement
claim
amount
credited
to
the
portion
of
the
assessed
value
defined
in
section
403.19,
subsection
1,
shall
be
allocated
to
and
when
received
be
paid
into
the
fund
for
the
respective
taxing
district
as
taxes
by
or
for
the
taxing
district
into
which
all
other
property
taxes
are
paid.
The
amount
of
the
replacement
claim
amount
credited
to
the
portion
of
the
assessed
value
defined
in
section
403.19,
subsection
2,
shall
be
allocated
to
and
when
collected
be
paid
into
the
special
fund
of
the
municipality
under
section
403.19,
subsection
2.
Sec.
21.
SAVINGS
PROVISION.
This
division
of
this
Act,
pursuant
to
section
4.13,
does
not
affect
the
operation
of,
or
prohibit
the
application
of,
prior
provisions
of
section
441.21,
or
rules
adopted
under
chapter
17A
to
administer
prior
provisions
of
section
441.21,
for
assessment
years
beginning
before
January
1,
2013,
and
for
duties,
powers,
protests,
appeals,
proceedings,
actions,
or
remedies
attributable
to
an
assessment
year
beginning
before
January
1,
2013.
Sec.
22.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
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Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
23.
RETROACTIVE
APPLICABILITY.
This
division
of
this
Act
applies
retroactively
to
January
1,
2013,
for
assessment
years
beginning
on
or
after
that
date.
DIVISION
III
MULTIRESIDENTIAL
PROPERTY
CLASSIFICATION
Sec.
24.
Section
404.2,
subsection
2,
paragraph
f,
Code
2013,
is
amended
to
read
as
follows:
f.
A
statement
specifying
whether
the
revitalization
is
applicable
to
none,
some,
or
all
of
the
property
assessed
as
residential,
multiresidential,
agricultural,
commercial
,
or
industrial
property
within
the
designated
area
or
a
combination
thereof
and
whether
the
revitalization
is
for
rehabilitation
and
additions
to
existing
buildings
or
new
construction
or
both.
If
revitalization
is
made
applicable
only
to
some
property
within
an
assessment
classification,
the
definition
of
that
subset
of
eligible
property
must
be
by
uniform
criteria
which
further
some
planning
objective
identified
in
the
plan.
The
city
shall
state
how
long
it
is
estimated
that
the
area
shall
remain
a
designated
revitalization
area
which
time
shall
be
longer
than
one
year
from
the
date
of
designation
and
shall
state
any
plan
by
the
city
to
issue
revenue
bonds
for
revitalization
projects
within
the
area.
For
a
county,
a
revitalization
area
shall
include
only
property
which
will
be
used
as
industrial
property,
commercial
property,
commercial
property
consisting
of
three
or
more
separate
living
quarters
with
at
least
seventy-five
percent
of
the
space
used
for
residential
purposes,
multiresidential
property,
or
residential
property.
However,
a
county
shall
not
provide
a
tax
exemption
under
this
chapter
to
commercial
property,
commercial
property
consisting
of
three
or
more
separate
living
quarters
with
at
least
seventy-five
percent
of
the
space
used
for
residential
purposes
multiresidential
property
,
or
residential
property
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which
is
located
within
the
limits
of
a
city.
Sec.
25.
Section
404.3,
subsection
4,
Code
2013,
is
amended
to
read
as
follows:
4.
a.
All
qualified
real
estate
assessed
as
residential
property
or
assessed
as
commercial
property,
if
the
commercial
property
consists
of
three
or
more
separate
living
quarters
with
at
least
seventy-five
percent
of
the
space
used
for
residential
purposes,
any
of
the
following
is
eligible
to
receive
a
one
hundred
percent
exemption
from
taxation
on
the
actual
value
added
by
the
improvements
.
:
(1)
Residential
property.
(2)
Commercial
property
if
the
commercial
property
consists
of
three
or
more
separate
living
quarters
with
at
least
seventy-five
percent
of
the
space
used
for
residential
purposes.
(3)
Multiresidential
property
if
the
multiresidential
property
consists
of
three
or
more
separate
living
quarters
with
at
least
seventy-five
percent
of
the
space
used
for
residential
purposes.
b.
The
exemption
is
for
a
period
of
ten
years.
Sec.
26.
Section
441.21,
subsection
8,
paragraph
b,
Code
2013,
is
amended
to
read
as
follows:
b.
Notwithstanding
paragraph
“a”
,
any
construction
or
installation
of
a
solar
energy
system
on
property
classified
as
agricultural,
residential,
commercial,
multiresidential,
or
industrial
property
shall
not
increase
the
actual,
assessed
,
and
taxable
values
of
the
property
for
five
full
assessment
years.
Sec.
27.
Section
441.21,
subsections
9
and
10,
Code
2013,
are
amended
to
read
as
follows:
9.
Not
later
than
November
1,
1979,
and
November
1
of
each
subsequent
year,
the
director
shall
certify
to
the
county
auditor
of
each
county
the
percentages
of
actual
value
at
which
residential
property,
agricultural
property,
commercial
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property,
industrial
property,
multiresidential
property,
and
property
valued
by
the
department
of
revenue
pursuant
to
chapters
428
,
433
,
434
,
437
,
and
438
in
each
assessing
jurisdiction
in
the
county
shall
be
assessed
for
taxation.
The
county
auditor
shall
proceed
to
determine
the
assessed
values
of
agricultural
property,
residential
property,
commercial
property,
industrial
property,
multiresidential
property,
and
property
valued
by
the
department
of
revenue
pursuant
to
chapters
428
,
433
,
434
,
437
,
and
438
by
applying
such
percentages
to
the
current
actual
value
of
such
property,
as
reported
to
the
county
auditor
by
the
assessor,
and
the
assessed
values
so
determined
shall
be
the
taxable
values
of
such
properties
upon
which
the
levy
shall
be
made.
10.
The
percentage
of
actual
value
computed
by
the
director
for
agricultural
property,
residential
property,
commercial
property,
industrial
property
,
multiresidential
property,
and
property
valued
by
the
department
of
revenue
pursuant
to
chapters
428
,
433
,
434
,
437
,
and
438
and
used
to
determine
assessed
values
of
those
classes
of
property
does
not
constitute
a
rule
as
defined
in
section
17A.2,
subsection
11
.
Sec.
28.
Section
441.21,
Code
2013,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
13.
a.
Beginning
with
valuations
established
on
or
after
January
1,
2015,
mobile
home
parks,
manufactured
home
communities,
land-leased
communities,
assisted
living
facilities,
property
primarily
used
or
intended
for
human
habitation
containing
three
or
more
separate
dwelling
units,
and
that
portion
of
a
building
that
is
used
or
intended
for
human
habitation
and
a
proportionate
share
of
the
land
upon
which
the
building
is
situated,
regardless
of
the
number
of
dwelling
units
located
in
the
building,
if
the
use
for
human
habitation
is
not
the
primary
use
of
the
building
and
such
building
is
not
otherwise
classified
as
residential
property,
shall
be
valued
as
a
separate
class
of
property
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known
as
multiresidential
property
and,
excluding
properties
referred
to
in
section
427A.1,
subsection
8,
shall
be
assessed
at
a
percentage
of
its
actual
value,
as
determined
in
this
subsection.
b.
For
valuations
established
for
the
assessment
year
beginning
January
1,
2015,
the
percentage
of
actual
value
as
equalized
by
the
director
of
revenue
as
provided
in
section
441.49
at
which
multiresidential
property
shall
be
assessed
shall
be
the
greater
of
eighty-six
and
twenty-five
hundredths
percent
or
the
percentage
of
actual
value
determined
by
the
director
of
revenue
at
which
property
assessed
as
residential
property
is
assessed
for
the
same
assessment
year
under
subsection
4.
For
valuations
established
for
the
assessment
year
beginning
January
1,
2016,
the
percentage
of
actual
value
as
equalized
by
the
director
of
revenue
as
provided
in
section
441.49
at
which
multiresidential
property
shall
be
assessed
shall
be
the
greater
of
eighty-two
and
five-tenths
percent
or
the
percentage
of
actual
value
determined
by
the
director
of
revenue
at
which
property
assessed
as
residential
property
is
assessed
for
the
same
assessment
year
under
subsection
4.
For
valuations
established
for
the
assessment
year
beginning
January
1,
2017,
the
percentage
of
actual
value
as
equalized
by
the
director
of
revenue
as
provided
in
section
441.49
at
which
multiresidential
property
shall
be
assessed
shall
be
the
greater
of
seventy-eight
and
seventy-five
hundredths
percent
or
the
percentage
of
actual
value
determined
by
the
director
of
revenue
at
which
property
assessed
as
residential
property
is
assessed
for
the
same
assessment
year
under
subsection
4.
For
valuations
established
for
the
assessment
year
beginning
January
1,
2018,
the
percentage
of
actual
value
as
equalized
by
the
director
of
revenue
as
provided
in
section
441.49
at
which
multiresidential
property
shall
be
assessed
shall
be
the
greater
of
seventy-five
percent
or
the
percentage
of
actual
value
determined
by
the
director
of
revenue
at
which
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property
assessed
as
residential
property
is
assessed
for
the
same
assessment
year
under
subsection
4.
For
valuations
established
for
the
assessment
year
beginning
January
1,
2019,
the
percentage
of
actual
value
as
equalized
by
the
director
of
revenue
as
provided
in
section
441.49
at
which
multiresidential
property
shall
be
assessed
shall
be
the
greater
of
seventy-one
and
twenty-five
hundredths
percent
or
the
percentage
of
actual
value
determined
by
the
director
of
revenue
at
which
property
assessed
as
residential
property
is
assessed
for
the
same
assessment
year
under
subsection
4.
For
valuations
established
for
the
assessment
year
beginning
January
1,
2020,
the
percentage
of
actual
value
as
equalized
by
the
director
of
revenue
as
provided
in
section
441.49
at
which
multiresidential
property
shall
be
assessed
shall
be
the
greater
of
sixty-seven
and
five-tenths
percent
or
the
percentage
of
actual
value
determined
by
the
director
of
revenue
at
which
property
assessed
as
residential
property
is
assessed
for
the
same
assessment
year
under
subsection
4.
For
valuations
established
for
the
assessment
year
beginning
January
1,
2021,
the
percentage
of
actual
value
as
equalized
by
the
director
of
revenue
as
provided
in
section
441.49
at
which
multiresidential
property
shall
be
assessed
shall
be
the
greater
of
sixty-three
and
seventy-five
hundredths
percent
or
the
percentage
of
actual
value
determined
by
the
director
of
revenue
at
which
property
assessed
as
residential
property
is
assessed
for
the
same
assessment
year
under
subsection
4.
For
valuations
established
for
the
assessment
year
beginning
January
1,
2022,
and
each
assessment
year
thereafter,
the
percentage
of
actual
value
as
equalized
by
the
director
of
revenue
as
provided
in
section
441.49
at
which
multiresidential
property
shall
be
assessed
shall
be
equal
to
the
percentage
of
actual
value
determined
by
the
director
of
revenue
at
which
property
assessed
as
residential
property
is
assessed
under
subsection
4
for
the
same
assessment
year.
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c.
Accordingly,
for
parcels
that,
in
part,
satisfy
the
requirements
for
classification
as
multiresidential
property,
the
assessor
shall
assign
to
that
portion
of
the
parcel
the
classification
of
multiresidential
property
and
to
such
other
portions
of
the
parcel
the
property
classification
for
which
such
other
portions
qualify.
d.
In
no
case,
however,
shall
property
that
is
rented
or
leased
to
low-income
individuals
and
families
as
authorized
by
section
42
of
the
Internal
Revenue
Code,
and
that
is
subject
to
assessment
procedures
relating
to
section
42
property
under
section
441.21,
subsection
2,
or
a
hotel,
motel,
inn,
or
other
building
where
rooms
or
dwelling
units
are
usually
rented
for
less
than
one
month
be
classified
as
multiresidential
property
under
this
subsection.
e.
As
used
in
this
subsection:
(1)
“Assisted
living
facility”
means
property
for
providing
assisted
living
as
defined
in
section
231C.2.
“Assisted
living
facility”
also
includes
a
health
care
facility,
as
defined
in
section
135C.1,
an
elder
group
home,
as
defined
in
section
231B.1,
a
child
foster
care
facility
under
chapter
237,
or
property
used
for
a
hospice
program
as
defined
in
section
135J.1.
(2)
“Dwelling
unit”
means
an
apartment,
group
of
rooms,
or
single
room
which
is
occupied
as
separate
living
quarters
or,
if
vacant,
is
intended
for
occupancy
as
separate
living
quarters,
in
which
a
tenant
can
live
and
sleep
separately
from
any
other
persons
in
the
building.
(3)
“Land-leased
community”
means
the
same
as
defined
in
sections
335.30A
and
414.28A.
(4)
“Manufactured
home
community”
means
the
same
as
a
land-leased
community.
(5)
“Mobile
home
park”
means
the
same
as
defined
in
section
435.1.
Sec.
29.
Section
558.46,
subsection
5,
Code
2013,
is
amended
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to
read
as
follows:
5.
For
the
purposes
of
this
section
,
“residential
property”
includes
commercial
or
multiresidential
property
consisting
if
such
commercial
or
multiresidential
property
consists
of
three
or
more
separate
living
quarters
with
at
least
seventy-five
percent
of
the
space
used
for
residential
purposes.
Sec.
30.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
effect
January
1,
2015.
DIVISION
IV
TELECOMMUNICATIONS
COMPANY
PROPERTY
TAXATION
Sec.
31.
Section
433.4,
Code
2013,
is
amended
to
read
as
follows:
433.4
Assessment
and
exemption
.
1.
The
director
of
revenue
shall
on
or
before
October
31
each
year,
proceed
to
find
the
actual
value
of
the
property
of
these
companies
in
this
state
that
is
used
by
the
companies
in
the
transaction
of
telegraph
and
telephone
business
,
taking
into
consideration
the
information
obtained
from
the
statements
required,
and
any
further
information
the
director
can
obtain,
using
the
same
as
a
means
for
determining
the
actual
cash
value
of
the
property
of
these
companies
within
this
state.
The
director
shall
also
take
into
consideration
the
valuation
of
all
property
of
these
companies,
including
franchises
and
the
use
of
the
property
in
connection
with
lines
outside
the
state,
and
making
these
deductions
as
may
be
necessary
on
account
of
extra
value
of
property
outside
the
state
as
compared
with
the
value
of
property
in
the
state,
in
order
that
the
actual
cash
value
of
the
property
of
the
company
within
this
state
may
be
ascertained.
The
assessment
shall
include
all
property
of
every
kind
and
character
whatsoever,
real,
personal,
or
mixed,
used
by
the
companies
in
the
transaction
of
telegraph
and
telephone
business
;
and
the
.
The
property
so
included
in
the
assessment
shall
not
be
taxed
in
any
other
manner
than
as
provided
in
this
chapter
.
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2.
a.
For
assessment
years
beginning
on
or
after
January
1,
2013,
each
company
assessed
for
taxation
under
this
chapter
shall
receive
a
partial
exemption
from
taxation
on
the
value
of
the
company’s
property
as
provided
in
this
subsection.
b.
For
the
assessment
year
beginning
January
1,
2013,
the
total
amount
of
the
exemption
for
each
company
shall
be
equal
to
the
sum
of
the
following
amounts:
(1)
An
amount
equal
to
twenty
percent
of
the
actual
value
of
the
property
of
such
company
for
that
assessment
year,
as
determined
under
subsection
1,
that
exceeds
zero
dollars
but
does
not
exceed
twenty
million
dollars.
(2)
An
amount
equal
to
seventeen
and
five-tenths
percent
of
the
actual
value
of
the
property
of
such
company
for
that
assessment
year,
as
determined
under
subsection
1,
that
exceeds
twenty
million
dollars
but
does
not
exceed
fifty-five
million
dollars.
(3)
An
amount
equal
to
twelve
and
five-tenths
percent
of
the
actual
value
of
the
property
of
such
company
for
that
assessment
year,
as
determined
under
subsection
1,
that
exceeds
fifty-five
million
dollars
but
does
not
exceed
five
hundred
million
dollars.
(4)
An
amount
equal
to
ten
percent
of
the
actual
value
of
the
property
of
such
company
for
that
assessment
year,
as
determined
under
subsection
1,
that
exceeds
five
hundred
million
dollars.
c.
For
the
assessment
year
beginning
January
1,
2014,
and
each
assessment
year
thereafter,
the
total
amount
of
the
exemption
for
each
company
shall
be
equal
to
the
sum
of
the
following
amounts:
(1)
An
amount
equal
to
forty
percent
of
the
actual
value
of
the
property
of
such
company
for
that
assessment
year,
as
determined
under
subsection
1,
that
exceeds
zero
dollars
but
does
not
exceed
twenty
million
dollars.
(2)
An
amount
equal
to
thirty-five
percent
of
the
actual
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value
of
the
property
of
such
company
for
that
assessment
year,
as
determined
under
subsection
1,
that
exceeds
twenty
million
dollars
but
does
not
exceed
fifty-five
million
dollars.
(3)
An
amount
equal
to
twenty-five
percent
of
the
actual
value
of
the
property
of
such
company
for
that
assessment
year,
as
determined
under
subsection
1,
that
exceeds
fifty-five
million
dollars
but
does
not
exceed
five
hundred
million
dollars.
(4)
An
amount
equal
to
twenty
percent
of
the
actual
value
of
the
property
of
such
company
for
that
assessment
year,
as
determined
under
subsection
1,
that
exceeds
five
hundred
million
dollars.
Sec.
32.
Section
433.5,
Code
2013,
is
amended
to
read
as
follows:
433.5
Actual
value
per
mile
——
exemption
value
per
mile
.
1.
The
director
of
revenue
shall
ascertain
the
actual
value
per
mile
of
the
property
of
each
of
said
companies
company
within
this
state
by
dividing
the
total
actual
value,
as
above
ascertained
under
section
433.4,
subsection
1
,
by
the
number
of
miles
of
line
of
such
company
within
the
state,
and
the
result
shall
be
deemed
and
held
to
be
the
actual
value
per
mile
of
line
of
the
property
of
such
company
within
this
state.
2.
The
director
of
revenue
shall
ascertain
the
exemption
value
per
mile
of
the
property
of
each
company
within
this
state
by
dividing
the
amount
of
the
exemption
for
that
company
determined
under
section
433.4,
subsection
2,
by
the
number
of
miles
of
line
of
such
company
within
the
state,
and
the
result
shall
be
deemed
and
held
to
be
the
exemption
value
per
mile
of
line
for
that
company.
Sec.
33.
Section
433.8,
Code
2013,
is
amended
to
read
as
follows:
433.8
Assessment
in
each
county
——
how
certified.
The
director
of
revenue
shall,
for
the
purpose
of
determining
what
amount
shall
be
assessed
to
any
one
of
said
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companies
each
company
in
each
county
of
the
state
into
which
the
line
of
the
said
company
extends,
multiply
the
assessed
or
taxable
value
per
mile
of
line
of
said
company,
as
above
ascertained,
by
the
number
of
miles
in
each
of
said
counties,
and
the
result
thereof
shall
be
by
the
director
certified
certify
to
the
several
county
auditors
of
the
respective
counties
into,
over,
or
through
which
said
line
extends
the
number
of
miles
of
line
in
the
county
for
that
company,
the
actual
value
per
mile
of
line
for
that
company,
and
the
exemption
value
per
mile
of
line
for
that
company
.
Sec.
34.
Section
433.9,
Code
2013,
is
amended
to
read
as
follows:
433.9
Entry
of
certificate.
At
the
first
meeting
of
the
board
of
supervisors
held
after
such
statement
the
certification
made
under
section
433.8
is
received
by
the
county
auditor,
it
the
board
shall
cause
such
statement
certification
to
be
entered
in
its
minute
book,
and
make
and
enter
therein
an
order
stating
the
length
of
the
lines
,
and
the
assessed
actual
value
of
the
property
,
and
the
exempted
value
of
the
property
of
each
of
said
companies
situated
in
each
city,
township,
or
lesser
taxing
district
in
its
county,
as
fixed
by
the
director
of
revenue
,
which
.
The
value
certified
by
the
director
of
revenue,
following
application
of
the
percentage
of
actual
value
under
section
441.21,
and
following
the
application
of
the
exemption
value
certified
by
the
director
of
revenue,
shall
constitute
the
taxable
value
of
said
property
for
taxing
purposes,
and
the
taxes
on
said
property
when
collected
by
the
county
treasurer
shall
be
disposed
of
as
other
taxes
on
real
estate.
The
county
auditor
shall
transmit
a
copy
of
said
order
to
the
council
or
trustees
of
each
city
or
township
in
which
the
lines
of
said
company
extend.
Sec.
35.
REPEAL.
Section
433.6,
Code
2013,
is
repealed.
Sec.
36.
PROPERTY
TAXATION
OF
TELECOMMUNICATIONS
COMPANIES
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STUDY
——
REPORT.
1.
a.
The
department
of
revenue,
in
consultation
with
the
department
of
management,
representatives
of
companies
providing
telecommunications
services
in
this
state
by
any
means,
including
but
not
limited
to
mobile,
wireless,
voice
over
internet
protocol,
and
landline,
and
other
interested
persons
shall
study
the
current
system
of
assessing
telecommunications
company
property
and
levying
property
tax
against
companies
that
provide
telecommunications
services
in
this
state
and
make
recommendations
for
changes.
b.
The
department
of
revenue
shall
prepare
and
file
a
report
detailing
recommendations
for
changes
to
the
current
system
of
assessing
telecommunications
company
property
and
levying
property
tax
against
companies
providing
telecommunications
services
in
this
state.
The
report
shall
also
include
recommendations
for
establishing
methods
to
provide
equivalent
property
tax
treatment
for
all
companies
providing
telecommunications
services
in
this
state
and
recommendations
for
apportioning
property
tax
revenues
to
the
appropriate
local
taxing
authorities
in
the
state.
The
report
shall
also
include
proposed
legislation
to
implement
the
recommendations
contained
in
the
report.
The
report
shall
be
filed
by
the
department
of
revenue
with
the
chairpersons
and
ranking
members
of
the
ways
and
means
committees
of
the
senate
and
the
house
of
representatives
and
with
the
legislative
services
agency
by
August
1,
2015.
c.
Upon
receipt
of
the
report
by
the
chairpersons
and
ranking
members
of
the
ways
and
means
committees
under
paragraph
“b”,
a
legislative
telecommunications
company
property
tax
review
committee
consisting
of
six
members
of
the
general
assembly,
two
appointed
by
the
majority
leader
of
the
senate,
one
appointed
by
the
minority
leader
of
the
senate,
two
appointed
by
the
speaker
of
the
house
of
representatives,
and
one
appointed
by
the
minority
leader
of
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the
house
of
representatives
shall
review
the
information
and
recommendations
contained
in
the
report.
The
department
of
revenue
shall
provide
additional
information
and
analysis
to
the
review
committee
or
the
general
assembly
upon
request
of
the
review
committee.
2.
Each
company
providing
telecommunications
services
in
this
state
by
any
means,
including
but
not
limited
to
mobile,
wireless,
voice
over
internet
protocol,
and
landline,
shall
on
or
before
a
date
specified
by
the
director
of
revenue
submit
to
the
department
of
revenue
such
information
determined
by
the
director
of
revenue
to
be
necessary
to
facilitate
the
creation
of
the
report
required
under
this
section.
However,
the
director
of
revenue
shall
only
request
aggregate
statistical
data
or
information
from
such
companies
and
in
no
case
shall
such
companies
be
required
under
this
section
to
provide
data
or
information
about
any
individual
end
user
or
customer,
including
but
not
limited
to
account
information,
place
of
primary
use,
or
service
address
information
within
the
meaning
of
section
423.20.
In
addition,
such
companies
shall
not
be
required
to
resubmit
any
information
that
was
submitted
to
the
director
of
revenue
pursuant
to
the
requirements
of
chapter
433.
Information
provided
to
the
department
under
this
section
shall
be
verified
by
the
company’s
president
or
secretary.
The
confidentiality
provisions
of
sections
422.20
and
422.72
apply
to
all
information
received
by
the
department
of
revenue
for
purposes
of
the
report
pursuant
to
this
section
and
pursuant
to
chapter
433,
if
applicable.
Sec.
37.
IMPLEMENTATION.
Section
25B.7
shall
not
apply
to
this
division
of
this
Act.
Sec.
38.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
39.
RETROACTIVE
APPLICABILITY.
This
division
of
this
Act
applies
retroactively
to
assessment
years
beginning
on
or
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after
January
1,
2013.
DIVISION
V
IOWA
TAXPAYERS
TRUST
FUND
TAX
CREDIT
Sec.
40.
TAXPAYERS
TRUST
FUND
——
IOWA
TAXPAYERS
TRUST
FUND
TAX
CREDIT
TRANSFER.
During
the
fiscal
year
beginning
July
1,
2013,
there
is
transferred
from
the
taxpayers
trust
fund
created
in
section
8.57E
to
the
Iowa
taxpayers
trust
fund
tax
credit
fund
created
in
section
422.11E,
an
amount
equal
to
the
sum
of
the
balance
of
the
taxpayers
trust
fund
as
determined
after
the
close
of
the
fiscal
year
beginning
July
1,
2012,
and
ending
June
30,
2013,
including
the
amount
transferred
for
that
fiscal
year
to
the
taxpayers
trust
fund
from
the
Iowa
economic
emergency
fund
created
in
section
8.55
in
the
fiscal
year
beginning
July
1,
2013,
and
ending
June
30,
2014,
to
be
used
for
the
Iowa
taxpayers
trust
fund
tax
credit
in
accordance
with
section
422.11E,
subsection
5.
Sec.
41.
Section
8.57E,
subsection
2,
Code
2013,
is
amended
to
read
as
follows:
2.
Moneys
in
the
taxpayers
trust
fund
shall
only
be
used
pursuant
to
appropriations
or
transfers
made
by
the
general
assembly
for
tax
relief.
During
each
fiscal
year
beginning
on
or
after
July
1,
2014,
in
which
the
balance
of
the
taxpayers
trust
fund
equals
or
exceeds
thirty
million
dollars,
there
is
transferred
from
the
taxpayers
trust
fund
to
the
Iowa
taxpayers
trust
fund
tax
credit
fund
created
in
section
422.11E,
the
entire
balance
of
the
taxpayers
trust
fund
to
be
used
for
the
Iowa
taxpayers
trust
fund
tax
credit
in
accordance
with
section
422.11E,
subsection
5.
Sec.
42.
Section
257.21,
unnumbered
paragraph
2,
Code
2013,
is
amended
to
read
as
follows:
The
instructional
support
income
surtax
shall
be
imposed
on
the
state
individual
income
tax
for
the
calendar
year
during
which
the
school’s
budget
year
begins,
or
for
a
taxpayer’s
fiscal
year
ending
during
the
second
half
of
that
calendar
year
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and
after
the
date
the
board
adopts
a
resolution
to
participate
in
the
program
or
the
first
half
of
the
succeeding
calendar
year,
and
shall
be
imposed
on
all
individuals
residing
in
the
school
district
on
the
last
day
of
the
applicable
tax
year.
As
used
in
this
section
,
“state
individual
income
tax”
means
the
taxes
computed
under
section
422.5
,
less
the
amounts
of
nonrefundable
credits
allowed
under
chapter
422,
division
II
,
except
for
the
Iowa
taxpayers
trust
fund
tax
credit
allowed
under
section
422.11E
.
Sec.
43.
NEW
SECTION
.
422.11E
Iowa
taxpayers
trust
fund
tax
credit.
1.
For
purposes
of
this
section,
unless
the
context
otherwise
requires:
a.
“Eligible
individual”
means,
with
respect
to
a
tax
year,
an
individual
who
makes
and
files
an
individual
income
tax
return
pursuant
to
section
422.13.
“Eligible
individual”
does
not
include
an
estate
or
trust,
or
an
individual
for
whom
an
individual
income
tax
return
was
not
timely
filed,
including
extensions.
b.
“Unclaimed
tax
credit”
means,
with
respect
to
a
tax
year,
the
aggregate
amount
by
which
the
Iowa
taxpayers
trust
fund
tax
credits
that
were
eligible
to
be
claimed
by
eligible
individuals,
if
any,
exceeds
the
Iowa
taxpayers
trust
fund
tax
credits
actually
claimed
by
eligible
individuals,
if
any.
2.
The
taxes
imposed
under
this
division,
less
the
credits
allowed
under
this
division
except
the
credits
for
withheld
tax
and
estimated
tax
paid
in
section
422.16,
shall
be
reduced
by
an
Iowa
taxpayers
trust
fund
tax
credit
to
an
eligible
individual
for
the
tax
year
beginning
January
1
immediately
preceding
July
1
of
any
fiscal
year
during
which
a
transfer,
if
any,
is
made
from
the
taxpayers
trust
fund
in
section
8.57E
to
the
Iowa
taxpayers
trust
fund
tax
credit
fund
created
in
this
section.
3.
The
credit
shall
be
equal
to
the
quotient
of
the
amount
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transferred
to
the
Iowa
taxpayers
trust
fund
tax
credit
fund
in
the
applicable
fiscal
year,
divided
by
the
number
of
eligible
individuals
for
the
tax
year
immediately
preceding
the
tax
year
for
which
the
credit
in
this
section
is
allowed,
as
determined
by
the
director
of
revenue
in
accordance
with
this
section,
rounded
down
to
the
nearest
whole
dollar.
The
department
of
revenue
shall
draft
the
income
tax
form
for
any
tax
year
in
which
a
credit
will
be
allowed
under
this
section
to
provide
the
information
and
space
necessary
for
eligible
individuals
to
claim
the
credit.
4.
Any
credit
in
excess
of
the
taxpayer’s
liability
for
the
tax
year
is
not
refundable
and
shall
not
be
credited
to
the
tax
liability
for
any
following
year
or
carried
back
to
a
tax
year
prior
to
the
tax
year
in
which
the
taxpayer
claims
the
credit.
5.
a.
There
is
established
within
the
state
treasury
under
the
control
of
the
department
an
Iowa
taxpayers
trust
fund
tax
credit
fund
consisting
of
any
moneys
transferred
by
the
general
assembly
by
law
from
the
taxpayers
trust
fund
created
in
section
8.57E
for
purposes
of
the
credit
provided
in
this
section.
For
the
fiscal
year
beginning
July
1,
2013,
and
for
each
fiscal
year
thereafter,
the
department
shall
transfer
from
the
Iowa
taxpayers
trust
fund
tax
credit
fund
to
the
general
fund
of
the
state,
the
lesser
of
the
balance
of
the
Iowa
taxpayers
trust
fund
tax
credit
fund
or
an
amount
of
money
equal
to
the
Iowa
taxpayers
trust
fund
tax
credits
claimed
in
that
fiscal
year,
if
any.
Any
moneys
in
the
Iowa
taxpayers
trust
fund
tax
credit
fund
which
represent
unclaimed
tax
credits
shall
immediately
revert
to
the
taxpayers
trust
fund
created
in
section
8.57E.
Interest
or
earnings
on
moneys
in
the
Iowa
taxpayers
trust
fund
tax
credit
fund
shall
be
credited
to
the
taxpayers
trust
fund
created
in
section
8.57E.
b.
The
moneys
transferred
to
the
general
fund
of
the
state
in
accordance
with
this
subsection
shall
not
be
considered
new
revenues
for
purposes
of
the
state
general
fund
expenditure
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limitation
under
section
8.54
but
instead
as
replacement
of
a
like
amount
included
in
the
expenditure
limitation
for
the
fiscal
year
in
which
the
transfer
is
made.
Sec.
44.
Section
422D.2,
Code
2013,
is
amended
to
read
as
follows:
422D.2
Local
income
surtax.
A
county
may
impose
by
ordinance
a
local
income
surtax
as
provided
in
section
422D.1
at
the
rate
set
by
the
board
of
supervisors,
of
up
to
one
percent,
on
the
state
individual
income
tax
of
each
individual
residing
in
the
county
at
the
end
of
the
individual’s
applicable
tax
year.
However,
the
cumulative
total
of
the
percents
of
income
surtax
imposed
on
any
taxpayer
in
the
county
shall
not
exceed
twenty
percent.
The
reason
for
imposing
the
surtax
and
the
amount
needed
shall
be
set
out
in
the
ordinance.
The
surtax
rate
shall
be
set
to
raise
only
the
amount
needed.
For
purposes
of
this
section
,
“state
individual
income
tax”
means
the
tax
computed
under
section
422.5
,
less
the
amounts
of
nonrefundable
credits
allowed
under
chapter
422,
division
II
,
except
for
the
Iowa
taxpayers
trust
fund
tax
credit
allowed
under
section
422.11E
.
Sec.
45.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
46.
RETROACTIVE
APPLICABILITY.
This
division
of
this
Act
applies
retroactively
to
January
1,
2013,
for
tax
years
beginning
on
or
after
that
date.
DIVISION
VI
PROPERTY
ASSESSMENT
APPEAL
BOARD
Sec.
47.
Section
421.1A,
subsection
2,
paragraph
b,
Code
2013,
is
amended
to
read
as
follows:
b.
Each
member
of
the
property
assessment
appeal
board
shall
be
qualified
by
virtue
of
at
least
two
years’
experience
in
the
area
of
government,
corporate,
or
private
practice
relating
to
property
appraisal
and
property
tax
administration.
One
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member
Two
members
of
the
board
shall
be
a
certified
real
estate
appraiser
or
hold
a
professional
appraisal
designation,
property
appraisers
and
one
member
shall
be
an
attorney
practicing
in
the
area
of
state
and
local
taxation
or
property
tax
appraisals
,
and
one
member
shall
be
a
professional
with
experience
in
the
field
of
accounting
or
finance
and
with
experience
in
state
and
local
taxation
matters
.
No
more
than
two
members
of
the
board
may
be
from
the
same
political
party
as
that
term
is
defined
in
section
43.2
.
Sec.
48.
Section
421.1A,
subsection
6,
Code
2013,
is
amended
to
read
as
follows:
6.
The
members
of
the
property
assessment
appeal
board
shall
receive
compensation
from
the
state
commensurate
with
the
salary
of
a
district
judge
through
December
31,
2013
a
salary
set
by
the
governor
within
a
range
established
by
the
general
assembly
.
The
members
of
the
board
shall
be
considered
state
employees
for
purposes
of
salary
and
benefits.
The
members
of
the
board
and
any
employees
of
the
board,
when
required
to
travel
in
the
discharge
of
official
duties,
shall
be
paid
their
actual
and
necessary
expenses
incurred
in
the
performance
of
duties.
Sec.
49.
Section
421.1A,
subsection
7,
Code
2013,
is
amended
by
striking
the
subsection.
Sec.
50.
Section
441.21,
subsection
3,
Code
2013,
is
amended
to
read
as
follows:
3.
a.
“Actual
value”
,
“taxable
value”
,
or
“assessed
value”
as
used
in
other
sections
of
the
Code
in
relation
to
assessment
of
property
for
taxation
shall
mean
the
valuations
as
determined
by
this
section
;
however,
other
provisions
of
the
Code
providing
special
methods
or
formulas
for
assessing
or
valuing
specified
property
shall
remain
in
effect,
but
this
section
shall
be
applicable
to
the
extent
consistent
with
such
provisions.
The
assessor
and
department
of
revenue
shall
disclose
at
the
written
request
of
the
taxpayer
all
information
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in
any
formula
or
method
used
to
determine
the
actual
value
of
the
taxpayer’s
property.
b.
The
burden
of
proof
shall
be
upon
any
complainant
attacking
such
valuation
as
excessive,
inadequate,
inequitable,
or
capricious;
however,
in
protest
or
appeal
proceedings
when
the
complainant
offers
competent
evidence
by
at
least
two
disinterested
witnesses
that
the
market
value
of
the
property
is
less
than
the
market
value
determined
by
the
assessor,
the
burden
of
proof
thereafter
shall
be
upon
the
officials
or
persons
seeking
to
uphold
such
valuation
to
be
assessed.
Sec.
51.
Section
441.23,
Code
2013,
is
amended
to
read
as
follows:
441.23
Notice
of
valuation.
If
there
has
been
an
increase
or
decrease
in
the
valuation
of
the
property,
or
upon
the
written
request
of
the
person
assessed,
the
assessor
shall,
at
the
time
of
making
the
assessment,
inform
the
person
assessed,
in
writing,
of
the
valuation
put
upon
the
taxpayer’s
property,
and
notify
the
person,
that
if
the
person
feels
aggrieved,
to
contact
the
assessor
pursuant
to
section
441.30
or
to
appear
before
the
board
of
review
and
show
why
the
assessment
should
be
changed.
However,
if
the
valuation
of
a
class
of
property
is
uniformly
decreased,
the
assessor
may
notify
the
affected
property
owners
by
publication
in
the
official
newspapers
of
the
county.
The
owners
of
real
property
shall
be
notified
not
later
than
April
15
1
of
any
adjustment
of
the
real
property
assessment.
Sec.
52.
Section
441.26,
subsection
1,
Code
2013,
is
amended
to
read
as
follows:
1.
The
director
of
revenue
shall
each
year
prescribe
the
form
of
assessment
roll
to
be
used
by
all
assessors
in
assessing
property,
in
this
state,
also
the
form
of
pages
of
the
assessor’s
assessment
book.
The
assessment
rolls
shall
be
in
a
form
that
will
permit
entering,
separately,
the
names
of
all
persons
assessed,
and
shall
also
contain
a
notice
in
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substantially
the
following
form:
If
you
are
not
satisfied
that
the
foregoing
assessment
is
correct,
you
may
contact
the
assessor
on
or
after
April
1,
to
and
including
May
4,
of
the
year
of
the
assessment
to
request
an
informal
review
of
the
assessment
pursuant
to
section
441.30.
If
you
are
not
satisfied
that
the
foregoing
assessment
is
correct,
you
may
file
a
protest
against
such
assessment
with
the
board
of
review
on
or
after
April
16
7
,
to
and
including
May
5,
of
the
year
of
the
assessment,
such
protest
to
be
confined
to
the
grounds
specified
in
section
441.37
.
Dated:
..
day
of
...
(month),
..
(year)
...........
County/City
Assessor.
Sec.
53.
Section
441.28,
Code
2013,
is
amended
to
read
as
follows:
441.28
Assessment
rolls
——
change
——
notice
to
taxpayer.
The
assessment
shall
be
completed
not
later
than
April
15
1
each
year.
If
the
assessor
makes
any
change
in
an
assessment
after
it
has
been
entered
on
the
assessor’s
rolls,
the
assessor
shall
note
on
the
roll,
together
with
the
original
assessment,
the
new
assessment
and
the
reason
for
the
change,
together
with
the
assessor’s
signature
and
the
date
of
the
change.
Provided,
however,
in
the
event
the
assessor
increases
any
assessment
the
assessor
shall
give
notice
of
the
increase
in
writing
to
the
taxpayer
by
mail
postmarked
no
later
than
April
15
1
.
No
changes
shall
be
made
on
the
assessment
rolls
after
April
15
1
except
by
order
of
the
board
of
review
or
of
the
property
assessment
appeal
board,
or
by
decree
of
court.
Sec.
54.
NEW
SECTION
.
441.30
Informal
assessment
review
period
——
recommendation.
1.
Any
property
owner
or
aggrieved
taxpayer
who
is
dissatisfied
with
the
owner’s
or
taxpayer’s
assessment
may
contact
the
assessor
by
telephone
or
in
writing
by
paper
or
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electronic
medium
on
or
after
April
1,
to
and
including
May
4,
of
the
year
of
the
assessment
to
inquire
about
the
specifics
and
accuracy
of
the
assessment.
Such
an
inquiry
may
also
include
a
request
for
an
informal
review
of
the
assessment
by
the
assessor
under
one
or
more
of
the
grounds
for
protest
authorized
under
section
441.37
for
the
same
assessment
year.
2.
In
response
to
an
inquiry
under
subsection
1,
if
the
assessor,
following
an
informal
review,
determines
that
the
assessment
was
incorrect
under
one
or
more
of
the
grounds
for
protest
authorized
under
section
441.37
for
the
same
assessment
year,
the
assessor
may
recommend
that
the
property
owner
or
aggrieved
taxpayer
file
a
protest
with
the
local
board
of
review
and
may
file
a
recommendation
with
the
local
board
of
review
related
to
the
informal
review.
3.
A
recommendation
filed
with
the
local
board
of
review
by
the
assessor
pursuant
to
subsection
2
shall
be
utilized
by
the
local
board
of
review
in
the
evaluation
of
all
evidence
properly
before
the
local
board
of
review.
4.
This
section,
including
any
action
taken
by
the
assessor
under
this
section,
shall
not
be
construed
to
limit
a
property
owner
or
taxpayer’s
ability
to
file
a
protest
with
the
local
board
of
review
under
section
441.37.
Sec.
55.
Section
441.35,
subsection
2,
Code
2013,
is
amended
to
read
as
follows:
2.
In
any
year
after
the
year
in
which
an
assessment
has
been
made
of
all
of
the
real
estate
in
any
taxing
district,
the
board
of
review
shall
meet
as
provided
in
section
441.33
,
and
where
the
board
finds
the
same
has
changed
in
value,
the
board
shall
revalue
and
reassess
any
part
or
all
of
the
real
estate
contained
in
such
taxing
district,
and
in
such
case,
the
board
shall
determine
the
actual
value
as
of
January
1
of
the
year
of
the
revaluation
and
reassessment
and
compute
the
taxable
value
thereof.
Any
aggrieved
taxpayer
may
petition
for
a
revaluation
of
the
taxpayer’s
property,
but
no
reduction
or
increase
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shall
be
made
for
prior
years.
If
the
assessment
of
any
such
property
is
raised,
or
any
property
is
added
to
the
tax
list
by
the
board,
the
clerk
shall
give
notice
in
the
manner
provided
in
section
441.36
.
However,
if
the
assessment
of
all
property
in
any
taxing
district
is
raised,
the
board
may
instruct
the
clerk
to
give
immediate
notice
by
one
publication
in
one
of
the
official
newspapers
located
in
the
taxing
district,
and
such
published
notice
shall
take
the
place
of
the
mailed
notice
provided
for
in
section
441.36
,
but
all
other
provisions
of
that
section
shall
apply.
The
decision
of
the
board
as
to
the
foregoing
matters
shall
be
subject
to
appeal
to
the
property
assessment
appeal
board
within
the
same
time
and
in
the
same
manner
as
provided
in
section
441.37A
and
to
the
district
court
within
the
same
time
and
in
the
same
manner
as
provided
in
section
441.38
.
Sec.
56.
Section
441.37,
subsection
1,
paragraphs
a
and
b,
Code
2013,
are
amended
to
read
as
follows:
a.
Any
property
owner
or
aggrieved
taxpayer
who
is
dissatisfied
with
the
owner’s
or
taxpayer’s
assessment
may
file
a
protest
against
such
assessment
with
the
board
of
review
on
or
after
April
16
7
,
to
and
including
May
5,
of
the
year
of
the
assessment.
In
any
county
which
has
been
declared
to
be
a
disaster
area
by
proper
federal
authorities
after
March
1
and
prior
to
May
20
of
said
year
of
assessment,
the
board
of
review
shall
be
authorized
to
remain
in
session
until
June
15
and
the
time
for
filing
a
protest
shall
be
extended
to
and
include
the
period
from
May
25
to
June
5
of
such
year.
Said
The
protest
shall
be
in
writing
and
,
except
as
provided
in
subsection
2A,
signed
by
the
one
protesting
or
by
the
protester’s
duly
authorized
agent.
The
taxpayer
may
have
an
oral
hearing
thereon
on
the
protest
if
the
request
therefor
for
the
oral
hearing
is
made
in
writing
is
made
at
the
time
of
filing
the
protest.
Said
The
protest
must
be
confined
to
one
or
more
of
the
following
grounds:
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(1)
For
odd-numbered
assessment
years
and
for
even-numbered
assessment
years
for
property
that
was
reassessed
in
such
even-numbered
assessment
year:
(a)
That
said
assessment
is
not
equitable
as
compared
with
assessments
of
other
like
property
in
the
taxing
district.
When
this
ground
is
relied
upon
as
the
basis
of
a
protest
the
legal
description
and
assessments
of
a
representative
number
of
comparable
properties,
as
described
by
the
aggrieved
taxpayer
shall
be
listed
on
the
protest,
otherwise
said
protest
shall
not
be
considered
on
this
ground.
(2)
(b)
That
the
property
is
assessed
for
more
than
the
value
authorized
by
law
,
stating
.
When
this
ground
is
relied
upon,
the
protesting
party
shall
state
the
specific
amount
which
the
protesting
party
believes
the
property
to
be
overassessed,
and
the
amount
which
the
party
considers
to
be
its
actual
value
and
the
amount
the
party
considers
a
fair
assessment.
(3)
(c)
That
the
property
is
not
assessable,
is
exempt
from
taxes,
or
is
misclassified
and
stating
the
reasons
for
the
protest.
(4)
(d)
That
there
is
an
error
in
the
assessment
and
state
the
specific
alleged
error.
When
this
ground
is
relied
upon,
the
error
may
include
but
is
not
limited
to
listing
errors,
clerical
or
mathematical
errors,
or
other
errors
that
result
in
an
error
in
the
assessment.
(5)
(e)
That
there
is
fraud
in
the
assessment
which
shall
be
specifically
stated.
(2)
For
even-numbered
assessment
years,
when
the
property
has
not
been
reassessed
in
such
even-numbered
assessment
year,
that
there
has
been
a
decrease
in
the
value
of
the
property
from
the
previous
reassessment
year.
When
this
ground
is
relied
upon,
the
protesting
party
shall
show
the
decrease
in
value
by
comparing
the
market
value
of
the
property
as
of
January
1
of
the
current
assessment
year
and
the
actual
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value
of
the
property
for
the
previous
reassessment
year.
Such
protest
shall
be
in
the
same
manner
as
described
in
this
section
and
shall
be
reviewed
by
the
local
board
of
review
pursuant
to
section
441.35,
subsection
2,
but
a
reduction
or
increase
shall
not
be
made
for
prior
years.
b.
In
addition
to
the
above,
the
property
owner
may
protest
annually
to
the
board
of
review
under
the
provisions
of
section
441.35
,
but
such
protest
shall
be
in
the
same
manner
and
upon
the
same
terms
as
heretofore
prescribed
in
this
section
.
The
burden
of
proof
for
all
protests
filed
under
this
section
shall
be
as
stated
in
section
441.21,
subsection
3.
Sec.
57.
Section
441.37,
Code
2013,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
2A.
For
assessment
years
beginning
on
or
after
January
1,
2014,
the
board
of
review
may
allow
property
owners
or
aggrieved
taxpayers
who
are
dissatisfied
with
the
owner’s
or
taxpayer’s
assessment
to
file
a
protest
against
such
assessment
by
electronic
means.
Electronic
filing
of
assessment
protests
may
be
authorized
for
the
protest
period
that
begins
April
7,
the
protest
period
that
begins
October
15,
or
both.
Except
for
the
requirement
that
a
protest
be
signed,
all
other
requirements
of
this
section
for
an
assessment
protest
to
the
board
of
review
shall
apply
to
a
protest
filed
electronically.
If
electronic
filing
is
authorized
by
the
local
board
of
review,
the
availability
of
electronic
filing
shall
be
clearly
indicated
on
the
assessment
roll
notice
provided
to
the
property
owner
or
taxpayer
and
included
in
the
published
equalization
order
notice.
Sec.
58.
Section
441.37A,
subsection
1,
paragraphs
a
and
b,
Code
2013,
are
amended
to
read
as
follows:
a.
For
the
assessment
year
beginning
January
1,
2007,
and
all
subsequent
assessment
years
beginning
before
January
1,
2018
,
appeals
may
be
taken
from
the
action
of
the
board
of
review
with
reference
to
protests
of
assessment,
valuation,
or
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application
of
an
equalization
order
to
the
property
assessment
appeal
board
created
in
section
421.1A
.
However,
a
property
owner
or
aggrieved
taxpayer
or
an
appellant
described
in
section
441.42
may
bypass
the
property
assessment
appeal
board
and
appeal
the
decision
of
the
local
board
of
review
to
the
district
court
pursuant
to
section
441.38
.
b.
For
an
appeal
to
the
property
assessment
appeal
board
to
be
valid,
written
notice
must
be
filed
by
the
party
appealing
the
decision
with
the
secretary
of
the
property
assessment
appeal
board
within
twenty
days
after
the
date
the
board
of
review’s
letter
of
disposition
of
the
appeal
is
postmarked
to
the
party
making
the
protest
of
adjournment
of
the
local
board
of
review
or
May
31,
whichever
is
later
.
The
written
notice
of
appeal
shall
include
a
petition
setting
forth
the
basis
of
the
appeal
and
the
relief
sought.
No
new
grounds
in
addition
to
those
set
out
in
the
protest
to
the
local
board
of
review
as
provided
in
section
441.37
can
be
pleaded,
but
additional
evidence
to
sustain
those
grounds
may
be
introduced.
The
assessor
shall
have
the
same
right
to
appeal
to
the
assessment
appeal
board
as
an
individual
taxpayer,
public
body,
or
other
public
officer
as
provided
in
section
441.42
.
An
appeal
to
the
board
is
a
contested
case
under
chapter
17A
.
Sec.
59.
Section
441.37A,
subsection
1,
Code
2013,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
e.
For
the
assessment
year
beginning
January
1,
2014,
the
property
assessment
appeal
board
may,
by
rule,
provide
for
the
filing
of
a
notice
of
appeal
and
petition
with
the
secretary
of
the
board
by
electronic
means.
All
requirements
of
this
section
for
an
appeal
to
the
board
shall
apply
to
an
appeal
filed
electronically.
Sec.
60.
Section
441.37A,
subsection
2,
Code
2013,
is
amended
to
read
as
follows:
2.
a.
A
party
to
the
appeal
may
request
a
hearing
or
the
appeal
may
proceed
without
a
hearing.
If
a
hearing
is
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requested,
the
appellant
and
the
local
board
of
review
from
which
the
appeal
is
taken
shall
be
given
at
least
thirty
days’
written
notice
by
the
property
assessment
appeal
board
of
the
date
the
appeal
shall
be
heard
and
the
local
board
of
review
may
be
present
and
participate
at
such
hearing.
Notice
to
all
affected
taxing
districts
shall
be
deemed
to
have
been
given
when
written
notice
is
provided
to
the
local
board
of
review.
The
requirement
of
thirty
days’
written
notice
may
be
waived
by
mutual
agreement
of
all
parties
to
the
appeal.
Failure
by
the
appellant
to
appear
at
the
property
assessment
appeal
board
hearing
shall
be
grounds
for
result
in
dismissal
of
the
appeal
unless
a
continuance
is
granted
to
the
appellant
by
the
board
following
a
showing
of
good
cause
for
the
appellant’s
failure
to
appear
.
If
an
appeal
is
dismissed
for
failure
to
appear,
the
property
assessment
appeal
board
shall
have
no
jurisdiction
to
consider
any
subsequent
appeal
on
the
appellant’s
protest.
b.
An
Each
appeal
may
be
considered
by
less
than
a
majority
of
the
one
or
more
members
of
the
board,
and
the
chairperson
of
the
board
may
assign
members
to
consider
appeals.
If
a
hearing
is
requested,
it
shall
be
open
to
the
public
and
shall
be
conducted
in
accordance
with
the
rules
of
practice
and
procedure
adopted
by
the
board.
The
board
may
provide
by
rule
for
participation
in
such
hearings
by
telephone
or
other
means
of
electronic
communication.
However,
any
deliberation
of
a
the
board
or
of
board
member
members
considering
the
appeal
in
reaching
a
decision
on
any
appeal
shall
be
confidential.
A
meeting
of
the
board
Any
deliberation
of
the
board
or
of
board
members
to
rule
on
procedural
motions
in
a
pending
appeal
or
to
deliberate
on
the
decision
to
be
reached
in
an
appeal
is
exempt
from
the
provisions
of
chapter
21
.
The
property
assessment
appeal
board
or
any
member
of
the
board
considering
the
appeal
may
require
the
production
of
any
books,
records,
papers,
or
documents
as
evidence
in
any
matter
pending
before
the
board
that
may
be
material,
relevant,
or
necessary
for
the
making
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of
a
just
decision.
Any
books,
records,
papers,
or
documents
produced
as
evidence
shall
become
part
of
the
record
of
the
appeal.
Any
testimony
given
relating
to
the
appeal
shall
be
transcribed
and
made
a
part
of
the
record
of
the
appeal.
Sec.
61.
Section
441.37A,
subsection
3,
paragraph
a,
Code
2013,
is
amended
to
read
as
follows:
a.
The
burden
of
proof
for
all
appeals
before
the
board
shall
be
as
stated
in
section
441.21,
subsection
3.
The
board
member
members
considering
the
appeal
shall
determine
anew
all
questions
arising
before
the
local
board
of
review
which
relate
to
the
liability
of
the
property
to
assessment
or
the
amount
thereof.
All
of
the
evidence
shall
be
considered
and
there
shall
be
no
presumption
as
to
the
correctness
of
the
valuation
of
assessment
appealed
from.
The
property
assessment
appeal
board
shall
make
issue
a
decision
in
each
appeal
filed
with
the
board.
If
the
appeal
is
considered
by
less
than
a
majority
the
full
membership
of
the
board,
the
determination
made
by
that
member
such
members
shall
be
forwarded
to
the
full
board
for
approval,
rejection,
or
modification.
If
the
initial
determination
is
rejected
by
the
board,
it
shall
be
returned
for
reconsideration
to
the
board
member
members
making
the
initial
determination.
Any
deliberation
of
the
board
regarding
an
initial
determination
shall
be
confidential.
Sec.
62.
2005
Iowa
Acts,
chapter
150,
section
134,
is
amended
to
read
as
follows:
SEC.
134.
FUTURE
REPEAL.
1.
The
sections
of
this
division
of
this
Act
amending
sections
7E.6,
13.7,
428.4,
441.19,
441.35,
441.38,
441.39,
441.43,
441.49,
and
445.60,
and
enacting
sections
421.1A
and
441.37A,
are
repealed
effective
July
1,
2013
2018
.
2.
The
portion
of
the
section
of
this
division
of
this
Act
amending
section
441.28
relating
only
to
the
property
assessment
appeal
board
is
repealed
effective
July
1,
2013
2018
.
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3.
The
repeals
provided
for
in
subsections
1
and
2
shall
include
all
subsequent
amendments
to
such
sections
relating
to
the
property
assessment
appeal
board.
Sec.
63.
2008
Iowa
Acts,
chapter
1191,
section
14,
subsection
5,
is
amended
to
read
as
follows:
5.
The
following
are
range
5
positions:
administrator
of
the
division
of
homeland
security
and
emergency
management
of
the
department
of
public
defense,
state
public
defender,
drug
policy
coordinator,
labor
commissioner,
workers’
compensation
commissioner,
director
of
the
department
of
cultural
affairs,
director
of
the
department
of
elder
affairs,
director
of
the
law
enforcement
academy,
members
of
the
property
assessment
appeal
board,
and
administrator
of
the
historical
division
of
the
department
of
cultural
affairs.
Sec.
64.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
65.
APPLICABILITY.
Except
as
otherwise
provided
in
this
division
of
this
Act,
this
division
of
this
Act
applies
to
assessment
years
beginning
on
or
after
January
1,
2014.
Sec.
66.
APPLICABILITY.
The
following
provision
of
this
division
of
this
Act
applies
to
appointments
to
the
property
assessment
appeal
board
on
or
after
the
effective
date
of
this
division
of
this
Act:
1.
The
section
of
this
division
of
this
Act
amending
section
421.1A,
subsection
2,
paragraph
“b”.
Sec.
67.
APPLICABILITY.
The
following
provisions
of
this
division
of
this
Act
apply
to
fiscal
years
beginning
on
or
after
July
1,
2013:
1.
The
section
of
this
division
of
this
Act
amending
section
421.1A,
subsection
6.
2.
The
section
of
this
division
of
this
Act
amending
2008
Iowa
Acts,
chapter
1191,
section
14,
subsection
5.
Sec.
68.
APPLICABILITY.
The
following
provision
of
this
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CCS-295
division
of
this
Act
applies
on
or
after
the
effective
date
of
this
division
of
this
Act:
1.
The
section
of
this
division
of
this
Act
amending
2005
Iowa
Acts,
chapter
150,
section
134.
Sec.
69.
RETROACTIVE
APPLICABILITY.
The
following
provision
of
this
division
of
this
Act
applies
retroactively
to
January
1,
2013,
for
assessment
years
beginning
on
or
after
that
date:
1.
The
section
of
this
division
of
this
Act
amending
section
441.37A,
subsection
2.
DIVISION
VII
EARNED
INCOME
TAX
CREDIT
Sec.
70.
Section
422.12B,
subsection
1,
Code
2013,
is
amended
to
read
as
follows:
1.
a.
The
taxes
imposed
under
this
division
less
the
credits
allowed
under
section
422.12
shall
be
reduced
by
an
earned
income
credit
equal
to
seven
percent
the
following
percentage
of
the
federal
earned
income
credit
provided
in
section
32
of
the
Internal
Revenue
Code
.
:
(1)
For
the
tax
year
beginning
in
the
2013
calendar
year,
fourteen
percent.
(2)
For
tax
years
beginning
on
or
after
January
1,
2014,
fifteen
percent.
b.
Any
credit
in
excess
of
the
tax
liability
is
refundable.
Sec.
71.
RETROACTIVE
APPLICABILITY.
This
division
of
this
Act
applies
retroactively
to
January
1,
2013,
for
tax
years
beginning
on
or
after
that
date.
>
2.
Title
page,
by
striking
lines
1
through
4
and
inserting
<
An
Act
relating
to
state
and
local
finances
by
establishing
a
business
property
tax
credit
for
commercial,
industrial,
and
railway
property,
establishing
and
modifying
property
assessment
limitations,
providing
for
commercial
and
industrial
property
tax
replacement
payments,
providing
for
the
classification
of
multiresidential
property,
-48-
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modifying
provisions
for
the
taxation
of
telecommunications
company
property,
providing
for
the
study
of
the
taxation
of
telecommunications
company
property,
providing
a
taxpayers
trust
fund
tax
credit,
modifying
provisions
relating
to
the
property
assessment
appeal
board,
modifying
the
amount
of
the
earned
income
tax
credit,
making
appropriations,
providing
penalties,
and
including
effective
date,
implementation,
retroactive
applicability,
and
other
applicability
provisions.
>
ON
THE
PART
OF
THE
SENATE:
______________________________
MATT
McCOY,
CHAIRPERSON
______________________________
JOE
BOLKCOM
______________________________
BILL
DIX
______________________________
WILLIAM
A.
DOTZLER,
JR.
______________________________
RANDY
FEENSTRA
ON
THE
PART
OF
THE
HOUSE:
______________________________
TOM
SANDS,
CHAIRPERSON
______________________________
CHRIS
HAGENOW
______________________________
JO
OLDSON
______________________________
STEVE
OLSON
______________________________
ROGER
THOMAS
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