Senate File 295 H-1311 Amend Senate File 295, as passed by the Senate, as 1 follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < DIVISION I 5 PROPERTY ASSESSMENT LIMITATION AND REPLACEMENT 6 Section 1. Section 257.3, subsection 1, Code 2013, 7 is amended by adding the following new paragraph: 8 NEW PARAGRAPH . d. The amount paid to each school 9 district for the commercial and industrial property 10 tax replacement claim under section 441.21A shall be 11 regarded as property tax. The portion of the payment 12 which is foundation property tax shall be determined by 13 applying the foundation property tax rate to the amount 14 computed under section 441.21A, subsection 4, paragraph 15 “a” , and such amount shall be prorated pursuant to 16 section 441.21A, subsection 2, if applicable. 17 Sec. 2. Section 331.512, Code 2013, is amended by 18 adding the following new subsection: 19 NEW SUBSECTION . 13A. Carry out duties relating 20 to the calculation and payment of commercial and 21 industrial property tax replacement claims under 22 section 441.21A. 23 Sec. 3. Section 331.559, Code 2013, is amended by 24 adding the following new subsection: 25 NEW SUBSECTION . 25A. Carry out duties relating 26 to the calculation and payment of commercial and 27 industrial property tax replacement claims under 28 section 441.21A. 29 Sec. 4. Section 441.21, subsection 4, Code 2013, is 30 amended to read as follows: 31 4. For valuations established as of January 32 1, 1979, the percentage of actual value at which 33 agricultural and residential property shall be assessed 34 shall be the quotient of the dividend and divisor as 35 defined in this section . The dividend for each class 36 of property shall be the dividend as determined for 37 each class of property for valuations established as 38 of January 1, 1978, adjusted by the product obtained 39 by multiplying the percentage determined for that year 40 by the amount of any additions or deletions to actual 41 value, excluding those resulting from the revaluation 42 of existing properties, as reported by the assessors 43 on the abstracts of assessment for 1978, plus six 44 percent of the amount so determined. However, if the 45 difference between the dividend so determined for 46 either class of property and the dividend for that 47 class of property for valuations established as of 48 January 1, 1978, adjusted by the product obtained by 49 multiplying the percentage determined for that year 50 -1- SF295.1736 (2) 85 md/sc 1/ 19 #1.
by the amount of any additions or deletions to actual 1 value, excluding those resulting from the revaluation 2 of existing properties, as reported by the assessors 3 on the abstracts of assessment for 1978, is less than 4 six percent, the 1979 dividend for the other class of 5 property shall be the dividend as determined for that 6 class of property for valuations established as of 7 January 1, 1978, adjusted by the product obtained by 8 multiplying the percentage determined for that year 9 by the amount of any additions or deletions to actual 10 value, excluding those resulting from the revaluation 11 of existing properties, as reported by the assessors on 12 the abstracts of assessment for 1978, plus a percentage 13 of the amount so determined which is equal to the 14 percentage by which the dividend as determined for the 15 other class of property for valuations established as 16 of January 1, 1978, adjusted by the product obtained 17 by multiplying the percentage determined for that year 18 by the amount of any additions or deletions to actual 19 value, excluding those resulting from the revaluation 20 of existing properties, as reported by the assessors 21 on the abstracts of assessment for 1978, is increased 22 in arriving at the 1979 dividend for the other class 23 of property. The divisor for each class of property 24 shall be the total actual value of all such property 25 in the state in the preceding year, as reported by the 26 assessors on the abstracts of assessment submitted 27 for 1978, plus the amount of value added to said 28 total actual value by the revaluation of existing 29 properties in 1979 as equalized by the director of 30 revenue pursuant to section 441.49 . The director shall 31 utilize information reported on abstracts of assessment 32 submitted pursuant to section 441.45 in determining 33 such percentage. For valuations established as of 34 January 1, 1980, and each assessment year thereafter 35 beginning before January 1, 2013 , the percentage of 36 actual value as equalized by the director of revenue 37 as provided in section 441.49 at which agricultural 38 and residential property shall be assessed shall be 39 calculated in accordance with the methods provided 40 herein including the limitation of increases in 41 agricultural and residential assessed values to the 42 percentage increase of the other class of property if 43 the other class increases less than the allowable limit 44 adjusted to include the applicable and current values 45 as equalized by the director of revenue, except that 46 any references to six percent in this subsection shall 47 be four percent. For valuations established as of 48 January 1, 2013, and each assessment year thereafter, 49 the percentage of actual value as equalized by the 50 -2- SF295.1736 (2) 85 md/sc 2/ 19
director of revenue as provided in section 441.49 at 1 which agricultural and residential property shall be 2 assessed shall be calculated in accordance with the 3 methods provided in this subsection, except that any 4 references to six percent in this subsection shall 5 be two percent, and including, for assessment years 6 beginning on or after January 1, 2013, but before 7 January 1, 2017, the limitation of increases in 8 agricultural and residential assessed values to the 9 percentage increase of the other class of property if 10 the other class increases less than the allowable limit 11 adjusted to include the applicable and current values 12 as equalized by the director of revenue, and including, 13 for assessment years beginning on or after January 1, 14 2017, the limitation in subsection 5A. 15 Sec. 5. Section 441.21, subsection 5, Code 2013, is 16 amended to read as follows: 17 5. a. For valuations established as of January 18 1, 1979, commercial property and industrial property, 19 excluding properties referred to in section 427A.1, 20 subsection 8 , shall be assessed as a percentage of 21 the actual value of each class of property. The 22 percentage shall be determined for each class of 23 property by the director of revenue for the state in 24 accordance with the provisions of this section . For 25 valuations established as of January 1, 1979, the 26 percentage shall be the quotient of the dividend and 27 divisor as defined in this section . The dividend 28 for each class of property shall be the total actual 29 valuation for each class of property established for 30 1978, plus six percent of the amount so determined. 31 The divisor for each class of property shall be the 32 valuation for each class of property established for 33 1978, as reported by the assessors on the abstracts of 34 assessment for 1978, plus the amount of value added to 35 the total actual value by the revaluation of existing 36 properties in 1979 as equalized by the director of 37 revenue pursuant to section 441.49 . For valuations 38 established as of January 1, 1979, property valued by 39 the department of revenue pursuant to chapters 428 , 40 433 , 437 , and 438 shall be considered as one class 41 of property and shall be assessed as a percentage of 42 its actual value. The percentage shall be determined 43 by the director of revenue in accordance with the 44 provisions of this section . For valuations established 45 as of January 1, 1979, the percentage shall be the 46 quotient of the dividend and divisor as defined in 47 this section . The dividend shall be the total actual 48 valuation established for 1978 by the department of 49 revenue, plus ten percent of the amount so determined. 50 -3- SF295.1736 (2) 85 md/sc 3/ 19
The divisor for property valued by the department of 1 revenue pursuant to chapters 428 , 433 , 437 , and 438 2 shall be the valuation established for 1978, plus 3 the amount of value added to the total actual value 4 by the revaluation of the property by the department 5 of revenue as of January 1, 1979. For valuations 6 established as of January 1, 1980, commercial property 7 and industrial property, excluding properties referred 8 to in section 427A.1, subsection 8 , shall be assessed 9 at a percentage of the actual value of each class of 10 property. The percentage shall be determined for 11 each class of property by the director of revenue for 12 the state in accordance with the provisions of this 13 section . For valuations established as of January 14 1, 1980, the percentage shall be the quotient of 15 the dividend and divisor as defined in this section . 16 The dividend for each class of property shall be the 17 dividend as determined for each class of property for 18 valuations established as of January 1, 1979, adjusted 19 by the product obtained by multiplying the percentage 20 determined for that year by the amount of any 21 additions or deletions to actual value, excluding those 22 resulting from the revaluation of existing properties, 23 as reported by the assessors on the abstracts of 24 assessment for 1979, plus four percent of the amount 25 so determined. The divisor for each class of property 26 shall be the total actual value of all such property in 27 1979, as equalized by the director of revenue pursuant 28 to section 441.49 , plus the amount of value added to 29 the total actual value by the revaluation of existing 30 properties in 1980. The director shall utilize 31 information reported on the abstracts of assessment 32 submitted pursuant to section 441.45 in determining 33 such percentage. For valuations established as of 34 January 1, 1980, property valued by the department 35 of revenue pursuant to chapters 428 , 433 , 437 , and 36 438 shall be assessed at a percentage of its actual 37 value. The percentage shall be determined by the 38 director of revenue in accordance with the provisions 39 of this section . For valuations established as of 40 January 1, 1980, the percentage shall be the quotient 41 of the dividend and divisor as defined in this section . 42 The dividend shall be the total actual valuation 43 established for 1979 by the department of revenue, 44 plus eight percent of the amount so determined. The 45 divisor for property valued by the department of 46 revenue pursuant to chapters 428 , 433 , 437 , and 438 47 shall be the valuation established for 1979, plus 48 the amount of value added to the total actual value 49 by the revaluation of the property by the department 50 -4- SF295.1736 (2) 85 md/sc 4/ 19
of revenue as of January 1, 1980. For valuations 1 established as of January 1, 1981, and each assessment 2 year thereafter beginning before January 1, 2013 , the 3 percentage of actual value as equalized by the director 4 of revenue as provided in section 441.49 at which 5 commercial property and industrial property, excluding 6 properties referred to in section 427A.1, subsection 7 8 , shall be assessed shall be calculated in accordance 8 with the methods provided herein, except that any 9 references to six percent in this subsection shall be 10 four percent. For valuations established as of January 11 1, 1981, and each year thereafter, the percentage of 12 actual value at which property valued by the department 13 of revenue pursuant to chapters 428 , 433 , 437 , and 438 14 shall be assessed shall be calculated in accordance 15 with the methods provided herein, except that any 16 references to ten percent in this subsection shall be 17 eight percent. Beginning with valuations established 18 as of January 1, 1979, and each assessment year 19 thereafter beginning before January 1, 2013 , property 20 valued by the department of revenue pursuant to chapter 21 434 shall also be assessed at a percentage of its 22 actual value which percentage shall be equal to the 23 percentage determined by the director of revenue for 24 commercial property, industrial property, or property 25 valued by the department of revenue pursuant to 26 chapters 428 , 433 , 437 , and 438 , whichever is lowest. 27 For valuations established on or after January 1, 2013, 28 but before January 1, 2017, commercial property and 29 industrial property shall be assessed as provided in 30 paragraphs “b” and “c” , as applicable. For valuations 31 established as of January 1, 2017, and each assessment 32 year thereafter, the percentage of actual value as 33 equalized by the director of revenue as provided in 34 section 441.49 at which commercial property, excluding 35 properties referred to in section 427A.1, subsection 36 8, shall be assessed shall be calculated in accordance 37 with the methods provided in this subsection, including 38 the limitation in subsection 5A, except that any 39 references to six percent in this subsection shall be 40 two percent. For valuations established on or after 41 January 1, 2017, industrial property shall be assessed 42 at a percentage of its actual value equal to the 43 percentage of actual value at which property assessed 44 as commercial property is assessed for the same 45 assessment year following application of the limitation 46 in subsection 5A, if applicable. For valuations 47 established on or after January 1, 2013, property 48 valued by the department of revenue pursuant to chapter 49 434 shall be assessed at a percentage of its actual 50 -5- SF295.1736 (2) 85 md/sc 5/ 19
value equal to the percentage of actual value at which 1 property assessed as commercial property is assessed 2 for the same assessment year following application of 3 the limitation in subsection 5A, if applicable. 4 b. For valuations established on or after January 5 1, 2013, but before January 1, 2017, commercial 6 property, excluding properties referred to in section 7 427A.1, subsection 8, shall be assessed at a percentage 8 of its actual value, as determined in this paragraph 9 “b” . For valuations established for the assessment 10 year beginning January 1, 2013, the percentage of 11 actual value as equalized by the director of revenue 12 as provided in section 441.49 at which commercial 13 property shall be assessed shall be ninety-five 14 percent. For valuations established for the assessment 15 year beginning January 1, 2014, the percentage of 16 actual value as equalized by the director of revenue 17 as provided in section 441.49 at which commercial 18 property shall be assessed shall be ninety percent. 19 For valuations established for the assessment year 20 beginning January 1, 2015, the percentage of actual 21 value as equalized by the director of revenue as 22 provided in section 441.49 at which commercial property 23 shall be assessed shall be eighty-five percent. 24 For valuations established for the assessment year 25 beginning January 1, 2016, the percentage of actual 26 value as equalized by the director of revenue as 27 provided in section 441.49 at which commercial property 28 shall be assessed shall be eighty percent. 29 c. For valuations established on or after January 30 1, 2013, but before January 1, 2017, industrial 31 property, excluding properties referred to in section 32 427A.1, subsection 8, shall be assessed at a percentage 33 of its actual value, as determined in this paragraph 34 “c” . For valuations established for the assessment 35 year beginning January 1, 2013, the percentage of 36 actual value as equalized by the director of revenue 37 as provided in section 441.49 at which industrial 38 property shall be assessed shall be ninety-five 39 percent. For valuations established for the assessment 40 year beginning January 1, 2014, the percentage of 41 actual value as equalized by the director of revenue 42 as provided in section 441.49 at which industrial 43 property shall be assessed shall be ninety percent. 44 For valuations established for the assessment year 45 beginning January 1, 2015, the percentage of actual 46 value as equalized by the director of revenue as 47 provided in section 441.49 at which industrial property 48 shall be assessed shall be eighty-five percent. 49 For valuations established for the assessment year 50 -6- SF295.1736 (2) 85 md/sc 6/ 19
beginning January 1, 2016, the percentage of actual 1 value as equalized by the director of revenue as 2 provided in section 441.49 at which industrial property 3 shall be assessed shall be eighty percent. 4 Sec. 6. Section 441.21, Code 2013, is amended by 5 adding the following new subsection: 6 NEW SUBSECTION . 5A. In addition to the limitation 7 of increases for agricultural and residential property 8 applicable under subsection 4 and the limitation 9 of increase for commercial property applicable 10 under subsection 5, for valuations established for 11 the assessment year beginning January 1, 2017, and 12 each assessment year thereafter, for residential, 13 agricultural, and commercial property, the assessed 14 value of each of these three classes of property shall 15 be limited to the percentage increase of that class of 16 property that is the lowest percentage increase under 17 the allowable limit adjusted to include the applicable 18 and current values as equalized by the director of 19 revenue. 20 Sec. 7. NEW SECTION . 441.21A Commercial and 21 industrial property tax replacement —— replacement 22 claims. 23 1. a. For each fiscal year beginning on or after 24 July 1, 2014, there is appropriated from the general 25 fund of the state to the department of revenue an 26 amount necessary for the payment of all commercial 27 and industrial property tax replacement claims under 28 this section for the fiscal year. However, for a 29 fiscal year beginning on or after July 1, 2018, the 30 total amount of moneys appropriated from the general 31 fund of the state to the department of revenue for 32 the payment of commercial and industrial property tax 33 replacement claims in that fiscal year shall not exceed 34 the total amount of money that was necessary to pay 35 all commercial and industrial property tax replacement 36 claims for the fiscal year beginning July 1, 2017. 37 b. Moneys appropriated by the general assembly to 38 the department under this subsection for the payment 39 of commercial and industrial property tax replacement 40 claims are not subject to a uniform reduction in 41 appropriations in accordance with section 8.31. 42 2. Beginning with the fiscal year beginning 43 July 1, 2014, each county treasurer shall be paid 44 by the department of revenue an amount equal to the 45 amount of the commercial and industrial property tax 46 replacement claims in the county, as calculated in 47 subsection 4. For fiscal years beginning on or after 48 July 1, 2018, if an amount appropriated for a fiscal 49 year is insufficient to pay all replacement claims, 50 -7- SF295.1736 (2) 85 md/sc 7/ 19
the director of revenue shall prorate the payment of 1 replacement claims to the county treasurers and shall 2 notify the county auditors of the pro rata percentage 3 on or before September 30. 4 3. On or before July 1 of each fiscal year 5 beginning on or after July 1, 2014, the assessor shall 6 report to the county auditor the total actual value of 7 all commercial property and industrial property in the 8 county for the assessment year used to calculate the 9 taxes due and payable in that fiscal year. 10 4. On or before a date established by rule of the 11 department of revenue of each fiscal year beginning on 12 or after July 1, 2014, the county auditor shall prepare 13 a statement, based upon the report received pursuant 14 to subsection 3, listing for each taxing district in 15 the county: 16 a. The difference between the assessed valuation 17 of all commercial property and industrial property for 18 the assessment year used to calculate taxes which are 19 due and payable in the applicable fiscal year and the 20 actual value of all commercial property and industrial 21 property for the same assessment year. If the 22 difference between the assessed value of all commercial 23 property and industrial property and the actual 24 valuation of all commercial property and industrial 25 property is zero, there is no tax replacement for that 26 taxing district for the fiscal year. 27 b. The tax levy rate per one thousand dollars of 28 assessed value for each taxing district for that fiscal 29 year. 30 c. The commercial and industrial property tax 31 replacement claim for each taxing district. The 32 replacement claim is equal to the amount determined 33 pursuant to paragraph “a” , multiplied by the tax rate 34 specified in paragraph “b” , and then divided by one 35 thousand dollars. 36 5. For purposes of computing replacement amounts 37 under this section, that portion of an urban renewal 38 area defined as the sum of the assessed valuations 39 defined in section 403.19, subsections 1 and 2, shall 40 be considered a taxing district. 41 6. a. The county auditor shall certify and forward 42 one copy of the statement to the department of revenue 43 not later than a date of each year established by the 44 department of revenue by rule. 45 b. The replacement claims shall be paid to each 46 county treasurer in equal installments in September 47 and March of each year. The county treasurer shall 48 apportion the replacement claim payments among the 49 eligible taxing districts in the county. 50 -8- SF295.1736 (2) 85 md/sc 8/ 19
c. If the taxing district is an urban renewal 1 area, the amount of the replacement claim shall be 2 apportioned and credited to those portions of the 3 assessed value defined in section 403.19, subsections 4 1 and 2, as follows: 5 (1) To that portion defined in section 403.19, 6 subsection 1, an amount of the replacement claim that 7 is proportionate to the amount of actual value of the 8 commercial and industrial property in the urban renewal 9 area as determined in section 403.19, subsection 1, 10 that was subtracted pursuant to section 403.20, as 11 it bears to the total amount of actual value of the 12 commercial and industrial property in the urban renewal 13 area that was subtracted pursuant to section 403.20 for 14 the assessment year for property taxes due and payable 15 in the fiscal year for which the replacement claim is 16 computed. 17 (2) To that portion defined in section 403.19, 18 subsection 2, the remaining amount, if any. 19 d. Notwithstanding the allocation provisions of 20 paragraph “c” , the amount of the tax replacement amount 21 that shall be allocated to that portion of the assessed 22 value defined in section 403.19, subsection 2, shall 23 not exceed the amount equal to the amount certified to 24 the county auditor under section 403.19 for the fiscal 25 year in which the claim is paid, after deduction of 26 the amount of other revenues committed for payment 27 on that amount for the fiscal year. The amount not 28 allocated to that portion of the assessed value defined 29 in section 403.19, subsection 2, as a result of the 30 operation of this paragraph, shall be allocated to that 31 portion of assessed value defined in section 403.19, 32 subsection 1. 33 e. The amount of the replacement claim amount 34 credited to the portion of the assessed value defined 35 in section 403.19, subsection 1, shall be allocated 36 to and when received be paid into the fund for the 37 respective taxing district as taxes by or for the 38 taxing district into which all other property taxes 39 are paid. The amount of the replacement claim amount 40 credited to the portion of the assessed value defined 41 in section 403.19, subsection 2, shall be allocated to 42 and when collected be paid into the special fund of the 43 municipality under section 403.19, subsection 2. 44 Sec. 8. SAVINGS PROVISION. This division of this 45 Act, pursuant to section 4.13, does not affect the 46 operation of, or prohibit the application of, prior 47 provisions of section 441.21, or rules adopted under 48 chapter 17A to administer prior provisions of section 49 441.21, for assessment years beginning before January 50 -9- SF295.1736 (2) 85 md/sc 9/ 19
1, 2013, and for duties, powers, protests, appeals, 1 proceedings, actions, or remedies attributable to an 2 assessment year beginning before January 1, 2013. 3 Sec. 9. EFFECTIVE UPON ENACTMENT. This division of 4 this Act, being deemed of immediate importance, takes 5 effect upon enactment. 6 Sec. 10. RETROACTIVE APPLICABILITY. This division 7 of this Act applies retroactively to January 1, 2013, 8 for assessment years beginning on or after that date. 9 DIVISION II 10 SCHOOL DISTRICT FUNDING 11 Sec. 11. Section 257.1, subsection 2, paragraph b, 12 Code 2013, is amended by striking the paragraph and 13 inserting in lieu thereof the following: 14 b. (1) The regular program foundation base per 15 pupil is the following: 16 (a) For the budget year commencing July 1, 17 2012, and the budget year commencing July 1, 2013, 18 the regular program foundation base per pupil is 19 eighty-seven and five-tenths percent of the regular 20 program state cost per pupil. 21 (b) For the budget year commencing July 1, 2014, 22 the regular program foundation base per pupil is 23 eighty-nine and three hundred seventy-five thousandths 24 percent of the regular program state cost per pupil. 25 (c) For the budget year commencing July 1, 2015, 26 the regular program foundation base per pupil is 27 ninety-one and twenty-five hundredths percent of the 28 regular program state cost per pupil. 29 (d) For the budget year commencing July 1, 2016, 30 the regular program foundation base per pupil is 31 ninety-three and one hundred twenty-five thousandths 32 percent of the regular program state cost per pupil. 33 (e) For the budget year commencing July 1, 2017, 34 and succeeding budget years, the regular program 35 foundation base per pupil is ninety-five percent of the 36 regular program state cost per pupil. 37 (2) For each budget year, the special education 38 support services foundation base is seventy-nine 39 percent of the special education support services state 40 cost per pupil. The combined foundation base is the 41 sum of the regular program foundation base, the special 42 education support services foundation base, the total 43 teacher salary supplement district cost, the total 44 professional development supplement district cost, the 45 total early intervention supplement district cost, the 46 total area education agency teacher salary supplement 47 district cost, and the total area education agency 48 professional development supplement district cost. 49 DIVISION III 50 -10- SF295.1736 (2) 85 md/sc 10/ 19
MULTIRESIDENTIAL PROPERTY CLASSIFICATION 1 Sec. 12. Section 404.2, subsection 2, paragraph f, 2 Code 2013, is amended to read as follows: 3 f. A statement specifying whether the 4 revitalization is applicable to none, some, or all of 5 the property assessed as residential, multiresidential, 6 agricultural, commercial , or industrial property 7 within the designated area or a combination thereof and 8 whether the revitalization is for rehabilitation and 9 additions to existing buildings or new construction or 10 both. If revitalization is made applicable only to 11 some property within an assessment classification, the 12 definition of that subset of eligible property must 13 be by uniform criteria which further some planning 14 objective identified in the plan. The city shall state 15 how long it is estimated that the area shall remain 16 a designated revitalization area which time shall 17 be longer than one year from the date of designation 18 and shall state any plan by the city to issue revenue 19 bonds for revitalization projects within the area. For 20 a county, a revitalization area shall include only 21 property which will be used as industrial property, 22 commercial property, commercial property consisting of 23 three or more separate living quarters with at least 24 seventy-five percent of the space used for residential 25 purposes, multiresidential property, or residential 26 property. However, a county shall not provide a tax 27 exemption under this chapter to commercial property, 28 commercial property consisting of three or more 29 separate living quarters with at least seventy-five 30 percent of the space used for residential purposes 31 multiresidential property , or residential property 32 which is located within the limits of a city. 33 Sec. 13. Section 404.3, subsection 4, Code 2013, is 34 amended to read as follows: 35 4. All qualified real estate assessed as 36 residential property or assessed as commercial 37 property, if the commercial property consists of 38 three or more separate living quarters with at least 39 seventy-five percent of the space used for residential 40 purposes, or assessed as multiresidential property is 41 eligible to receive a one hundred percent exemption 42 from taxation on the actual value added by the 43 improvements. The exemption is for a period of ten 44 years. 45 Sec. 14. Section 441.21, subsection 8, paragraph b, 46 Code 2013, is amended to read as follows: 47 b. Notwithstanding paragraph “a” , any construction 48 or installation of a solar energy system on property 49 classified as agricultural, residential, commercial, 50 -11- SF295.1736 (2) 85 md/sc 11/ 19
multiresidential, or industrial property shall not 1 increase the actual, assessed , and taxable values of 2 the property for five full assessment years. 3 Sec. 15. Section 441.21, subsections 9 and 10, Code 4 2013, are amended to read as follows: 5 9. Not later than November 1, 1979, and November 6 1 of each subsequent year, the director shall 7 certify to the county auditor of each county the 8 percentages of actual value at which residential 9 property, agricultural property, commercial property, 10 industrial property, multiresidential property, and 11 property valued by the department of revenue pursuant 12 to chapters 428 , 433 , 434 , 437 , and 438 in each 13 assessing jurisdiction in the county shall be assessed 14 for taxation. The county auditor shall proceed 15 to determine the assessed values of agricultural 16 property, residential property, commercial property, 17 industrial property, multiresidential property, and 18 property valued by the department of revenue pursuant 19 to chapters 428 , 433 , 434 , 437 , and 438 by applying 20 such percentages to the current actual value of such 21 property, as reported to the county auditor by the 22 assessor, and the assessed values so determined shall 23 be the taxable values of such properties upon which the 24 levy shall be made. 25 10. The percentage of actual value computed by 26 the director for agricultural property, residential 27 property, commercial property, industrial property , 28 multiresidential property, and property valued by the 29 department of revenue pursuant to chapters 428 , 433 , 30 434 , 437 , and 438 and used to determine assessed values 31 of those classes of property does not constitute a rule 32 as defined in section 17A.2, subsection 11 . 33 Sec. 16. Section 441.21, Code 2013, is amended by 34 adding the following new subsection: 35 NEW SUBSECTION . 13. a. Beginning with valuations 36 established on or after January 1, 2014, mobile home 37 parks, manufactured home communities, land-leased 38 communities, assisted living facilities, and that 39 portion of a building that is used for human habitation 40 and a proportionate share of the land upon which 41 the building is situated, even if the use for human 42 habitation is not the primary use of the building, and 43 regardless of the number of dwelling units located 44 in the building, and not otherwise classified as 45 residential property, shall be valued as a separate 46 class of property known as multiresidential property 47 and, excluding properties referred to in section 48 427A.1, subsection 8, shall be assessed at a percentage 49 of its actual value, as determined in this subsection. 50 -12- SF295.1736 (2) 85 md/sc 12/ 19
For valuations established for the assessment year 1 beginning January 1, 2014, the percentage of actual 2 value as equalized by the director of revenue as 3 provided in section 441.49 at which multiresidential 4 property shall be assessed shall be ninety percent. 5 For valuations established for the assessment year 6 beginning January 1, 2015, the percentage of actual 7 value as equalized by the director of revenue as 8 provided in section 441.49 at which multiresidential 9 property shall be assessed shall be eighty percent. 10 For valuations established for the assessment year 11 beginning January 1, 2016, the percentage of actual 12 value as equalized by the director of revenue as 13 provided in section 441.49 at which multiresidential 14 property shall be assessed shall be seventy percent. 15 For valuations established for the assessment year 16 beginning January 1, 2017, the percentage of actual 17 value as equalized by the director of revenue as 18 provided in section 441.49 at which multiresidential 19 property shall be assessed shall be sixty percent. 20 For valuations established for the assessment year 21 beginning January 1, 2018, and each assessment year 22 thereafter, the percentage of actual value as equalized 23 by the director of revenue as provided in section 24 441.49 at which multiresidential property shall be 25 assessed shall be equal to the percentage of actual 26 value at which property assessed as residential 27 property is assessed under subsection 4 for the same 28 assessment year, after application of the limitations 29 on increases in residential property provided for in 30 this section. 31 b. Accordingly, the assessor may assign more than 32 one classification to a parcel of property that, in 33 part, satisfies the requirements of this subsection. 34 c. In no case, however, shall property that is 35 rented or leased to low-income individuals and families 36 as authorized by section 42 of the Internal Revenue 37 Code, and that is subject to assessment procedures 38 relating to section 42 property under section 441.21, 39 subsection 2, or a hotel, motel, inn, or other building 40 where rooms or dwelling units are usually rented for 41 less than one month be classified as multiresidential 42 property under this subsection. 43 d. As used in this subsection: 44 (1) “Assisted living facility” means property for 45 providing assisted living as defined in section 231C.2. 46 “Assisted living facility” also includes a health care 47 facility, as defined in section 135C.1, an elder group 48 home, as defined in section 231B.1, a child foster care 49 facility under chapter 237, or property used for a 50 -13- SF295.1736 (2) 85 md/sc 13/ 19
hospice program as defined in section 135J.1. 1 (2) “Dwelling unit” means an apartment, group of 2 rooms, or single room which is occupied as separate 3 living quarters or, if vacant, is intended for 4 occupancy as separate living quarters, in which a 5 tenant can live and sleep separately from any other 6 persons in the building. 7 (3) “Land-leased community” means the same as 8 defined in sections 335.30A and 414.28A. 9 (4) “Manufactured home community” means the same as 10 a land-leased community. 11 (5) “Mobile home park” means the same as defined in 12 section 435.1. 13 Sec. 17. Section 558.46, subsection 5, Code 2013, 14 is amended to read as follows: 15 5. For the purposes of this section , “residential 16 property” includes commercial multiresidential property 17 as defined in section 441.21, subsection 13, consisting 18 of three or more separate living quarters with at least 19 seventy-five percent of the space used for residential 20 purposes. 21 Sec. 18. APPLICABILITY. This division of this 22 Act applies to assessment years beginning on or after 23 January 1, 2014. 24 DIVISION IV 25 TELECOMMUNICATIONS COMPANY PROPERTY TAXATION 26 Sec. 19. Section 427A.1, subsection 1, paragraph h, 27 Code 2013, is amended to read as follows: 28 h. Property assessed by the department of revenue 29 pursuant to sections 428.24 to 428.29 , or chapters 433 , 30 434 , 437 , 437A , and 438 . 31 Sec. 20. Section 427A.1, subsection 1, Code 2013, 32 is amended by adding the following new paragraph: 33 NEW PARAGRAPH . 0i. Qualified telephone company 34 property that is used in the transaction of telegraph 35 and telephone business by a company that is subject to 36 assessment by the department of revenue pursuant to 37 chapter 433. “Qualified telephone company property” 38 means poles, aerial cable, underground cable, buried 39 cable, submarine and deep sea cable, intrabuilding 40 network cable, aerial wire, and conduit systems, all 41 within the meaning of the telecommunications companies 42 account provisions of 47 C.F.R. pt. 32, in effect on 43 the effective date of this division of this Act. 44 Sec. 21. Section 433.1, subsection 4, Code 2013, is 45 amended to read as follows: 46 4. The whole number of stations on each line, and 47 the value of the same , including furniture . 48 Sec. 22. Section 433.4, Code 2013, is amended to 49 read as follows: 50 -14- SF295.1736 (2) 85 md/sc 14/ 19
433.4 Assessment. 1 The director of revenue shall on or before October 2 31 each year and in the same manner and subject to the 3 provisions for the assessment of property assessed 4 as commercial property by the local assessor under 5 chapters 427, 427A, 427B, 428, and 441 , proceed to find 6 the actual value of the property of these companies 7 in this state that is used by the companies in the 8 transaction of telegraph and telephone business , taking 9 into consideration the information obtained from the 10 statements required, and any further information the 11 director can obtain, using the same as a means for 12 determining the actual cash value of the property 13 of these companies within this state. The director 14 shall also take into consideration the valuation of 15 all property of these companies, including franchises 16 and the use of the property in connection with lines 17 outside the state, and making these deductions as may 18 be necessary on account of extra value of property 19 outside the state as compared with the value of 20 property in the state, in order that the actual cash 21 value of the property of the company within this state 22 may be ascertained. The assessment shall include 23 all property of every kind and character whatsoever, 24 real, personal, or mixed, used by the companies in the 25 transaction of telegraph and telephone business; and 26 the The property so included in the assessment shall 27 not be taxed in any other manner than as provided in 28 this chapter . 29 Sec. 23. Section 441.21, subsection 5, Code 2013, 30 is amended to read as follows: 31 5. For valuations established as of January 1, 32 1979, commercial property and industrial property, 33 excluding properties referred to in section 427A.1, 34 subsection 8 , shall be assessed as a percentage of 35 the actual value of each class of property. The 36 percentage shall be determined for each class of 37 property by the director of revenue for the state in 38 accordance with the provisions of this section . For 39 valuations established as of January 1, 1979, the 40 percentage shall be the quotient of the dividend and 41 divisor as defined in this section . The dividend 42 for each class of property shall be the total actual 43 valuation for each class of property established for 44 1978, plus six percent of the amount so determined. 45 The divisor for each class of property shall be the 46 valuation for each class of property established for 47 1978, as reported by the assessors on the abstracts 48 of assessment for 1978, plus the amount of value 49 added to the total actual value by the revaluation 50 -15- SF295.1736 (2) 85 md/sc 15/ 19
of existing properties in 1979 as equalized by the 1 director of revenue pursuant to section 441.49 . For 2 valuations established as of January 1, 1979, property 3 valued by the department of revenue pursuant to 4 chapters 428 , 433 , 437 , and 438 shall be considered 5 as one class of property and shall be assessed as a 6 percentage of its actual value. The percentage shall 7 be determined by the director of revenue in accordance 8 with the provisions of this section . For valuations 9 established as of January 1, 1979, the percentage 10 shall be the quotient of the dividend and divisor as 11 defined in this section . The dividend shall be the 12 total actual valuation established for 1978 by the 13 department of revenue, plus ten percent of the amount 14 so determined. The divisor for property valued by 15 the department of revenue pursuant to chapters 428 , 16 433 , 437 , and 438 shall be the valuation established 17 for 1978, plus the amount of value added to the total 18 actual value by the revaluation of the property by 19 the department of revenue as of January 1, 1979. 20 For valuations established as of January 1, 1980, 21 commercial property and industrial property, excluding 22 properties referred to in section 427A.1, subsection 23 8 , shall be assessed at a percentage of the actual 24 value of each class of property. The percentage 25 shall be determined for each class of property by 26 the director of revenue for the state in accordance 27 with the provisions of this section . For valuations 28 established as of January 1, 1980, the percentage 29 shall be the quotient of the dividend and divisor as 30 defined in this section . The dividend for each class 31 of property shall be the dividend as determined for 32 each class of property for valuations established as 33 of January 1, 1979, adjusted by the product obtained 34 by multiplying the percentage determined for that year 35 by the amount of any additions or deletions to actual 36 value, excluding those resulting from the revaluation 37 of existing properties, as reported by the assessors 38 on the abstracts of assessment for 1979, plus four 39 percent of the amount so determined. The divisor 40 for each class of property shall be the total actual 41 value of all such property in 1979, as equalized by 42 the director of revenue pursuant to section 441.49 , 43 plus the amount of value added to the total actual 44 value by the revaluation of existing properties in 45 1980. The director shall utilize information reported 46 on the abstracts of assessment submitted pursuant 47 to section 441.45 in determining such percentage. 48 For valuations established as of January 1, 1980, 49 property valued by the department of revenue pursuant 50 -16- SF295.1736 (2) 85 md/sc 16/ 19
to chapters 428 , 433 , 437 , and 438 shall be assessed 1 at a percentage of its actual value. The percentage 2 shall be determined by the director of revenue in 3 accordance with the provisions of this section . For 4 valuations established as of January 1, 1980, the 5 percentage shall be the quotient of the dividend and 6 divisor as defined in this section . The dividend shall 7 be the total actual valuation established for 1979 by 8 the department of revenue, plus eight percent of the 9 amount so determined. The divisor for property valued 10 by the department of revenue pursuant to chapters 428 , 11 433 , 437 , and 438 shall be the valuation established 12 for 1979, plus the amount of value added to the total 13 actual value by the revaluation of the property by 14 the department of revenue as of January 1, 1980. For 15 valuations established as of January 1, 1981, and 16 each year thereafter, the percentage of actual value 17 as equalized by the director of revenue as provided 18 in section 441.49 at which commercial property and 19 industrial property, excluding properties referred to 20 in section 427A.1, subsection 8 , shall be assessed 21 shall be calculated in accordance with the methods 22 provided herein, except that any references to six 23 percent in this subsection shall be four percent. For 24 valuations established as of January 1, 1981, and 25 each year thereafter, the percentage of actual value 26 at which property valued by the department of revenue 27 pursuant to chapters 428 , 433 , 437 , and 438 shall be 28 assessed shall be calculated in accordance with the 29 methods provided herein, except that any references to 30 ten percent in this subsection shall be eight percent. 31 For valuations established on or after January 1, 2013, 32 property valued by the department of revenue pursuant 33 to chapter 433 shall be assessed at a percentage of 34 its actual value. For valuations established for 35 the assessment year beginning January 1, 2013, the 36 percentage of actual value at which property valued by 37 the department of revenue pursuant to chapter 433 shall 38 be assessed shall be eighty percent. For valuations 39 established for the assessment year beginning January 40 1, 2014, and each year thereafter, the percentage of 41 actual value at which property valued by the department 42 of revenue pursuant to chapter 433 shall be assessed 43 shall be sixty percent. Beginning with valuations 44 established as of January 1, 1979, and each year 45 thereafter, property valued by the department of 46 revenue pursuant to chapter 434 shall also be assessed 47 at a percentage of its actual value which percentage 48 shall be equal to the percentage determined by the 49 director of revenue for commercial property, industrial 50 -17- SF295.1736 (2) 85 md/sc 17/ 19
property, or property valued by the department of 1 revenue pursuant to chapters 428 , 433 , 437 , and 438 , 2 whichever is lowest. 3 Sec. 24. Section 441.21, subsections 9 and 10, Code 4 2013, are amended to read as follows: 5 9. Not later than November 1, 1979, and November 6 1 of each subsequent year, the director shall certify 7 to the county auditor of each county the percentages 8 of actual value at which residential property, 9 agricultural property, commercial property, industrial 10 property, property valued by the department of 11 revenue under chapter 433, and property valued by 12 the department of revenue pursuant to chapters 428 , 13 433 , 434 , 437 , and 438 in each assessing jurisdiction 14 in the county shall be assessed for taxation. The 15 county auditor shall proceed to determine the assessed 16 values of agricultural property, residential property, 17 commercial property, industrial property, property 18 valued by the department of revenue under chapter 19 433, and property valued by the department of revenue 20 pursuant to chapters 428 , 433 , 434 , 437 , and 438 by 21 applying such percentages to the current actual value 22 of such property, as reported to the county auditor by 23 the assessor, and the assessed values so determined 24 shall be the taxable values of such properties upon 25 which the levy shall be made. 26 10. The percentage of actual value computed by 27 the director for agricultural property, residential 28 property, commercial property, industrial property , 29 property valued by the department of revenue under 30 chapter 433, and property valued by the department of 31 revenue pursuant to chapters 428 , 433 , 434 , 437 , and 32 438 and used to determine assessed values of those 33 classes of property does not constitute a rule as 34 defined in section 17A.2, subsection 11 . 35 Sec. 25. Section 476.1D, subsection 10, Code 2013, 36 is amended by striking the subsection. 37 Sec. 26. EFFECTIVE DATE. The sections of this 38 division of this Act amending section 441.21, being 39 deemed of immediate importance, take effect upon 40 enactment. 41 Sec. 27. APPLICABILITY. 42 1. Except as provided in subsection 2, this 43 division of this Act applies to assessment years 44 beginning on or after January 1, 2014. 45 2. The sections of this division of this Act 46 amending section 441.21 apply retroactively to 47 assessment years beginning on or after January 1, 48 2013. > 49 2. Title page, by striking lines 1 through 4 and 50 -18- SF295.1736 (2) 85 md/sc 18/ 19
inserting < An Act relating to state and local finances 1 by establishing and modifying property assessment 2 limitations, providing for commercial and industrial 3 property tax replacement payments, increasing 4 the regular program foundation base percentage, 5 providing for the taxation of multiresidential 6 property, modifying provisions for the taxation 7 of telecommunications company property, making 8 appropriations, and including effective date, 9 retroactive applicability, and other applicability 10 provisions. > 11 ______________________________ COMMITTEE ON WAYS AND MEANS SANDS of Louisa, Chairperson -19- SF295.1736 (2) 85 md/sc 19/ 19