House Study Bill 718

                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                           WAYS AND MEANS BILL BY
                                           CHAIRPERSON VAN FOSSEN)

    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to property taxation by establishing a maximum
  2    property tax dollars limitation for counties and cities,
  3    repealing the square footage tax, and creating a state tax
  4    implementation committee to study local and state sources of
  5    revenue, and including effective and applicability date
  6    provisions.
  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  8 TLSB 6911YC 80
  9 sc/cf/24

PAG LIN

  1  1                           DIVISION I
  1  2                  MAXIMUM PROPERTY TAX DOLLARS
  1  3    Section 1.  Section 331.423, Code 2003, is amended by
  1  4 striking the section and inserting in lieu thereof the
  1  5 following:
  1  6    331.423  PROPERTY TAX DOLLARS == MAXIMUMS.
  1  7    1.  Annually, the board shall determine separate property
  1  8 tax levy limits to pay for general county services and rural
  1  9 county services in accordance with this section.  The property
  1 10 tax levies separately certified for general county services
  1 11 and rural county services in accordance with section 331.434
  1 12 shall not exceed the amount determined under this section.
  1 13    2.  For purposes of this section and sections 331.423A and
  1 14 331.423B:
  1 15    a.  "Annual price index" means the sum of one plus the
  1 16 change, computed to four decimal places, between the
  1 17 preliminary price index for the third quarter of the calendar
  1 18 year preceding the calendar year in which the budget year
  1 19 starts and the revised price index for the third quarter of
  1 20 the previous calendar year as published in the same issue in
  1 21 which such preliminary price index is first published.  The
  1 22 price index used shall be the state and local government
  1 23 chain=type price index used in the quantity and price indexes
  1 24 for gross domestic product as published by the United States
  1 25 department of commerce.  The annual price index shall not be
  1 26 less than one and shall not exceed one and four hundredths.
  1 27    b.  "Boundary adjustment" means annexation, severance,
  1 28 incorporation, or discontinuance as those terms are defined in
  1 29 section 368.1.
  1 30    c.  "Budget year" is the fiscal year beginning during the
  1 31 calendar year in which a budget is first certified.
  1 32    d.  "Current fiscal year" is the fiscal year ending during
  1 33 the calendar year in which a budget is certified.
  1 34    e.  "Local sales and services taxes" means local sales and
  1 35 services taxes imposed under the authority of chapter 422B or
  2  1 a successor chapter.
  2  2    f.  "Net new valuation taxes" means the amount of property
  2  3 tax dollars equal to the budget year's tentative maximum
  2  4 general rate for purposes of the general fund, or the budget
  2  5 year's tentative maximum rural rate for purposes of the rural
  2  6 services fund, times the increase from the current fiscal year
  2  7 in taxable valuation due to the following:
  2  8    (1)  Net new construction excluding all incremental
  2  9 valuation that is released in any one year from an urban
  2 10 renewal area for which taxes are being divided under section
  2 11 403.19 if the property remains part of the urban renewal area.
  2 12    (2)  Additions or improvements to existing structures.
  2 13    (3)  Remodeling of existing structures for which a building
  2 14 permit is required.
  2 15    (4)  Net boundary adjustment.
  2 16    (5)  A municipality no longer dividing tax revenues in an
  2 17 urban renewal area as provided in section 403.19, to the
  2 18 extent that the incremental valuation released is due to new
  2 19 construction or revaluation on property newly constructed
  2 20 after the division of revenue begins.
  2 21    (6)  That portion of taxable property located in an urban
  2 22 revitalization area on which an exemption was allowed and such
  2 23 exemption has expired.
  2 24    g.  "Property tax replacement dollars" means revenues
  2 25 received under chapter 437A, subchapter II, revenues received
  2 26 under section 99F.11 that are specifically designated by the
  2 27 county for property tax relief in the current fiscal year, and
  2 28 amounts appropriated by the general assembly for property tax
  2 29 relief first enacted for fiscal years beginning on or after
  2 30 July 1, 2004.
  2 31    h.  "Tentative maximum general rate" means the amount
  2 32 calculated in subsection 3, paragraph "b", subparagraph (1),
  2 33 divided by the net taxable valuation in the county.  For
  2 34 purposes of this paragraph, "net taxable valuation" is the
  2 35 amount of taxable valuation in the county minus the amount of
  3  1 taxable valuation in the county used to calculate net new
  3  2 valuation taxes.
  3  3    i.  "Tentative maximum rural rate" means the amount
  3  4 calculated in subsection 3, paragraph "c", subparagraph (1),
  3  5 divided by the net taxable valuation in the unincorporated
  3  6 area of the county.  For purposes of this paragraph, "net
  3  7 taxable valuation" is the amount of taxable valuation in the
  3  8 unincorporated area of the county minus the amount of taxable
  3  9 valuation in the unincorporated area of the county used to
  3 10 calculate net new valuation taxes.
  3 11    j.  "Unused taxing authority" means the maximum amount of
  3 12 property tax dollars calculated under subsection 3 for a
  3 13 fiscal year minus the amount actually levied under this
  3 14 section in that fiscal year.  Unused taxing authority may be
  3 15 carried forward to the following fiscal year.  However, the
  3 16 amount of unused taxing authority which may be carried forward
  3 17 shall not exceed twenty=five percent of the maximum amount of
  3 18 property tax dollars available in the current fiscal year as
  3 19 determined under this section.
  3 20    3.  a.  Effective for and after the fiscal year beginning
  3 21 July 1, 2005, the maximum amount of property tax dollars which
  3 22 may be certified for levy by a county for general county
  3 23 services and rural county services shall be the tentative
  3 24 maximum property tax dollars calculated under paragraphs "b"
  3 25 and "c", respectively, and adjusted by the amounts in
  3 26 paragraphs "d", "e", and "f".
  3 27    b.  The tentative maximum property tax dollars for general
  3 28 county services for a budget year is an amount equal to the
  3 29 sum of the following:
  3 30    (1)  The annual price index times the difference between
  3 31 the current fiscal year's tentative maximum property tax
  3 32 dollars for general county services minus the unused taxing
  3 33 authority carried forward from the fiscal year preceding the
  3 34 current fiscal year.
  3 35    (2)  The amount of net new valuation taxes.
  4  1    (3)  The amount of unused taxing authority carried forward
  4  2 from the current fiscal year.
  4  3    c.  The tentative maximum property tax dollars for rural
  4  4 county services is an amount equal to the sum of the
  4  5 following:
  4  6    (1)  The annual price index times the difference between
  4  7 the current fiscal year's tentative maximum property tax
  4  8 dollars for rural county services minus the unused taxing
  4  9 authority carried forward from the fiscal year preceding the
  4 10 current fiscal year.
  4 11    (2)  The amount of net new valuation taxes.
  4 12    (3)  The amount of unused taxing authority carried forward
  4 13 from the current fiscal year.
  4 14    d.  Subtract the amount of property tax replacement dollars
  4 15 to be received for the budget year that will be deposited in
  4 16 the general fund or the rural services fund, as applicable.
  4 17    e.  Subtract the amount of local sales and services taxes
  4 18 for property tax relief estimated by the department of revenue
  4 19 to be received for the budget year that will be deposited in
  4 20 the general fund or the rural services fund, as applicable.
  4 21    f.  Subtract the amount of local sales and services taxes
  4 22 received for property tax relief in the fiscal year preceding
  4 23 the current fiscal year for the county general fund and rural
  4 24 services fund, and add the amount of local sales and services
  4 25 taxes that was budgeted for property tax relief for each of
  4 26 those funds in that fiscal year.
  4 27    4.  Property taxes certified for deposit in the mental
  4 28 health, mental retardation, and developmental disabilities
  4 29 services fund in section 331.424A, the cemetery fund in
  4 30 section 331.424B, the emergency services fund in section
  4 31 331.424C, the county supplemental fund in section 331.425, and
  4 32 the debt service fund in section 331.430, any capital projects
  4 33 fund established by the county for deposit of bond, loan, or
  4 34 note proceeds, and any temporary increase approved pursuant to
  4 35 section 331.424, are not counted against the maximum amount of
  5  1 property tax dollars that may be certified for a budget year
  5  2 under subsection 3.
  5  3    Sec. 2.  NEW SECTION.  331.423A  BASE AMOUNT CALCULATION
  5  4 FOR FISCAL YEAR 2005=2006.
  5  5    1.  For purposes of computing the tentative maximum
  5  6 property tax dollars under section 331.423, for the fiscal
  5  7 year beginning July 1, 2005, the term "current fiscal year's
  5  8 tentative maximum property tax dollars", as used in section
  5  9 331.423, subsection 3, for general county services and rural
  5 10 county services shall mean the base amount computed under
  5 11 subsections 2 and 3, and adjusted by subsection 4.
  5 12    2.  a.  The base amount for general county services shall
  5 13 be an amount equal to one of the following:
  5 14    (1)  The sum, divided by three, of the amount of property
  5 15 taxes levied for general county services and the amount of
  5 16 property tax replacement dollars received, the amount of
  5 17 revenues received under section 99F.11 that were specifically
  5 18 designated for property tax relief, and the amount of local
  5 19 sales and services tax revenues received as property tax
  5 20 relief and deposited in the general fund, for the fiscal years
  5 21 beginning July 1, 2000, July 1, 2001, and July 1, 2002, times
  5 22 the annual price index computed for each of the three fiscal
  5 23 years.  The ending fund balance differential shall be
  5 24 subtracted from this amount.  The ending fund balance
  5 25 differential for general county services is the increase in
  5 26 the general fund's ending balance for the fiscal year
  5 27 beginning July 1, 2002, over the general fund's ending balance
  5 28 for the fiscal year beginning July 1, 1999, divided by three.
  5 29    (2)  The amount of property taxes levied for general county
  5 30 services and the amount of property tax replacement dollars
  5 31 received, the amount of revenues received under section 99F.11
  5 32 that were specifically designated for property tax relief, and
  5 33 the amount of local sales and services tax revenues received
  5 34 as property tax relief and deposited in the general fund, for
  5 35 the fiscal year beginning July 1, 2002, times the annual price
  6  1 index computed for the fiscal year beginning July 1, 2002.
  6  2 The ending fund balance differential shall be subtracted from
  6  3 this amount.  The ending fund balance differential for general
  6  4 county services is the increase in the general fund's ending
  6  5 balance for the fiscal year beginning July 1, 2002, over the
  6  6 general fund's ending balance for the fiscal year beginning
  6  7 July 1, 2001.
  6  8    b.  For purposes of paragraph "a", the amount of property
  6  9 taxes levied for general county services shall include the
  6 10 amounts levied for each fiscal year for general county
  6 11 services pursuant to sections 331.422, subsection 1, 331.424,
  6 12 and 331.426, Code 2003, and shall exclude the amount of
  6 13 property tax dollars levied for the purposes described in
  6 14 section 331.422, subsections 3 and 4, and section 331.425,
  6 15 Code 2003, in each fiscal year.
  6 16    For purposes of paragraph "a", the ending fund balance
  6 17 differential shall not include the amount of general
  6 18 obligation bond proceeds deposited in the general fund.  If
  6 19 the ending fund balance differential is zero or less, no
  6 20 adjustment shall be made.
  6 21    3.  a.  The base amount for rural county services shall be
  6 22 an amount equal to one of the following:
  6 23    (1)  The sum, divided by three, of the amount of property
  6 24 taxes levied for rural county services and the amount of
  6 25 property tax replacement dollars received, the amount of
  6 26 revenues received under section 99F.11 that were specifically
  6 27 designated for property tax relief, and the amount of local
  6 28 sales and services tax revenues received as property tax
  6 29 relief and deposited in the rural services fund, for the
  6 30 fiscal years beginning July 1, 2000, July 1, 2001, and July 1,
  6 31 2002, times the annual price index computed for each of the
  6 32 three fiscal years.  The ending fund balance differential
  6 33 shall be subtracted from this amount.  The ending fund balance
  6 34 differential for rural county services is the increase in the
  6 35 rural services fund's ending balance for the fiscal year
  7  1 beginning July 1, 2002, over the rural services fund's ending
  7  2 balance for the fiscal year beginning July 1, 1999, divided by
  7  3 three.
  7  4    (2)  The amount of property taxes levied for rural county
  7  5 services and the amount of property tax replacement dollars
  7  6 received, the amount of revenues received under section 99F.11
  7  7 that were specifically designated for property tax relief, and
  7  8 the amount of local sales and services tax revenues received
  7  9 as property tax relief and deposited in the rural services
  7 10 fund, for the fiscal year beginning July 1, 2002, times the
  7 11 annual price index computed for the fiscal year beginning July
  7 12 1, 2002.  The ending fund balance differential shall be
  7 13 subtracted from this amount.  The ending fund balance
  7 14 differential for rural county services is the increase in the
  7 15 rural services fund's ending balance for the fiscal year
  7 16 beginning July 1, 2002, over the rural services fund's ending
  7 17 balance for the fiscal year beginning July 1, 2001.
  7 18    b.  For purposes of paragraph "a", the amount of property
  7 19 taxes levied for rural county services shall include the
  7 20 amounts levied for each fiscal year for rural county services
  7 21 pursuant to sections 331.422, subsection 2, 331.424, and
  7 22 331.426, Code 2003, and shall exclude the amount of property
  7 23 tax dollars levied for the purposes described in section
  7 24 331.422, subsections 3 and 4, and section 331.425, Code 2003,
  7 25 in each fiscal year.
  7 26    For purposes of paragraph "a", if the ending fund balance
  7 27 differential is zero or less, no adjustment shall be made.
  7 28    4.  a.  The amount computed in subsection 2 shall be
  7 29 adjusted by multiplying it by the annual price index
  7 30 calculated for the fiscal year beginning July 1, 2004, and
  7 31 then adding the amount of net new valuation taxes calculated
  7 32 for the fiscal year beginning July 1, 2004.
  7 33    b.  The amount computed in subsection 3 shall be adjusted
  7 34 by multiplying it by the annual price index calculated for the
  7 35 fiscal year beginning July 1, 2004, and then adding the amount
  8  1 of net new valuation taxes calculated for the fiscal year
  8  2 beginning July 1, 2004.
  8  3    5.  Each county shall certify to the department of
  8  4 management the method of computation it has chosen under this
  8  5 section for calculation of "current fiscal year's tentative
  8  6 maximum property tax dollars" for the fiscal year beginning
  8  7 July 1, 2005.
  8  8    Sec. 3.  NEW SECTION.  331.423B  ENDING FUND BALANCE.
  8  9    1.  Budgeted ending fund balances on a cash basis for a
  8 10 budget year in excess of twenty=five percent of budgeted
  8 11 expenditures in either the general fund, county supplemental
  8 12 fund, or rural services fund for that budget year shall be
  8 13 explicitly reserved or designated for a specific purpose and
  8 14 specifically described in the certified budget.  The
  8 15 description shall include the projected date that the balances
  8 16 will be expended for the specific purpose.  A county is
  8 17 encouraged, but not required, to reduce budgeted, unreserved,
  8 18 or undesignated ending fund balances for the budget year to an
  8 19 amount equal to approximately twenty=five percent of budgeted
  8 20 expenditures in the general fund, county supplemental fund,
  8 21 and rural services fund for that budget year unless a decision
  8 22 is certified by the state appeal board ordering a reduction in
  8 23 the ending fund balance of any of those funds.  In a protest
  8 24 to the county budget under section 331.436, the county shall
  8 25 have the burden of proving that the budgeted balances in
  8 26 excess of twenty=five percent are reasonably likely to be
  8 27 expended for the explicitly reserved or designated specific
  8 28 purpose by the date identified in the certified budget.  The
  8 29 excess budgeted balance for the specific purpose shall be
  8 30 considered an increase in an item in the budget for purposes
  8 31 of section 24.28.
  8 32    2.  For a county that has, as of June 30, 2004, reduced its
  8 33 actual ending fund balance to less than twenty=five percent of
  8 34 actual expenditures on a cash basis, additional property taxes
  8 35 may be computed and levied as provided in this subsection.
  9  1 The additional property tax levy amount is an amount not to
  9  2 exceed twenty=five percent of total actual expenditures from
  9  3 the general fund and rural services fund for the fiscal year
  9  4 beginning July 1, 2003, minus the combined ending fund
  9  5 balances for those funds for that year.  The amount of the
  9  6 additional property taxes shall be divided between the general
  9  7 fund and the rural services fund in proportion to the amount
  9  8 of actual expenditures for general county services to total
  9  9 actual expenditures for general and rural county services for
  9 10 the fiscal year beginning July 1, 2003, and in proportion to
  9 11 the amount of actual expenditures for rural county services to
  9 12 total actual expenditures for general and rural county
  9 13 services for the fiscal year beginning July 1, 2003.  However,
  9 14 the amount apportioned for general county services and for
  9 15 rural county services shall not exceed for each fund twenty=
  9 16 five percent of actual expenditures for the fiscal year
  9 17 beginning July 1, 2003.
  9 18    All or a portion of additional property tax dollars may be
  9 19 levied for the purpose of increasing cash reserves for general
  9 20 county services and rural county services in the budget year.
  9 21 The additional property tax dollars authorized under this
  9 22 subsection but not levied may be carried forward as unused
  9 23 ending fund balance taxing authority until and for the fiscal
  9 24 year beginning July 1, 2010.  The amount carried forward, when
  9 25 combined with unused taxing authority shall not exceed twenty=
  9 26 five percent of the maximum amount of property tax dollars
  9 27 available in the current fiscal year.  Additionally, property
  9 28 taxes that are levied as unused ending fund balance taxing
  9 29 authority under this subsection may be the subject of a
  9 30 protest under section 331.436 and the amount will be
  9 31 considered an increase in an item in the budget for purposes
  9 32 of section 24.28.  The amount of additional property taxes
  9 33 levied under this subsection shall not be included in the
  9 34 computation of the maximum amount of property tax dollars
  9 35 which may be certified and levied under section 331.423.
 10  1    Sec. 4.  NEW SECTION.  331.423C  DEPARTMENT RULES AND
 10  2 FORMS.
 10  3    The department of management shall adopt rules to
 10  4 administer sections 331.423, 331.423A, and 331.423B.  The
 10  5 department, in consultation with the county finance committee,
 10  6 shall prescribe forms to be used by counties when making
 10  7 calculations required by those sections.
 10  8    Sec. 5.  Section 331.424, Code 2003, is amended by striking
 10  9 the section and inserting in lieu thereof the following:
 10 10    331.424  AUTHORITY TO LEVY BEYOND MAXIMUM PROPERTY TAX
 10 11 DOLLARS.
 10 12    1.  The board may certify additions to the maximum amount
 10 13 of property tax dollars to be levied for a period of time not
 10 14 to exceed two years if the proposition has been submitted at a
 10 15 special election and received a favorable majority of the
 10 16 votes cast on the proposition.
 10 17    2.  The special election is subject to the following:
 10 18    a.  The board must give at least thirty=two days' notice to
 10 19 the county commissioner of elections that the special election
 10 20 is to be held.
 10 21    b.  The special election shall be conducted by the county
 10 22 commissioner of elections in accordance with law.
 10 23    c.  The proposition to be submitted shall be substantially
 10 24 in the following form:
 10 25    "Vote "yes" or "no" on the following question:  Shall the
 10 26 county of _______ levy for an additional $_______ each year
 10 27 for ___ years beginning July 1, _____, in excess of the
 10 28 statutory limits otherwise applicable for the (general county
 10 29 services or rural services) fund?"
 10 30    d.  The canvass shall be held beginning at one p.m. on the
 10 31 second day which is not a holiday following the special
 10 32 election.
 10 33    e.  Notice of the special election shall be published at
 10 34 least once in a newspaper as specified in section 331.305
 10 35 prior to the date of the special election.  The notice shall
 11  1 appear as early as practicable after the board has voted to
 11  2 submit a proposition to the voters to levy additional property
 11  3 tax dollars.
 11  4    3.  Registered voters in the county may vote on the
 11  5 proposition to increase property taxes for the general fund in
 11  6 excess of the statutory limit.  Registered voters residing
 11  7 outside the corporate limits of a city within the county may
 11  8 vote on the proposition to increase property taxes for the
 11  9 rural services fund in excess of the statutory limit.
 11 10    4.  The amount of additional property tax dollars certified
 11 11 under this section shall not be included in the computation of
 11 12 the maximum amount of property tax dollars which may be
 11 13 certified and levied under section 331.423.
 11 14    Sec. 6.  Section 331.425, Code 2003, is amended by striking
 11 15 the section and inserting in lieu thereof the following:
 11 16    331.425  COUNTY SUPPLEMENTAL FUND.
 11 17    1.  The county supplemental fund is established for the
 11 18 following purposes:
 11 19    a.  Accounting for pension and related employee benefits as
 11 20 provided by the department of management.
 11 21    b.  Accounting for tort liability insurance, property
 11 22 insurance, and any other insurance that may be necessary in
 11 23 the operation of the county, costs of a self=insurance
 11 24 program, costs of a local government risk pool, and amounts
 11 25 payable under any insurance agreements to provide or procure
 11 26 such insurance, self=insurance program, or local government
 11 27 risk pool.
 11 28    c.  Accounting for gifts or grants received by the county
 11 29 for a particular purpose.
 11 30    d.  Accounting for money and property received and handled
 11 31 by the county as trustee or custodian or in the capacity of an
 11 32 agent.
 11 33    2.  County revenues from taxes and other sources for the
 11 34 purposes described in this section shall be credited to the
 11 35 county supplemental fund.
 12  1    Sec. 7.  Section 331.429, subsection 1, Code 2003, is
 12  2 amended by adding the following new paragraph:
 12  3    NEW PARAGRAPH.  f.  Notwithstanding paragraphs "a" and "b",
 12  4 transfers from the general fund or rural services fund in
 12  5 accordance with this paragraph.  The board may transfer
 12  6 additional funds from the general fund or rural services fund
 12  7 in excess of the amounts in paragraphs "a" and "b" if the
 12  8 proposition has been submitted at a special election and
 12  9 received a favorable majority of the votes cast on the
 12 10 proposition.  The board shall direct the county commissioner
 12 11 of elections to submit the proposition at an election.  The
 12 12 board must give at least thirty=two days' notice to the county
 12 13 commissioner of elections that the special election is to be
 12 14 held.  For a transfer from the general fund, registered voters
 12 15 of the county may vote on the proposition.  For a transfer
 12 16 from the rural services fund, registered voters of the county
 12 17 residing outside the corporate limits of a city within the
 12 18 county may vote on the proposition.  The proposition to be
 12 19 submitted shall be substantially in the following form:
 12 20    "Vote "yes" or "no" on the following question:  Shall the
 12 21 county of _______ transfer an additional $______ each year for
 12 22 two years beginning July 1, ____, from the (general fund or
 12 23 rural services fund) to the secondary road fund?"
 12 24    Notice of the special election shall be published at least
 12 25 once in a newspaper in the manner provided in section 331.305.
 12 26 Notice of the special election shall appear as early as
 12 27 practicable after the board has voted to submit a proposition
 12 28 to the voters to transfer funds from the general fund or rural
 12 29 services fund to the secondary road fund.
 12 30    If a majority of the votes cast are in favor of the
 12 31 proposition, the board shall certify the results of the
 12 32 election to the department of management and transfer the
 12 33 approved amount to the secondary road fund in the appropriate
 12 34 fiscal year.
 12 35    Sec. 8.  Section 384.1, Code 2003, is amended by striking
 13  1 the section and inserting in lieu thereof the following:
 13  2    384.1  PROPERTY TAX DOLLARS == MAXIMUMS.
 13  3    1.  A city shall certify taxes to be levied by the county
 13  4 on all taxable property within the city limits, for all city
 13  5 government purposes.  Annually, the city council may certify
 13  6 basic levies for city government purposes, subject to the
 13  7 limitation on property tax dollars provided in this section.
 13  8    2.  For purposes of this section:
 13  9    a.  "Annual price index" means the sum of one plus the
 13 10 change, computed to four decimal places, between the
 13 11 preliminary price index for the third quarter of the calendar
 13 12 year preceding the calendar year in which the budget year
 13 13 starts and the revised price index for the third quarter of
 13 14 the previous calendar year as published in the same issue in
 13 15 which such preliminary price index is first published.  The
 13 16 price index used shall be the state and local government
 13 17 chain=type price index used in the quantity and price indexes
 13 18 for gross domestic product as published by the United States
 13 19 department of commerce.  The annual price index shall not be
 13 20 less than one and shall not exceed one and four hundredths.
 13 21    b.  "Boundary adjustment" means annexation, severance,
 13 22 incorporation, or discontinuance as those terms are defined in
 13 23 section 368.1.
 13 24    c.  "Budget year" is the fiscal year beginning during the
 13 25 calendar year in which a budget is certified.
 13 26    d.  "Current fiscal year" is the fiscal year ending during
 13 27 the calendar year in which a budget is certified.
 13 28    e.  "Local sales and services taxes" means local sales and
 13 29 services taxes imposed under the authority of chapter 422B or
 13 30 a successor chapter.
 13 31    f.  "Net new valuation taxes" means the amount of property
 13 32 tax dollars equal to the budget year's tentative maximum
 13 33 general rate for city government purposes times the increase
 13 34 from the current fiscal year in taxable valuation due to the
 13 35 following:
 14  1    (1)  Net new construction excluding all incremental
 14  2 valuation that is released in any one year from an urban
 14  3 renewal area for which taxes are being divided under section
 14  4 403.19 if the property remains part of the urban renewal area.
 14  5    (2)  Additions or improvements to existing structures.
 14  6    (3)  Remodeling of existing structures for which a building
 14  7 permit is required.
 14  8    (4)  Net boundary adjustment.
 14  9    (5)  A municipality no longer dividing tax revenues in an
 14 10 urban renewal area as provided in section 403.19, to the
 14 11 extent that the incremental valuation released is due to new
 14 12 construction or revaluation on property newly constructed
 14 13 after the division of revenue begins.
 14 14    (6)  That portion of taxable property located in an urban
 14 15 revitalization area on which an exemption was allowed and such
 14 16 exemption has expired.
 14 17    g.  "Property tax replacement dollars" means revenues
 14 18 received under chapter 437A, subchapter II, revenues received
 14 19 under section 99F.11 that are specifically designated by the
 14 20 city for property tax relief in the current fiscal year, and
 14 21 amounts appropriated by the general assembly for property tax
 14 22 relief first enacted for fiscal years beginning on or after
 14 23 July 1, 2004.
 14 24    h.  "Tentative maximum general rate" means the amount
 14 25 calculated in subsection 3, paragraph "b", subparagraph (1),
 14 26 divided by the net taxable valuation in the city.  For
 14 27 purposes of this paragraph, "net taxable valuation" is the
 14 28 amount of taxable valuation in the city minus the amount of
 14 29 taxable valuation in the city used to calculate net new
 14 30 valuation taxes.
 14 31    i.  "Unused taxing authority" means the maximum amount of
 14 32 property tax dollars calculated under subsection 3 for a
 14 33 fiscal year minus the amount actually levied under this
 14 34 section in that fiscal year.  Unused taxing authority may be
 14 35 carried forward to the following fiscal year.  However, the
 15  1 amount of unused taxing authority which may be carried forward
 15  2 shall not exceed twenty=five percent of the maximum amount of
 15  3 property tax dollars available in the current fiscal year as
 15  4 determined under this section.
 15  5    3.  a.  Effective for the fiscal year beginning July 1,
 15  6 2005, the maximum amount of property tax dollars which may be
 15  7 certified by a city for city government purposes shall be the
 15  8 tentative maximum property tax dollars calculated under
 15  9 paragraph "b", and adjusted by the amounts in paragraphs "c",
 15 10 "d", and "e".
 15 11    b.  The tentative maximum property tax dollars for city
 15 12 government purposes for a budget year is an amount equal to
 15 13 the sum of the following:
 15 14    (1)  The annual price index times the difference between
 15 15 the current fiscal year's tentative maximum property tax
 15 16 dollars for city government purposes minus the unused taxing
 15 17 authority carried forward from the fiscal year preceding the
 15 18 current fiscal year.
 15 19    (2)  The amount of net new valuation taxes.
 15 20    (3)  The amount of unused taxing authority carried forward
 15 21 from the current fiscal year.
 15 22    c.  Subtract the amount of property tax replacement dollars
 15 23 to be received for the budget year that will be deposited in
 15 24 the city general fund.
 15 25    d.  Subtract the amount of local sales and services taxes
 15 26 for property tax relief estimated by the department of revenue
 15 27 to be received for the budget year that will be deposited in
 15 28 the city general fund.
 15 29    e.  Subtract the amount of local sales and services taxes
 15 30 received for property tax relief in the fiscal year preceding
 15 31 the current fiscal year for the city general fund, and add the
 15 32 amount of local sales and services taxes that was budgeted for
 15 33 property tax relief for the city general fund in that fiscal
 15 34 year.
 15 35    4.  Property taxes certified for deposit in the debt
 16  1 service fund in section 384.4, trust and agency funds in
 16  2 section 384.6, capital improvements reserve fund in section
 16  3 384.7, the emergency fund in section 384.8, any capital
 16  4 projects fund established by the city for deposit of bond,
 16  5 loan, or note proceeds, any temporary increase approved
 16  6 pursuant to section 384.1D, property taxes collected from a
 16  7 voted levy in section 384.12, and property taxes levied under
 16  8 section 384.12, subsection 18, are not counted against the
 16  9 maximum amount of property tax dollars that may be certified
 16 10 for a budget year under subsection 3.
 16 11    5.  Notwithstanding the maximum amount of taxes a city may
 16 12 certify for levy, the tax certified for levy by a city on
 16 13 tracts of land and improvements on the tracts of land used and
 16 14 assessed for agricultural or horticultural purposes shall not
 16 15 exceed three dollars and three=eighths cents per thousand
 16 16 dollars of assessed value in any year.  Improvements located
 16 17 on such tracts of land and not used for agricultural or
 16 18 horticultural purposes and all residential dwellings are
 16 19 subject to the same rate of tax certified for levy by the city
 16 20 on all other taxable property within the city.
 16 21    Sec. 9.  NEW SECTION.  384.1A  BASE AMOUNT CALCULATION FOR
 16 22 FISCAL YEAR 2005=2006.
 16 23    1.  For purposes of computing the tentative maximum
 16 24 property tax dollars under section 384.1, for the fiscal year
 16 25 beginning July 1, 2005, the term "current fiscal year's
 16 26 tentative maximum property tax dollars", as used in section
 16 27 384.1, subsection 3, for city government purposes shall mean
 16 28 the base amount computed under subsection 2, and adjusted by
 16 29 subsection 3.
 16 30    2.  a.  The base amount for city government purposes shall
 16 31 be an amount equal to one of the following:
 16 32    (1)  The sum, divided by three, of the amount of property
 16 33 taxes levied for city government purposes and the amount of
 16 34 property tax replacement dollars received, the amount of
 16 35 revenues received under section 99F.11 that were specifically
 17  1 designated for property tax relief, and the amount of local
 17  2 sales and services tax revenues received as property tax
 17  3 relief and deposited in the general fund, for the fiscal years
 17  4 beginning July 1, 2000, July 1, 2001, and July 1, 2002, times
 17  5 the annual price index computed for each of the three fiscal
 17  6 years.  The ending fund balance differential shall be
 17  7 subtracted from this amount.  The ending fund balance
 17  8 differential for city government purposes is the increase in
 17  9 the city general fund's ending balance for the fiscal year
 17 10 beginning July 1, 2002, over the city general fund's ending
 17 11 balance for the fiscal year beginning July 1, 1999, divided by
 17 12 three.
 17 13    (2)  The amount of property taxes levied for city
 17 14 government purposes and the amount of property tax replacement
 17 15 dollars received, the amount of revenues received under
 17 16 section 99F.11 that were specifically designated for property
 17 17 tax relief, and the amount of local sales and services tax
 17 18 revenues received as property tax relief and deposited in the
 17 19 general fund, for the fiscal year beginning July 1, 2002,
 17 20 times the annual price index computed for the fiscal year
 17 21 beginning July 1, 2002.  The ending fund balance differential
 17 22 shall be subtracted from this amount.  The ending fund balance
 17 23 differential for city government purposes is the increase in
 17 24 the city general fund's ending balance for the fiscal year
 17 25 beginning July 1, 2002, over the city general fund's ending
 17 26 balance for the fiscal year beginning July 1, 2001.
 17 27    b.  For purposes of paragraph "a", the amount of property
 17 28 taxes levied for city government purposes shall include the
 17 29 amounts levied for each fiscal year for city government
 17 30 purposes pursuant to section 384.1, Code 2003, and shall
 17 31 exclude the amount of property tax dollars levied for the
 17 32 purpose described in section 384.12, subsection 20, Code 2003.
 17 33    For purposes of paragraph "a", the ending fund balance
 17 34 differential shall not include the amount of general
 17 35 obligation bond proceeds deposited in the city general fund.
 18  1 If the ending fund balance differential is zero or less, no
 18  2 adjustment shall be made.
 18  3    3.  The amount computed in subsection 2 shall be adjusted
 18  4 by multiplying it by the annual price index calculated for the
 18  5 fiscal year beginning July 1, 2004, and then adding the amount
 18  6 of net new valuation taxes calculated for the fiscal year
 18  7 beginning July 1, 2004.
 18  8    4.  Each city shall certify to the department of management
 18  9 the method of computation it has chosen under this section for
 18 10 calculation of "current fiscal year's tentative maximum
 18 11 property tax dollars" for the fiscal year beginning July 1,
 18 12 2005.
 18 13    Sec. 10.  NEW SECTION.  384.1B  ENDING FUND BALANCE.
 18 14    1.  Budgeted ending fund balances on a cash basis for a
 18 15 budget year in excess of twenty=five percent of budgeted
 18 16 expenditures in the general fund for that budget year shall be
 18 17 explicitly reserved or designated for a specific purpose and
 18 18 specifically described in the certified budget.  The
 18 19 description shall include the projected date that the balances
 18 20 will be expended for the specific purpose.  A city is
 18 21 encouraged, but not required, to reduce budgeted, unreserved,
 18 22 or undesignated ending fund balances for the budget year to an
 18 23 amount equal to approximately twenty=five percent of budgeted
 18 24 expenditures in the general fund for that budget year unless a
 18 25 decision is certified by the state appeal board ordering a
 18 26 reduction in the ending fund balance of that fund.  In a
 18 27 protest to the city budget under section 384.19, the city
 18 28 shall have the burden of proving that the budgeted balances in
 18 29 excess of twenty=five percent are reasonably likely to be
 18 30 expended for the explicitly reserved or designated specific
 18 31 purpose by the date identified in the certified budget.  The
 18 32 excess budgeted balance for the specific purpose shall be
 18 33 considered an increase in an item in the budget for purposes
 18 34 of section 24.28.
 18 35    2.  For a city that has, as of June 30, 2004, reduced its
 19  1 actual ending fund balance to less than twenty=five percent of
 19  2 actual expenditures on a cash basis, additional property taxes
 19  3 may be computed and levied as provided in this subsection.
 19  4 The additional property tax levy amount is an amount not to
 19  5 exceed twenty=five percent of total actual expenditures from
 19  6 the general fund for the fiscal year beginning July 1, 2003,
 19  7 minus the combined ending fund balance for that fund for that
 19  8 year.  However, the additional property tax levy amount shall
 19  9 not exceed twenty=five percent of actual expenditures from the
 19 10 general fund for the fiscal year beginning July 1, 2003.
 19 11    All or a portion of additional property tax dollars may be
 19 12 levied for the purpose of increasing cash reserves for city
 19 13 government purposes in the budget year.  The additional
 19 14 property tax dollars authorized under this subsection but not
 19 15 levied may be carried forward as unused ending fund balance
 19 16 taxing authority until and for the fiscal year beginning July
 19 17 1, 2010.  The amount carried forward, when combined with
 19 18 unused taxing authority shall not exceed twenty=five percent
 19 19 of the maximum amount of property tax dollars available in the
 19 20 current fiscal year.  Additionally, property taxes that are
 19 21 levied as unused ending fund balance taxing authority under
 19 22 this subsection may be the subject of a protest under section
 19 23 384.19 and the amount will be considered an increase in an
 19 24 item in the budget for purposes of section 24.28.  The amount
 19 25 of additional property taxes levied under this subsection
 19 26 shall not be included in the computation of the maximum amount
 19 27 of property tax dollars which may be certified and levied
 19 28 under section 384.1.
 19 29    Sec. 11.  NEW SECTION.  384.1C  DEPARTMENT RULES AND FORMS.
 19 30    The department of management shall adopt rules to
 19 31 administer sections 384.1, 384.1A, and 384.1B.  The
 19 32 department, in consultation with the city finance committee,
 19 33 shall prescribe forms to be used by cities when making
 19 34 calculations required by those sections.
 19 35    Sec. 12.  NEW SECTION.  384.1D  AUTHORITY TO LEVY BEYOND
 20  1 MAXIMUM PROPERTY TAX DOLLARS.
 20  2    1.  The city council may certify additions to the maximum
 20  3 amount of property tax dollars to be levied for a period of
 20  4 time not to exceed two years if the proposition has been
 20  5 submitted at a special election and received a favorable
 20  6 majority of the votes cast on the proposition.
 20  7    2.  The special election is subject to the following:
 20  8    a.  The city council must give at least thirty=two days'
 20  9 notice to the county commissioner of elections that the
 20 10 special election is to be held.
 20 11    b.  The special election shall be conducted by the county
 20 12 commissioner of elections in accordance with law.
 20 13    c.  The proposition to be submitted shall be substantially
 20 14 in the following form:
 20 15    "Vote "yes" or "no" on the following:
 20 16    Shall the city of _______ levy for an additional $_______
 20 17 each year for ___ years beginning next July 1, ____, in excess
 20 18 of the statutory limits otherwise applicable for the city
 20 19 general fund?"
 20 20    d.  The canvass shall be held beginning at one p.m. on the
 20 21 second day which is not a holiday following the special
 20 22 election.
 20 23    e.  Notice of the special election shall be published at
 20 24 least once in a newspaper as specified in section 362.3 prior
 20 25 to the date of the special election.  The notice shall appear
 20 26 as early as practicable after the city council has voted to
 20 27 seek additional property tax dollars.
 20 28    3.  The amount of additional property tax dollars levied
 20 29 under subsection 2 shall not be included in the computation of
 20 30 the maximum amount of property tax dollars which may be
 20 31 certified and levied under section 384.1.
 20 32    Sec. 13.  APPLICABILITY DATE.  This division of this Act
 20 33 applies to the fiscal year beginning July 1, 2005, and all
 20 34 subsequent fiscal years.
 20 35                           DIVISION II
 21  1                             REPEAL
 21  2    Sec. 14.  2003 Iowa Acts, First Extraordinary Session,
 21  3 chapter 1, sections 1 through 43, are repealed.
 21  4    Sec. 15.  EFFECTIVE DATE.  This division of this Act, being
 21  5 deemed of immediate importance, takes effect upon enactment.
 21  6                          DIVISION III
 21  7             CORRESPONDING AND CONFORMING AMENDMENTS
 21  8    Sec. 16.  Section 23A.2, subsection 10, paragraph h, Code
 21  9 Supplement 2003, is amended to read as follows:
 21 10    h.  The performance of an activity listed in section
 21 11 331.424, Code 2003, as a service for which a supplemental levy
 21 12 may was allowed to be certified.
 21 13    Sec. 17.  Section 123.38, unnumbered paragraph 2, Code
 21 14 2003, is amended to read as follows:
 21 15    Any licensee or permittee, or the licensee's or permittee's
 21 16 executor or administrator, or any person duly appointed by the
 21 17 court to take charge of and administer the property or assets
 21 18 of the licensee or permittee for the benefit of the licensee's
 21 19 or permittee's creditors, may voluntarily surrender a license
 21 20 or permit to the division.  When a license or permit is
 21 21 surrendered the division shall notify the local authority, and
 21 22 the division or the local authority shall refund to the person
 21 23 surrendering the license or permit, a proportionate amount of
 21 24 the fee received by the division or the local authority for
 21 25 the license or permit as follows:  if a license or permit is
 21 26 surrendered during the first three months of the period for
 21 27 which it was issued, the refund shall be three=fourths of the
 21 28 amount of the fee; if surrendered more than three months but
 21 29 not more than six months after issuance, the refund shall be
 21 30 one=half of the amount of the fee; if surrendered more than
 21 31 six months but not more than nine months after issuance, the
 21 32 refund shall be one=fourth of the amount of the fee.  No
 21 33 refund shall be made, however, for any special liquor permit,
 21 34 nor for a liquor control license, wine permit, or beer permit
 21 35 surrendered more than nine months after issuance.  For
 22  1 purposes of this paragraph, any portion of license or permit
 22  2 fees used for the purposes authorized in section 331.424,
 22  3 subsection 1, paragraphs "a" and "b", and in section 331.424A,
 22  4 shall not be deemed received either by the division or by a
 22  5 local authority.  No refund shall be made to any licensee or
 22  6 permittee, upon the surrender of the license or permit, if
 22  7 there is at the time of surrender, a complaint filed with the
 22  8 division or local authority, charging the licensee or
 22  9 permittee with a violation of this chapter.  If upon a hearing
 22 10 on a complaint the license or permit is not revoked or
 22 11 suspended, then the licensee or permittee is eligible, upon
 22 12 surrender of the license or permit, to receive a refund as
 22 13 provided in this section; but if the license or permit is
 22 14 revoked or suspended upon hearing the licensee or permittee is
 22 15 not eligible for the refund of any portion of the license or
 22 16 permit fee.
 22 17    Sec. 18.  Section 218.99, Code 2003, is amended to read as
 22 18 follows:
 22 19    218.99  COUNTIES TO BE NOTIFIED OF PATIENTS' PERSONAL
 22 20 ACCOUNTS.
 22 21    The administrator in control of a state institution shall
 22 22 direct the business manager of each institution under the
 22 23 administrator's jurisdiction which is mentioned in section
 22 24 331.424, subsection 1, paragraphs "a" and "b", and for which
 22 25 services are paid under section 331.424A, to quarterly inform
 22 26 the county of legal settlement's entity designated to perform
 22 27 the county's single entry point process of any patient or
 22 28 resident who has an amount in excess of two hundred dollars on
 22 29 account in the patients' personal deposit fund and the amount
 22 30 on deposit.  The administrators shall direct the business
 22 31 manager to further notify the entity designated to perform the
 22 32 county's single entry point process at least fifteen days
 22 33 before the release of funds in excess of two hundred dollars
 22 34 or upon the death of the patient or resident.  If the patient
 22 35 or resident has no county of legal settlement, notice shall be
 23  1 made to the director of human services and the administrator
 23  2 in control of the institution involved.
 23  3    Sec. 19.  Section 331.263, subsection 2, Code 2003, is
 23  4 amended to read as follows:
 23  5    2.  The governing body of the community commonwealth shall
 23  6 have the authority to levy county taxes and shall have the
 23  7 authority to levy city taxes to the extent the city tax levy
 23  8 authority is transferred by the charter to the community
 23  9 commonwealth.  A city participating in the community
 23 10 commonwealth shall transfer a portion of the city's tax levy
 23 11 authorized under section 384.1 or 384.12, whichever is
 23 12 applicable, to the governing body of the community
 23 13 commonwealth.  The maximum rates amount of taxes authorized to
 23 14 be levied under sections section 384.1 and the maximum rates
 23 15 of taxes authorized to be levied under section 384.12 by a
 23 16 city participating in the community commonwealth shall be
 23 17 reduced by an amount equal to the rates of the same or similar
 23 18 taxes levied in the city by the governing body of the
 23 19 community commonwealth.
 23 20    Sec. 20.  Section 331.301, subsection 12, Code 2003, is
 23 21 amended to read as follows:
 23 22    12.  The board of supervisors may credit funds to a reserve
 23 23 for the purposes authorized by subsection 11 of this section;
 23 24 section 331.424, subsection 1, paragraph "f"; and section
 23 25 331.441, subsection 2, paragraph "b".  Moneys credited to the
 23 26 reserve, and interest earned on such moneys, shall remain in
 23 27 the reserve until expended for purposes authorized by
 23 28 subsection 11 of this section; section 331.424, subsection 1,
 23 29 paragraph "f"; or section 331.441, subsection 2, paragraph
 23 30 "b".
 23 31    Sec. 21.  Section 331.325, Code 2003, is amended to read as
 23 32 follows:
 23 33    331.325  CONTROL AND MAINTENANCE OF PIONEER CEMETERIES ==
 23 34 CEMETERY COMMISSION.
 23 35    1.  As used in this section, "pioneer cemetery" means a
 24  1 cemetery where there have been six or fewer burials in the
 24  2 preceding fifty years.
 24  3    2.  Each county board of supervisors may adopt an ordinance
 24  4 assuming jurisdiction and control of pioneer cemeteries in the
 24  5 county.  The board shall exercise the powers and duties of
 24  6 township trustees relating to the maintenance and repair of
 24  7 cemeteries in the county as provided in sections 359.28
 24  8 through 359.41 except that the board shall not certify a tax
 24  9 levy pursuant to section 359.30 or 359.33 and except that the
 24 10 maintenance and repair of all cemeteries under the
 24 11 jurisdiction of the county including pioneer cemeteries shall
 24 12 be paid from the county general cemetery fund.  The
 24 13 maintenance and improvement program for a pioneer cemetery may
 24 14 include restoration and management of native prairie grasses
 24 15 and wildflowers.
 24 16    3.  In lieu of management of the cemeteries, the board of
 24 17 supervisors may create, by ordinance, a cemetery commission to
 24 18 assume jurisdiction and management of the pioneer cemeteries
 24 19 in the county.  The ordinance shall delineate the number of
 24 20 commissioners, the appointing authority, the term of office,
 24 21 officers, employees, organizational matters, rules of
 24 22 procedure, compensation and expenses, and other matters deemed
 24 23 pertinent by the board.  The board may delegate any power and
 24 24 duties relating to cemeteries which may otherwise be exercised
 24 25 by township trustees pursuant to sections 359.28 through
 24 26 359.41 to the cemetery commission except the commission shall
 24 27 not certify a tax levy pursuant to section 359.30 or 359.33
 24 28 and except that the expenses of the cemetery commission shall
 24 29 be paid from the county general cemetery fund.
 24 30    4.  Notwithstanding sections 359.30 and 359.33, the costs
 24 31 of management, repair, and maintenance of pioneer cemeteries
 24 32 shall be paid from the county general cemetery fund.
 24 33    Sec. 22.  Section 331.421, subsections 1 and 10, Code 2003,
 24 34 are amended by striking the subsections.
 24 35    Sec. 23.  Section 331.421, Code 2003, is amended by adding
 25  1 the following new subsection:
 25  2    NEW SUBSECTION.  7A.  "Item" means a budgeted expenditure,
 25  3 appropriation, or cash reserve from a fund for a service area,
 25  4 program, program element, or purpose.
 25  5    Sec. 24.  Section 331.422, unnumbered paragraph 1, Code
 25  6 2003, is amended to read as follows:
 25  7    Subject to this section and sections 331.423 through
 25  8 331.426 331.425 or as otherwise provided by state law, the
 25  9 board of each county shall certify property taxes annually at
 25 10 its March session to be levied for county purposes as follows:
 25 11    Sec. 25.  Section 331.422, Code 2003, is amended by adding
 25 12 the following new subsection:
 25 13    NEW SUBSECTION.  2A.  Taxes in the amount necessary to meet
 25 14 obligations under section 331.425, subsection 1, paragraphs
 25 15 "a" and "b", shall be levied on all taxable property in the
 25 16 county.
 25 17    Sec. 26.  Section 331.424A, subsection 4, Code Supplement
 25 18 2003, is amended to read as follows:
 25 19    4.  For the fiscal year beginning July 1, 1996, and for
 25 20 each subsequent fiscal year, the county shall certify a levy
 25 21 for payment of services.  For each fiscal year, county
 25 22 revenues from taxes imposed by the county credited to the
 25 23 services fund shall not exceed an amount equal to the amount
 25 24 of base year expenditures for services as defined in section
 25 25 331.438, less the amount of property tax relief to be received
 25 26 pursuant to section 426B.2, in the fiscal year for which the
 25 27 budget is certified.  The county auditor and the board of
 25 28 supervisors shall reduce the amount of the levy certified for
 25 29 the services fund by the amount of property tax relief to be
 25 30 received.  A levy certified under this section is not subject
 25 31 to the appeal provisions of section 331.426 or to any other
 25 32 provision in law authorizing a county to exceed, increase, or
 25 33 appeal a property tax levy limit.
 25 34    Sec. 27.  Section 331.424B, Code 2003, is amended to read
 25 35 as follows:
 26  1    331.424B  CEMETERY LEVY.
 26  2    The board may levy annually a tax on all taxable property
 26  3 in the county not to exceed six and three=fourths cents per
 26  4 thousand dollars of the assessed value of all taxable property
 26  5 in the county to repair and maintain all cemeteries under the
 26  6 jurisdiction of the board including pioneer cemeteries and to
 26  7 pay other expenses of the board or the cemetery commission as
 26  8 provided in section 331.325.  The proceeds of the tax levy
 26  9 shall be credited to the county general cemetery fund.
 26 10    Sec. 28.  Section 331.427, subsection 3, paragraph 1, Code
 26 11 Supplement 2003, is amended to read as follows:
 26 12    l.  Services listed in section 331.424, subsection 1, and
 26 13 section 331.554.
 26 14    Sec. 29.  Section 331.428, subsection 2, paragraph d, Code
 26 15 2003, is amended by striking the paragraph.
 26 16    Sec. 30.  Section 331.434, unnumbered paragraph 1, Code
 26 17 2003, is amended to read as follows:
 26 18    Annually, the board of each county, subject to sections
 26 19 331.423 through 331.426 331.425 and other applicable state
 26 20 law, shall prepare and adopt a budget, certify taxes, and
 26 21 provide appropriations as follows:
 26 22    Sec. 31.  Section 331.435, unnumbered paragraph 1, Code
 26 23 2003, is amended to read as follows:
 26 24    The board may amend the adopted county budget, subject to
 26 25 sections 331.423 through 331.426 331.425 and other applicable
 26 26 state law, to permit increases in any class of proposed
 26 27 expenditures contained in the budget summary published under
 26 28 section 331.434, subsection 3.
 26 29    Sec. 32.  Section 357B.8, subsection 2, paragraph c, Code
 26 30 2003, is amended to read as follows:
 26 31    c.  The benefited fire district shall certify the tax levy
 26 32 as provided in this subsection only after agreement granted by
 26 33 resolution of the city council.  The amount of the tax rate
 26 34 levied under this subsection shall reduce by an equal amount
 26 35 the maximum tax levy amount of taxes authorized for the
 27  1 general fund of that city levy under section 384.1.  If the
 27  2 district levies directly against property within a city to
 27  3 provide fire protection for that city, the city shall not be
 27  4 responsible for providing fire protection as provided in
 27  5 section 364.16, and shall have no liability for the method,
 27  6 manner, or means in which the district provides the fire
 27  7 protection.
 27  8    Sec. 33.  Section 373.10, Code 2003, is amended to read as
 27  9 follows:
 27 10    373.10  TAXING AUTHORITY.
 27 11    The metropolitan council shall have the authority to levy
 27 12 city taxes to the extent the city tax levy authority is
 27 13 transferred by the charter to the metropolitan council.  A
 27 14 member city shall transfer a portion of the city's tax levy
 27 15 authorized under section 384.1 or 384.12, whichever is
 27 16 applicable, to the metropolitan council.  The maximum rates
 27 17 amount of taxes authorized to be levied under sections section
 27 18 384.1 and the maximum rates of taxes authorized to be levied
 27 19 under section 384.12 by a member city shall be reduced by an
 27 20 amount equal to the rates of the same or similar taxes levied
 27 21 in the city by the metropolitan council.
 27 22    Sec. 34.  Section 386.8, Code 2003, is amended to read as
 27 23 follows:
 27 24    386.8  OPERATION TAX.
 27 25    A city may establish a self=supported improvement district
 27 26 operation fund, and may certify taxes not to exceed the rate
 27 27 limitation as established in the ordinance creating the
 27 28 district, or any amendment thereto, each year to be levied for
 27 29 the fund against all of the property in the district, for the
 27 30 purpose of paying the administrative expenses of the district,
 27 31 which may include but are not limited to administrative
 27 32 personnel salaries, a separate administrative office, planning
 27 33 costs including consultation fees, engineering fees,
 27 34 architectural fees, and legal fees and all other expenses
 27 35 reasonably associated with the administration of the district
 28  1 and the fulfilling of the purposes of the district.  The taxes
 28  2 levied for this fund may also be used for the purpose of
 28  3 paying maintenance expenses of improvements or self=
 28  4 liquidating improvements for a specified length of time with
 28  5 one or more options to renew if such is clearly stated in the
 28  6 petition which requests the council to authorize construction
 28  7 of the improvement or self=liquidating improvement, whether or
 28  8 not such petition is combined with the petition requesting
 28  9 creation of a district.  Parcels of property which are
 28 10 assessed as residential property for property tax purposes are
 28 11 exempt from the tax levied under this section except
 28 12 residential properties within a duly designated historic
 28 13 district.  A tax levied under this section is not subject to
 28 14 the maximum dollars levy limitation in section 384.1.
 28 15    Sec. 35.  Section 386.9, Code 2003, is amended to read as
 28 16 follows:
 28 17    386.9  CAPITAL IMPROVEMENT TAX.
 28 18    A city may establish a capital improvement fund for a
 28 19 district and may certify taxes, not to exceed the rate
 28 20 established by the ordinance creating the district, or any
 28 21 subsequent amendment thereto, each year to be levied for the
 28 22 fund against all of the property in the district, for the
 28 23 purpose of accumulating moneys for the financing or payment of
 28 24 a part or all of the costs of any improvement or self=
 28 25 liquidating improvement.  However, parcels of property which
 28 26 are assessed as residential property for property tax purposes
 28 27 are exempt from the tax levied under this section except
 28 28 residential properties within a duly designated historic
 28 29 district.  A tax levied under this section is not subject to
 28 30 the maximum dollars levy limitations limitation in section
 28 31 384.1 or the levy rate limitation in section 384.7.
 28 32    Sec. 36.  Section 331.426, Code 2003, is repealed.
 28 33    Sec. 37.  APPLICABILITY DATE.  This division of this Act
 28 34 applies to the fiscal year beginning July 1, 2005, and all
 28 35 subsequent fiscal years.
 29  1                           DIVISION IV
 29  2               STATE TAX IMPLEMENTATION COMMITTEE
 29  3    Sec. 38.  NEW SECTION.  8F.1  STATE TAX IMPLEMENTATION
 29  4 COMMITTEE.
 29  5    1.  On or before July 1, 2004, the department of revenue,
 29  6 in consultation with the department of management, shall
 29  7 initiate and coordinate the establishment of a state tax
 29  8 implementation committee.  The department of revenue and the
 29  9 department of management shall provide staffing assistance to
 29 10 the committee.
 29 11    2.  The state tax implementation committee shall include
 29 12 four members of the general assembly, one each appointed by
 29 13 the majority leader of the senate, the speaker of the house of
 29 14 representatives, the minority leader of the senate, and the
 29 15 minority leader of the house of representatives.  The
 29 16 committee shall also include members appointed by the
 29 17 department of revenue.  One member shall be appointed to
 29 18 represent each of the following:
 29 19    a.  The department of revenue.
 29 20    b.  The department of management.
 29 21    c.  Counties
 29 22    d.  Cities.
 29 23    e.  School districts.
 29 24    f.  County auditors.
 29 25    g.  Commercial property taxpayers.
 29 26    h.  Industrial property taxpayers.
 29 27    i.  Residential property taxpayers.
 29 28    j.  Agricultural property taxpayers.
 29 29    k.  Chapter 437A taxpayers.
 29 30    l.  An additional stateholder.
 29 31    The department may consider participation on the committee
 29 32 of former state officials with expertise in budget and tax
 29 33 policy.
 29 34    The chairpersons of the committee shall be those members of
 29 35 the general assembly appointed by the majority leader of the
 30  1 senate and the speaker of the house of representatives.
 30  2    The members of the committee representing the department of
 30  3 revenue and the department of management are nonvoting, ex
 30  4 officio members.
 30  5    3.  Legislative members of the committee are eligible for
 30  6 per diem and expenses as provided in section 2.10.  Other
 30  7 members may be eligible to receive compensation as provided in
 30  8 section 7E.6.  Any vacancy shall be filled in the same manner
 30  9 as regular appointments are made.
 30 10    4.  The committee shall meet quarterly and at other times
 30 11 as necessary at the call of the chairpersons.  Written notice
 30 12 of the time and place of each meeting shall be given to each
 30 13 member of the committee.
 30 14    Sec. 39.  NEW SECTION.  8F.2  REVIEW OF STATE AND LOCAL
 30 15 REVENUE AND SERVICES.
 30 16    1.  The committee shall conduct a review of the following:
 30 17    a.  Revenue sources available to local governments and
 30 18 school districts, including taxes, fees, state appropriations,
 30 19 and federal moneys.
 30 20    b.  Revenue sources available to the state, including
 30 21 taxes, fees, and federal moneys, and the portion of state
 30 22 revenues annually appropriated, or otherwise disbursed, to
 30 23 local governments.
 30 24    c.  Exemptions, credits, deductions, exclusions, and other
 30 25 reductions in state or local taxes made available, by state
 30 26 statute or local ordinance, to state and local taxpayers.
 30 27    d.  Services provided by local governments, including those
 30 28 provided at the discretion of a local government and those
 30 29 mandated by federal or state statutes and regulations.
 30 30    In conducting its review of revenue sources, the committee
 30 31 shall study state and local taxes from the standpoint of
 30 32 equity, neutrality, competitiveness, simplicity, and
 30 33 stability.
 30 34    2.  The committee shall monitor implementation of sections
 30 35 331.423, 331.423A, 331.423B, 384.1, 384.1A, and 384.1B, as
 31  1 amended or enacted by this Act.
 31  2    3.  The committee may hold public hearings to allow persons
 31  3 and organizations to be heard.
 31  4    4.  The committee shall submit an annual report to the
 31  5 general assembly no later than January 15 of each year.  The
 31  6 report shall summarize the committee's activities to date and
 31  7 may include such other information that the committee deems
 31  8 relevant and necessary.
 31  9    Sec. 40.  NEW SECTION.  8F.3  INFORMATION.
 31 10    The committee may request from any state agency or official
 31 11 the information and assistance as needed to perform the review
 31 12 and monitoring required in section 8F.2.  A state agency or
 31 13 official shall furnish the information or assistance requested
 31 14 within the authority and resources of the state agency or
 31 15 official.  This section does not allow the examination or
 31 16 copying of any public record required by law to be kept
 31 17 confidential.
 31 18    Sec. 41.  NEW SECTION.  8F.4  FUTURE REPEAL.
 31 19    This chapter is repealed effective July 1, 2008.
 31 20    Sec. 42.  EFFECTIVE DATE.  This division of this Act, being
 31 21 deemed of immediate importance, takes effect upon enactment.
 31 22                           EXPLANATION
 31 23    This bill relates to the limitation on property taxes for
 31 24 counties and cities by removing the property tax rate
 31 25 limitations on counties and cities and substituting a
 31 26 limitation on property tax dollars, and by creating a state
 31 27 tax implementation committee.
 31 28    Division I of the bill removes the property tax rate
 31 29 limitations on counties and cities and substitutes a
 31 30 limitation on the maximum amount of property tax dollars that
 31 31 may be certified by a county.
 31 32    The division requires each county and city to compute a
 31 33 maximum property tax dollars base based on averages of three
 31 34 fiscal years' worth of tax askings by the county multiplied by
 31 35 a cumulative growth factor, i.e., price index, applied to the
 32  1 average.  An adjustment is made for ending fund balance
 32  2 differentials between three specified fiscal years.  In the
 32  3 alternative, a county or city may compute the maximum property
 32  4 tax dollars base on taxes levied for the fiscal year beginning
 32  5 July 1, 2002, with inflation for that year applied and
 32  6 adjusted by an ending fund balance differential for FY 2002=
 32  7 2003 and FY 2001=2002.
 32  8    The division provides that the base amount calculation
 32  9 shall be the tentative maximum property tax base for the
 32 10 fiscal year beginning July 1, 2005, as adjusted by the growth
 32 11 factor.  Each year, property tax replacement dollars to be
 32 12 received and local sales and services taxes to be received are
 32 13 subtracted from the amount of property taxes for the fiscal
 32 14 year to reach the maximum amount of property taxes authorized
 32 15 to be levied for the fiscal year.  "Property tax replacement
 32 16 dollars" is defined to mean revenues received from the utility
 32 17 delivery, generation, and transmission taxes; revenues
 32 18 received from gambling if specifically designated by the
 32 19 county or city for property tax relief; and amounts
 32 20 appropriated by the general assembly as property tax relief.
 32 21    The division provides that a county or city that has not
 32 22 levied at its maximum for a year may carry forward the unused
 32 23 taxing authority from year to year in an amount not to exceed
 32 24 25 percent of the maximum dollars available for the year.  The
 32 25 division also provides that taxes from new valuation be added
 32 26 in separately to the formula.
 32 27    The division provides that the ending fund balance for the
 32 28 county general and rural funds and the city general fund shall
 32 29 not exceed 25 percent of the budget for the fiscal year unless
 32 30 the excess is reserved or designated for a specific purpose.
 32 31 Through fiscal year 2010=2011, counties and cities may levy
 32 32 unused ending fund balance taxing authority based on the
 32 33 amount of the ending fund balance for fiscal year 2003=2004.
 32 34    The division allows a county or city to exceed its maximum
 32 35 tax authority for up to two years at a time if approved by the
 33  1 voters at a special election.  The division also allows the
 33  2 secondary road fund levy limits for counties to be exceeded if
 33  3 approved by the voters at a special election.
 33  4    Division II of the bill repeals the sections of House File
 33  5 692 from the 2003 Extraordinary Session of the General
 33  6 Assembly that created the square footage tax.  The division
 33  7 takes effect upon enactment.
 33  8    Division III of the bill contains corresponding and
 33  9 conforming amendments.  The division repeals the supplemental
 33 10 levy for counties and the sections of the Code that currently
 33 11 allow counties to exceed their levy rate limitations.  The
 33 12 division gives counties authority to establish a cemetery fund
 33 13 and to establish supplemental funds for employee benefits,
 33 14 tort liability, and other specified accounting purposes.
 33 15    Division IV of the bill creates a state tax implementation
 33 16 committee.  The members of the committee include members of
 33 17 the general assembly, representatives of the department of
 33 18 revenue and the department of management, and representatives
 33 19 of various local governments and taxpayers.
 33 20    The division requires the committee to conduct a review of
 33 21 state and local taxation in Iowa and to monitor implementation
 33 22 of this bill.  The committee is to report annually to the
 33 23 general assembly by January 15 of each year.
 33 24    The committee is abolished July 1, 2008.
 33 25    Division IV takes effect upon enactment.
 33 26    Divisions I and III of the bill apply to the fiscal year
 33 27 beginning July 1, 2005, and all subsequent fiscal years.
 33 28 LSB 6911YC 80
 33 29 sc/cf/24