House File 2583 - Introduced



                                       HOUSE FILE       
                                       BY  STRUYK


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

                                      A BILL FOR

  1 An Act relating to property taxation and the school finance
  2    formula by providing for an increase in the foundation
  3    property tax and an increase in the regular program foundation
  4    base, and providing effective and applicability dates.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 5945YH 81
  7 rn/je/5

PAG LIN



  1  1    Section 1.  Section 257.1, subsection 2, unnumbered
  1  2 paragraph 2, Code 2005, is amended to read as follows:
  1  3    For the budget year commencing July 1, 1999, and for each
  1  4 succeeding budget year the regular program foundation base per
  1  5 pupil is eighty=seven and five=tenths percent of the regular
  1  6 program state cost per pupil.  For the budget years beginning
  1  7 July 1, 2006, through July 1, 2010, the regular program
  1  8 foundation base per pupil shall be annually determined by the
  1  9 department of management, in consultation with the legislative
  1 10 services agency and the department of education, in an amount
  1 11 which maintains the proportion of state foundation aid and
  1 12 property taxation on a statewide basis as it existed for the
  1 13 budget year beginning July 1, 2005.  For the budget year
  1 14 beginning July 1, 2011, and each succeeding budget year, the
  1 15 regular program foundation base per pupil is one hundred
  1 16 percent of the regular program state cost per pupil.  For the
  1 17 budget year commencing July 1, 1991, and for each succeeding
  1 18 budget year the special education support services foundation
  1 19 base is seventy=nine percent of the special education support
  1 20 services state cost per pupil.  The combined foundation base
  1 21 is the sum of the regular program foundation base and the
  1 22 special education support services foundation base.
  1 23    Sec. 2.  Section 257.3, subsection 1, unnumbered paragraph
  1 24 1, Code 2005, is amended to read as follows:
  1 25    Except as provided in subsections 2 and 3, a school
  1 26 district shall cause to be levied each year, for the school
  1 27 general fund, a foundation property tax equal to five dollars
  1 28 and forty cents calculated per thousand dollars of assessed
  1 29 valuation on all taxable property in the district as follows:
  1 30    a.  For the budget year beginning July 1, 2006, six dollars
  1 31 and ten cents per thousand dollars of assessed valuation.
  1 32    b.  For the budget year beginning July 1, 2007, six dollars
  1 33 and eighty cents per thousand dollars of assessed valuation.
  1 34    c.  For the budget year beginning July 1, 2008, seven
  1 35 dollars and fifty cents per thousand dollars of assessed
  2  1 valuation.
  2  2    d.  For the budget year beginning July 1, 2009, eight
  2  3 dollars and twenty cents per thousand dollars of assessed
  2  4 valuation.
  2  5    e.  For the budget year beginning July 1, 2010, eight
  2  6 dollars and ninety cents per thousand dollars of assessed
  2  7 valuation.
  2  8    f.  For the budget year beginning July 1, 2011, and each
  2  9 succeeding budget year, the foundation property tax shall be
  2 10 annually determined by the department of management, in
  2 11 consultation with the legislative services agency and the
  2 12 department of education, in an amount which maintains the
  2 13 proportion of state foundation aid and property taxation on a
  2 14 statewide basis as it existed for the budget year beginning
  2 15 July 1, 2005.
  2 16    PARAGRAPH DIVIDED.  The county auditor shall spread the
  2 17 foundation levy over all taxable property in the district.
  2 18    Sec. 3.  Section 257.3, subsection 2, paragraphs a and b,
  2 19 Code 2005, are amended to read as follows:
  2 20    a.  Notwithstanding subsection 1, a reorganized school
  2 21 district shall cause a reduced foundation property tax of four
  2 22 dollars and forty cents per thousand dollars of assessed
  2 23 valuation to be levied on all taxable property which, in the
  2 24 year preceding a reorganization, was within a school district
  2 25 affected by the reorganization as defined in section 275.1, or
  2 26 in the year preceding a dissolution was a part of a school
  2 27 district that dissolved if the dissolution proposal has been
  2 28 approved by the director of the department of education
  2 29 pursuant to section 275.55.  The amount of the reduction shall
  2 30 be determined by the department of management in an amount
  2 31 corresponding to one dollar per thousand dollars of assessed
  2 32 valuation for the initial budget year in which the
  2 33 reorganization or dissolution takes place, fifty cents per
  2 34 thousand dollars of assessed valuation for the first
  2 35 succeeding year, and twenty=five cents per thousand dollars of
  3  1 assessed valuation for the second succeeding year.  Beginning
  3  2 in the third succeeding year, the foundation property tax
  3  3 shall be levied at the rate otherwise applicable had the
  3  4 reorganization or dissolution not taken place.
  3  5    b.  In succeeding school years, the foundation property tax
  3  6 levy on that portion shall be increased to the rate of four
  3  7 dollars and ninety cents per thousand dollars of assessed
  3  8 valuation the first succeeding year, five dollars and fifteen
  3  9 cents per thousand dollars of assessed valuation the second
  3 10 succeeding year, and five dollars and forty cents per thousand
  3 11 dollars of assessed valuation the third succeeding year and
  3 12 each year thereafter.
  3 13    Sec. 4.  Section 257.16, Code 2005, is amended by adding
  3 14 the following new subsection:
  3 15    NEW SUBSECTION.  5.  a.  For the school budget year
  3 16 beginning July 1, 2006, the department of management shall
  3 17 calculate for each district the difference between the sum of
  3 18 the revenues generated by the foundation property tax and the
  3 19 additional property tax in the district calculated for the
  3 20 budget year beginning July 1, 2006, and the revenues that
  3 21 would have been generated by the foundation property tax and
  3 22 the additional property tax in that district for the budget
  3 23 year beginning July 1, 2005.  However, in making the
  3 24 calculation of the difference in revenues under this
  3 25 subsection, the department shall not include the revenues
  3 26 generated under section 257.37 for funding media and
  3 27 educational services through the area education agencies.  If
  3 28 the property tax revenues for a district calculated for the
  3 29 budget year beginning July 1, 2006, exceed the property tax
  3 30 revenues for that district calculated for the budget year
  3 31 beginning July 1, 2005, the department of management shall
  3 32 reduce the revenues raised by the the additional property tax
  3 33 levy in that district by that difference and the department of
  3 34 education shall pay property tax adjustment aid to the
  3 35 district equal to that difference from moneys appropriated for
  4  1 property tax adjustment aid.
  4  2    b.  For the budget year beginning July 1, 2007, and
  4  3 succeeding budget years, the department of education shall pay
  4  4 property tax adjustment aid to a school district equal to the
  4  5 amount paid to the district for the base year less an amount
  4  6 equal to the product of the state percent of growth for the
  4  7 budget year multiplied by the amount paid to the district for
  4  8 the base year.  The department of management shall adjust the
  4  9 rate of the additional property tax accordingly and notify the
  4 10 department of education of the amount of aid to be paid to
  4 11 each district from moneys appropriated for property tax
  4 12 adjustment aid.
  4 13    c.  Property tax adjustment aid shall be paid to school
  4 14 districts in the manner provided in this section.
  4 15    Sec. 5.  Section 425A.3, subsection 1, Code 2005, is
  4 16 amended to read as follows:
  4 17    1.  The family farm tax credit fund shall be apportioned
  4 18 each year in the manner provided in this chapter so as to give
  4 19 a credit against the tax on each eligible tract of
  4 20 agricultural land within the several school districts of the
  4 21 state in which the levy for the general school fund exceeds
  4 22 five dollars and forty cents per thousand dollars of assessed
  4 23 value the amount specified in section 257.3, subsection 1.
  4 24 The amount of the credit on each eligible tract of
  4 25 agricultural land shall be the amount the tax levied for the
  4 26 general school fund exceeds the amount of tax which would be
  4 27 levied on each eligible tract of agricultural land were the
  4 28 levy for the general school fund five dollars and forty cents
  4 29 per thousand dollars of assessed value the amount specified in
  4 30 section 257.3, subsection 1 for the previous year.  However,
  4 31 in the case of a deficiency in the family farm tax credit fund
  4 32 to pay the credits in full, the credit on each eligible tract
  4 33 of agricultural land in the state shall be proportionate and
  4 34 applied as provided in this chapter.
  4 35    Sec. 6.  Section 425A.5, Code 2005, is amended to read as
  5  1 follows:
  5  2    425A.5  COMPUTATION BY COUNTY AUDITOR.
  5  3    The family farm tax credit allowed each year shall be
  5  4 computed as follows:  On or before April 1, the county auditor
  5  5 shall list by school districts all tracts of agricultural land
  5  6 which are entitled to credit, the taxable value for the
  5  7 previous year, the budget from each school district for the
  5  8 previous year, and the tax rate determined for the general
  5  9 fund of the school district in the manner prescribed in
  5 10 section 444.3 for the previous year, and if the tax rate is in
  5 11 excess of five dollars and forty cents per thousand dollars of
  5 12 assessed value the rate specified in section 257.3, subsection
  5 13 1, the auditor shall multiply the tax levy which is in excess
  5 14 of five dollars and forty cents per thousand dollars of
  5 15 assessed value the rate specified in section 257.3, subsection
  5 16 1, by the total taxable value of the agricultural land
  5 17 entitled to credit in the school district, and on or before
  5 18 April 1, certify the total amount of credit and the total
  5 19 number of acres entitled to the credit to the department of
  5 20 revenue.
  5 21    Sec. 7.  Section 426.3, Code 2005, is amended to read as
  5 22 follows:
  5 23    426.3  WHERE CREDIT GIVEN.
  5 24    The agricultural land credit fund shall be apportioned each
  5 25 year in the manner hereinafter provided so as to give a credit
  5 26 against the tax on each tract of agricultural lands within the
  5 27 several school districts of the state in which the levy for
  5 28 the general school fund exceeds five dollars and forty cents
  5 29 per thousand dollars of assessed value the amount specified in
  5 30 section 257.3, subsection 1; the amount of such credit on each
  5 31 tract of such lands shall be the amount the tax levied for the
  5 32 general school fund exceeds the amount of tax which would be
  5 33 levied on said tract of such lands were the levy for the
  5 34 general school fund five dollars and forty cents per thousand
  5 35 dollars of assessed value for the previous year the amount
  6  1 specified in section 257.3, subsection 1, except in the case
  6  2 of a deficiency in the agricultural land credit fund to pay
  6  3 said credits in full, in which case the credit on each
  6  4 eligible tract of such lands in the state shall be
  6  5 proportionate and shall be applied as hereinafter provided.
  6  6    Sec. 8.  Section 426.6, unnumbered paragraph 1, Code 2005,
  6  7 is amended to read as follows:
  6  8    The agricultural land tax credit allowed each year shall be
  6  9 computed as follows:  On or before April 1, the county auditor
  6 10 shall list by school districts all tracts of agricultural
  6 11 lands which are entitled to credit, together with the taxable
  6 12 value for the previous year, together with the budget from
  6 13 each school district for the previous year, and the tax rate
  6 14 determined for the general fund of the district in the manner
  6 15 prescribed in section 444.3 for the previous year, and if such
  6 16 tax rate is in excess of five dollars and forty cents per
  6 17 thousand dollars of assessed value the rate specified in
  6 18 section 257.3, subsection 1, the auditor shall multiply the
  6 19 tax levy which is in excess of five dollars and forty cents
  6 20 per thousand dollars of assessed value the rate specified in
  6 21 section 257.3, subsection 1, by the total taxable value of the
  6 22 agricultural lands entitled to credit in the district, and on
  6 23 or before April 1, certify the amount to the department of
  6 24 revenue.
  6 25    Sec. 9.  EFFECTIVE AND APPLICABILITY DATES.
  6 26    1.  The sections of this Act amending section 257.1
  6 27 relating to the calculation of the regular program foundation
  6 28 base per pupil, relating to the foundation property tax
  6 29 pursuant to section 257.3, and providing for the payment of
  6 30 property tax adjustment aid pursuant to section 257.16, being
  6 31 deemed of immediate importance, take effect upon enactment.
  6 32    2.  The sections of this Act amending provisions relating
  6 33 to the family farm tax credit and the agricultural land tax
  6 34 credit take effect January 1, 2007, for taxes payable in the
  6 35 fiscal year beginning July 1, 2007.
  7  1                           EXPLANATION
  7  2    This bill increases and modifies the levels and methods of
  7  3 computation of the foundation property tax levy and the
  7  4 regular program foundation base within the school finance
  7  5 formula.
  7  6    The bill provides that for the budget years beginning July
  7  7 1, 2006, through July 1, 2010, the regular program foundation
  7  8 base per pupil shall be annually determined by the department
  7  9 of management, in consultation with the legislative services
  7 10 agency and the department of education, in an amount which
  7 11 maintains the proportion of state foundation aid and property
  7 12 taxation on a statewide basis as it existed for the budget
  7 13 year beginning July 1, 2005.  For the budget year beginning
  7 14 July 1, 2011, and succeeding budget years, the bill provides
  7 15 that the regular program foundation base per pupil is 100
  7 16 percent of the regular program state cost per pupil.
  7 17    With regard to the level of the foundation property tax,
  7 18 the bill provides that the tax shall equal for the budget year
  7 19 beginning July 1, 2006, $6.10 per $1,000 of assessed
  7 20 valuation, for the budget year beginning July 1, 2007, $6.80
  7 21 per $1,000 of assessed valuation, for the budget year
  7 22 beginning July 1, 2008, $7.50 per $1,000 of assessed
  7 23 valuation, for the budget year beginning July 1, 2009, $8.20
  7 24 per $1,000 of assessed valuation, and for the budget year
  7 25 beginning July 1, 2010, $8.90 per $1,000 of assessed
  7 26 valuation.  The bill provides that for the budget year
  7 27 beginning July 1, 2011, and succeeding budget years, the
  7 28 foundation property tax shall be annually determined by the
  7 29 department of management, in consultation with the legislative
  7 30 services agency and the department of education, in an amount
  7 31 which maintains the proportion of state foundation aid and
  7 32 property taxation within each district on a statewide basis as
  7 33 it existed for the budget year beginning July 1, 2005.
  7 34    Currently, a district which reorganizes or dissolves
  7 35 qualifies for a reduced foundation property tax level, which
  8  1 gradually increases over the next succeeding budget years
  8  2 following the reorganization or dissolution.  The bill
  8  3 modifies these provisions such that the amount of the
  8  4 reduction shall be determined annually by the department of
  8  5 management in an amount corresponding to $1 in the initial
  8  6 year of the reorganization or dissolution, 50 cents in the
  8  7 first succeeding year, and 25 cents in the second succeeding
  8  8 year.  The bill provides that the reduced foundation property
  8  9 tax shall remain applicable for a period of three years
  8 10 following the year in which the reorganization or dissolution
  8 11 takes place, after which the level shall be increased to the
  8 12 level which would otherwise be applicable in the event that a
  8 13 reorganization or dissolution had not occurred.
  8 14    The bill additionally provides that for the school budget
  8 15 year beginning July 1, 2006, the department of management
  8 16 shall calculate for each district the difference between the
  8 17 sum of the revenues generated by the foundation property tax
  8 18 and the additional property tax in the district calculated for
  8 19 the budget year beginning July 1, 2006, and the revenues that
  8 20 would have been generated by the foundation property tax and
  8 21 the additional property tax in that district for the preceding
  8 22 budget year.  If the property tax revenues for a district
  8 23 calculated for the budget year beginning July 1, 2006, exceed
  8 24 the property tax revenues for that district calculated for the
  8 25 preceding budget year, the bill provides that the department
  8 26 of management shall reduce the revenues raised by the
  8 27 foundation property tax and the additional property tax levy
  8 28 in that district by that difference and the department of
  8 29 education shall pay property tax adjustment aid to the
  8 30 district equal to that difference.  The bill provides that for
  8 31 the budget year beginning July 1, 2007, and succeeding budget
  8 32 years, the department of education shall pay property tax
  8 33 adjustment aid to a school district equal to the amount paid
  8 34 to the district for the base year less an amount equal to the
  8 35 product of the state percent of growth for the budget year
  9  1 multiplied by the amount paid to the district for the base
  9  2 year.  The bill provides that the department of management
  9  3 shall adjust the rate of the foundation property tax and the
  9  4 additional property tax accordingly and notify the department
  9  5 of education of the amount of aid to be paid to each district.
  9  6 The bill provides that the proportion of adjustment aid shall
  9  7 be payable to school districts in the manner provided in
  9  8 subsections 1 and 2 of Code section 257.16.
  9  9    The bill makes conforming changes to provisions of the
  9 10 family farm tax credit and the agricultural land tax credit,
  9 11 relating to the increases in the levels of the foundation
  9 12 property tax.
  9 13    The bill provides that sections amending provisions
  9 14 relating to the family farm tax credit and the agricultural
  9 15 land tax credit take effect January 1, 2007, for taxes payable
  9 16 in the fiscal year beginning July 1, 2007.  The bill provides
  9 17 that all other sections take effect upon enactment.
  9 18 LSB 5945YH 81
  9 19 rn:rj/je/5.1