House File 730 - Introduced



                                       HOUSE FILE       
                                       BY  PAULSEN


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

                                      A BILL FOR

  1 An Act establishing a property tax limitation for cities and
  2    counties and including an effective date and applicability
  3    date provision.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2890YH 81
  6 sc/gg/14

PAG LIN



  1  1    Section 1.  NEW SECTION.  444.25  PROPERTY TAX LIMITATIONS.
  1  2    1.  COUNTY LIMITATION.
  1  3    a.  For the fiscal year beginning July 1, 2006, and for all
  1  4 subsequent fiscal years, the maximum amount of property tax
  1  5 dollars that may be certified by a county for taxes payable in
  1  6 the budget year shall not exceed the amount of property tax
  1  7 dollars certified by the county for taxes payable in the
  1  8 current fiscal year for each of the levies for the following:
  1  9    (1)  General county services under section 331.422,
  1 10 subsection 1.
  1 11    (2)  Rural county services under section 331.422,
  1 12 subsection 2.
  1 13    (3)  Other taxes under section 331.422, subsection 4.
  1 14    b.  The limitation provided in this subsection does not
  1 15 apply to the levies on the increase in taxable valuation due
  1 16 to new construction, additions or improvements to existing
  1 17 structures, remodeling of existing structures for which a
  1 18 building permit is required, annexation, and phasing out of
  1 19 tax exemptions, and on the increase in valuation of taxable
  1 20 property as a result of a comprehensive revaluation by a
  1 21 private appraiser under a contract entered into prior to
  1 22 January 1, 2005, or as a result of a comprehensive revaluation
  1 23 directed or authorized by the conference board prior to
  1 24 January 1, 2005, with documentation of the contract,
  1 25 authorization, or directive on the revaluation provided to the
  1 26 director of revenue, if the levies are equal to or less than
  1 27 the levies for the previous year; levies on that portion of
  1 28 the taxable property located in an urban renewal project the
  1 29 tax revenues from which are no longer divided as provided in
  1 30 section 403.19, subsection 2; or as otherwise provided in this
  1 31 section.
  1 32    2.  CITY LIMITATION.
  1 33    a.  For the fiscal year beginning July 1, 2006, and for all
  1 34 subsequent fiscal years, the maximum amount of property tax
  1 35 dollars that may be certified by a city for taxes payable in
  2  1 the budget year shall not exceed the amount in property tax
  2  2 dollars certified by the city for taxes payable in the current
  2  3 fiscal year for each of the levies for the following:
  2  4    (1)  City government purposes under section 384.1.
  2  5    (2)  Emergency fund purposes under section 384.8.
  2  6    (3)  Other city government purposes under section 384.12
  2  7 unless such levies have been approved by a vote of the people.
  2  8    b.  The limitation provided in this subsection does not
  2  9 apply to the levies on the increase in taxable valuation due
  2 10 to new construction, additions or improvements to existing
  2 11 structures, remodeling of existing structures for which a
  2 12 building permit is required, annexation, and phasing out of
  2 13 tax exemptions, and on the increase in valuation of taxable
  2 14 property as a result of a comprehensive revaluation by a
  2 15 private appraiser under a contract entered into prior to
  2 16 January 1, 2005, or as a result of a comprehensive revaluation
  2 17 directed or authorized by the conference board prior to
  2 18 January 1, 2005, with documentation of the contract,
  2 19 authorization, or directive on the revaluation provided to the
  2 20 director of revenue, if the levies are equal to or less than
  2 21 the levies for the previous year; levies on that portion of
  2 22 the taxable property located in an urban renewal project the
  2 23 tax revenues from which are no longer divided as provided in
  2 24 section 403.19, subsection 2; or as otherwise provided in this
  2 25 section.
  2 26    3.  GROWTH OPPORTUNITIES.  The dollar amount computed under
  2 27 subsection 1 or 2 may be increased each year, as provided in
  2 28 this subsection.
  2 29    a.  The dollar amount determined in subsection 1, paragraph
  2 30 "a", or subsection 2, paragraph "a", shall be increased by the
  2 31 product of the amount in subsection 1, paragraph "a", or
  2 32 subsection 2, paragraph "a", and the percentage change in the
  2 33 consumer price index or times one and one=half percent,
  2 34 whichever is lower.  For purposes of this subsection,
  2 35 "consumer price index" means the percentage rate of change in
  3  1 the consumer price index as tabulated by the United States
  3  2 department of labor, bureau of labor statistics, for the
  3  3 twelve=month period ending June 30 of the fiscal year
  3  4 immediately preceding the current fiscal year.
  3  5    b.  The dollar amount determined in subsection 1, paragraph
  3  6 "a", or subsection 2, paragraph "a", may be increased by an
  3  7 additional one percent for the fiscal year following the
  3  8 calendar year that the federal government disseminates
  3  9 population data pursuant to Pub. L. No. 94=171 if such data
  3 10 shows that the population of the county or city, as
  3 11 applicable, increased by ten percent or more from the previous
  3 12 federal decennial census.
  3 13    c.  The dollar amount determined in subsection 1, paragraph
  3 14 "a", or subsection 2, paragraph "a", may be increased by an
  3 15 additional one percent if the budget year enrollment in the
  3 16 county or city, as applicable, increased by more than two
  3 17 percent over the enrollment in the current fiscal year.  For
  3 18 purposes of this paragraph, "enrollment" means the number of
  3 19 pupils residing in the county or city, as applicable, and
  3 20 attending kindergarten through twelfth grade in an accredited
  3 21 public or nonpublic school in the state.
  3 22    4.  EXCEPTIONS.  The limitations provided in subsections 1
  3 23 and 2 do not apply to the levies made for the following:
  3 24    a.  Debt service to be deposited into the debt service fund
  3 25 pursuant to section 331.430 or 384.4.
  3 26    b.  Trust and agency purposes as described in section 384.6
  3 27 to be deposited in the trust and agency funds established by a
  3 28 city or as described in section 331.424, subsection 1,
  3 29 paragraph "d", and section 331.424, subsection 2, paragraph
  3 30 "a".
  3 31    c.  Taxes or tax levies approved by a vote of the people.
  3 32    d.  Hospitals pursuant to chapters 37, 347, and 347A.
  3 33    5.  APPEAL PROCEDURES.  If a city or county needs to
  3 34 increase the amount of property tax dollars raised from a tax
  3 35 levy in excess of the amounts allowed in subsections 1 through
  4  1 3, the following procedures apply:
  4  2    a.  Not later than March 1, and after the publication and
  4  3 public hearing on the budget in the manner and form prescribed
  4  4 by the director of the department of management,
  4  5 notwithstanding sections 331.434, 362.3, and 384.16, the city
  4  6 or county shall petition the state appeal board for approval
  4  7 of a property tax increase in excess of the increases provided
  4  8 for in subsection 3, on forms furnished by the director of the
  4  9 department of management.  Applications received after March 1
  4 10 shall be automatically ineligible for consideration by the
  4 11 board.
  4 12    b.  Additional costs incurred by the city or county due to
  4 13 any of the following circumstances shall be the basis for
  4 14 justifying the extraordinary increase in property tax dollars
  4 15 under this subsection:
  4 16    (1)  Natural disaster or other life=threatening
  4 17 emergencies.
  4 18    (2)  Unusual need for additional moneys to finance existing
  4 19 programs that would provide substantial benefit to city or
  4 20 county residents or compelling need to finance new programs
  4 21 that would provide substantial benefit to city or county
  4 22 residents.
  4 23    (3)  Need for additional moneys for health care, treatment,
  4 24 and facilities, including mental health and mental retardation
  4 25 care and treatment pursuant to section 331.424, subsection 1,
  4 26 paragraphs "a" and "b".
  4 27    (4)  Judgments, settlements, and related costs arising out
  4 28 of civil claims against the city or county and its officers,
  4 29 employees, and agents, as defined in chapter 670.
  4 30    c.  The state appeal board shall approve, disapprove, or
  4 31 reduce the amount of excess property tax dollars requested.
  4 32 The board shall take into account the intent of this section
  4 33 to provide property tax relief.  The decision of the board
  4 34 shall be rendered at a regular or special meeting of the board
  4 35 within twenty days of the board's receipt of an appeal.
  5  1    d.  Within seven days of receipt of the decision of the
  5  2 state appeal board, the county or city shall adopt and certify
  5  3 its budget under section 331.434 or 384.16, which budgets may
  5  4 be protested as provided in section 331.436 or 384.19.  The
  5  5 budget shall not contain an amount of property tax dollars in
  5  6 excess of the amount approved by the state appeal board.
  5  7    6.  COUNTY AUDITOR ADJUSTMENT.  In addition to the
  5  8 requirement of the county auditor in section 444.3 to
  5  9 establish a rate of tax which does not exceed the rate
  5 10 authorized by law, the county auditor shall also adjust the
  5 11 rate if the amount of property tax dollars to be raised is in
  5 12 excess of the amount specified in subsections 1 and 3 for a
  5 13 county or subsections 2 and 3 for a city, as such rates may be
  5 14 adjusted pursuant to subsection 5.
  5 15    7.  DEFINITIONS.  For purposes of this section:
  5 16    a.  "Budget year" is the fiscal year beginning during the
  5 17 calendar year in which a budget is first certified.
  5 18    b.  "Current fiscal year" is the fiscal year ending during
  5 19 the calendar year in which a budget is first certified.
  5 20    Sec. 2.  NEW SECTION.  444.25A  OTHER PROPERTY TAX LEVY
  5 21 LIMITATIONS NOT AFFECTED.
  5 22    Section 444.25 shall not be construed as removing or
  5 23 otherwise affecting the property tax limitations otherwise
  5 24 provided by law for any tax levy of a political subdivision.
  5 25                    CORRESPONDING AMENDMENTS
  5 26    Sec. 3.  Section 24.48, unnumbered paragraphs 4, 5, and 7,
  5 27 Code 2005, are amended by striking the unnumbered paragraphs.
  5 28    Sec. 4.  Section 24.48, unnumbered paragraph 6, Code 2005,
  5 29 is amended to read as follows:
  5 30    For purposes of this section only, "political subdivision"
  5 31 means a city, school district, or any other special purpose
  5 32 district which certifies its budget to the county auditor and
  5 33 derives funds from a property tax levied against taxable
  5 34 property situated within the political subdivision, except
  5 35 that it does not mean a city or a county.
  6  1    Sec. 5.  Section 331.422, unnumbered paragraph 1, Code
  6  2 2005, is amended to read as follows:
  6  3    Subject to this section and sections 331.423 through
  6  4 331.426 331.425 or as otherwise provided by state law, the
  6  5 board of each county shall certify property taxes annually at
  6  6 its March session to be levied for county purposes as follows:
  6  7    Sec. 6.  Section 331.424A, subsection 4, Code 2005, is
  6  8 amended to read as follows:
  6  9    4.  For the fiscal year beginning July 1, 1996, and for
  6 10 each subsequent fiscal year, the county shall certify a levy
  6 11 for payment of services.  For each fiscal year, county
  6 12 revenues from taxes imposed by the county credited to the
  6 13 services fund shall not exceed an amount equal to the amount
  6 14 of base year expenditures for services as defined in section
  6 15 331.438, less the amount of property tax relief to be received
  6 16 pursuant to section 426B.2, in the fiscal year for which the
  6 17 budget is certified.  The county auditor and the board of
  6 18 supervisors shall reduce the amount of the levy certified for
  6 19 the services fund by the amount of property tax relief to be
  6 20 received.  A levy certified under this section is not subject
  6 21 to the any appeal provisions of section 331.426 or to any
  6 22 other provision in law authorizing a county to exceed,
  6 23 increase, or appeal a property tax levy limit.
  6 24    Sec. 7.  Section 331.434, unnumbered paragraph 1, Code
  6 25 2005, is amended to read as follows:
  6 26    Annually, the board of each county, subject to sections
  6 27 331.423 through 331.426 331.425 and other applicable state
  6 28 law, shall prepare and adopt a budget, certify taxes, and
  6 29 provide appropriations as follows:
  6 30    Sec. 8.  Section 331.435, unnumbered paragraph 1, Code
  6 31 2005, is amended to read as follows:
  6 32    The board may amend the adopted county budget, subject to
  6 33 sections 331.423 through 331.426 331.425 and other applicable
  6 34 state law, to permit increases in any class of proposed
  6 35 expenditures contained in the certified budget.
  7  1    Sec. 9.  Section 331.426, Code 2005, is repealed.
  7  2    Sec. 10.  EFFECTIVE AND APPLICABILITY DATE.  This Act takes
  7  3 effect July 1, 2005, and applies to fiscal years beginning on
  7  4 or after July 1, 2006.
  7  5                           EXPLANATION
  7  6    This bill limits the maximum dollar amounts of property tax
  7  7 levies to be imposed by cities and counties to the dollar
  7  8 amounts of the property taxes levied in the previous year,
  7  9 with certain exceptions.  The bill also allows the amount of
  7 10 the county's or city's previous year's tax levy to be
  7 11 increased as follows:  by 1.5 percent or the consumer price
  7 12 index, whichever is lower; by 1 percent in the fiscal year
  7 13 following the federal decennial census if the population of
  7 14 the county or city, as applicable, has grown by 10 percent or
  7 15 more; and by 1 percent if the budget year school pupil
  7 16 enrollment in the county or city, as applicable, increased by
  7 17 more than 2 percent over the school pupil enrollment in the
  7 18 current fiscal year.  The bill defines "enrollment".  The
  7 19 limitation on property taxes may be exceeded for certain
  7 20 expenditures if the county or city, as applicable, files a
  7 21 petition with the state appeal board by March 1 and the
  7 22 petition is approved by the state appeal board.  Conforming
  7 23 amendments relating to exceeding property tax levies are made
  7 24 to Code sections 24.48 and 331.426.  The limitation on
  7 25 property taxes takes effect July 1, 2005, and applies to
  7 26 fiscal years beginning on or after July 1, 2006.
  7 27 LSB 2890YH 81
  7 28 sc:rj/gg/14