House File 843 - Introduced



                                   HOUSE FILE       
                                   BY  COMMITTEE ON WAYS AND MEANS

                                   (SUCCESSOR TO HSB 205)


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

                                      A BILL FOR

  1 An Act providing for the property taxation of the facilities of
  2    city=operated cable communications systems and including
  3    effective and applicability date provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1815HV 81
  6 mg/pj/5

PAG LIN



  1  1    Section 1.  Section 427.1, subsection 2, Code 2005, is
  1  2 amended to read as follows:
  1  3    2.  MUNICIPAL AND MILITARY PROPERTY.  The property of a
  1  4 county, township, city, school corporation, levee district,
  1  5 drainage district, or the Iowa national guard, when devoted to
  1  6 public use and not held for pecuniary profit, except property
  1  7 any of the following:
  1  8    a.  Property of a municipally owned electric utility held
  1  9 under joint ownership and property of an electric power
  1 10 facility financed under chapter 28F or 476A that shall be
  1 11 subject to taxation under chapter 437A and facilities.
  1 12    b.  Facilities of a municipal utility that are used for the
  1 13 provision of local exchange services pursuant to chapter 476,
  1 14 but only to the extent such facilities are used to provide
  1 15 such services, which shall be subject to taxation under
  1 16 chapter 433, except that section 433.11 shall not apply.
  1 17    c.  Facilities operated by a city as a cable communications
  1 18 system pursuant to section 364.3, but only to the extent such
  1 19 facilities are used to provide cable communications services,
  1 20 which shall be subject to taxation as provided in chapter 441,
  1 21 at the following percentages of the assessed value of such
  1 22 facilities used to provide cable communications services:
  1 23    (1)  If the facilities are first constructed after January
  1 24 1, 2005, or facilities existing on January 1, 2005, are
  1 25 expanded after January 1, 2005, one hundred percent of
  1 26 assessed value.
  1 27    (2)  For facilities not described in subparagraph (1), the
  1 28 following percentages apply:
  1 29    (a)  For assessment years beginning prior to January 1,
  1 30 2010, zero percent of assessed value.
  1 31    (b)  For assessment years beginning January 1, 2010, but
  1 32 prior to January 1, 2015, twenty=five percent of assessed
  1 33 value.
  1 34    (c)  For assessment years beginning January 1, 2015, but
  1 35 prior to January 1, 2020, fifty percent of assessed value.
  2  1    (d)  For assessment years beginning January 1, 2020, but
  2  2 prior to January 1, 2025, seventy=five percent of assessed
  2  3 value.
  2  4    (e)  For assessment years beginning January 1, 2025, and
  2  5 succeeding assessment years, one hundred percent of assessed
  2  6 value.
  2  7    PARAGRAPH DIVIDED.  The exemption for property owned by a
  2  8 city or county also applies to property which is operated by a
  2  9 city or county as a library, art gallery or museum,
  2 10 conservatory, botanical garden or display, observatory or
  2 11 science museum, or as a location for holding athletic
  2 12 contests, sports or entertainment events, expositions,
  2 13 meetings or conventions, or leased from the city or county for
  2 14 any such purposes, or leased from the city or county by the
  2 15 Iowa national guard or by a federal agency for the benefit of
  2 16 the Iowa national guard when devoted for public use and not
  2 17 for pecuniary profit.
  2 18    PARAGRAPH DIVIDED.  Food and beverages may be served at the
  2 19 events or locations without affecting the exemptions, provided
  2 20 the city has approved the serving of food and beverages on the
  2 21 property if the property is owned by the city or the county
  2 22 has approved the serving of food and beverages on the property
  2 23 if the property is owned by the county.
  2 24    Sec. 2.  EFFECTIVE AND APPLICABILITY DATES.  This Act,
  2 25 being deemed of immediate importance, takes effect upon
  2 26 enactment and applies retroactively to January 1, 2005, for
  2 27 assessment years beginning on or after that date.
  2 28                           EXPLANATION
  2 29    This bill provides that facilities of city=operated cable
  2 30 communications systems are one of the exceptions to the
  2 31 general property tax exemption for city=owned property.  Thus
  2 32 such cable systems are made subject to property tax under the
  2 33 bill.  However, total taxation takes place over 20 years for
  2 34 such cable systems that are in existence on January 1, 2005,
  2 35 and are not expanded.  The schedule provides that 25 percent
  3  1 of the value is taxed beginning January 1, 2010, 50 percent of
  3  2 the value is taxed beginning January 1, 2015, 75 percent of
  3  3 the value is taxed beginning January 1, 2020, and 100 percent
  3  4 of the value is taxed beginning January 1, 2025.  In the case
  3  5 of facilities first constructed after January 1, 2005, or
  3  6 expanded after January 1, 2005, the new facilities are taxed
  3  7 at 100 percent.
  3  8    The bill takes effect upon enactment and applies
  3  9 retroactively to January 1, 2005, for assessment years
  3 10 beginning on or after that date.
  3 11 LSB 1815HV 81
  3 12 mg:rj/pj/5